HomeMy WebLinkAbout02-11-19 City Commission Minutes soz
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, February 11,2019
AGENDA ORDER MODIFIED DURING MEETING. ITEMS REMAIN NUMBERED AS ORIGINALLY NOTICED.
Mayor-Cynthia Andrus: Present
DeputV Mayor-Chris Mehl: Present
Commissioner-Jeff Krauss: Present
Commissioner-I-Ho Pomeroy:Absent
Commissioner-Terry Cunningham: Present
Staff Present at the Dais:City Manager(CM)Andrea Surratt, City Attorney(CA) Greg Sullivan, City Clerk
Robin Crough
A. 06:00:26 PM (00:04:42) Call to Order—6:00 PM-Commission Room, City Hall, 121 North Rouse
Mayor Andrus called the meeting to order at 6:00 PM.
B. 06:00:38 PM (00:04:54) Pledge of Allegiance and a Moment of Silence
C. 06:01:26 PM (00:05:42)Changes to the Agenda
Mayor Andrus will be moving the policy discussion item to after Action Item 1.
D. 06:01:52 PM (00:06:08)Authorize Absence-Commissioner I-Ho Pomeroy
06:01:56 PM (00:06:12)Motion and Vote to authorize the absence of Commissioner Pomeroy. The
motion passed 4-0.
Commissioner-Terry Cunningham: Motion
Deputy Mayor-Chris Mehl: 2nd
Mayor-Cynthia Andrus:Approve
DeputV MaVor-Chris Mehl:Approve
Commissioner-Jeff Krauss:Approve
Commissioner- I-Ho Pomeroy:Absent
Commissioner-Terry Cunningham:Approve
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Bozeman City Commission Meeting Minutes,February 11,2019
E. 06:02:16 PM (00:06:32) Public Service Announcements
1. No City Commission Meeting on Monday, February 18, 2019 and Closure of City Offices
(Crough)
City Clerk Crough noted there will be no commission meeting and City offices will be closed
in observance of Presidents' Day.
F. 06:02:32 PM (00:06:48) FYI
• Cr. Cunningham noted the affordable housing working group will meet tomorrow.
G. 06:03:01 PM (00:07:17)Commission Disclosures
There were no commission disclosures.
H. 06:03:13 PM (00:07:29) Minutes
1. Approve the Regular Meeting Minutes from January 7,January 14,and January 28, 2019,and
User Access to Linked Minutes (Crough) , a
06:03:21 PM (00:07:37)Motion and Vote to approve the City Commission minutes from January 7,
January 14, and January 28,2019 as submitted. The motion passed 4-0.
Deputy Mayor-Chris Mehl: Motion
Commissioner-Jeff Krauss: 2nd
Mayor-CVnthia Andrus:Approve
DeputV Mayor-Chris Mehl:Approve
Commissioner-Jeff Krauss:Approve
Commissioner- I-Ho PomeroV:Absent
Commissioner-Terry Cunningham: Approve
I. 06:03:38 PM (00:07:54)Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) , t5
2. Formal Cancellation of the February 18, 2019 City Commission Meeting(Crough) 0
3. Approve the Final Plat for the Lakes at Valley West Phase 5A Subdivision, Authorize the
Director of Public Works to Sign the Same, and the Director of Community Development to
Sign the Improvements Agreements on behalf of the City of Bozeman, Application 18504
(Quasi-Judicial) (Rosenberg) ^ 0
4. Authorize the City Manager to Sign a Notice of Award to Omdahl Excavation and Utilities, Inc.
for Construction of the 2019 Bozeman Stormwater Improvements as well as Final Contract
Documents Once Received (Mehrens) "� a
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Bozeman City Commission Meeting Minutes,February 11,2019
5. Authorize the City Manager to Sign the American Institute of Architects (AIA) Master
Agreement, B221 Document, and Service Order Agreements with Taylor Architects P.C. dba
ThinkOne for Design Services for the Bozeman Public Safety Center(BPSC) (Winn) 01. a
6. Authorize the City Manager to Sign a Professional Services Agreement with Latitude
Geographics Group Ltd.for ArcGIS Enterprise Consulting Services (Henderson) , a
7. Authorize the City Manager to Sign Addendum Number 1 to the Professional Services
Agreement with Altitude Training Associates, LLC for Contractor Training Services (Mehrens)
a
8. Resolution 4994, Intent to Create Special Improvement Lighting District (SILD) Number 751
for the New High School and Flanders Creek Subdivision (Clark/Massey) - a
9. Resolution 5006, Intent to Create Special Improvement Lighting District (SILD) Number 752
for the New High School and Sports Park(Clark/Massey) O. P
10. Resolution 5008, Intent to Consider the Nexus Point Growth Policy Amendment to Amend
Figure 3-1 of the Bozeman Community Plan, the Future Land Use Map from Business Park
Mixed Use to Residential Use on 20 Acres, Located on the West Side of 19th Avenue, South
of Stucky Road, and North of West Graf Street,Application 19014(Rosenberg) a
06:03:46 PM (00:08:02)City Manager Overview
CM Surratt provided the highlights of the consent agenda.
06:04:50 PM (00:09:06) Public Comment
There was no public comment.
06:05:05 PM (00:09:21)Motion and Vote to approve Consent Items 1-10 as submitted. The motion
passed 4-0.
Commissioner-Jeff Krauss: Motion
Commissioner-TerrV Cunningham: 2nd
Mayor-CVnthia Andrus:Approve
Deputy Mayor-Chris Mehl:Approve
Commissioner-Jeff Krauss:Approve
Commissioner- I-Ho Pomeroy: Absent
Commissioner-Terry Cunningham:Approve
J. 06:05:21 PM (00:09:37) Public Comment
Mayor Andrus opened public comment.
06:06:14 PM (00:10:30)John Rogers,Public Comment
Mr. Rogers discussed his concerns with the proposed SID on Manley Road, as a concerned neighbor, and
asked to defer the action. He thought the assessment amount for MAP Brewing was disproportionately
large.
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Bozeman City Commission Meeting Minutes,February 11,2019
06:09:43 PM (00:13:59) Clint Farmer, Public Comment
Mr. Farmer, discussing the Manley Road SID,stated this is a significant amount of money, and thought
that combining this with impact fees seems like double taxation.
K. 06:10:58 PM (00:15:14)Special Presentation
1. Proposed Legislation to Create a Fourth Department of the 18th Judicial District Court(District
Judge Holly Brown)
06:11:19 PM (00:15:35) Presentation
District Court Judge Holly Brown discussed the details of proposed legislation in Helena at this time, and
the need of the 18th Judicial District Court.She asked for the city commission's support on this request.
District Court Judge John Brown further supported this request. Former Justice Mike Wheat discussed
the benefits to the city for additional judges.
06:25:06 PM (00:29:22) Questions
Cr. Krauss asked when the hearing will be.
Cr. Cunningham asked what the key messages that this commission should put in their support.
L. 06:29:41 PM (00:33:57)Action Items
1. 06:29:44 PM (00:34:00) Public Hearing on Protests for Special Improvement District (SID)
Number 747 and Adoption of Resolution 4955, Creating Special Improvement District (SID)
Number 747 for the Purpose of Undertaking Certain Street Improvements to Manley Road
from the Intersection with Griffin Drive to the Northern Boundary of the Gallatin Park
Subdivision and Financing the Costs Thereof(Kohtz) 7 a
06:30:20 PM (00:34:36)Staff Presentation
City Engineer Shawn Kohtz discussed the purpose of tonight's hearing on SID 747, Manley Road. He
provided an overview of the process, a review of the resolution of intent,the need for the
improvements, public notice,the protest period, and the number and nature of protests, property
assessments, improvements paid by the city, and a summary of tonight's item.
06:36:49 PM (00:41:05) Questions of Staff
Cr.Cunningham asked about the situations that exist that require improvements. He asked about the
value engineering of the project. He asked further about street funding. He asked if any of the received
protests do NOT have a waiver of right to protest.
CA Sullivan clarified that impact fees can only be used for capacity expansion
DM Mehl asked about the percentage of protests received,the city's noticing, and how long this project
has been discussed.
Mayor Andrus asked Mr. Kohtz to explain the waivers running with the land.
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Bozeman City Commission Meeting Minutes,February 11,2019
CA Sullivan noted it would be helpful for the commission to discuss the benefit and findings.
06:56:10 PM (01:00:26) Public Comment
Mayor Andrus opened public comment.
06:56:33 PM (01:00:49)Ben Yonker, Public Comment
Mr.Yonker asked the commission to step back and find another way to distribute these large costs. He
stated these fees could discourage infill. He noted soft costs that will impact those businesses.
06:59:36 PM (01:03:52)Melinda Winegardner,Public Comment
Ms. Winegardner filed a protest, and signed the waiver 15 years ago. She asked why Griffin was
excluded.She discussed concerns with on-street parking and MAP Brewing.She asked why Manley was
determined to be the connector.
07:02:59 PM (01:07:15)Dave Cameron, Public Comment
Mr. Cameron discussed the tax burden on small business owners. He discussed confusion about the
protests, as well as who benefits.
07:06:31 PM (01:10:47)Katie Moyer,Public Comment
Ms. Moyer discussed the price and proportionate benefit of their property. She discussed the design and
impact on the specific area.
07:09:31 PM (01:13:47)Dan Alexander,Public Comment
Mr.Alexander, property owner in the district, discussed this area is growing and the public benefit is
safety. He supports the SID.
07:10:55 PM (01:15:11)Patrick Kainz, Public Comment
Mr. Kainz, owner of MAP Brewing, noted these improvements will increase public safety. He noted
many use it as a connector. Even though he will be impacted financially, he supports the SID.
07:13:36 PM (01:17:52)ClarkSprapue, Public Comment
Mr.Sprague lives up the road and uses it frequently,and supports the SID for safety reasons.
07:15:01 PM (01:19:17) Ted Campbell,Public Comment
Mr. Campbell,with the Sunrise Rotary Club, discussed incoming subdivisions in the district, as well as
Glen Lake Park.The increase of use will require these improvements,which are supported by the
Sunrise Rotary Club.
07:17:38 PM (01:21:54)Staff Clarifications
City Engineer Kohtz discussed the proportionate benefit and costs.
CA Sullivan discussed the protest procedures.
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Bozeman City Commission Meeting Minutes,February 11,2019
07:19:12 PM (01:23:28) Questions of Staff
Cr. Krauss asked about how many SIDs are 100%funded by the residents.
Mayor Andrus asked what percentages of this SID are paid by different parties.
DM Mehl asked about parking requirements of local businesses and street design.
Mayor Andrus asked who decided Manley Road would be a collector.She asked about the off-street
parking requirement.
07:24:19 PM (01:28:35)Motion that after hearing all protests, and finding them to be insufficient
under law to bar further proceedings,I hereby move to adopt Resolution 4955 creating Special
Improvement District Number 747 for Manley Road.
Commissioner-TerryCunningham: Motion
Deputy Mayor-Chris Mehl: 2nd
07:24:38 PM (01:28:54) Discussion
Cr. Cunningham acknowledged the cost difficulties. He concurred with the findings in the staff report,
and reiterated the findings of his colleagues and from the resolution of intent. He discussed safety
needs.
DM Mehl discussed high road construction costs, but that this is needed.
Cr. Krauss noted there are not many SIDS that the owners pay 100%, and why impact fees aren't used
here. He noted the benefits these property owners will receive. He discussed payback districts.
Mayor Andrus supports the SID and associates her comments with her colleagues. She discussed safety
as a priority and the public benefit.
07:55:07 PM (01:59:23) Vote on the Motion that after hearing all protests, and finding them to be
insufficient under law to bar further proceedings, I hereby move to adopt Resolution 4955 creating
Special Improvement District Number 747 for Manley Road. The motion passed 4-0.
Commissioner-Terry Cunningham: Motion
Deputy Mayor-Chris Mehl: 2nd
Mayor-Cynthia Andrus:Approve
Deputy Mayor-Chris Mehl:Approve
Commissioner-Jeff Krauss:Approve
Commissioner- I-Ho Pomeroy:Absent
Commissioner-Terry Cunningham:Approve
07:55:17 PM (01:59:33) Recess
Mayor Andrus called the commission into recess until 8:05 PM.
08:05:12 PM (02:09:28)Call to Order
Mayor Andrus called the meeting back to order.
Policy/Work Session 1. 08:05:15 PM (02:09:31) City Commission Goal Setting / Strategic Plan
Priorities for 2019 (Surratt) a
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Bozeman City Commission Meeting Minutes,February 11,2019
08:06:14 PM (02:10:30)Staff Presentation
CM Surratt discussed the history of the goal setting process, as well as the current strategic plan.She
discussed the seven priorities, and the progress on those priorities. She noted an additional 238 projects
being worked on.Strategic Services Director Jon Henderson introduced a smartsheet tool to be used in
the future. CM Surratt discussed issues that have come up that haven't been on the priority list.She laid
out process for the evening and capturing the priorities for 2019.
08:31:38 PM (02:35:54) Process
Mayor Andrus discussed the process for the evening.
08:33:52 PM (02:38:08)Questions of Staff
DM Mehl asked about clarification about the role of a commission priority vs. non-commission work
that may take significant work.
Cr. Cunningham asked about strategic plan action items that are still happening but just not a priority.
08:45:57 PM (02:50:13) Discussion on Current Top 7
Current Top 7:
Affordable Housing
Parks Maintenance District
Community Outreach
Partnerships for Education and Learning
Annexation Analysis and Study
Planning and Land Use Initiatives
Bozeman Public Safety Center
Cr. Cunningham expressed concerns with resources and staff time regarding affordable housing.
DM Mehl discussed the differentiation between the top priorities and those that don't require
commission involvement. He would remove the Bozeman Public Safety Center and the Partnerships for
Education and Learning. He would prefer not to add any more.
Cr. Krauss discussed using this for evaluation. He would put more thought into affordable housing. He
discussed the compression of the salary structure with the minimum wage increase.
Mayor Andrus agreed with DM Mehl's list, acknowledging the work will still happen.
DM Mehl stated that these top 5 will have future commission action.
09:05:01 PM (03:09:17) Discussion on New Items
Mayor Andrus asked if there are additions to this list.
Cr. Cunningham discussed library expansion opportunities. He discussed budgeting for social service
needs. He also noted livable wage for city employees.
DM Mehl noted push notifications as a priority. He discussed focus on a planning donut with the county.
Cr. Krauss discussed internal communications.
Mayor Andrus discussed UDC review for landscape and drought, and the percent for art.
Cr. Cunningham noted a feasibility study for gender equity with subcontractors.
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Bozeman City Commission Meeting Minutes,February 11,2019
Cr. Krauss asked about future global UDC revisions, and added Pile C.
CM Surratt provided updates of the full "Column B" list.
Mayor Andrus noted a number that are already in progress.
Cr. Krauss expressed concern of the commission's involvement in the wage issue.
DM Mehl asked what the merits of being in "Column B"would be.The Commission and CM Surratt
discussed the rating/rankings in some detail.
Cr. Cunningham discussed concerns with removing items from the list.
The commission continued to discuss the role of"Column B."
DM Mehl discussed what items he would remove and retain.
Cr. Krauss noted this list could encompass hundreds of items, and asked to remove the two HPO items.
The commission discussed the library expansion item.
The commission discussed if these were end of 2019 calendar year items.The top four were Pile C,the
PCC, broadband,and push notifications.
CM Surratt stated these would come back mid-March.
10:00:39 PM (04:04:55) Meeting Extended
Mayor Andrus extended the meeting to 10:30 PM.
2. 10:01:25 PM (04:05:41)Resolution 4991,Approving a Project in the Bozeman Midtown Urban
Renewal District as an Urban Renewal Project, Making Findings with Respect Thereto and
Approving the Use of Tax Increment Revenues or Tax Increment Revenue Bonds to Pay,
Reimburse or Finance Eligible Costs Thereof; Authorizing the City Manager to Sign a Related
Development Agreement with Life Style Solutions Real Estate, LLC; and Making a
Reimbursement Declaration;for the Ruh Building(Fine) " a
10:02:15 PM (04:06:31)Staff Presentation
Urban Renewal Manager David Fine provided the history of midtown development,the 2017 Midtown
Action Plan, project incentives,the proposed Ruh Building, design goals, infrastructure improvements,
project fees and charges,fiscal effects,and the actions of the resolution.
10:12:31 PM (04:16:47) Questions of Staff
DM Mehl asked about the "but/for"test. He asked when the reimbursement would happen. He asked
about the location, and conformation to zoning.
Cr. Cunningham asked about the future of incentives and the criteria and funds available.
Mayor Andrus asked about the 15%contingency and the return on investment number.
10:22:07 PM (04:26:23) Questions for Applicant
DM Mehl asked if he's seen and agrees with the staff report.
10:23:00 PM (04:27:16) Public Comment
Mayor Andrus opened public comment.
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Bozeman City Commission Meeting Minutes,February 11,2019
10:23:11 PM (04:27:27)Emily Taleggo, Public Comment
Ms.Taleggo stated there is a lack of transparency in capturing TIF funds, and was concerned about the
financials.
10:26:44 PM (04:31:00) Eric Mauer, Public Comment
Mr. Mauer stated tax dollars shouldn't be used on this without better parking.
10:27:57 PM (04:32:13)Staff Clarifications
Mr. Fine addressed the use of TIF funds and addressed the applicant's intent with parking.
10:30:47 PM (04:35:03) Meeting Extended
Mayor Andrus extended the meeting to 11:00 PM.
10:31:04 PM (04:35:20)Motion that having reviewed and considered the staff report, application
materials,public comment, and all information presented, I hereby adopt the findings presented in the
staff report and move to adopt Resolution 4991.
DeputV Mayor-Chris Mehl: Motion
Commissioner-Jeff Krauss: 2nd
10:31:18 PM (04:35:34) Discussion
DM Mehl discussed TIF money uses and transparency. He noted this project is on the edge of
risk/benefit.
Cr. Krauss noted the importance of the corner.
Cr. Cunningham acknowledged and commended the risk.
Mayor Andrus supports the project.
10:44:40 PM (04:48:56) Vote on the Motion that having reviewed and considered the staff report,
application materials,public comment, and all information presented, I hereby adopt the findings
presented in the staff report and move to adopt Resolution 4991. The motion passed 4-0.
DeputV Mayor-Chris Mehl: Motion
Commissioner-Jeff Krauss: 2nd
Mayor-CVnthia Andrus:Approve
DeputV Mayor-Chris Mehl: Approve
Commissioner-Jeff Krauss:Approve
Commissioner- I-Ho Pomeroy: Absent
Commissioner-Terry Cunningham: Approve
3. 10:44:55 PM (04:49:11) Transportation (Street) Impact Fee Study — Additional Requested
Information and Direction to Staff Regarding Adopting the New Study and Making Changes to
the City's Transportation (Street) Impact Fees(Rosenberry) �' a
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Bozeman City Commission Meeting Minutes,February 11,2019
10:45:17 PM (04:49:33)Staff Presentation
Assistant City Manager Anna Rosenberry discussed the credit calculation in the arterial and collector
district.She discussed where that money was spent.
10:51:57 PM (04:56:13) Questions of Staff
Mayor Andrus asked if the calculation was different than the past.
DM Mehl asked if impact fees are higher or lower because of this.
10:55:10 PM (04:59:26) Public Comment
There was no public comment.
10:55:30 PM (04:59:46)Motion to direct staff to return with a resolution to adopt the new study and
change Transportation Impact Fees.
Commissioner-Jeff Krauss: Motion
Commissioner-Terry Cunningham: 2nd
10:55:38 PM (04:59:54) Discussion
Cr. Krauss does not support this as deferred maintenance isn't considered.
Cr. Cunningham stated this fee sets the city up well.
DM Mehl supports the motion,as his questions have been answered.
Mayor Andrus supports the motion.
10:58:13 PM (05:02:29) Vote on the Motion to direct staff to return with a resolution to adopt the new
study and change Transportation Impact Fees. The motion passed 3-1.
Commissioner-Jeff Krauss: Motion
Commissioner-Terry Cunningham: 2nd
Mayor-Cynthia Andrus:Approve
Deputy Mayor-Chris Mehl: Approve
Commissioner-Jeff Krauss: Disapprove
Commissioner- I-Ho Pomeroy:Absent
Commissioner-Terry Cunningham:Approve
4. 10:58:32 PM (05:02:47) Appointment(s) to the Economic Development Council (EDC)
(Sweeney) , t�
10:58:33 PM (05:02:49) Public Comment
There was no public comment.
10:58:45 PM (05:03:01)Motion and Vote to appoint Eva Skidmore and Cheryl Ridgley[to the Economic
Development Council]to positions with terms ending February 1,2022. The motion passed 4-0.
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Bozeman City Commission Meeting Minutes,February 11,2019
Deputy Mayor-Chris Mehl: Motion
Commissioner-Jeff Krauss: 2nd
Mayor-Cynthia Andrus:Approve
Deputy Mayor-Chris Mehl:Approve
Commissioner-Jeff Krauss:Approve
Commissioner- 1-Ho Pomeroy:Absent
Commissioner-TerrV Cunningham: Approve
5. 10:59:11 PM (05:03:27)Appointment to the Pedestrian and Traffic Safety Committee (PTSC)
(Sweeney) 07 a
10:59:14 PM (05:03:30) Public Comment
There was no public comment.
10:59:25 PM (05:03:41)Motion and Vote to appoint Sherry Heis to the City Appointee(Voting)position
on the Pedestrian and Traffic Safety Committee to a term ending December 31,2020. The motion
passed 4-0.
Commissioner-Terry Cunningham: Motion
Deputy Mayor-Chris Mehl: 2nd
Mayor-Cynthia Andrus:Approve
Deputy Mayor-Chris Mehl:Approve
Commissioner-Jeff Krauss:Approve
Commissioner- 1-Ho Pomeroy:Absent
Commissioner-Terry Cunningham:Approve
Mn o„i:,..,nWerk cos..:,,., MOVED TO AFTER ACTION ITEM 1
N. 10:59:49 PM (05:04:05) FYI/Discussion
• The commission discussed their support of writing a letter in support of the District Court's
request.
• CA Sullivan clarified the UDC Pile C issue from earlier in the evening.
O. 11:02:31 PM (05:06:47)Adjournment
Mayor Andrus adjourned the meeting at 11:02 PM.
Chris Mehl
Deputy Mayor
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Bozeman City Commission Meeting Minutes,February 11,2019
ATTEST:
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PREPARED BY:
Robin Crough
City Clerk
Approved on:
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