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Home My WebLink About12-02-19 City Commission Minutes Bozo c� �x t Co.'W THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, December 02,2019 Mayor-Cynthia Andrus: Present Deputy Mayor-Chris Mehl: Present Commissioner-Jeff Krauss: Present Commissioner- I-Ho Pomeroy: Present Commissioner-TerrV Cunningham: Present Staff Present at the Dais:Assistant City Manager(ACM)Anna Rosenberry, City Attorney(CA) Greg Sullivan, City Clerk Robin Crough A. 05:56:54 PM (00:01:47)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. 05:56:58 PM (00:01:51) Pledge of Allegiance and a Moment of Silence C. 05:57:51 PM (00:02:44)Changes to the Agenda ACM Rosenberry requested to pull Consent Items 3 and 5 for discussion. Mayor Andrus moved them to the action agenda. D. 05:58:16 PM (00:03:09) FYI • Cr. Pomeroy stated she will be gone for the next two Monday meetings,and thanked Cr. Krauss for his 16 years of service. • DM Mehl stated there will be a Community Plan open house, and Planning Board meeting tomorrow, and noted a neighborhood gathering on Thursday. E. 05:59:54 PM (00:04:47)Commission Disclosures There were no commission disclosures. F. 06:00:02 PM (00:04:55)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)r' a Page 1 of 13 Bozeman City Commission Meeting Minutes,December 2,2019 2. Adopt the Fire Equipment and Capital Replacement Fund Capital Improvement Plan (CIP)for Fiscal Years 2021-2025 (Donald), a 3. Adept the PaFkiRg Fund Cap.tal ImpFavement WaR (CIP) fA-.r FiScial Year-5 2021 2025 (DE)nald) ~ a MOVED TO ACTION ITEMS 4. Adopt the Public Works Administration Internal Service Fund Capital Improvement Plan (CIP) for Fiscal Years 2021-2025 (Donald)"1 0 5. Adept the Water Fund Capital ImpFavement PlaH (CIP)fer Fisr_-al Years 2021 2025(DGAa4d�'� 0 MOVED TO ACTION ITEMS 6. Authorize the Mayor to Sign the Findings of Fact and Order for the South University District Phase 3 Major Subdivision,Application 19090(Quasi-Judicial) (Krueger)07 CZ 7. Authorize the City Manager to Sign a Utility Easement with Bridger Orthopedic for the Laramie Drive Development Project(Application 19392)on Laramie Drive (Lehigh)O'�G 8. Ordinance 2035 Final Adoption,Floweree Zone Map Amendment to Designate Approximately 19.8 Acres from BP, Business Park, to B-2, Community Business District, Application 19279 (Saunders),- a 9. Ordinance 2036 Final Adoption, Billings Clinic Zone Map Amendment for a Portion of an Existing Lot Consisting of Approximately 16.80 Acres / 731,808 Square Feet from R-O, Residential Office,to B-2, Community Commercial,Application 19265 (Rosenberg)^ a 06:00:13 PM (00:05:06) Public Comment There was no public comment. 06:00:31 PM (00:05:24)Motion and Vote to approve Consent Items 1,2,4, and 6-9 as submitted. The motion passed 5-0. Commissioner- I-Ho Pomeroy: 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 G. 06:00:51 PM (00:05:44) Public Comment Mayor Andrus opened public comment. 06:01:40 PM (00:06:33)Marilee Brown, Public Comment Ms. Brown discussed short-term rentals. 06:04:29 PM (00:09:22)Betty Stroke, Public Comment Ms.Stroke discussed a potential pathway along the Frontage Road. Page 2 of 13 Bozeman City Commission Meeting Minutes,December 2,2019 06:07:12 PM (00:12:05)Paul Nickerson, Public Comment Mr. Nickerson discussed the service level provided by Planning and Building. 06:08:41 PM (00:13:34) Marjorie Smith, Public Comment Ms.Smith discussed her appreciation of the commission accepting Peets Hill, and other good things the commission has done. 06:11:07 PM (00:16:00)Dick Dolan, Public Comment Mr. Dolan commented on the Trust for Public Land's support of a Parks and Trails District. H. 06:12:28 PM (00:17:21)Special Presentations 1. 06:12:44 PM (00:17:37)Short Term Rental Update(Winn) Assistant City Manager Chuck Winn provided an update on the City's short term rental program. He discussed the background, rental statistics then and now, compliance, fees, revenue snapshot, and fire inspections. 06:20:09 PM (00:25:02) Questions of Staff Cr. Pomeroy asked how enforcement works. Cr. Krauss asked how the complaint process works. DM Mehl asked if we're covering the costing, requirements, and new rentals. Cr. Cunningham asked about STR compliance requirements. Mayor Andrus stated the website may not be as clear as it could be. 2. 06:27:45 PM (00:32:38) Update on Growth Policy Process (Saunders) Community Development Manager Chris Saunders introduced the growth policy planning process and what the plan will do,the content of the plan, and next steps. 06:36:55 PM (00:41:48) Questions of Staff Mayor Andrus clarified that the commission cannot weigh in on the plan at this point. Cr. Krauss asked why the commission isn't listed as a stakeholder in the process. DM Mehl discussed the opportunities for the commission to guide, and clarified the plan boundaries. Cr. Cunningham asked if the other citizen advisory boards or partners are asked for input. Cr. Krauss asked about the service area boundary, and working with MSU. He asked questions about the plan in great detail. DM Mehl said there may be more frequent updates before the commission. I. 06:57:23 PM (01:02:16)Action Items Consent Item 3. 06:57:30 PM (01:02:23)Adopt the Parking Fund Capital Improvement Plan (CIP) for Fiscal Years 2021-2025 (Donald)~ a Page 3 of 13 Bozeman City Commission Meeting Minutes,December 2,2019 06:57:46 PM (01:02:39) Questions of Staff Cr. Krauss asked where acquisition of new parking in this document. Economic Development Director Brit Fontenot answered and discussed a parking benefit district. DM Mehl asked about a small amount listed, and asked about future structured parking. 07:04:02 PM (01:08:55) Public Comment There was no public comment. 07:04:16 PM (01:09:09)Motion to adopt the Parking Fund Capital Improvement Plan(CIP)for Fiscal Years 2021-2025. Commissioner-Jeff Krauss: Motion Deputy Mayor-Chris Mehl: 2nd 07:04:34 PM (01:09:27) Discussion Cr. Krauss stated the City will have a role in creating more parking in the future. 07:07:30 PM (01:12:23) Vote on the Motion to adopt the Parking Fund Capital Improvement Plan(CIP) for Fiscal Years 2021-2025. 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 Consent Item 5. 07:07:43 PM (01:12:36) Adopt the Water Fund Capital Improvement Plan (CIP) for Fiscal Years 2021-2025 (Donald)~ a 07:08:03 PM (01:12:56)Questions of Staff Cr. Krauss asked how this CIP encouraged infill. City Engineer Shawn Kohtz answered in detail. 07:15:45 PM (01:20:38) Public Comment There was no public comment. 07:16:02 PM (01:20:55)Motion to adopt the Water Fund Capital Improvement Plan(CIP)for Fiscal Years 2021-2025. Page 4 of 13 Bozeman City Commission Meeting Minutes,December 2,2019 Deputy MaVor-Chris Mehl: Motion Commissioner-Terry Cunningham: 2nd 07:16:11 PM (01:21:04) Discussion DM Mehl stated this is straight-forward. Cr. Krauss discussed the importance of tying this to street replacement. 07:16:51 PM (01:21:44) Vote on the Motion to adopt the Water Fund Capital Improvement Plan(CIP) for Fiscal Years 2021-2025. The motion passed 5-0. Deputy MaVor-Chris Mehl: Motion Commissioner-TerrV Cunningham: 2nd MaVor-Cynthia Andrus:Approve DeputV MaVor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy: Approve Commissioner-Terry Cunningham:Approve 1. 07:17:03 PM (01:21:56) Resolution 5107, Modification of Special Improvement Lighting District (SILD) Number 736 for The Crossing 2 at Baxter Meadows Phases 4F, 4G, and 4H (Donald) ' a 07:17:27 PM (01:22:20)Staff Presentation Finance Director Donald discussed the fixtures to be installed in the modified district, estimated assessments,and no public comment has been received. 07:18:21 PM (01:23:14)Questions of Staff Cr. Cunningham asked about the lighting types and wattage. City Engineer Shawn Kohtz responded. Cr. Krauss asked how we are controlling for light trespass. DM Mehl asked why we keep doing these while we are doing a study, and about light replacement in detail. Cr. Krauss asked if the SILD creation on final plat is a city requirement. 07:30:54 PM (01:35:47) Public Comment There was no public comment. 07:31:05 PM (01:35:58)Motion to adopt Resolution 5107,Modification of Special Improvement Lighting District Number 736 for The Crossing 2 at Baxter Meadows Phases 4F,4G, and 4H. Commissioner-TerrV Cunningham: Motion Commissioner- I-Ho Pomeroy: 2nd Page 5 of 13 Bozeman City Commission Meeting Minutes,December 2,2019 07:31:24 PM (01:36:17) Discussion Cr. Cunningham will vote in favor. Cr. Pomeroy supports the motion since it's a requirement. Cr. Krauss will not support until we figure out how to do lighting as a city. DM Mehl discussed the study and simultaneously approving SILDs. 07:38:10 PM (01:43:03) Vote on the Motion to adopt Resolution 5107,Modification of Special Improvement Lighting District Number 736 for The Crossing 2 at Baxter Meadows Phases 4F,4G,and 4H. The motion passed 4-1. Commissioner-TerryCunningham: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss: Disapprove Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve 07:38:23 PM (01:43:16) Recess Mayor Andrus called the commission into recess until 7:50 PM. 07:47:01 PM (01:51:54)Call to Order Mayor Andrus called the meeting back to order at 7:50 PM. 2. 07:47:07 PM (01:52:00) Wastewater Fund Capital Improvement Plan (CIP) for Fiscal Years 2021-2025 (Donald)0 a and 3. Wastewater Impact Fee Fund Capital Improvement Plan (CIP) for Fiscal Years 2021-2025 (Donald) ~ G 07:49:04 PM (01:53:57)Staff Presentation Finance Director Donald discussed the Wastewater Fund revenue, projects, and highlights.She discussed the Wastewater Impact Fee fund, revenue, projects, debt, and City Engineer Kohtz discussed the highlights and requests. Director Donald discussed some concerns of the Impact Fee Committee (I FAC). 07:59:24 PM (02:04:17)Questions of Staff Cr. Pomeroy asked about the area/location of a pipe replacement project, how is this funded,and is there any other way to fund this.She asked about Building Inspection hours.She asked about the plan for unscheduled items. Page 6 of 13 Bozeman City Commission Meeting Minutes,December 2,2019 Cr. Krauss asked about level of service mapping. DM Mehl asked about disseminating and displaying information and future improvements. Cr. Cunningham asked about Riverside, and other projects in detail. Mayor Andrus asked about working with the County on wastewater and the prioritizing of certain projects. Cr. Krauss asked about additional development in North 7th and the TIF's contributions. 08:36:13 PM (02:41:06) Public Comment on Wastewater Fund CIP Mayor Andrus opened public comment. 08:36:27 PM (02:41:20)Marilee Brown, Public Comment Ms. Brown discussed funding safe pathways on the WRF property. 08:39:08 PM (02:44:01)Motion to adopt the Wastewater Fund Capital Improvement Plan for Fiscal Years 2021-2025. Commissioner-I-Ho Pomeroy: Motion Commissioner-Jeff Krauss: 2nd 08:39:23 PM (02:44:16) Discussion Cr. Pomeroy discussed the services the City needs to provide. Cr. Krauss supports the motion and discussed infill works projects. DM Mehl discussed his support. Cr. Cunningham discussed future shock in this fund and plan. Mayor Andrus appreciated the presentation and discussed working with partners. 08:49:00 PM (02:53:53) Vote on the Motion to adopt the Wastewater Fund Capital Improvement Plan for Fiscal Years 2021-2025. The motion passed 5-0. Commissioner- I-Ho Pomeroy: Motion Commissioner-Jeff Krauss: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner-1-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve 08:49:08 PM (02:54:01) Public Comment on Wastewater Impact Fee Fund CIP There was no public comment. 08:49:28 PM (02:54:21)Motion to adopt the Wastewater Impact Fee Fund Capital Improvement Plan for Fiscal Years 2021-2025. Page 7 of 13 Bozeman City Commission Meeting Minutes,December 2,2019 Commissioner-Jeff Krauss: Motion Deputy Mayor-Chris Mehl: 2nd 08:49:39 PM (02:54:32) Discussion Cr. Krauss discussed past rate increases and history. DM Mehl discussed that this was an appropriate prioritization. Cr. Cunningham stated support. Cr. Pomeroy discussed the need portrayed in this CIP. Mayor Andrus reiterated her desire to work with the County. 08:54:00 PM (02:58:53) Vote on the Motion to adopt the Wastewater Impact Fee Fund Capital Improvement Plan for Fiscal Years 2021-2025. The motion passed 5-0. Commissioner-Jeff Krauss: Motion Deputy Mayor-Chris Mehl: 2nd Mayor-Cynthia Andrus:Approve Duty Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve 4. 08:54:12 PM (02:59:05) Water Impact Fee Fund Capital Improvement Plan (CIP) for Fiscal Years 2021-2025 (Donald), a 08:54:27 PM (02:59:20)Staff Presentation Finance Director Donald discussed the major project highlights underway,estimated debt schedule, future highlights, and IFAC recommendation. 09:02:20 PM (03:07:13)Questions of Staff DM Mehl asked if there is documentation regarding the Nelson Meadows request and public outreach. Cr. Cunningham asked about projects and water rights. Cr. Pomeroy asked about Bozeman's water system. 09:11:18 PM (03:16:11) Public Comment There was no public comment. 09:11:30 PM (03:16:23)Motion to adopt the Water Impact Fee Fund Capital Improvement Plan for Fiscal Years 2021-2025. Deputy Mayor-Chris Mehl: Motion Page 8 of 13 Bozeman City Commission Meeting Minutes,December 2,2019 Commissioner-Terry Cunningham: 2nd 09:11:41 PM (03:16:34) Discussion DM Mehl discussed his support of the plan. Cr. Cunningham also supports the plan. Cr. Pomeroy discussed continuing the level of service for water. Mayor Andrus supports the plan. 09:14:18 PM (03:19:11) Vote on the Motion to adopt the Water Impact Fee Fund Capital Improvement Plan for Fiscal Years 2021-2025. The motion passed 4-1. Deputy Mayor-Chris Mehl: 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 5. 09:14:31 PM (03:19:24) Library Depreciation Fund Capital Improvement Plan (CIP) for Fiscal Years 2021-2025 and Fiscal Year 2020 Project Changes as Presented (Donald)~ a 09:15:17 PM (03:20:10)Staff Presentation Finance Director Donald presented the financial plan and projects. 09:19:06 PM (03:23:59) Questions of Staff Cr. Cunningham asked about the parking lot repairs. Cr. Pomeroy asked about library customer numbers. DM Mehl asked if parking will be done in one phase. Mayor Andrus asked about the price increase with the conveyer belt. 09:25:35 PM (03:30:28) Public Comment There was no public comment. 09:25:43 PM (03:30:36)Motion to adopt the Library Depreciation Fund Capital Improvement Plan for Fiscal Years 2021-2025 and Fiscal Year 2020 project changes as presented. Commissioner-Terry Cunningham: Motion Commissioner- I-Ho Pomeroy: 2nd 09:25:57 PM (03:30:50) Discussion Page 9 of 13 Bozeman City Commission Meeting Minutes,December 2,2019 Cr. Cunningham discussed the needs of this CIP. Cr. Pomeroy discussed her support of the motion. DM Mehl discussed investing in meaningful projects. Mayor Andrus discussed her support. 09:27:47 PM (03:32:40) Vote on the Motion to adopt the Library Depreciation Fund Capital Improvement Plan for Fiscal Years 2021-2025 and Fiscal Year 2020 project changes as presented. The motion passed 5-0. Commissioner-Terry Cunningham: 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 6. 09:28:00 PM (03:32:53) Resolution 5053, Submitting the Question of Creation of a City-wide Parks and Trails Special District to the Voters on May 5, 2020 (Sullivan), a 09:28:24 PM (03:33:17)Staff Presentation City Attorney Sullivan discussed the content of the resolution,the procedural background, assessment methodology, options for date of election, next steps, and amended ballot language. 09:38:08 PM (03:43:01) Questions of Staff DM Mehl asked for clarification on the election dates. Cr.Cunningham asked about the costs of both options,and timing an education campaign. Mayor Andrus asked if the City gets to decide when to hold a special election. Cr. Krauss asked how the electors get notified of an election, and about ownership details. 09:48:52 PM (03:53:45) Public Comment There was no public comment. 09:49:11 PM (03:54:04)Motion to adopt Resolution 5053 submitting to the voters on May 5,2020, a referendum on creation of the Parks and Trails Special District and amend Section 9 as provided for in the City Attorney's Memorandum dated December 2,2019. Commissioner- I-Ho Pomeroy: Motion Commissioner-Jeff Krauss: 2nd 09:49:44 PM (03:54:37) Discussion Page 10 of 13 Bozeman City Commission Meeting Minutes,December 2,2019 Cr. Pomeroy supports the motion. Cr. Krauss does not support the motion. DM Mehl discussed a potential amendment. 09:52:30 PM (03:57:23)Amendment to the Motion to amend the parenthetical language to read'By voting yes,you support creating a Parks and Trails Special District to maintain and improve city- owned or managed parks, open space, and trails;authorizing an annual City assessment for items such as personnel,supplies, equipment,park-related facilities, and related matters under the responsibility and care of the City of Bozeman Parks and Recreation Department. Deputy Mayor-Chris Mehl: Motion Commissioner-Terry Cunningham: 2nd 09:53:03 PM (03:57:56) Discussion DM Mehl discussed the necessity of adding clarity. Cr. Cunningham deferred to the City Attorney if this is appropriate. 09:56:38 PM (04:01:31) Meeting Extended Mayor Andrus extended the meeting to 10:15 PM. 09:58:24 PM (04:03:17) Discussion Continued Cr. Krauss discussed missing pieces of the amendment. DM Mehl discussed that this came from public feedback. He discussed further wordsmithing of the amendment. Cr. Cunningham discussed the importance of brevity, and asked CA Sullivan's opinion. Mayor Andrus will not support it since the City hasn't had opportunity to vet the new language. Cr. Pomeroy will not support the motion. DM Mehl stated this was as much as he could do in a timely manner. Cr. Krauss stated this buries the lead, and does not support the amendment. 10:11:52 PM (04:16:45) Meeting Extended Mayor Andrus extended the meeting to 10:30 PM. 10:12:01 PM (04:16:54) Discussion Continued Cr. Cunningham asked if this could be adopted pending legal review. DM Mehl discussed the amendment. 10:15:05 PM (04:19:58) Vote on the Amendment to the Motion to amend the parenthetical language to read"By voting yes,you support creating a Parks and Trails Special District to maintain and improve city-owned or managed parks, open space, and trails;authorizing an annual City assessment for items such as personnel,supplies, equipment,park-related facilities, and related matters under the responsibility and care of the City of Bozeman Parks and Recreation Department. The amendment Page 11 of 13 Bozeman City Commission Meeting Minutes,December 2,2019 ailed 2-3- Deputy Mayor-Chris Mehl: Motion Commissioner-Terry Cunningham: 2nd Mayor-Cynthia Andrus: Disapprove Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss: Disapprove Commissioner- I-Ho Pomeroy: Disapprove Commissioner-Terry Cunningham:Approve 10:15:22 PM (04:20:15) Discussion on the Main Motion Continued DM Mehl does not think this language will pass. Cr.Cunningham doesn't think the current language is a detriment to success. Mayor Andrus supports the motion and the language is clear. 10:17:51 PM (04:22:44) Vote on the Motion to adopt Resolution 5053 submitting to the voters on May 5,2020, a referendum on creation of the Parks and Trails Special District and amend Section 9 as provided for in the City Attorney's Memorandum dated December 2,2019. The motion passed 3-2. Commissioner- I-Ho Pomeroy: Motion Commissioner-Jeff Krauss: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl: Disapprove Commissioner-Jeff Krauss: Disapprove Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve J. 10:18:07 PM (04:23:00) FYI/Discussion • Cr. Krauss asked if there is a street light going in at Nelson and Frontage. Cr. Cunningham asked further about the Nelson Meadows project. K. 10:19:56 PM (04:24:49)Adjournment Mayor Andrus adjourned the meeting at 10:23 PM. Chris Mehl Mayor Page 12 of 13 Bozeman City Commission Meeting Minutes,December 2,2019 ATTEST: 4 of J ,,tip • . . . .• O�, Y fl �1' � • ^ l `V`V� 9]]: JR` .• '; Mike Maas �F��• .� • Interim City Clerk c° nroN"1 P� PREPARED BY: N Za Robin Crough City Clerk Approved on: �04-1 very Page 13 of 13