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HomeMy WebLinkAbout02-11-19 City Commission Minutes soz * t 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 Page 1 of 12 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 Page 2 of 12 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. Page 3 of 12 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. Page 4 of 12 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. Page 5 of 12 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 Page 6 of 12 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. Page 7 of 12 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. Page 8 of 12 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 Page 9 of 12 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. Page 10 of 12 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 Page 11 of 12 Bozeman City Commission Meeting Minutes,February 11,2019 ATTEST: 00 �o J • �r ,-�+ • Robin Crough * • '_r. — City Clerk s CL'. � 3 i PREPARED BY: Robin Crough City Clerk Approved on: Page 12 of 12