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HomeMy WebLinkAbout08-18-2014 Archive Minutes, City Commission k CO,is THE CITY COMMISSION MEETING OF BOZEMAN,MONTANA MINUTES Monday,August 18,2014 Mayor-Jeff Krauss: Present Deputy Mayor- Carson Taylor: Present Commissioner-Chris Mehl: Present Commissioner- Cynthia Andrus: Present Commissioner- I-Ho Pomeroy: Present Staff Present: City Manager Chris Kukulski, City Attorneys Greg Sullivan and Tim Cooper and City Clerk, Stacy Ulmen. Table of Contents -L=a A. 06:02:25 PM Call to Order—6 p.m.—Commission Room, City Hall, 121 North Rouse Mayor Krauss called the meeting to order at 6:02 p.m. B. 06:02:30 PM Pledge of Allegiance and a Moment of Silence C. 06:03:25 PM Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the Agenda. Mr. Kukulski stated no. D. 06:03:30 PM Minutes—July 28,2014 t'a and August 4, 2014 a 06:03:35 PM Motion and Vote to approve the minutes of July 28, 2014 and August 4, 2014 as submitted. Commissioner- Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 2nd Mayor-Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve Page 1 of 9 Bozeman City Commission Minutes, August 18, 2014 E. 06:03:47 PM Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) a 2. Emergency Management and Hazardous Materials Interlocal Agreement (Shrauger) t'a 06:03:49 PM Public Comment on the Consent Agenda Mayor Krauss opened public comment on the Consent agenda. No person commented. Mayor Krauss closed public comment. 06:04:07 PM Motion and Vote to approve Consent Items G. 1 & 2 as submitted. Commissioner-I-Ho Pomeroy: Motion Deputy Mayor- Carson Taylor: 2nd Mayor-Jeff Krauss: Approve Deputy Mayor- Carson Ta 1pprove Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve F. 06:04:31 PM Public Comment Mayor Krauss opened general public comment. 06:05:06 PM Greg Metzger,Public Comment Mr. Metzger spoke regarding the impact fees and infrastructure related to Action Item 2. We already have a premier plant so why create another when we have that one? It will be great to be part of the City's system. The 5 year plan of annexation is challenging. 06:08:20 PM Diane Click Public Comment Ms. Click stated that annexation is paramount for the Riverside community. She supports a 10 year minimum annexation time into the City. 06:10:36 PM Joe Gutkoski,Public Comment Mr. Gutkoski stated that Bozeman's water and sewer is superb. He urged that there is a need for the Riverside community to get on the sewage system. He spoke regarding living in pollution and prior experience with this. 06:15:02 PM Pat Jacobs,Public Comment Ms. Jacobs spoke regarding her interest in the Bozeman Historic Preservation Advisory Board, her interest in purchasing property in Riverside and off campus housing. 06:19:10 PM Public Comment closed. Mayor Krauss closed public comment. Page 2 of 9 Bozeman City Commission Minutes, August 18, 2014 G. Action Items 1. 06:19:35 PM Proposed Interlocal Agreement with Riverside Water and Sewer Districts (Kukulski)Ma 06:19:40 PM Staff Presentation City Manager Chris Kukulski gave the staff presentation for the proposed Interlocal Agreement with Riverside Water and Sewer Districts. 06:31:19 PM David King, Manager of Riverside Water and Sewer District Mr. King gave the presentation on behalf of the Riverside community. Hooking into the City facility is a good plan. It makes good sense to not build a new plant so close to the new City upgraded plant. It is also good for the environment. There are some concerns of annexation. Some people like to be outside the City. The Board thought that a deferred annexation may work. Change is difficult. He urged the Commission to approve the interlocal agreement as written with a 10 year timeline. 06:36:30 PM Public Comment Mayor Krauss opened public comment. 06:36:42 PM Harry Murphy,Public Comment Mr. Murphy stated that he has been in the community 25 years. He walks the neighborhood. The greatest concern he is hearing is what is going to happen to property taxes. Economically it makes the most sense. Ecologically it makes sense as well. Love the rural atmosphere of the neighborhood. He doesn't want that to change. 06:39:57 PM Tom Shea,Public Comment Mr. Shea president of the Board of Directors of Riverside Water and Sewer District stated that this is a good thing for all parties involved. City Manager Kukulski made it clear that nothing can happen without annexation. He spoke regarding the deferral. As a board they may get the approval at a 10 year timeframe. 06:43:18 PM Shawn Martial Pride,Public Comment Mr. Martial stated that he has three properties in the area. He spoke regarding rental rates and concerns with having to raise them if the community builds their own facility. He hopes we can go with the 10 year deferment. 06:45:20 PM Robert Hathaway,Public Comment Mr. Hathaway said that he does not see a downside to this. It is a win-win for both parties involved. 06:47:14 PM Debbie Martial Pride,Public Comment Ms. Pride spoke regarding younger families, and struggles with living in Bozeman. It is an expensive place to live. She would really appreciate the 10 year annexation timeframe. Page 3 of 9 Bozeman City Commission Minutes,August 18, 2014 06:49:00 PM Gene Gains,Public Comment Mr. Gains stated that he is a new resident and would have no problem being a citizen of Bozeman. He is convinced that we have a group of residents that will be difficult to persuade that this needs to be done. This is an established community and many are set in their ways. 06:51:31 PM Bill Amandero,Public Comment Mr. Amandero is concerned that 50% of the people will make the wrong decision. We need the City to work with us so we get the best result. He supports the 10 year proposal. 06:53:16 PM Al Geisler,Public Comment Mr. Geisler stated that community members just found out about the 5 year timeframe thus the reason people are here tonight. In all of the prior City correspondence, nowhere does it mention the 5 year recommendation. He spoke regarding prior correspondence. The 10 year thing has crept in. 06:55:55 PM Public Comment Closed. Mayor Krauss closed public comment. 06:56:07 PM Commission questions for Staff The Commission and staff discussed current standards for annexation timing, areas in the county that currently receive City services, what may occur if annexation is not supported by the Riverside community, the time frame of the proposed annexation delay, sidewalk constructions, special improvement districts, emergency response time, monitoring of the river, the proposed costs as provided by the Riverside Engineer and the City estimates and the tax estimates based upon those figures. 07:44:27 PM Motion that having considered public comment and the information presented by staff,I hereby move to authorize the City Manager to execute the Interlocal Agreement for Wastewater Treatment Services with Riverside County Water and Sewer District No. 310 with the annexation taking place on July 1, 2020. Deputy Mayor- Carson Taylor: Motion Commissioner- Cynthia Andrus: 2nd 07:45:08 PM Commission Discussion on the Motion Deputy Mayor Taylor stated that he can't think of a reason of why he would support 10 year annexation timeline as proposed. He is trying to determine why this time frame is important to the community. He understands the amount per month for the increase will be an adjustment but the costs of annexing into the City are less. He understands about conditions of not living in the City. He spoke regarding his experience of living in a rural area where a cesspool failed. He looks at this situation as an environmental issue and wants to see this resolved sooner rather than later. There is not a true economic reason for the City to do this. He doesn't want people that don't want to live in the City to be forced to live there. He is convinced that a transition time exception is needed for the out of Page 4 of 9 Bozeman City Commission Minutes,August 18, 2014 pocket increase. He realizes that this is a unique situation but doesn't want to set a precedent. Cr. Andrus stated that she has not heard any comment to persuade her to vote for a deferral. The costs will go up no matter what. She has concerns with the East Gallatin river. Annexation is not a cafeteria plan. There are things that government and individuals working together can do better than individually. There are a lot of great benefits to living in this community. Precedent of allowing a deferred annexation is bad public policy. She would like a letter sent to individuals in the community stating what the costs would be. Cr. Mehl spoke regarding being neighbors and stated his appreciation of the volunteers. We all care about the Gallatin River. He spoke regarding the City experts and stated that by annexing into the City, it will save money in the short and long run. The City will not profit from this. Money goes back in for maintenance and capital work. Annexation is paramount but it has to be fair for everyone. A City forms for commerce and public safety. He spoke regarding the tax payer effects. If a piece mill approach occurs, it will make the cost go up.He would like to see them annexed in. He is all for 18 months. Cr. Pomeroy stated that she does listen and hears the concerns of the community. In order to provide services,we should have an annexation agreement. Mayor Krauss stated that it is a good idea to annex and it will save the Riverside Community money. It will cost existing tax payers something. He does not agree with deferring annexation. We do not need to auction off capacity. He urged the community to go back and say,you need to annex in. Save yourself some money. 08:11:10 PM Amendment to the Main Motion to Amend the Interlocal Agreement for Wastewater treatment,Section 4.02 and 4.04 and any other place where it says 10 years to 18 months (for annexation with the clarification that this is after connection is made). Deputy Mayor- Carson Taylor: Motion Commissioner- Chris Mehl: 2nd 08:14:01 PM Commission Discussion on the Amendment The Commission discussed the timing of the 18 months. Mayor Krauss spoke regarding his position on the July start date as suggested by the City Manger,the current rules of impact fees and some deferred projects. Cr. Mehl suggested clarifying the language to state 2 years and the Riverside Community figure out when that begins. We are saving them money. Cr. Andrus asked about the 2 year time frame. People coming from the county would have to adapt to an increase regardless. Deputy Mayor Taylor spoke regarding changing the timing. The rational for the 2 years is that the people are facing a huge change in what they have been paying. 08:27:45 PM Friendly Amendment to the Amendment to the Main Motion that annexation will take place up to 18 months after connection and delete July 1, 2020. Page 5 of 9 Bozeman City Commission Minutes,August 18, 2014 Deputy Mgyor- Carson Taylor: Motion Commissioner- Chris Mehl: 2nd 08:28:10 PM Vote on the Amendment to the Main Motion to Amend the Interlocal Agreement for Wastewater treatment,Section 4.02 and 4.04 and any other place where it says 10 years to 18 months (for annexation with the clarification that this is after connection is made) with the Friendly Amendment to the Amendment to the Main Motion that annexation will take place up to 18 months after connection and delete July 1, 2020. Deputy Mayor- Carson Taylor: Motion Commissioner- Cynthia Andrus: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Ta ly or: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Disapprove Commissioner-I-Ho Pomeroy: Approve 08:29:3 8 PM Amendment to the Main Motion and Vote to Change 2.09 to be Nutrient credits instead of Nitrogen credits. Commissioner- Chris Mehl: Motion Deputy Mayor- Carson Taylor: 2nd Mayor-Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve 08:30:43 PM Amendment to the Main Motion and Vote to Amend section 3.03 to add 30 days after the word "within'; and delete anything after the word "sewer': Deputy Mayor- Carson Taylor: Motion Commissioner- Chris Mehl: 2nd Mayor-Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner-I-Ho Pomeroy: Approve 08:31:24 PM Vote on the Main Motion as Amended that having considered public comment and the information presented by staff,I hereby move to authorize the City Manager to execute the Interlocal Agreement for Wastewater Treatment Services with Page 6 of 9 Bozeman City Commission Minutes, August 18, 2014 Riverside County Water and Sewer District No. 310 with the annexation taking place on July-1;2020 up to 18 months after connection. Depjq Mayor- Carson Taylor: Motion Commissioner- Cynthia Andrus: 2nd Mayor-Jeff Krauss: Approve Deppjy Mayor- Carson Ta llorApprove Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Disapprove Commissioner- I-Ho Pomeroy: Approve 08:32:06 PM Break Mayor Krauss declared a break. 08:53:49 PM Meeting called back to order Mayor Krauss called the meeting back to order. 2. 08:54:03 PM Review of Current Property and Liability Coverage (Kukulski) tt,4m 08:54:37 PM Staff Presentation City Manager Chris Kukulski gave the staff presentation for the Review of Current Property and Liability Coverage. Over the past several years, City staff and Mr. Kukulski have been working to improve the City's risk management program. In 2012, the director team and Mr. Kukulski presented the Commission with a series of goals related to administrative priorities of the City. This list included the goal of addressing the City's risk management program which is in the 2012-13 adopted Work Plan. In FY 2013, the City Commission approved $15,000 to obtain risk management consulting services. We later forwarded $10,000 to FY 2015. Earlier this year, the Commission established a second tier goal of evaluating the City's current insurance coverage. This agenda item is in furtherance of the Commission's stated goal regarding insurance, specifically, and, generally, is part of the larger risk management program managed by the director team. In February, the City Manager released a Request for Qualifications for Insurance and Risk Management Consulting Services (the "RFQ") (attached) and selected Jim Smith to act as the City's consultant. Mr. Smith has worked in the insurance industry since 1963 and has specialized in commercial insurance and surety. As a producer, Mr. Smith handled Gallatin County and the Gallatin County Airport Authority for 15 years. After retiring from the insurance agency, Mr. Smith started his own consulting business. 08:55:25 PM Jim Smith, Consultant Mr. Smith stated that he is an expert in Claims Resolution and that we have an outstanding insurance company. Coverage in the market place is not available like it is through MMIA. The pricing is phenomenal. The City could not duplicate this coverage in the private sector. Page 7 of 9 Bozeman City Commission Minutes, August 18, 2014 09:03:25 PM Commission questions for Staff The Commission and staff discussed general liability, the claim amounts, state code amounts, no fault sewer backups, exclusions, land use practices and reservation of rights letters. The Commission would like information on what derived the increase of Bozeman's amount to be insured along with more information and background related to land use practice coverage. 3. 09:28:15 PM Voluntary Rental Unit Safety Inspection Initiative (Shrauger) ;a Mr. Shrauger gave the staff presentation regarding the Voluntary Rental Unit Safety Inspection Initiative. Bozeman is a growing community. It is well known that as a community begins to grow, the need for affordable and safe rental units will grow as well. This need is compounded as a result of being a town with a university that is also growing. It has been stated in many arenas that the available rental properties in the Bozeman area are extremely limited. As a result, anything and everything that can be rented, is getting rented. Unfortunately, in some cases this results in extremely unsafe properties being placed on the market. In conditions such as this, many properties remain filled for many years with little to no maintenance or upgrades completed. Properties and/or spaces in buildings that never were intended to be apartments or rental units have been turned into rented spaces. Some properties that were originally safe when they were built have deteriorated to the point that they no longer are. 09:35:58 PM Commission questions for Staff The Commission and staff discussed the changes in that the Fire Department used to respond only to complaints. The Commission spoke regarding concerns of over promising and utilizing other sources to get the word out about the program. 4. 09:43:00 PM Code Compliance Program(Price) a 09:43:46 PM Staff Presentation Police Chief Ron Price gave the Staff Presentation for the Code Compliance Program. In 2012 staff began looking for more streamlined and effective ways to provide service to our community as it relates to the numerous problems that could be classified as quality of life issues. Lacking a centralized reporting process, citizens could call with a concern and be transferred to several different locations, leading to frustrations and inefficiency. There was also a fair amount of internal confusion as to which department best handled which type of complaint. In December 2012 a large cross-departmental meeting was held to catalog the numerous types of concerns that were often reported and to work toward a single point of contact reporting function. 09:52:06 PM Commission questions for Staff Cr. Pomeroy spoke regarding her recent Police ride along. Page 8 of 9 Bozeman City Commission Minutes, August 18, 2014 5. 09:53:50 PM Appointment to the Bozeman Historic Preservation Advisory Board(Brunckhorst) Eli a 09:53:53 PM Motion and Vote to appoint Patricia Jacobs to the Bozeman Historic Preservation Advisory Board as the professional architect representative. Commissioner- Cynthia Andrus: Motion Commissioner - Chris Mehl: 2nd Mayor- Jeff Krauss: Disapprove Deputy MUor-Carson Taylor: Approve Commissioner- Chris Mehl:Aorove Commissioner- Cynthia Andrus: Approve Commissioner-I-Ho Pomeroy: Approve H. 09:54:15 PM FYI/Discussion 09:54:18 PM 1. Discussion of sending letters to the Riverside Community about costs associated with annexation. 09:59:07 PM2. Recent article about Bozeman Creek Pollution Concern I. 10:03:31 PM Adjournment Mayor Krauss adjourned the meeting at 10:03 p.m. i ;�N` Je c Kra ss, Mayor Y 4,- St i,; C;Iity'Clerk P �� f cy Ulm City Clerk Approved on c°y01 -A Page 9 of 9