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HomeMy WebLinkAbout08-31-2015 Archive City Commission Minutes f Doz le 8 N Co. THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,August 31,2015 Mayor- Jeff Krauss: Present Deputy Mayor - Carson Taylor: Present Commissioner - Chris Mehl: Present Commissioner- Cynthia Andrus: Absent Commissioner- I-Ho Pomeroy: Present Staff Present: City Manager, Chris Kukulski, City Attorney Greg Sullivan and City Clerk Stacy Ulmen. A. 06:02:54 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. 06:02:59 PM Pledge of Allegiance and a Moment of Silence C. 06:03:49 PM Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the Agenda.Mr. Kukulski state no. D. 06:03:56 PM Motion and Vote to Authorize Absence of Cr.Andrus Deputy Mayor - Carson Taylor: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Absent Commissioner- I-Ho Pomeroy: Approve E. Public Service Announcement- City Offices Closed and Notification of Cancelled Commission Meeting for Monday, September 71h in recognition of Labor Day (Ulmen) (Tookplace prior to the Action items) Page 1 of 11 August 31,2015 Bozeman City Commission Minutes F. 06:04:15 PM Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) "N� a 2. Professional Services Agreement with the Downtown Business Partnership, LLC regarding the Administration and Management of the Downtown Bozeman Urban Renewal District (Kukulski) a 06:04:29 PM City Manager overview of Consent Items. Mr. Kukulski gave an overview of each Consent Item as listed. 06:04:55 PM Public Comment Mayor Krauss called for public comment. No person commented. Mayor Krauss closed public comment. 06:05:06 PM Motion and Vote to approve Consent Items 1-2 as submitted Commissioner-I-Ho Pomeroy: Motion Commissioner- Chris Mehl: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Taylor: pprove Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Absent Commissioner-I-Ho Pomeroy: Approi�- G. 06:05:27 PM Public Comment Mayor Krauss opened up general public comment. 06:05:59 PM Gary Gullickson,Public Comment Mr. Gullickson spoke regarding Action Item 1 and asked if the Commission would delay this and look at a gas tax to get this done. 06:09:54 PM Paul Johnson,Public Comment Mr. Johnson stated that we need to move traffic, not restrict. He doesn't feel that the Commission has a clue of what they are doing. There is a flow problem and he spoke regarding his suggestions. 06:13:25 PM Bob Marta,Public Comment Mr. Marta thanked the City for the engineering of 81h Street. He spoke regarding potholes and the history of 55 years of putting a band aid on the streets. The Commission inherited this. 06:15:56 PM Closed Mayor Krauss closed public comment. Page 2 of 11 August 31,2015 Bozeman City Commission Minutes H. Action Items 1. 06:16:56 PM Public Hearing, Consideration of Protests and the Adoption of Resolution 4640, a Resolution of the City Commission of the City of Bozeman, Montana, creating the Arterial and Collector Street Special District for the purpose of Funding the Construction, improvements, and Maintenance of Transportation Facilities related to Arterial and Collector Streets (Rosenberry) a 06:17:02 PM Staff Presentation Administrative Services Director Anna Rosenberry gave the staff presentation for the Public Hearing, Consideration of Protests and the Adoption of Resolution 4640, a Resolution of the City Commission of the City of Bozeman, Montana, creating the Arterial and Collector Street Special District for the purpose of Funding the Construction, improvements, and Maintenance of Transportation Facilities related to Arterial and Collector Street. 06:27:31 PM Commission questions for staff The Commission and staff discussed the valid and invalid protests for condominium and the reason before labeling forms as invalid. 06:32:06 PM Public Comment Mayor Krauss opened public comment. 06:32:30 PM David Weston,Public Comment Mr. Weston spoke regarding his confusion of paying for streets that many use and it doesn't add up to him. Why won't everybody in the town pay for the streets? He doesn't see this lending to the value of his property. 06:34:48 PM Renee Callahan,Public Comment Ms. Callahan spoke regarding her confusion of who is paying for this. Doesn't seem fair that they pay and others in the town do not. There are many other users that do not live in town. She spoke regarding her concerns of non turn in of forms being considered in support. 06:38:00 PM Bob Marta,Public Comment Mr. Marta stated that he is one of the 4.8% that protested. He felt that nothing was prioritized. There is a need to fix what is broken. He wondered if a warehouse district has been thought about? The semis are the biggest nemesis on the streets especially in the winter. He does not like round-a-bouts with the seasonal changes that we have. 06:43:15 PM Daryl Barnet,Public Comment Mr. Barnet stated that we need some real arterials. We need some planning. Trucks come through town. He spoke regarding his concerns of the high cost of living. There may be an alternative possibly some bind of head tax collected by the employer. He spoke Page 3 of 11 i August 31,2015 Bozeman City Coytnnission Minutes regarding infill. He is concerned about the streets and the lack of parking on main street. We have some real infrastructure problems. 06:46:23 PM Public Comment closed Mayor Krauss closed public comment. 06:46:33 PM Commission and Staff follow up on Public Comment. Mayor Krauss stated that a head tax is not legal in Montana, the gas tax is at the County Commission level, everyone will pay the arterial and collector tax,the fact that Rouse is a State highway, jurisdiction of the City Commission, future plans in regards to transportation. Public Works Director Craig Woolard spoke regarding the fact that we do have an infrastructure problem and the City understands that we have a problem. The City does have a plan and the problem of executing the plan and the need for a policy change and this method will help us do this. 06:55:17 PM Commission questions for Staff The Commission and staff discussed that this is just the beginning, a functional payback district, the types of roads in the City of Bozeman and general street maintenance and how the local streets were analyzed and funds being spent now and going into the future, the issue of gas tax being out of the authority of the local level, the non-completion of streets and mechanisms of traffic control. 07:10:43 PM Motion that having considered the information provided by staff, considered public comment, and considered all of the information presented, I hereby adopt.Resolution 4640, a Resolution of the City Commission of the City of Bozeman, Montana, creating the Arterial and Collector Street Special District for the purpose of Funding the Construction, improvements, and Maintenance of Transportation Facilities related to Arterial and Collector Streets. Coiiunissioner- Chris Mehl: Motion Deputy Mayor- Carson Taylor: 2nd 07:11:14 PM Friendly Amendment Cr. Mehl posed a Friendly Amendment to add a Section 1, Recital to the Resolution as listed in the Staff memo. Deputy Mayor Taylor agreed with the friendly amendment. 07:11:41 PM Commission Discussion on the Motion Cr. Mehl stated that we have a problem and nobody likes to be here. Our arterial and connectors have tremendous use, this is about saving money in the long run and that the money can only go to this. This is a fund that will be funded by everyone. He spoke regarding the need to prove support. He spoke regarding a gas tax. As far as the protests; we should follow the spirit of the law and he is in favor of the total protest forms. Deputy Mayor Taylor stated that this does not have a precedent interest, and we are going to follow state law. He wants to count all of the protests. Part of the problem is that we have just waited and he prefers to use the higher numbers. He spoke regarding the utilization of the downtown streets and that if it is a state roadway, we cannot preclude Page 4 of 11 August 31,2015 Bozeman Cite Commission Minutes the type of traffic. He spoke regarding the area round-a-bouts. He feels everybody should be paying for the use of the streets. Cr. Pomeroy stated that she agrees with the other Commissioner's statements and she feels that everybody should contribute and spoke about a gas tax and while we are pursuing this; we need to do the Special district. It is time to fix the streets and complete the streets. This will help reduce some traffic congestion. She spoke regarding the round- a-bout on 111h street. She spoke regarding the 743 votes and respect them all. No free ride. Time for everybody to contribute. Mayor Krauss apologized to the condo owners and the confusion surrounding the protest forms, and that it is important to count the invalid condos as valid and the Commission joined in the finding that there are less than the 10% and the Commission can act on this tonight. He spoke regarding a local option tax and the need for getting people around safely. He spoke regarding the past mills and the fact that we didn't cover as much as we should have covered and that is how we ended up in this hole. He spoke regarding the ad vulorum that should be reviewed. This plan will match the impact and develop 07:37:38 PM Friendly Amendment to the Main Motion to insert the numbers in the 6t1' Recital as 743 and 4.8%. Cr. Mehl posed an amendment to insert the numbers in the 6th Recital as 743 and 4.8%. Deputy Mayor Taylor agreed to the Friendly amendment. 07:38:08 PM Vote on the Main Motion that leaving considered the information provided by staff, considered public comment, and considered all of the information _ presented,I hereby adopt Resolution 4640, a Resolution of the City Commission of the City of Bozeman, Montana, creating the Arterial and Collector Street Special District for the purpose of Funding the Construction, improvements, and Maintenance of Transportation Facilities related to Arterial and Collector Streets, with the friendly amendment to add the Section I Recital to the Resolution as well as inserting the numbers in the 6th Recital as 743 and 4.8%. Commissioner - Chris Mehl: Motion DeputMayor - Carson Taylor: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Absent Commissioner -I-Ho Pomeroy: Approve 2. 07:39:11 PM Resolution 4633, Levying and Assessing Arterial and Collector Street Special District Amounts for Fiscal Year 2015-2016 (FY16) (Rosenberry) F� Page 5 of 11 August 31,2015 Bozeman City Commission Minutes 07:39:27 PM Staff presentation Administrative Services Director Anna Rosenberry gave the staff presentation regarding Resolution 4633, Levying and Assessing Arterial and Collector Street Special District Amounts for Fiscal Year 2015-2016 (FYI 6). 08:08:50 PM Commission and Staff discussion The Commission and staff discussed the combination of new properties coming on the tax role and new buildings. 07:41:16 PM Commission questions for Staff The staff and Commission discussed CAP amounts that are being used in the methodology. 07:42:54 PM Public Comment Mayor Krauss opened public comment. 07:43:03 PM Lannie Collins,Public Comment Ms. Collins spoke regarding concerns of increasing rates and suggested to look at a resort tax and she stated that there is no parking in her area. She wondered if maybe a sticker can be placed on a car to identify that they are paying for the use of the roads. 07:45:50 PM Public Comment closed Mayor Krauss closed public comment. 07:45:56 PM Follow up on"P ublic Comment `x Mayor Krauss spoke regarding population counts related to resort tax. Stickers are not in state law. We are in a box. 07:47:53 PM Motion to adopt Resolution 4633, Levying and Assessing Arterial and Collector Street Special'District Amounts for Fiscal Year 2015-2016 (FY16); making the assessment rate $0.00287 per assessable square foot of lot area. Deputy Mayor - Carson Taylor: Motion Commissioner- I-Ho Pomeroy: 07:48:24 PM Commission discussion on the Motion Deputy Mayor Taylor spoke regarding later development. Cr. Mehl stated that we are doing this because we are growing so much that we can't wait. He urged the citizenry to call their local rep. Mayor Krauss stated that this is a public safety issue. We have a mandate to address this first. He is not about to keep kicking this down the road. We are not the only city that struggles with commuters and outside folks using the streets. 07:53:55 PM Vote on the Main Motion to adopt Resolution 4633, Levying and Assessing Arterial and Collector Street Special District Amounts for Fiscal Year 2015- Page 6 of 11 August 31,2015 Bozeman City Commission Minutes 2016 (FY16), making the assessment rate $0.00287 per assessable square foot of lot area. Deputy Mayor - Carson Taylor: Motion Commissioner- I-Ho Pomeroy Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner- Cynthia Andrus: Absent Commissioner- I-Ho Pomeroy: Approve 3. 07:54:19 PM Resolution 4617, Establishing a Tree Maintenance District Assessment for Fiscal Year 2015-2016 (FY16) (Rosenberry) a Mayor Krauss stated that he has a conflict of interest with this item and recused himself from the discussion and vote. 07:54:46 PM Staff Presentation Administrative Services Director Anna Rosenberry gave the Staff presentation for the Resolution 4617, Establishing a Tree Maintenance District Assessment for Fiscal Year 2015-2016 (FY16). 07:56:48 PM Commission questions for Staff The Commission and Staff discussed how long this amount was at a flat rate. Ms. Rosenberry spoke °regarding the past assessments and what we do with this money including maintenance. 07:59:40 PM Public Comment Deputy Mayor Taylor opened public comment. G No person commented. Deputy Mayor Taylor closed public comment. 08:00:02 PM Motion to adopt Resolution 4617, establishing a Tree Maintenance District Assessment for Fiscal Year 2016, making the Assessment rate $0.00227per assessable square foot. I' Commissioner- I-Ho Pomeroy: Motion Commissioner- Chris Mehl: 2nd 08:00:29 PM Commission discussion on the Motion Cr. Pomeroy stated that we all know how we benefit from the trees. Cr. Mehl stated that this is a great program. The trees help the property value. Deputy Mayor Taylor stated that the forestry department is doing very well. Page 7 of 11 August 31,2015 Bozeman City Commission Minutes 08:02:04 PM Vote on the Main Motion to adopt Resolution 4617, establishing a Tree Maintenance District Assessment for Fiscal Year 2016, making the Assessment rate $0.00227per assessable square foot. Commissioner- I-Ho Pomeroy: Motion Commissioner- Chris Mehl: 2nd Deputy Mayor- Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner- Cynthia Andrus: Absent Commissioner-I-Ho Pomeroy: Approve 4. 08:02:39 PM Resolution 4634, Setting Mill Levies for Fiscal Year 2015- 2016 (FY16) (Rosenberry) t4z 08:02:48 PM Staff Presentation Ms. Rosenberry gave the staff presentation regarding Resolution 4634, Setting Mill Levies for Fiscal Year 2015-2016 (FY16). Because the amount came in better than expected,the property tax amount is being lowered. 08:12:10 PM Commission questions for Staff The Commission and Staff discussed the amount in that it is different as planned in the approved budget, the surprise in getting recent construction in the tax rolls, the unanticipated amount of additional funding, the MMIA payment, the variations associated with the Law and Justice Center, the borrowing rates, bonding, the reserve amount,the funds for the Law and Justice Center In the budget that has not been released, the post closure fund and uncertainty and the bond rating. 08:37:45 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 08:37:58 PM Motion to adopt Resolution 4634, ,Setting Mill Levies for Fiscal Year 2015-2016 (FY16). Commissioner- Chris Mehl: Motion Deputy Mayor - Carson Taylor: 2nd 08:38:36 PM Commission Discussion on the Motion Cr. Mehl spoke regarding returning the entire amount but that it is a matter of timing, He very much sees the need for the Law & Justice Center. He spoke regarding the Insurance. His preference and pledge is to give it all back. Deputy Mayor Taylor stated that we are facing a tough situation when we passed the last budget. Deputy Mayor Taylor spoke regarding a third party in regards to the insurance. He favors passing the Resolution the way that it is. It is fair to be perfectly clear. Page 8 of 11 August 31,2015 Bozeman City Commission Minutes Cr. Pomeroy stated that she does know the concern of the North Park Property, the MMIA Insurance issue and the Law and Justice Center. This is a windfall. We did not anticipate this money. She would like $140,000 for the law justice center and $140,000 return to our tax payers and lower our mill levy. Mayor Krauss thanked the tax payers this year that stuck with us on two new taxes. He wants to recognize the context of this and that we have already imposed a couple of new taxes. He spoke regarding the lack of hypothetical items in the past that weren't addressed in the past. He struggles a little about the Law & Justice Center. We are not returning anything. He prefers not to tax the tax payers for un budgeted amounts. If we don't have to over levy, let's not do it. 09:17:19 PM Amendment to the Main Motion to adopt Resolution 4634, Setting Mill Levies for Fiscal Year 2015-2016 (FY16) and decrease the all purpose levy by 1.62 mills with a grand total levy of 208.54 Mills. Commissioner- I-Ho Pomeroy: Motion Commissioner- Chris Mehl: 2nd 09:18:47 PM Commission discussion on the Amendment Cr. Mehl stated that he felt that this was only one way to compromise. He would like to have a lot in reserves and figure out cuts next June or give it all back. It's not enough to be remembered as a tax cut. Let's work out something that we can make a significant promise together. Cr. Pomeroy stated that it is ok if her amendment is forgotten. But this money was not expected. Keep half and give back half , Mayor Krauss stated that the challenge is getting three votes. Deputy Mayor Taylor spoke regarding contingencies and compromise. He will not vote for the amendment 09:25:00 PM Vote on the Amendment to the Main Motion to adopt Resolution 4634, Setting Mill Levies for Fiscal Year 2015-2016 (FY16) and decrease the all purpose levy by 1.62 mills with a grand total levy of 208.54 Mills. Motion failed Commissioner- I-Ho Pomeroy: Motion Commissioner- Chris Mehl: 2nd Mayor- Jeff Krauss: Disapprove Deputy Mayor - Carson Taylor: Disapprove Commissioner- Chris Mehl: Disapprove Commissioner- Cynthia Andrus: Absent Commissioner- I-Ho Pomeroy: Approve 09:25:14 PM Continued Commission discussion. 09:35:12 PM Amendment to the Main Motion that the Current Commissioners acting on this resolution bind themselves to the promise that they will reduce the FYI levy by an amount of up to 3.23 mills. Page 9 of 11 August 31,2015 Bozeman City Commission Minutes Commissioner- Chris Mehl: Motion Deputy Mayor- Carson Taylor: 2nd 09:35:48 PM Vote on the Amendment to the Main Motion to add the statement to the main motion that the Current Commissioners acting on this resolution bind themselves to the promise that they will reduce the FYI 7levy by an amount of up to 3.23 mills. 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: Absent Commissioner -I-Ho Pomeroy: Disapprove 09:37:30 PM Continued Commission discussion 09:38:59 PM Vote on the Main Motion as Amended to adopt Resolution 4634, Setting Mill Levies for Fiscal Year 2015-2016 (FY16) with the added statement that the Current Commissioners actin,- on this resolution bind themselves to the promise that they will reduce the FYI 7levy by an amount of up to 3.23 mills. 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: Absent Commissioner-I-Ho Pomeroy: Disapprove I. 09:39:18 PM FYI/Discussion Deputy Mayor Taylor will be gone for the September 14th Meeting J. 09:41:36 PM Adjournment Mayor Krauss adjourned the meeting at 9:41 p.m. �. NJ J eke A ST:. * . ' U ® y Sta Ijlm �, Page 10 of 11 August 31,2015 Bozeman City Commission Minutes PREPARED BY: tacy�-Olmen,CMC ' City Clerk Approved on: Page 11 of 11