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Home My WebLink About04-15-19 City Commission Minutes * r et? THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,April 15,2019 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 A. 05:59:56 PM (00:03:45)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. 06:00:08 PM (00:03:57) Pledge of Allegiance and a Moment of Silence C. 06:00:56 PM (00:04:45)Changes to the Agenda CM Surratt noted that the special presentation needs to be pulled and will be presented at a later night. D. 06:01:37 PM (00:05:26) FYI • Mayor Andrus stated that the Parking Commission will soon be looking at establishing parking districts, and noted upcoming meetings.She stated the City is looking to meet with the County in the next few months.She stated there will be upcoming joint meetings with the School District and ASMSU. • DM Mehl noted that the Zoning Commission is meeting tomorrow regarding the UDC updates. • Cr. Cunningham noted he will be testifying this week in Helena regarding public safety issues. • CM Surratt introduced the City's new Affordable Housing Manager Loren Olsen. E. 06:06:03 PM (00:09:52)Commission Disclosures There were no commission disclosures. Page 1 of 10 Bozeman City Commission Meeting Minutes,April 15,2019 F. 06:06:14 PM (00:10:03)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services(LaMeres) 'a 2. Authorize the City Manager to Sign an Overhead Electric Powerline Easement with Northwestern Corporation dba Northwestern Energy for the Trail Corridor Adjacent to New Hyalite View Subdivision (Gamradt) '17);P 3. Authorize the City Manager to Sign an Agreement with Central Excavation, Inc. for Construction of the BMX Park Storm Improvements(Mehrens) ':� p 4. Authorize the City Manager to Sign Amendment Number 1 to the Professional Services Agreement with LoganSimpson for Professional Services in Support of the Growth Policy Update(Saunders) L!; 5. Authorize the City Manager to Sign Amendment Number 1 to the Professional Services Agreement with Morrison-Maierle, Inc.for 2018-2021 Materials Testing(Gamradt) . 6. Ratify the City Manager's Signature on a Professional Services Agreement with Morrison- Maierle,Inc.for Engineering Services and Mitigation Management Services Related to Bogert Pavilion (Gray) a 7. Ordinance 2018 Final Adoption, Nexus Point Zone Map Amendment to Designate Approximately 20.18 Acres as R-O, Residential Office, Located at 3747 South 19th Avenue, Application 18449(Rosenberg)7L!; - 06:06:15 PM (00:10:04)City Manager Overview CM Surratt noted the highlights of the consent agenda. 06:07:19 PM (00:11:08) Public Comment There was no public comment. 06:07:36 PM (00:11:25)Motion and Vote to approve Consent Items 1-7 as submitted. 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 Pomeroy:Approve Commissioner-Terry Cunningham:Approve G. 06:07:52 PM (00:11.41) Public Comment Mayor Andrus opened public comment. 06:08:27 PM (00:12:16)Janice Wetstone Page 2 of 10 Bozeman City Commission Meeting Minutes,April 15,2019 Ms.Wetstone discussed pedestrian safety concerns in the Downtown Bozeman Improvement Plan. 06:11:37 PM (00:15:26)Chris Naumann Public Comment Mr. Naumann,speaking on behalf of the Downtown Urban Renewal District, noted support of Resolution 5031 for broadband. 06:12:54 PM (00:16:43)Andrew Hull Public Comment Mr. Hull also supports Resolution 5031 for broadband. 06:15:32 PM (00:19:21)Greg Metzger,Public Comment Mr. Metzger,with Bozeman Fiber, also supports Resolution 5031 for broadband. 1. Heather N ld, M al °Aentee, I)Fajeet Su n aFy I. 06:18:08 PM (00:21:57)Action Items 1. 06:18:12 PM (00:22:01)Continue the Public Hearing on 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 orTax 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,from April 15, 2019 to April 22, 2019(Fine) T C= 06:18:38 PM (00:22:27)Staff Presentation CM Surratt noted this was per request of the developer. 06:18:56 PM (00:22:45) Public Comment There was no public comment. 06:19:08 PM (00:22:57)Motion and Vote to continue the public hearing on Resolution 5030,from April 15,2019 to April 22,2019. The motion passed 5-0. Deputy Mayor-Chris Mehl: 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 Page 3 of 10 Bozeman City Commission Meeting Minutes,April 15,2019 2. 06:19:37 PM (00:23:26) Resolution 5005, a Growth Policy Amendment to Adopt the 2019 Downtown Bozeman Improvement Plan as a Neighborhood Plan Under the City's Growth Policy(Bozeman Community Plan),Application 18197(Saunders/Naumann)7L! 06:20:07 PM (00:23:56)Staff Presentation Community Development Manager Chris Saunders presented the history and process of the Downtown Plan,the plan boundary, plan coordination with other plans and work, boards and committee meetings, the community engagement process,growth policy amendment criteria in great detail,a summary of public comment received, recommendations and actions,and next steps. 06:37:03 PM (00:40:52)Questions of Staff Mayor Andrus asked how the Planning Department helps applicants navigate the multiple plans. Cr. Pomeroy asked about the lack of benches, and who they belong(ed)to.She asked about seasonal bikelanes.She asked about making Babcock and Mendenhall 2-ways.She asked about housing in and near downtown, and if this study encourages affordable housing.She asked about parking. DM Mehl asked if the Babcock bike lane proposal is in the Transportation Master Plan. Cr.Cunningham asked how this plan will inform the City's Capital Improvement Plan. Cr. Krauss asked if passing this makes this a regulatory document. He asked about inconsistencies with the current growth policy. He asked if any of the district wasn't zoned B-3. He asked about blended-rate parking. 07:01:37 PM (01:05:26)Applicant Presentation Chris Naumann, Executive Director of the Downtown Business Partnership, discussed the downtown district,the consultant team,the plan's alignment with other city plans,context of this plan in past and future downtown plans,the collaborative process,and the five themes of the plan (the heart of a thriving city, more than Main Street,walkable and accessible,welcoming to everyone,connected to nature and culture). He lastly discussed next steps. 07:17:29 PM (01:21:18)Questions of Applicant Mayor Andrus asked how much of this plan is new vs. present in previous plan.She asked about pedestrian safety. He asked about the implementation be prioritized to align with city plans and funding. Cr. Pomeroy asked about benches. Cr.Cunningham asked about activating alleys. He asked about designating cash-in-lieu for creek enhancement. He asked about road recommendations and parking, as well as through-truck traffic. He asked about a circulator/park-and-ride. He asked about raising height standards and affordability. Cr. Krauss asked how the DBID and DURB participated in the study. He asked about other non-traffic safety concerns.;He asked if any down-zoning was recommended. He asked where increased buildings of height and density would be. He asked about the fiscal ramifications of the plan. He asked about the boards' recommendations for the plan. DM Mehl asked about their consideration of the strategic plan. He asked about retail planning. Page 4 of 10 Bozeman City Commission Meeting Minutes,April15,2019 Cr. Krauss asked about downtown office space and longterm goals. Mayor Andrus asked the City Attorney to clarify if/how this document is a regulatory or guiding document. Mr. Saunders followed up regarding previous questions. 08:12:57 PM (02:16:46) Public Comment Mayor Andrus opened public comment. 08:13:19 PM (02:17:08)Dale Beland,Public Comment Mr. Beland expressed concerns with through truck traffic on Main Street. 08:16:34 PM (02:20:23)Chris Shada,Public Comment Mr.Shada spoke in favor of the plan and the process. 08:18:22 PM (02:22:11)Pamela Bryan,Public Comment Ms. Bryan, Chairperson of the Parking Commission, discussed the alignment with the 2016 Strategic Parking Plan. 08:20:11 PM (02:24:00)Daryl Schliem,Public Comment Mr.Schliem, Director of the Chamber of Commerce, expressed their support of the plan. 08:21:35 PM (02:25:24) Vassu Suditra,Public Comment Mr.Suditra expressed his support of the plan. 08:24:13 PM (02:28:02)David Weinstein Public Comment Mr.Weinstein expressed his support of the plan. 08:26:52 PM (02:30:41)Mark Epee,Public Comment Mr. Egge spoke highly of the quality of the plan. He discussed pieces he supports. 08:31:02 PM (02:34:51) Recess Mayor Andrus called the commission into recess for 5 minutes. 08:36:24 PM (02:40:13)Call to Order Mayor Andrus called the meeting back to order at 8:36 PM. 08:36:42 PM (02:40:31)Motion that having reviewed and considered the application materials,public comment, and all information presented,I hereby move to adopt the findings presented in the staff report and adopt Resolution 5005, adopting the Downtown Bozeman Improvement Plan as a growth policy amendment,application 18197. Commissioner-I-Ho Pomeroy: Motion Page 5 of 10 Bozeman City Commission Meeting Minutes,April 15,2019 Commissioner-Terry Cunningham: 2nd 08:39:33 PM (02:43:22)Amendment to the Motion that the Downtown should create its own separate overlay district separate from the NCOD. Deputy Mayor-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd 08:39:42 PM (02:43:31) Discussion Cr. Krauss discussed his support of the amendment in detail. DM Mehl discussed the relation to the NCOD. Cr. Pomeroy does not support the amendment. Cr.Cunningham doesn't think the NCOD discussion downzoned. Mayor Andrus does not support the amendment. Cr. Krauss stated that he pulled the text out of the written and adopted NCOD document. DM Mehl discussed that this is a broadly-written sentence. 08:55:16 PM (02:59:05) Vote on the Amendment to the Motion that the Downtown should create its own separate overlay district separate from the NCOD. The amendment failed 1-4. Deputy Mayor-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd Mayor-Cynthia Andrus: Disapprove Deputy Mayor-Chris Mehl: Disapprove Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy: Disapprove Commissioner-Terry Cunningham: Disapprove 08:55:43 PM (02:59:32) Discussion Cr.Cunningham discussed concern on page 164 with an either/or statement in number 11 and asked for clarification. Mr.Saunders clarified. 09:01:37 PM (03:05:26)Amendment to the Motion that in section 11,eliminate option 1 from the recommended code language. Commissioner-Terry Cunningham: Motion Deputy Mayor-Chris Mehl: 2nd 09:02:06 PM (03:05:55) Discussion Cr. Krauss asked about the intent of the motion in regards to parking. Mayor Andrus stated that everything needs to be on the table in regards to parking. The commission discussed the intent of the broad language. Mr. Naumann clarified the suggested Page 6 of 10 Bozeman City Commission Meeting Minutes,April 15,2019 parking requirement changes considered at another time. 09:05:53 PM (03:09:42) Vote on the Amendment to the Motion that in section 11,eliminate option 1 from the recommended code language. The amendment passed 5-0. 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:Approve Commissioner-Terry Cunningham:Approve 09:06:20 PM (03:10:09) Discussion on Main Motion Cr. Pomeroy supports the plan. Cr.Cunningham discussed bike transportation, parking, and other pieces he supports. Cr. Krauss discussed creating inconsistencies, infrastructure needs this will cause, and concerns in general. DM Mehl discussed his reasons of support for the plan. Mayor Andrus agrees with the staff analysis and findings in the report, and supports the process. 09:34:38 PM (03:38:27) Vote on the Motion as Amended that having reviewed and considered the application materials,public comment,and all information presented,I hereby move to adopt the findings presented in the staff report and adopt Resolution 5005,adopting the Downtown Bozeman Improvement Plan as a growth policy amendment,application 18197,and that in section 11,eliminate option 1 from the recommended code language. The motion passed 4-1. Commissioner- I-Ho Pomeroy: Motion Commissioner-Terry Cunningham:2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss: Disapprove Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve 3. 09:35:01 PM (03:38:50)Water and Wastewater Rate Study Final Report(Donald) fi 09:35:28 PM (03:39:17)Staff Presentation Finance Director Kristin Donald introduced Shawn Gaddie with AE2S. He discussed utility rate policy direction,the conservation based water rate design,anticipated bill impacts,drought rates and reserves, other reserve policies and targets, cost of service analysis,forecasted revenue requirements, and Page 7 of 10 Bozeman City Commission Meeting Minutes,April 15,2019 forecasted revenue adequacy. 09:59:37 PM (04:03:26) Meeting Extended Mayor Andrus extended the meeting to 11:00 PM. 09:59:41 PM (04:03:30) Presentation Continued He summarized the recommendations. 10:02:24 PM (04:06:13)Questions of Staff Cr.Cunningham asked for comparisons with alternative 3. Cr. Krauss asked if what was presented was the rate payers'share. Cr. Pomeroy asked what structure encouraged the greatest conservation. Mayor Andrus asked staff about billing. 10:08:21 PM (04:12:10) Public Comment There was no public comment. 10:08:32 PM (04:12:21)Motion to adopt the rate model for inclusion in the budget and rate setting. Commissioner-Terry Cunningham: Motion Commissioner-Jeff Krauss: 2nd 10:08:39 PM (04:12:28) Discussion Cr.Cunningham discussed the importance of conservation. Cr. Krauss discussed that this is a large increase. DM Mehl agrees with the selection of the alternative picked. Mayor Andrus supports the plan. Cr. Pomeroy discussed the importance of water conservation. 10:17:59 PM (04:21:48) Vote on the Motion to adopt the rate model for inclusion in the budget and rate setting. The motion passed 5-0. Commissioner-Terry Cunningham: Motion Commissioner-Jeff Krauss: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve 4. 10:19:01 PM (04:22:50) Resolution 5031, Declaring Broadband as Essential Infrastructure in Page 8 of 10 Bozeman City Commission Meeting Minutes,April 15,2019 the City of Bozeman (Fontenot) ! 10:19:18 PM (04:23:07)Staff Presentation Economic Development Director Brit Fontenot discussed the history of this issue,why broadband is essential infrastructure, goals of the resolution,strategic plan alignments,and economic development plan alignments. 10:28:12 PM (04:32:01)Questions of Staff Cr. Krauss asked the difference between fiber and 5G. DM Mehl asked if the City provide end-user service, and what infrastructure this includes. Cr. Pomeroy asked how we can encourage this without spending taxpayer money,and if we have a high- speed backbone. Cr. Cunningham asked about incorporating home-based businesses. Mayor Andrus asked City Engineer Shawn Kohtz about the larger process,asked Strategic Services Director Jon Henderson about future mapping,and asked Assistant City Manager Anna Rosenberry if this would work as an enterprise fund. 10:41:45 PM (04:45:34) Public Comment Mayor Andrus opened public comment. 10:41:57 PM (04:45:46)Daryl Schliem, Public Comment Mr.Schliem expressed support for the resolution for a number of reasons. 10:43:53 PM (04:47:42)Motion to adopt Resolution 5031,Declaring Broadband as Essential Infrastructure in the City of Bozeman. Commissioner-Jeff Krauss: Motion Deputy Mayor-Chris Mehl: 2nd 10:44:03 PM (04:47:52) Discussion Cr. Krauss is skeptical of the use for everyone, beyond just institutions. DM Mehl agrees that broadband is essential. Cr. Pomeroy also agrees that broadband is essential infrastructure. Cr. Cunningham this is important to set this as a priority,as it's important. Mayor Andrus stated the broadband should eventually also be managed as a utility. 10:55:08 PM (04:58:57) Vote on the Motion to adopt Resolution 5031,Declaring Broadband as Essential Infrastructure in the City of Bozeman. Commissioner-Jeff Krauss: Motion Deputy Mayor-Chris Mehl: 2nd Page 9 of 10 Bozeman City Commission Meeting Minutes,April 15,2019 Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve J. 10:55:22 PM (04:59:11) FYI/Discussion • Cr. Krauss stated he'd like to hear the safety statistics from the Police Chief referenced earlier this evening. K. 10:55:59 PM (04:59:48)Adjournment Mayor Andrus adjourned the meeting at 10:55 PM. Cynt is L.Andrus Mayor ATTEST: �t�cJr>r `',, S 02' a * "`,� • -� +. U■ 'u �. • * Robin Crough * ��~ J _ "•�¢' • City Clerk '9•' V -1883 • � . r10 PREPARED BY: Robin Crough City Clerk Approved on:NI Page 10 of 10