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Home My WebLink About04-22-19 City Commission Minutes a cAt C0.a 04a t� THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES REVISED Monday,April 22,2019 Mayor-Cynthia Andrus: Present Deputy Mayor-Chris Mehl: Present Commissioner-Jeff Krauss: Present Commissioner-I-Ho Pomeroy: Present Commissioner-Terry Cunningham: Present Staff Present at the Dais:City Manager(CM)Andrea Surratt,City Attorney(CA)Greg Sullivan, City Clerk Robin Crough (during Executive Session), Deputy City Clerk Brenda Sweeney(during regular meeting) VIDEO AND AUDIO RECORDING BEGIN AT ITEM E. A. 05:00:00 PM -Call to Order—EARLY START TIME-5:00 PM-Commission Room, City Hall, 121 North Rouse Mayor Andrus called the meeting to order at 5:00 PM. B. 05:00:00 PM-Pledge of Allegiance and a Moment of Silence C. 05:01:00 PM -Changes to the Agenda CM Surratt asked to move Consent Item 4 to a regular agenda item. Mayor Andrus placed it first on the action agenda. D. 05:01:00 PM-Executive Session 1. Koopman et al.v. City of Bozeman et al. Litigation Strategy(Sullivan) CA Sullivan stated the meeting may be closed to have a discussion related to litigation strategy, if the discussion involves litigation and an open meeting would have a detrimental effect on the City's litigation position, pursuant to Section 2-3-203(4)(a), MCA. 5:02:00 PM Motion to find that the meeting involves a discussion of litigation strategy,and that an open meeting would have a detrimental effect on the litigation position of the City. The motion passed 5-0. Page 1 of 13 Bozeman City Commission Meeting Minutes,April22,2019 Commissioner-Jeff Krauss: Motion Commissioner-I-Ho Pomeroy: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve A separate set of minutes have been prepared for the Executive Session. 05:47:00 PM Recess Mayor Andrus called the commission into recess until 6:00 PM. 05:59:55 PM (00:05:40) Call to Order Mayor Andrus called the meeting back to order at 6:00 PM. E. 06:00:04 PM (00:05:49) FYI • Mayor Andrus reiterated the dates of the Parking Permit District meetings. F. 06:01:19 PM (00:07:04)Commission Disclosures There were no commission disclosures. G. 06:01:26 PM (00:07:11)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services(LaMeres) .a 2. Appoint a Sub-Committee of Two Commissioners to Review Depository Bonds and Pledged Securities as of March 31, 2019(Clark) a 3. Authorize the Mayor to Sign a Montana Department of Commerce, Big Sky Economic Development Trust Fund Program Grant Award to MeatEater, Inc., Contract Number MT- BSTF-1-19-12(Fontenot) ! p 4. 40--thernze the MayeF te SigR the Valley West SquaFe PFelirninaFy Plat Findings Af Far# and C)Fd,, ppli ati n 19049 (Quasi u d"eial) (SayndeFs) `p MOVED TO ACTION ITEMS, AS ACTION ITEM 1. 5. Authorize the City Manager to Sign a Sewer and Water Pipeline and Access Easement and Agreement and a Public Street and Utility Easement with Marshall B. and C. Luzann Bennett for the Gran Cielo Subdivision Project, Located at the Northwest Corner of South 27th Avenue and Graf Street(Nielsen) �a 6. Authorize the City Manager to Sign a Water Pipeline and Access Easement and Agreement and a Release and Reconveyance of Easement with Bozeman Health for the Bozeman Health ICU Site Plan Project, Located on Highland Boulevard (Nielsen) ,.a Page 2 of 13 Bozeman City Commission Meeting Minutes,April 22,2019 7. Authorize the City Manager to Sign a Water Pipeline and Access Easement and Agreement with a Conditional Irrevocable Offer of Dedication with Crow River Management, LLC for the Silver Creek Apartments Project, Located at the Northeast Corner of 27th Avenue and Oak Street(Nielsen) !; 8. Resolution 5049,Authorizing the City Manager to Sign an Agreement with B.Armour for the Transfer of"Kuno," Retired Police K9(Crawford) a 06:01:31 PM (00:07:16)City Manager Overview CM Surratt noted the highlights of the consent agenda. 06:02:25 PM (00:08:10) Public Comment There was no public comment. 06:02:50 PM (00:08:35)Motion and Vote to approve Consent Items 1-3 and 5-8 as submitted. The motion passed 5-0. Commissioner- I-Ho Pomeroy: Motion Commissioner-Terry Cunningham: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve H. 06:03:15 PM (00:09:00) Public Comment There was no public comment. I. 06:04:01 PM (00:09:46) Mayoral Proclamation 1. 06:04:13 PM (00:09:58) Proclamation to Celebrate Arbor Day Mayor Andrus read a proclamation to celebrate and recognize April 26, 2019 as Arbor Day. She presented the proclamation to City Forester Alex Nordquest and thanked him for his work on tree management for the City of Bozeman. J. 06:06:10 PM (00:11:55)Special Presentation 1. 06:06:18 PM (00:12:03) Presentation of the 2019 Bozeman Area Labor Report (Fontenot/K l u ngtve dt) 06:06:29 PM (00:12:14)Staff Presentation Economic Development Director Brit Fontenot introduced the 2019 Bozeman Area Labor Report. He provided the background of the report and stated this is a collaboration between the City of Bozeman, Gallatin College, Montana State University,the Bozeman Area Chamber of Commerce, and the Montana Page 3 of 13 Bozeman City Commission Meeting Minutes,April22,2019 Department of Labor and Industry. He introduced Emily Klungtvedt,Senior Economist from the Department of Labor,and she reviewed the findings of the report.Stephanie Gray, Program Development Manager with Gallatin College,talked about how their work is conducted for lining up skillsets and occupations. 06:24:47 PM (00:30:32)Commission Comments Mayor Andrus expressed appreciation of the work of Gallatin College. Cr. Krauss congratulated Bob Hietala, Dean of Gallatin College MSU, on his upcoming retirement. He talked about enrollment and graduation rates of Gallatin College. K. 06:26:29 PM (00:32:14)Action Items 1. 06:26:35 PM (00:32:20)Consent Item 4. Authorize the Mayor to Sign the Valley West Square Preliminary Plat Findings of Fact and Order,Application 19049 (Quasi-Judicial) (Saunders) 7'4— 06:26:51 PM (00:32:36)Commission Comments Cr. Krauss commented this location is one of the commercial neighborhood centers and expressed disappointment with the design of the roads. He stated we are not designing neighborhood centers for a throughput and he thinks our engineers believe we are and need an intervention with the engineers and design teams. He does not support the lack of parking along Babcock and Cottonwood out in front of these stores. 06:30:28 PM (00:36:13) Public Comment There was no public comment. 06:30:36 PM (00:36:21)Motion to Authorize the Mayor to Sign the Valley West Square Preliminary Plat Findings of Fact and Order,Application 19049. Commissioner-Terry Cunningham: Motion Deputy Mayor-Chris Mehl: 2nd 06:30:58 PM (00:36:43) Discussion DM Mehl stated this is a preliminary plat rather than a site plan,so the commission was restricted in their review. Cr. Krauss believes it is a design standard issue and the result shows no parking on the preliminary plat, which is not what we want on North 7tn 06:32:27 PM (00:38:12) Vote on the Motion to Authorize the Mayor to Sign the Valley West Square Preliminary Plat Findings of Fact and Order,Application 19049. The motion passed 5-0. Page 4 of 13 Bozeman City Commission Meeting Minutes,April22,2019 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:Approve Commissioner-Terry Cunningham:Approve 2. 06:32:42 PM (00:38:27) Resolution 5051, Ratifying the City Manager's Signature on a Settlement Agreement and Waiver of Appeal Rights in Roger Koopman and Paul F.Johnson v. City of Bozeman (Surratt/Sullivan) 4o 06:32:59 PM (00:38:44)Staff Presentation City Attorney Greg Sullivan presented Resolution 5051 which would ratify a settlement agreement between the City of Bozeman, Mr. Koopman and Mr.Johnson.The purpose of the resolution is to provide the commission an opportunity to resolve the litigation filed by Mr. Koopman and Mr.Johnson over the Bozeman Public Safety Center educational effort from last fall. Mr.Sullivan revisited the history of the case and talked about the terms of the settlement. He talked about a few brief pros and cons and a time appeal if the commission chooses not to ratify the settlement. 06:40:32 PM (00:46:17) Commission Questions DM Mehl asked what a one-time settlement means in terms of reflecting on the future. He asked if the city vigorously defends itself. Cr.Cunningham asked about the cost in terms of personnel time and resources in defending this case and how it impacts city operations. CM Surratt reiterated staff time spent with the team on this case. Cr.Cunningham asked if the check would go to Mr. Koopman or his attorney. 06:49:02 PM (00:54:47) Public Comment Mayor Andrus opened public comment. 06:49:16 PM (00:55:01)Public Comment, Roger Koopman Mr. Koopman addressed his ambivalence on this matter relative to whether or not the commission passes the motion. He gave his background of reasons for bringing this action. 06:53:50 PM (00:59:35)Motion that having considered public comment,I hereby move to adopt Resolution 5051. Deputy Mayor-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd Page 5 of 13 Bozeman City Commission Meeting Minutes,April22,2019 06:54:09 PM (00:59:54) Discussion DM Mehl addressed why we are here and talked about the reasons we've tried to build a public safety center. He talked about the commissioner of political practices'consideration of the issue. He talked about the district court's ruling. He stated we need to move on. Cr. Krauss thanked Mr. Koopman for agreeing to the settlement. He thanked Mr.Sullivan and his staff for their leadership. He talked about constitutional issues and especially his right to speak. He talked about not finding merit in the purpose of this lawsuit. Cr. Pomeroy talked about her thoughts on the complaints dismissed throughout the process.She chooses not to support the motion. Cr.Cunningham talked about the bottom line of the strategic planning objective to get the public safety center built. He talked about the numerous presentations given at events to educate the public on what they were voting on. He talked about a litigious society. Mayor Andrus will support the resolution and agrees with the previous comments.She thanked Mr. Sullivan and team and community for their patience.She talked about the bottom line effort to get the building built.She talked about public interest. 07:13:22 PM (01:19:07) Vote on the Motion that having considered public comment, I hereby move to adopt Resolution 5051. The motion passed 4-1. Deputy Mayor-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy: Disapprove Commissioner-Terry Cunningham:Approve 3. 07:13:42 PM (01:19:27) Decision on Protests Regarding Creation of Special Improvement District(SID) Number 745 and Adoption of Resolution 4893,Creation of Special Improvement District(SID) Number 745 for North Ferguson Avenue and West Oak Street (Sullivan) 7. a 07:14:05 PM (01:19:50)Staff Presentation City Attorney Greg Sullivan presented information to the commission to help them better understand where the process currently stands. He informed the commission they are currently in discussion at the hearing on looking at the protests that were filed by the property owner. He explained when they adjourned this back in August they had already accepted public comment and decided to adjourn the meeting to a future date. Mr. Sullivan gave his recommendation on the process. 07:21:31 PM (01:27:16) Point of Clarification Mayor Andrus asked CA Sullivan if the commission could take additional public comment. 07:22:07 PM (01:27:52)Question of Staff Page 6 of 13 Bozeman City Commission Meeting Minutes,April 22,2019 DM Mehl asked for clarification of the two roads. He asked about the waiver and method of assessment. He asked what would happen if we didn't charge the money. He asked about expected traffic. Cr. Pomeroy asked about the buy/sell agreement relative to the buyer paying for the street improvements. Cr. Krauss asked about the estimate of population usage on Oak and Ferguson. 07:30:44 PM (01:36:29)Staff Clarification City Engineer Bob Murray provided details of the range of population usage on Oak Street as well as Ferguson. 07:31:24 PM (01:37:09) Public Comment Mayor Andrus opened public comment. 07:31:29 PM (01:37:14)Marty Lambert,Public Comment Mr. Lambert reaffirmed the county's protest to the creation to SID 745. He talked about the waiver issue. 07:34:20 PM (01:40:05)Motion that the waiver included in the Annexation Agreement contained within the packet material for this agenda item includes the improvements for which this SID is being created, that the current property is bound by the waiver,and that based on the totality of the evidence in the record to overrule the property owner's protest. Commissioner-Jeff Krauss: Motion Commissioner-I-Ho Pomeroy: 2nd 07:34:45 PM (01:40:30) Discussion Cr. Krauss commented that the county bought property from a developer who waived their right to protest. He talked about a condition of annexation. Cr. Pomeroy commented when the county purchased the land,they accepted the conditions. Cr.Cunningham referenced the annexation agreement from Baxter Meadows. DM Mehl addressed three separate parts of the main motion as well as the coming second motion. Mayor Andrus commented that the county knew of the waiver and reiterated the stated language. 07:41:53 PM (01:47:38) Vote on the Motion that the waiver included in the Annexation Agreement contained within the packet material for this agenda item includes the improvements for which this SID is being created, that the current property is bound by the waiver, and that based on the totality of the evidence in the record to overrule the property owner's protest. The motion passed 5-0. Commissioner-Jeff Krauss: Motion Commissioner-I-Ho Pomeroy: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Page 7 of 13 Bozeman City Commission Meeting Minutes,April 22,2019 Commissioner-I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve 07:42:01 PM (01:47:46)Motion that after hearing all protests and public comment and finding the protest to be insufficient under law to bar further proceedings as provided for in Section 3 of the Resolution, and based on oral findings made by Commissioners during the Resolution of Intent and the two prior discussions on this Resolution and oral findings made this evening, along with evidence presented during the hearing on the Resolution of Intent and the two prior hearings on this Resolution,I hereby move to adopt Resolution 4893,creating Special Improvement District Number 745. Commissioner-Jeff Krauss: Motion Commissioner-I-Ho Pomeroy: 2nd 07:42:34 PM (01:48:19) Discussion Cr. Krauss commented that Gallatin County had years to address the road issues. He talked about negotiations over a long period of time. Cr. Pomeroy commented when the county got the land they agreed to improve the streets.She mentioned the protest is insufficient under law and will support this motion. Cr.Cunningham stated SID 745 is having benefit right now for the property owners. He commented it is safer and is currently improving public safety. DM Mehl supports the underlying and following motion. He agrees with the content of the memo and other rationale. He talked about three core issues of what local governments do. Mayor Andrus talked about fairness and safety, and commented the county knew this was coming. She further commented the improvements on this road make the area safer. Cr. Krauss talked about the method used to create SIDS and county RIDS. Cr.Cunningham pointed out that we try to avoid the absurd result of a situation where a Bozeman citizen would find themselves on both sides of litigation. He hopes this situation could be avoided. 08:00:36 PM (02:06:21) Vote on the Motion that after hearing all protests and public comment and finding the protest to be insufficient under law to bar further proceedings as provided for in Section 3 of the Resolution,and based on oral findings made by Commissioners during the Resolution of Intent and the two prior discussions on this Resolution and oral findings made this evening, along with evidence presented during the hearing on the Resolution of Intent and the two prior hearings on this Resolution, I hereby move to adopt Resolution 4893,creating Special Improvement District Number 745. The motion passed 5-0. Commissioner-Jeff Krauss: Motion Commissioner-I-Ho Pomeroy: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Page 8 of 13 Bozeman City Commission Meeting Minutes,April22,2019 Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve 08:00:46 PM (02:06:31) Recess Mayor Andrus called the commission into recess until 8:10 PM. 08:10:20 PM (02:16:05) Call to Order Mayor Andrus called the meeting back to order at 8:10 PM. 4. 08:10:27 PM (02:16:12) Resolution 5030,Approving a Project in the Northeast 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;Approving a Related Development Agreement; and Making a Reimbursement Declaration; Known as Cottonwood and Ida (Fine) .t5 08:11:00 PM (02:16:45)Staff Presentation Urban Renewal Program Manager David Fine presented the context of the Northeast Urban Renewal District and the conditions the district was created to address. He talked about the process of creating an urban renewal district. He outlined the proposed project and summarized the particular incentives and development agreement involved. 08:16:16 PM (02:22:01)Questions of Staff Cr. Cunningham asked about the expenditure of TIF dollars and the notion that if not for the TIF dollars it either would not be done or would result in an inferior product. DM Mehl asked when the discussion about how the advisory board voted would take place. 08:23:15 PM (02:29:00)Applicant Presentation Erik Nelson,with the Thinktank Design Group and representative for the development, presented the details of the proposed design for the Cottonwood and Ida project. He talked about infill development and site selection. He indicated a TIF was a metric for locating in an infill district lacking infrastructure. 08:32:23 PM (02:38:08) Questions of Applicant Cr.Cunningham asked if there was no$2M increment,what would happen to the project. 08:33:33 PM (02:39:18)Staff Clarifications Mr. Fine talked about the total project investment and incentives the applicant is requesting. He talked about nine principles of the Northeast Urban Renewal Plan, eight of which this project meets. He entered the staff report comments into the record. He reviewed eligible project costs,fiscal effects of the project and outlined the accomplishments of Resolution 5030. He stated the Northeast Urban Renewal Board has been engaging with this developer for the last 2-3 years and recommends adoption of the resolution. Page 9 of 13 Bozeman City Commission Meeting Minutes,April 22,2019 08:39:47 PM (02:45:32)Questions of Staff Cr. Pomeroy asked about total project costs. DM Mehl asked about compliance with state law requirements. Cr. Krauss asked if we've done a project in the Northeast Urban Renewal Board that has an ROL Mayor Andrus asked if the complete project would be built before any reimbursement. 08:43:45 PM (02:49:30) Public Comment There was no public comment. 08:44:00 PM (02:49:45)Motion that incorporating the information and findings in the staff memorandum to the City Commission,oral findings made by the Commission during the public hearing,information and findings contained in the proposed resolution, and after considering public comment,I hereby move to adopt Resolution 5030,amended to correct all references to the Eligible Costs of the Project in the Resolution and the Development Agreement attached as Exhibits A and C to .$2,129,215.68. Commissioner- I-Ho Pomeroy: Motion Commissioner-Terry Cunningham: 2nd 08:44:47 PM (02:50:32) Discussion Cr. Pomeroy stated this is a very ambitious plan and hopes it is successful. Cr.Cunningham agrees with the Northeast Urban Renewal District plan findings. DM Mehl supports the motion and agrees with previous comments. Cr. Krauss talked about conditions of blight and feedback from the legislature about TIFs. Mayor Andrus will support the resolution and thanked the applicant for his work over the years. 08:53:16 PM (02:59:01) Vote on the Motion that incorporating the information and findings in the staff memorandum to the City Commission,oral findings made by the Commission during the public hearing,information and findings contained in the proposed resolution,and after considering public comment,I hereby move to adopt Resolution 5030, amended to correct all references to the Eligible Costs of the Project in the Resolution and the Development Agreement attached as Exhibits A and C to $2,129,215.68. The motion passed 5-0. Commissioner-I-Ho Pomeroy: Motion Commissioner-Terry Cunningham: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve 5. 08:53:30 PM (02:59:15) Policy Discussion on Revisions to Resolution 4400,the City's 2012 Annexation Policy(Surratt) a Page 10 of 13 Bozeman City Commission Meeting Minutes,April 22,2019 08:53:49 PM (02:59:34)Staff Presentation CM Surrat opened the policy discussion and commented this has been a team effort.She presented the background of the annexation policy and existing practices. She pointed out this is a priority according to the strategic plan from 2018 and 2019 as well as the growth policy. She stated staff will ask for guidance and come back with a draft policy for the commission's final consideration. 09:06:10 PM (03:11:55)Commission Clarification Mayor Andrus asked for clarification regarding direction staff is seeking. 09:06:19 PM (03:12:04)Staff Clarification CM Surratt stated the guidance staff is seeking relative to amending the annexation policy and also whether the commission wants to move toward city-initiated annexation.Community Development Manager Chris Saunders further clarified guidance needed relative to amendments to the Municipal Code. 09:09:48 PM (03:15:33) Questions and Discussion The commission asked a series of questions related to specific elements of the annexation policy.CM Surratt,Community Development Manager Chris Saunders and CA Sullivan answered questions of the commission. 09:29:23 PM (03:35:08) Public Comment There was no public comment. 09:29:34 PM (03:35:19) Discussion Cr. Krauss supports cleaning up Part A and is opposed Part B. Cr. Pomeroy likes the direction. Cr.Cunningham thinks this is the direction we should be heading. DM Mehl agrees with what comes next and public input will be vital. He mentioned small group meetings and larger public discussions. He thinks this is a good first step. Mayor Andrus agrees that looking at city initiated annexation as we continue to grow is the right thing to do. She talked about the complexity of the time and effort it will take to accomplish this and being thoughtful in implementation. CM Surratt indicated this could be brought back in late summer after the work, as well as public engagement, is complete. Motion: No motion is required.Advertised as an action item so the Commission may provide direction as needed. 6. 09:36:51 PM (03:42:36)Appointment(s)to the Trails, Open Space and Parks Committee (TOP) (Sweeney) a 09:36:59 PM (03:42:44) Public Comment There was no public comment. Page 11 of 13 Bozeman City Commission Meeting Minutes,April22,2019 09:37:09 PM (03:42:54)Motion to appoint Don Beeman to the Public Health position with a term ending April 15,2022 and Tom Starner to the Real Estate position with a term ending April 15,2022 on the Trails, Open Space and Parks Committee. Commissioner-Jeff Krauss: Motion Deputy MaVor-Chris Mehl: 2nd 09:37:21 PM (03:43:06) Vote on the Motion to appoint Don Beeman to the Public Health position with a term ending April 15,2022, and Tom Starner to the Real Estate position with a term ending April 15, 2022 on the Trails, Open Space and Parks Committee. The motion passed 5-0. Commissioner-Jeff Krauss: Motion Deputy Mayor-Chris Mehl: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho PomeroV:Approve Commissioner-Terry Cunningham:Approve L. 09:37:31 PM (03:43:16) FYI/Discussion There was no further FYI. M. 09:37:38 PM (03:43:23)Adjournment Mayor Andrus adjourned the meeting at 9:37 PM. J Cynthia L.Andrus Mayor ATTEST: 7Q�•••.?�A_•, Robin Crough • ?? • '•9: City Clerk • (Ile Page 12 of 13 Bozeman City Commission Meeting Minutes,April22,2019 PREPARED BY: Brenda Sweeney Deputy City Clerk Approved on: 06M Page 13 of 13