HomeMy WebLinkAbout09-10-18 City Commission Packet Materials - MIN. July and August 2018 Minutes
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Robin Crough, City Clerk Andrea Surratt, City Manager
SUBJECT: Approve the Regular Meeting Minutes from August 6, August 13,
and August 20, 2018, Executive Session Minutes from July 23,
2018, and User Access to Linked Minutes MEETING DATE: September 10, 2018
AGENDA ITEM TYPE: Minutes
NOTE: For PCs, your internet browser must be Internet Explorer Version 10 or higher. Google
Chrome, Firefox or Safari all work as well.
To view the video and the minutes of August 6, 2018 that are linked to the video please click here (minutes are located by clicking on the related documents tab above agenda).
To view the video and the minutes of August 13, 2018 that are linked to the video please click
here (minutes are located by clicking on the related documents tab above agenda).
To view the video and the minutes of August 20, 2018 that are linked to the video please click here (minutes are located by clicking on the related documents tab above agenda).
RECOMMENDATION: Approve the Regular and Executive Session City Commission
Minutes as submitted.
SUGGESTED MOTION: I move to approve the City Commission minutes from August 6,
August 13, and August 20, 2018, and Executive Session minutes from July 23, 2018 as submitted.
BACKGROUND: The July 23, 2018 Executive Session minutes were circulated for review
and preliminary approval at a prior City Commission meeting.
In 2013, The Clerk’s Office identified goals related to the Commission’s priority of Improving
Technology Utilization and Proficiency. Improvements included:
• Live streaming broadcast of the City Commission Meeting
• Meeting efficiency
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• Better access of meeting information for staff and the public
• Time savings
• Streamlined approach to citizen involvement and public comment
Since August of 2013, the City Commission Minutes have been linked with audio and video using
AV Capture. In addition to the City Commission, many Citizen Advisory Boards utilize the system
as well.
LOCATION: The AV Capture Archives and Live Streaming of City Commission Minutes and
Meetings can be found at www.bozeman.net by choosing the “I want to…” top menu item, and
selecting the bottom right link “Watch a commission or board meeting video.”
VIEWING: Using the drop-down menu immediately below the AV Capture icon, select Recorded (all previously recorded meetings), Streaming Live (meetings currently being streamed in real-time), or Upcoming (future meetings that will be streamed live). Selecting a meeting should
automatically start the video. The draft minutes and all associated materials from the meeting are
located under the video in the Attached Documents area. Final minutes are available here once
formally approved. Users can then can click on each time-stamped hyperlink to find the section that they wish to view from the meeting. If the video does not automatically start at that point, the
user may need to press play on the video itself.
Users are always welcome to contact the City Clerk’s Office at 582-2320 or email
agenda@bozeman.net for assistance.
ALTERNATIVES: As suggested by Commission.
UNRESOLVED ISSUES: None.
FISCAL EFFECTS: None.
Attachments: Draft Minutes
Report Prepared on August 30, 2018
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, August 06, 2018
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. 05:59:59 PM (00:04:46) 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. 06:00:11 PM (00:04:58) Pledge of Allegiance and a Moment of Silence
C. 06:01:22 PM (00:06:09) Changes to the Agenda
CM Surratt stated an incorrect dollar amount was corrected in the final documents for Consent Item
13.
D. 06:01:46 PM (00:06:33) FYI
• Cr. Pomeroy stated that HRDC purchased property, and the City Commission should
consider helping them with the affordable housing fund.
• Mayor Andrus thanked the staff and Commission that helped with BPSC education, and
discussed a recently-held resiliency workshop, reminded the public about National Night
Out, and discussed the City’s outreach regarding a number of plans that are currently being
updated.
E. 06:04:38 PM (00:09:25) Minutes
1. Approve the Regular Meeting Minutes from July 16 and July 23, 2018, and User Access to
Linked Minutes (Crough)
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06:04:44 PM (00:09:31) Motion and Vote to approve the City Commission minutes from July 16 and
July 23, 2018 as submitted. The motion 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
F. 06:05:05 PM (00:09:52) Commission Disclosures
• Cr. Cunningham disclosed for Action Items 4 and 5, that he is Executive Director of Run Dog
Run, and there is no conflict in his participation. He disclosed conversations with Gallatin
County Commissioners that did not include the content of action items.
G. 06:06:35 PM (00:11:22) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Approve the Depository Bonds and Pledged Securities as of June 30, 2018 (Clark)
3. Approve an All-Beverage On-Premise License for Bald Eagle Mountain, LLC (Pakeezah) of
Bozeman, Montana to Sell Beer, Wine, and Liquor at 34 North Bozeman Avenue, Unit 2 for
Calendar Year 2018 (Portnell)
4. Approve the Final Plat for the Boulder Creek Phase 1 Major Subdivision and Authorize the
Director of Public Works to Execute the Same on behalf of the City of Bozeman (Quasi-Judicial)
(Rogers)
5. Authorize the City Manager to Sign an Overhang Electric Powerline Easement with
Northwestern Energy for Relocation of a Powerline at the Intersection of Rouse Avenue and
East Aspen Street (Kohtz)
6. Authorize the City Manager to Sign a Public Street and Utility Easement and a Temporary
Construction Easement with Saccoccia Lands, LLC for the Extension of North 15th Avenue to
Baxter Lane (Kohtz)
7. Authorize the City Manager to Sign a Construction Agreement with Kredit Electric Inc. for
Electrical System Upgrades at the Alfred Stiff Professional Building (Gray)
8. Authorize the City Manager to Sign a Professional Services Agreement with LDP Strategies for
Work Related to the Transportation Demand Management Initiative (Kohtz)
9. Authorize the City Manager to Sign a Standard Audit Contract with the Department of
Administration Local Government Services Bureau for Audit Services (Donald)
10. Authorize the City Manager to Sign Task Order Number 7 with Sanderson Stewart for Midtown
and Downtown Sewer Capacity Analysis, Land Use Projections (Fine)
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11. Authorize the City Manager to Sign Task Order Number 8 with Sanderson Stewart for Midtown
Peach Street Fiber Conduit Design (Fine)
12. Authorize the City Manager to Sign Amendment Number 5 to the Professional Services
Agreement with Robert Peccia and Associates for the Durston and Cottonwood Roads
Improvements Project, Durston/Ferguson Roundabout Construction Phase (Murray)
13. Resolution 4938, Determination of Fair Market Value for Cash-in-Lieu of Parkland Dedication
(Poissant)
14. Resolution 4945, Approving Guaranteed Maximum Price Amendment Number 8 with Dick
Anderson Construction, Inc. for Sports Park Additional Paving and Drainage Structures
(Poissant)
15. Resolution 4941, Supporting the Application to the Big Sky Economic Development Trust Fund
Program, Administered by the Montana Department of Commerce, on behalf of AdvicePay
(Fontenot)
16. Resolution 4949, Supporting the Application to the Big Sky Economic Development Trust Fund
Program, Administered by the Montana Department of Commerce, on behalf of MeatEater,
Inc. (Fontenot)
17. Ordinance 1991 Final Adoption, the 2017 J&D Zone Map Amendment to Designate 15.47
Acres as R-O, Residential-Office District, from R-4, Residential High Density District,
Application 17439 (Saunders)
18. Ordinance 1995 Final Adoption, the Costco Wholesale Annexation Zone Map Amendment to
Designate 4.66 Acres at 5889 East Valley Center Road as B-2, Community Business District,
Application 17067 (Saunders)
06:06:39 PM (00:11:26) City Manager Overview
CM Surratt provided a summary of the highlights of the consent agenda.
06:08:12 PM (00:12:59) Public Comment
There was no public comment.
06:08:25 PM (00:13:12) Motion and Vote to approve Consent Items 1-18 as submitted. 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
H. 06:08:43 PM (00:13:30) Consent II: Items Action Upon Without Prior Unanimous Vote
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1. Ordinance 2007 Final Adoption, the Kagy Crossroads Zone Map Amendment Changing Zoning
on 5.5098 Acres from B-2 (Community Business District) to B-2M (Community Business Mixed
District), Generally Located Northwest of the Intersection of South 19th Avenue and Kagy
Boulevard, Application 18132 (Rogers)
06:09:11 PM (00:13:58) Public Comment
There was no public comment.
06:09:22 PM (00:14:09) Motion and Vote to finally adopt Ordinance 2007, the Kagy Crossroads Zone
Map Amendment Changing Zoning on 5.5098 Acres from B-2 to B-2M. 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: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Disapprove
I. 06:09:51 PM (00:14:38) Public Comment
There was no public comment.
J. 06:10:38 PM (00:15:25) Special Presentations
1. 06:10:43 PM (00:15:30) Veterans Alliance of Southwest Montana Presentation (White)
Thom White, Park and Cemetery Superintendent, discussed the history of the Veterans’
Cemetery project and the ability to pursue Phase 1. Len Albright, American Legion
Commander, discussed the Veterans’ Alliance of Southwest Montana, and presented Mayor
Andrus with a check for $58,000 for the Veterans’ Cemetery.
2. 06:23:07 PM (00:27:54) Growth Policy Consultant Introduction and Announcement of
Upcoming Public Events (Saunders)
Community Development Manager Chris Saunders discussed ongoing projects and focused
upcoming outreach opportunities. He introduced the consultants from Logan Simpson. He
discussed the role of a Community Plan, why an update should happen now, what a
Community Plan will do, what the overall process will look like, the website, the schedule for
the week, and next steps.
3. 06:38:37 PM (00:43:24) Downtown Plan Consultant Introduction and Announcement of
Upcoming Public Events (Naumann)
Chris Naumann, Executive Director of the Downtown Bozeman Partnership, introduced the
Downtown Bozeman Improvement Plan and the consulting team. He discussed the
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experience of the team. He discussed the history of the Downtown Plan and its role related
to other plans. He presented the boundary for the plan and summary scope. He stated next
week will be the public engagement week.
K. 06:50:20 PM (00:55:07) Action Items
1. 06:50:22 PM (00:55:09) Resolution 4922, Establishing Tree Maintenance District Assessments
for Fiscal Year 2019 (FY19) with a 5% Increase (Donald)
06:50:36 PM (00:55:23) Recusal
Cr. Krauss recused himself since he has a relative in the Forestry Department.
06:50:54 PM (00:55:41) Staff Presentation
Finance Director Kristin Donald discussed the proposed 5% increase for FY19 tree assessments in detail.
06:51:43 PM (00:56:30) Questions of Staff
Cr. Pomeroy asked for the rationale behind the 5% increase.
Cr. Cunningham asked about the amount allocated for an emerald ash borer event.
DM Mehl asked if this was already approved in the budget, as well as the previously adopted Forestry
Plan.
06:54:18 PM (00:59:05) Public Comment
There was no public comment.
06:54:28 PM (00:59:15) Motion to adopt Resolution 4922, establishing Tree Maintenance District
Assessments for FY19, making the assessment rate $0.003478 per assessable square foot.
Commissioner - Terry Cunningham: Motion
Deputy Mayor - Chris Mehl: 2nd
06:54:49 PM (00:59:36) Discussion
Cr. Cunningham stated the principle of this has already been approved.
DM Mehl discussed his support of a reasonable increase.
Cr. Pomeroy supports the motion since tree maintenance is important to the community.
Mayor Andrus supports the motion as trees are beneficial to the community.
06:56:20 PM (01:01:07) Vote on the Motion to adopt Resolution 4922, establishing Tree Maintenance
District Assessments for FY19, making the assessment rate $0.003478 per assessable square foot. The
motion passed 4-0.
Commissioner - Terry Cunningham: Motion
Deputy Mayor - Chris Mehl: 2nd
Mayor - Cynthia Andrus: Approve
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Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Abstain
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
2. 06:56:29 PM (01:01:16) Resolution 4923, Establishing Arterial and Collector Street
Maintenance District Assessments for Fiscal Year 2019 (FY19) with a 28% Decrease (Donald)
06:56:43 PM (01:01:30) Staff Presentation
Finance Director Kristin Donald discussed the proposed 28% decrease to the Arterial and Collector
District assessment.
06:57:28 PM (01:02:15) Questions of Staff
DM Mehl asked about the gas tax contribution to this fund.
Cr. Pomeroy asked if the decrease is temporary or permanent.
06:58:57 PM (01:03:44) Public Comment
There was no public comment.
06:59:03 PM (01:03:50) Motion to adopt Resolution 4923, establishing Arterial and Collector Street
Maintenance District Assessments for FY19, making the assessment rate $0.006408 per assessable
square foot.
Deputy Mayor - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
06:59:20 PM (01:04:07) Discussion
DM Mehl discussed the arterial and collector program, and the assistance of the state gas tax in
reducing these assessments.
Cr. Pomeroy agrees with DM Mehl and is happy to see the decrease.
Cr. Krauss discussed that this assessment is meant to match impact fee spending so we can do more
than just expand, and where the City spends this money.
Cr. Cunningham associated his comments with previous commissioners and spoke of the importance of
alternate funding sources.
Mayor Andrus discussed this commitment that was made to the legislators, and how the City has
followed through.
07:04:35 PM (01:09:22) Vote on the Motion to adopt Resolution 4923, establishing Arterial and
Collector Street Maintenance District Assessments for FY19, making the assessment rate $0.006408
per assessable square foot. The motion passed 5-0.
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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
3. 07:04:48 PM (01:09:35) Resolution 4924, Establishing Street Maintenance District
Assessments for Fiscal Year 2019 (FY19) with a 5% Increase (Donald)
07:04:59 PM (01:09:46) Staff Presentation
Finance Director Kristin Donald noted the Street Maintenance District assessment will also be a
proposed 5% increase, and discussed the impact.
07:05:41 PM (01:10:28) Questions of Staff
Cr. Pomeroy asked why a 5% increase is reasonable.
Cr. Cunningham asked about the difference between the street maintenance and arterial and collector
fees.
Cr. Krauss asked if the district was based on the pavement assessment done a few years ago.
07:09:20 PM (01:14:07) Public Comment
There was no public comment.
07:09:30 PM (01:14:17) Motion to adopt Resolution 4924, establishing Street Maintenance District
Assessments for FY19, making the assessment rate $0.026781 per assessable square foot.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
07:09:49 PM (01:14:36) Discussion
Cr. Pomeroy stated this was a reasonable increase and supports the motion.
Cr. Krauss discussed tying financial depreciation to actual depreciation, and the importance of planning
for street maintenance.
07:13:01 PM (01:17:48) Vote on the Motion to adopt Resolution 4924, establishing Street Maintenance
District Assessments for FY19, making the assessment rate $0.026781 per assessable square foot. The
motion passed 5-0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
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Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
07:13:34 PM (01:18:21) Recess
Mayor Andrus called the Commission into recess for 5 minutes.
07:18:30 PM (01:23:17) Call to Order
Mayor Andrus called the meeting back to order.
4. 07:18:41 PM (01:23:28) Discussion with Gallatin County Regarding Gallatin County's
Obligation for North Ferguson Avenue and West Oak Street Improvements (Joint Item with
the Gallatin County Commission) (Surratt)
Gallatin County Commissioners:
Chairman – Steve White: Present
Commissioner – Don Seifert: Present
Commissioner – Joe Skinner: Present
Additional Staff at the Dais: Assistant City Manager (ACM) Anna Rosenberry, Gallatin County
Administrator Jim Doar
07:19:02 PM (01:23:49) Call to Order
Chairman White called the Gallatin County Commission to order.
07:19:26 PM (01:24:13) Staff Presentation
CM Surratt presented the nature of the discussion tonight.
07:20:56 PM (01:25:43) Discussion
Chairman White discussed the history of improvements on Oak Street.
County Administrator Jim Doar discussed his history with the road improvements.
Chairman White discussed quantifying the amount that should be contributed by the County.
Cr. Skinner discussed a certain level of responsibility, but an SID is not fair or reasonable. He asked if
there are any other single-property SIDs, and how is that justified. He asked if there is significant benefit
to the Regional Park. He asked about the fairness of the bidding procedure (or lack of) for the
improvements.
Cr. Seifert agrees with the other Commissioners, and reiterated the County just wants answers on the
nexus of the benefit of the park and what the County is being asked to pay.
Mayor Andrus discussed the history of the property since the County’s purchase.
Cr. Pomeroy stated it was common sense to use the developer instead of bidding.
Cr. Krauss stated the City Commission’s purview is discussing policy this evening, and that the City
Manager is empowered to discuss the issue with Gallatin County outside of Commission meetings. He
discussed further context to the history of the issue, including the County planning litigation on the
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issue. He discussed public safety at the park.
Cr. Cunningham discussed his original intention was to create an action-oriented workgroup to address
this issue.
DM Mehl discussed the benefit to the area by county residents.
07:49:44 PM (01:54:31) Public Comment
There was no public comment.
07:50:01 PM (01:54:48) Discussion Continued
CM Surratt discussed the responsibility of the County in purchasing the property, and the requirements
of infrastructure upon annexation. She discussed flexibility in the instrument of payment.
07:53:06 PM (01:57:53) Questions of Staff
DM Mehl asked a number of questions regarding whether these improvements will increase safety and
flow. He asked about the construction of streets adjacent to development. ACM Rosenberry stated
there is not an MCA prohibition against one-property SIDs. DM Mehl asked if the formula is applied to
the City and other public entities.
Chairman White reiterated they are here tonight to discuss the methodology and amount of payment.
Cr. Seifert discussed the benefits to the community, not to the park.
Cr. Krauss asked about annexation of right-of-ways, Policy and Planning Manager Chris Saunders
responded in some detail.
Cr. Cunningham asked for clarification on the policies guiding infrastructure share. CM Surratt and ACM
Rosenberry responded in detail.
Cr. Krauss clarified that many have signed waivers of right to protest, and asked if the County is being
treated any differently.
Chairman White stated he agrees with assessment based on usage. He expressed frustration with the
lack of the bidding process.
DM Mehl discussed the responsibilities of property ownership and the benefits to city/county residents.
Cr. Seifert reiterated he does not think 50% is the reasonable share, and stated he hasn’t heard answers
to their questions.
08:43:19 PM (02:48:06) Motion that the City of Bozeman charge the County the full amount indicated
for SID 745, that we waive the $1,000 administration fee, and we extend the payment period from
three years to five years, subject to a mutually agreeable interest rate codified in an interlocal
agreement between the City and the County. (Motion language clarified before final vote.)
Commissioner - Terry Cunningham: Motion
Deputy Mayor - Chris Mehl: 2nd
08:44:09 PM (02:48:56) Discussion
Cr. Cunningham spoke to the rationale of his motion.
DM Mehl explained the benefits of the improvements, that there is nothing wrong with a single-owner
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SID, and let’s move forward.
Cr. Pomeroy agreed with the other Commissioners.
Cr. Krauss reiterated he doesn’t see good faith in the County’s actions.
Mayor Andrus stated this has been discussed for years, and the City has put out a fair offer.
Chairman White asked for clarity about what the intent of the motion and what decision is expected of
the County.
DM Mehl discussed the appropriateness of making the motion at this time.
09:05:16 PM (03:10:03) Amendment to the Motion to direct the City Manager to prepare a letter and
send it to the County Commission reflecting the motion. (Motion language clarified at final vote.)
Commissioner - Jeff Krauss: Motion
Commissioner - Terry Cunningham: 2nd
09:05:37 PM (03:10:24) Discussion
Chairman White stated they can consider the proposal at a future public meeting.
Cr. Skinner stated the proposal does not change his mind, as they have never been a partner on this
project.
Cr. Seifert stated he still doesn’t believe this passes the smell test.
DM Mehl discussed the benefits of the park.
Cr. Krauss discussed societal benefit.
Mayor Andrus discussed the payment agreements and invoices.
Cr. Cunningham stated the goal is to find a satisfactory resolution and move on.
09:19:49 PM (03:24:36) Vote on the Amendment to the Motion to direct the City Manager to prepare a
letter and send it to the County Commission reflecting the motion. The amendment passed 5-0.
Commissioner - Jeff Krauss: 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
09:20:23 PM (03:25:10) Vote on the Motion as Amended that the City of Bozeman charge the County
the full amount indicated for SID 745, that we waive the $1,000 administration fee, and we extend the
payment period from three years to five years, subject to a mutually agreeable interest rate codified in
an interlocal agreement between the City and the County, and directing the City Manager to prepare
a letter and send it to the County Commission reflecting the motion. The motion passed 5-0.
Commissioner - Terry Cunningham: Motion
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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
09:21:30 PM (03:26:17) County Commission Meeting Adjourned
Chairman White adjourned the Gallatin County Commission at 9:21 PM.
09:22:16 PM (03:27:03) Recess
Mayor Andrus called the Commission into recess until 9:27 PM.
09:30:07 PM (03:34:54) Call to Order
Mayor Andrus called the meeting back to order at 9:30 PM.
5. 09:30:12 PM (03:34:59) Hearing on Protests Regarding Creation of Special Improvement
District (SID) Number 745 and Adoption of Resolution 4893, a Resolution of the Bozeman City
Commission to Create SID Number 745 for North Ferguson Avenue and West Oak Street
(Sullivan)
09:30:40 PM (03:35:27) Staff Presentation
CA Sullivan suggests the Commission adjourn the item to a future date, allowing the County to respond
to the motion just made. He discussed the deadlines for assessments this fall.
09:32:36 PM (03:37:23) Questions of Staff
Cr. Krauss asked if there is a way to pass the SID contingently.
Cr. Cunningham asked which Commission meetings were cancelled for August and September, and what
would happen if they waited past September.
DM Mehl asked about the timing of billing and assessments.
09:35:42 PM (03:40:29) Public Comment
Mayor Andrus opened public comment.
09:35:49 PM (03:40:36) Marty Lambert, Public Comment
County Attorney Marty Lambert stated the City didn’t follow state bidding law.
09:38:15 PM (03:43:02) Discussion
DM Mehl prefers this gets worked out at a staff level as an interlocal, extending past the September
deadline.
Cr. Krauss discussed the lack of good faith from the County. His preference would be to bring this back
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on September 10th for a final decision.
Mayor Andrus is okay putting this off in order to give the County time.
Cr. Cunningham prefers taking time to work on the agreement.
DM Mehl requested there would be something back from the property owner by the end of the
calendar year.
09:50:02 PM (03:54:49) Motion and Vote to adjourn the meeting [adoption of Resolution 4893] to a
date uncertain. 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
6. 09:50:43 PM (03:55:30) Appointment to the Bozeman Historic Preservation Advisory Board
(BHPAB) (Sweeney)
09:50:53 PM (03:55:40) Motion and Vote to appoint Chelsea Holling to the Bozeman Historic
Preservation Advisory Board to a Professional Designation position with a term ending June 30, 2020.
The motion passed 5-0.
Commissioner - Jeff Krauss: 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
7. 09:51:22 PM (03:56:09) Appointment(s) to the Bozeman Parking Commission (Sweeney)
09:51:39 PM (03:56:26) Motion and Vote to appoint Chris Naumann and Ben Lloyd [to the Bozeman
Parking Commission with terms ending June 30, 2022]. 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
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Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
8. 09:52:01 PM (03:56:48) Appointment(s) to the Bozeman Tree Advisory Board (BTAB)
(Sweeney)
09:52:04 PM (03:56:51) Motion and Vote to appoint William Hoch and Scott Makoutz [to the Bozeman
Tree Advisory Board with terms ending June 30, 2020]. The motion passed 5-0.
Commissioner - Jeff Krauss: 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
9. 09:52:30 PM (03:57:17) Appointment(s) to the Downtown Area Urban Renewal District Board
(DURB) (Sweeney)
09:52:35 PM (03:57:22) Motion and Vote to appoint Cory Lawrence to the voting position with a term
ending June 30, 2022, and Kate Wiggins to the non-voting position with terms ending June 30, 2022
[to the Downtown Area Urban Renewal District Board]. The motion passed 5-0.
Commissioner - Jeff Krauss: 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
10. 09:53:13 PM (03:58:00) Appointment to the Library Board of Trustees (Sweeney)
09:53:31 PM (03:58:18) Mayor Andrus Vote on Amended Motion to appoint Kelley Dowdell to the
Library Board of Trustees to a term ending June 30, 2023, pending confirmation of Mayor Andrus. The
motion passed 5-0.
Mayor - Cynthia Andrus: Approve
[Final Vote on the Amended Motion to appoint Kelley Dowdell to the Library Board of Trustees to a
term ending June 30, 2023, pending confirmation of Mayor Andrus.]
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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
11. 09:53:45 PM (03:58:32) Appointment(s) to the Recreation and Parks Advisory Board (RPAB)
(Sweeney)
09:53:50 PM (03:58:37) Motion and Vote to appoint Richard Shanahan [to the Recreation and Parks
Advisory Board] to a term ending December 31, 2020. 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
L. 09:54:13 PM (03:59:00) FYI/Discussion
M. 09:54:23 PM (03:59:10) Adjournment
Mayor Andrus adjourned the meeting at 9:54 PM.
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Page 1 of 11
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, August 13, 2018
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, Assistant City Attorney (ACA) Karen
Stambaugh, Deputy City Clerk Brenda Sweeney
A. 05:59:58 PM (00:01:45) 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 (00:01:55) Pledge of Allegiance and a Moment of Silence
C. 06:00:53 PM (00:02:40) Changes to the Agenda
There were no changes to the agenda.
D. 06:00:58 PM (00:02:45) FYI
• Cr. Pomeroy attended the Mental Health Local Advisory Council meeting today where Rep. Jim
Hamilton asked that all people raise their voice about the funding for mental health.
• Mayor Andrus stated a reminder that all week the Downtown Bozeman is reviewing their
improvement plan and holding workshops.
• CM Surratt stated a reminder that there is still an opportunity to sign up to participate in the
Kaboom Playground Build on Saturday, August 18th.
E. 06:02:37 PM (00:04:24) Commission Disclosures
There were no Commission disclosures.
F. 06:02:44 PM (00:04:31) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
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2. Authorize the Mayor to Sign the Findings of Fact and Order for the Norton Ranch Phase 4
Subdivision Preliminary Plat, Application 17490 (Quasi-Judicial) (Garber)
3. Authorize the Mayor to Sign the Findings of Fact and Order for the PT Land Phase 3 Minor
Subdivision Preliminary Plat, Application 17315 (Quasi-Judicial) (Krueger)
4. Authorize the Mayor to Sign a Montana Department of Commerce, Big Sky Economic
Development Trust Fund Program Contract Amendment to the Business Assistance
Agreement and Management Plan for Wisetail (Contract # MT-BSTF-1-16-21) (Fontenot)
5. Authorize the City Manager to Sign an Agreement with Bozeman School District 7 for a School
Resource Officer (Crawford)
6. Authorize the City Manager to Sign a Memorandum of Agreement with the Montana
Department of Transportation (MDT) for the Griffin Drive (U-1217) Maintenance Agreement
(Hixson)
7. Authorize the City Manager to Sign a Professional Services Agreement with Stahly Engineering
and Associates, Inc. for Civil Engineering Construction Administration Services for the
Bozeman Sports Park Project (Poissant)
8. Authorize the City Manager to Sign a Professional Services Agreement with TD&H Engineering
for Geotechnical Engineering Services for the Bozeman Sports Park Project (Poissant)
9. Authorize the City Manager to Sign a Professional Services Agreement with U.S. Bank National
Association (U.S. Bank) for Banking Services for May 1, 2018 through May 1, 2023
(Donald/Clark)
10. Authorize the City Manager to Sign Amendment Number 2 to the Professional Services
Agreement with Peaks to Plains Design, PC for the Parks and Trails District Feasibility Study
(Overton)
11. Resolution 4950, Authorizing Change Order Number 1 with Highland Construction Services,
LLC for the Baxter Lane - Ferguson to Cottonwood Project (Murray)
12. Resolution 4937, the Bridger Meadows Annexation of Approximately 12.0 Acres, Located to
the West of Boylan Road and North of Commercial Drive and the Bridger Center Subdivision,
Application 18078 (Saunders)
13. Ordinance 2008 Provisional Adoption, the Bridger Meadows Zone Map Amendment to
Designate Approximately 12.0 Acres as R-1, Residential Low Density, Application 18078
(Saunders)
06:02:51 PM (00:04:38) City Manager Overview
CM Surratt provided a summary of the highlights of the consent agenda.
06:03:35 PM (00:05:22) Public Comment
There was no public comment.
06:03:47 PM (00:05:34) Motion and Vote to approve consent Items 1-13 as submitted. The motion
passed 5-0.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Chris Mehl: 2nd
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Page 3 of 11
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
G. 06:04:09 PM (00:05:56) Public Comment
There was no public comment.
06:04:43 PM (00:06:30) Point of Order
Cr. Krauss asked Mayor Andrus if she intends to take public comment after the special presentations.
Mayor Andrus confirmed now would be the time to make public comment on special presentations. There
was no public comment.
H. 06:05:10 PM (00:06:57) Special Presentations
1. 06:07:24 PM (00:09:11) Presentation on Minimum Wage (Jorgenson)
Human Resources (HR) Director Bethany Jorgenson presented information regarding the
minimum wage compensation increase for full and part-time regular employees of the City.
She explained that in this year’s budget, there was $20,000 allocated to help increase wages
to a $13.00/hour minimum wage. ACM Rosenberry outlined details of a future targeted
increased minimum wage.
06:16:27 PM (00:18:14) Questions of Staff
Cr. Cunningham asked about the 17 employees who had their wages raised and how many of those
would qualify for health benefits. He further asked about the living wage ordinance.
DM Mehl asked about the non-qualification for benefits of the 17 employees.
Mayor Andrus asked about qualifications for the Library Aide position for a pay rate.
Cr. Pomeroy asked how much more money it would take to move all 17 employees to $13/hour.
Cr. Mehl asked CM Surratt about a plan to reach that number.
Cr. Krauss asked about the Library Aide position qualifications. He further asked about qualifications
being the same between positions.
Mayor Andrus asked about longevity relative to a high performing organization.
Cr. Cunningham recognized the work of the HR Director Jorgenson and CM Surratt for their work in
digging into the issue of city employee minimum wages.
DM Mehl would be interested in gathering market data and having CM Surratt report back for what the
cost would be to move the 17 employees to the same increased wage.
Cr. Krauss talked about the process and responsibility of setting wages and cost of living in Bozeman.
DM Mehl talked about the federal target for housing.
Mayor Andrus recognized the work of staff for pay adjustments. She talked about continuing further
review of the minimum wage for city employees.
Cr. Krauss addressed the question regarding whether this issue had been considered previously.
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2. 06:45:27 PM (00:47:14) Montana State University Team Presentation on Accessory Dwelling
Unit Project
06:45:42 PM (00:47:29) Staff Presentation
Senior Planner Courtney Johnson presented the Accessory Dwelling Unit Project, which is in
collaboration with the Montana State University (MSU) School of Architecture and aligns with Strategic
Plan Item 1.3. She presented a timeline of the project. She had the core team members introduce
themselves and talk about their hopeful outcomes.
06:56:32 PM (00:58:19) Questions of Staff
Cr. Cunningham asked staff who will be the city liaison managing the designs to be implemented and
whether the historic preservation officer will be involved.
Cr. Krauss talked about the sizing of the units and zoning requirements. He talked the issue of the ability
to take ADU’s and rent them as short term rentals.
DM Mehl thanked staff and Professor Johnson and students for working on this project.
Cr. Cunningham commented on the close collaboration and alignment with MSU as called out in the
Strategic Plan item.
Mayor Andrus thanked Professor Johnson for helping use the MSU resource to make this community
better.
CM Surratt talked about the meaning of EPIC, which is the backbone of this project, and stands for
Educational Partnerships for Innovation in Communities.
I. 07:04:21 PM (01:06:08) Action Items
1. 07:04:27 PM (01:06:14) Resolution 4948, Revising the Purpose and Structure of the
Community Affordable Housing Advisory Board (CAHAB) (Matsen)
07:04:45 PM (01:06:32) Staff Presentation
Community Development Director Marty Matsen presented the purpose of Resolution 4948 to update
the Community Affordable Housing Advisory Board (CAHAB). He stated this resolution will replace
Resolution 3540 approved by the Commission in 2002. He outlined the three main topics of change
proposed in the resolution.
07:08:09 PM (01:09:56) Questions of Staff
DM Mehl asked about Section 2 of the staff report relative to the purpose to advance the strategic plan.
He further asked about Section 2, Item Number 4 and being open to re-wording.
Cr. Pomeroy asked about the staff memo relative to the number of positions on CAHAB and specifically
the county person who owns a lot of land. She asked about a developer in the construction industry.
Cr. Cunningham asked about the driver behind the makeup of the CAHAB board relative to the
Community Development Block Grants (CDBG) rules.
Cr. Krauss asked what positions on CAHAB we are having trouble filling.
DM Mehl asked what we gain by combining the real estate positions and how the loss of expertise
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Page 5 of 11
would be made up.
Mayor Andrus asked if there has been issues with a quorum on the CAHAB.
07:24:56 PM (01:26:43) Public Comment
Mayor Andrus opened public comment.
07:25:03 PM (01:26:50) Kevin Thane, Public Comment
Mr. Thane currently sits on the CAHAB and talked about the creativity that the current CAHAB board and
their charge brings to the process of designing and promoting affordable housing.
07:28:44 PM (01:30:31) Motion to adopt Resolution 4948, revising the Purpose and Structure of the
Community Affordable Housing Advisory Board.
Deputy Mayor - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
07:29:04 PM (01:30:51) Discussion
CM Mehl requested to make a revision to Section 2, Item 4 to add words “or similar programs”.
07:29:28 PM (01:31:15) Amendment to the Motion to add language in Section 2, Item 4,…“or similar
programs…” after “revolving fund applications…”.
Deputy Mayor - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
07:29:34 PM (01:31:21) Discussion
DM Mehl pointed out it may be in the future programs are not technically Community Development Block
Grant (CDBG).
07:29:52 PM (01:31:39) Vote on the Amendment to the Motion to add language in Section 2, Item
4,…“or similar programs…” after “revolving fund applications…”. 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
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07:30:03 PM (01:31:50) Discussion
DM Mehl talked about the struggle of housing for many individuals and families in Bozeman and the
importance of the role of the CAHAB. He supports the changes.
Cr. Pomeroy will support this motion and thanked volunteers on the CAHAB and staff.
Cr. Cunningham talked about the CAHAB mandate prior to hiring an affordable housing manager and
the adjusting of roles and responsibilities with the current expertise on staff.
Cr. Krauss will be voting no and is not in favor of reducing the City Commission’s discretion.
Mayor Andrus believes the formation and structure of these boards is the responsibility of the City
Commission and to make sure they are aligned with policies and staffing. She will support the motion.
07:47:58 PM (01:49:45) Vote on the Amended Motion to adopt Resolution 4948, revising the Purpose
and Structure of the Community Affordable Housing Advisory Board, and to add language in Section 2,
Item 4,…”or similar programs” after “revolving fund applications”… The motion passed 4-1.
Deputy Mayor - Chris Mehl: 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
07:49:49 PM (01:51:36) Recess
Mayor Andrus called the Commission into recess until 8:00 PM.
07:59:56 PM (02:01:43) Call to Order
Mayor Andrus called the meeting back to order at 8:00 PM.
2. 08:00:03 PM (02:01:50) Resolution 4943, Amending the City's Annual Budget for
Wastewater Impact Fee Fund Appropriations in the Amount of $188,178.00 for the Fiscal
Year Ending June 30, 2019 (FY19) (Donald)
08:00:55 PM (02:02:42) Staff Presentation
Finance Director Kristin Donald presented the purpose of the amendment, which is the Montana State
University (MSU) reimbursement approved by the Commission on July 23, 2018 and the Norton East
Ranch interceptor for preliminary design work alternative. She explained both items will be paid for with
cash on hand, and the actuals for Norton East Ranch came in higher than estimated. Interim Public
Works Director Shawn Kohtz talked about the Norton East Ranch interceptor and the need for asking for
the budget amendment.
08:08:23 PM (02:10:10) Questions of Staff
Cr. Pomeroy asked about the difference between the MSU wastewater impact fee and MSU water
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Page 7 of 11
impact fee.
Cr. Cunningham asked whether the property north of Cattail is city or county owned.
Cr. Krauss asked about the timing of the design plan in time for the high school’s usage needs.
08:11:53 PM (02:13:40) Point of Order
Cr. Krauss inquired of ACA Stambaugh whether the motion could be split into two different motions for
purposes of voting on the refund and on the budget amendment.
08:12:37 PM (02:14:24) Questions of Staff Continued
DM Mehl asked about the lift station.
Cr. Pomeroy asked ACA Stambaugh about split motions under the same resolution.
08:17:17 PM (02:19:04) Public Comment
There was no public comment.
08:17:43 PM (02:19:30) Motion to adopt Resolution 4943 amending the City’s Annual Budget for
Wastewater Impact Fee Fund Appropriations in the Amount of $133,338.26 for the Fiscal Year Ending
June 30, 2019.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Terry Cunningham: 2nd
08:18:12 PM (02:19:59) Discussion
Cr. Pomeroy stated MSU already received a lot of benefits from the city through property taxes. She will
not support the motion.
Cr. Cunningham stated based on previous Commission discussions, the budget amendment was
expected and he will support it.
Mayor Andrus associates with Cr. Cunningham’s comments.
08:19:06 PM (02:20:53) Vote on the Motion to adopt Resolution 4943 amending the City’s Annual
Budget for Wastewater Impact Fee Fund Appropriations in the Amount of $133,338.26 for the Fiscal
Year Ending June 30, 2019. The motion passed 3-2.
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: Disapprove
Commissioner - Terry Cunningham: Approve
08:19:15 PM (02:21:02) Motion to adopt Resolution 4943 amending the City’s Annual Budget for
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Wastewater Impact Fee Fund Appropriations in the Amount of $54,840.00 for the Fiscal Year Ending
June 30, 2019.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Terry Cunningham: 2nd
08:19:34 PM (02:21:21) Discussion
Cr. Pomeroy will support the motion.
DM Mehl talked about the lack of clarity in the staff memo and requested more details for the future.
Cr. Krauss talked about regular updates to future developments coming back to the Commission.
CM Surratt confirmed staff will bring back updates at an early future date.
Mayor Andrus associated with Cr. Krauss’ comments. She will support the motion.
08:22:24 PM (02:24:11) Vote on the Motion to adopt Resolution 4943 amending the City’s Annual
Budget for Wastewater Impact Fee Fund Appropriations in the Amount of $54,840.00 for the Fiscal
Year Ending June 30, 2019. 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
3. 08:22:36 PM (02:24:23) Resolution 4944, Amending the City's Annual Budget for Water
Impact Fee Fund Appropriations in the Amount of $371,408.51 for the Fiscal Year Ending
June 30, 2019 (FY19) (Donald)
08:22:53 PM (02:24:40) Staff Presentation
Finance Director Kristin Donald presented the purpose of the budget amendment, which is for the MSU
reimbursement approved by the Commission on July 23, 2018 impacting the Water Impact Fee Fund.
She explained that the revenues came in higher than estimated so the fund balance is larger than
predicted in the budget. This item will be paid for by cash on hand.
08:23:18 PM (02:25:05) Questions of Staff
DM Mehl asked whether any other numbers changed or if they are as presented earlier in the summer.
08:23:49 PM (02:25:36) Public Comment
There was no public comment.
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08:23:56 PM (02:25:43) Motion to adopt Resolution 4944, amending the City's Annual Budget for
Water Impact Fee Fund Appropriations in the Amount of $371,408.51 for the Fiscal Year Ending June
30, 2019.
Commissioner - Terry Cunningham: Motion
Commissioner - Jeff Krauss: 2nd
08:24:18 PM (02:26:05) Discussion
Cr. Cunningham stated it was known that previous discussions would result in a budget amendment, and
he will vote in favor.
Cr. Krauss stated at the time of discussion, it was known the vote would be split, and he will be on the
other side.
08:24:38 PM (02:26:25) Vote on the Motion to adopt Resolution 4944, amending the City's Annual
Budget for Water Impact Fee Fund Appropriations in the Amount of $371,408.51 for the Fiscal Year
Ending June 30, 2019. The motion passed 3-2.
Commissioner - Terry Cunningham: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Disapprove
Commissioner - I-Ho Pomeroy: Disapprove
Commissioner - Terry Cunningham: Approve
4. 08:24:51 PM (02:26:38) Resolution 4947, Amending the City's Annual Budget for
Wastewater Fund Appropriations in the Amount of $63,005.00 for the Fiscal Year Ending
June 30, 2019 (FY19) (Donald)
08:25:07 PM (02:26:54) Staff Presentation
Finance Director Kristin Donald stated the purpose of the budget amendment, which is for design work
regarding some flood damage and will be paid for by cash on hand. Senior Engineer Brian Heaston
presented a brief background on why Engineering is requesting $63,000 from the Wastewater Fund to
remedy an issue during height flows in the spring on the East Gallatin River. He stated the Department
of Environmental Quality is not requiring the design.
08:36:05 PM (02:37:52) Questions of Staff
DM Mehl talked about a cooperative effort between the city and the neighbors for cost share. He asked
about the concern of taking away their water right.
Cr. Pomeroy asked about the procedure of changing the current water flow.
Cr. Cunningham asked about a possible funding source or beneficiary who might have a vested interest
in keeping it open. He asked about posting notices regarding fishing in City-owned waters.
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Mayor Andrus asked whether there are currently people fishing in this area. She asked about added costs
in the design work if FEMA gets involved.
CM Surrat suggested since this is dollars for design that a design be put in place and then have staff come
back with an update and a process for next steps.
Cr. Cunningham asked that if the design moves forward without FEMA involvement, will the design be
worth anything if we discover FEMA does have to get involved.
08:49:38 PM (02:51:25) Public Comment
There was no public comment.
08:49:44 PM (02:51:31) Motion to adopt Resolution 4947, amending the City's Annual Budget for
Wastewater Fund Appropriations in the Amount of $63,005.00 for the Fiscal Year Ending June 30,
2019.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Chris Mehl: 2nd
08:49:57 PM (02:51:44) Discussion
Cr. Krauss stated it is the city’s responsibility to change it in an environmentally responsible way.
DM Mehl associates with other comments but is interested in a cost share approach with the neighbors.
Cr. Pomeroy agrees this is necessary and will support it.
Cr. Cunningham talked about keeping in mind the worst possible scenario of FEMA involvement during
the design process and encourages all possible funding sources for construction specifically.
Mayor Andrus think it’s our responsibility and looking for additional funding is also of interest to her.
08:52:21 PM (02:54:08) Vote on the Motion to adopt Resolution 4947, amending the City's Annual
Budget for Wastewater Fund Appropriations in the Amount of $63,005.00 for the Fiscal Year Ending
June 30, 2019. 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
J. 08:52:31 PM (02:54:18) FYI / Discussion
• Cr. Krauss talked about a public comment from a property owner on West Babcock with
regard to lack of sewer capacity and inability to develop. Cr. Krauss would like a map of
development restrictions, as he does not believe the city has been transparent in
communicating moratoriums on development.
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K. 08:54:21 PM (02:56:08) Adjournment
Mayor Andrus adjourned the meeting at 8:55 PM.
35
Page 1 of 8
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, August 20, 2018
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, Deputy
City Clerk Brenda Sweeney
A. 06:00:01 PM (00:01:13) 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. 06:00:16 PM (00:01:28) Pledge of Allegiance and a Moment of Silence
C. 06:00:56 PM (00:02:08) Changes to the Agenda
There were no changes to the agenda.
D. 06:01:03 PM (00:02:15) Public Service Announcements
1. No City Commission Meetings on August 27, 2018 and September 3, 2018, and Closure of City
Offices on September 3, 2018 (Sweeney)
E. 06:01:18 PM (00:02:30) FYI
There was no Commission FYI.
F. 06:01:29 PM (00:02:41) Commission Disclosures
There were no Commission disclosures.
G. 06:01:35 PM (00:02:47) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
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Bozeman City Commission Meeting DRAFT MINUTES, August 20, 2018
Page 2 of 8
2. Approve an On-Premises Beer and Wine License for The RSVP Motel, LLC of Bozeman,
Montana to Sell Beer and Wine at 510 North 7th Avenue for Calendar Year 2018 (Portnell)
3. Formal Cancellation of the August 27, 2018 and September 3, 2018 City Commission Meetings
(Crough)
4. Authorize the Mayor to Sign a Montana Department of Commerce, Big Sky Economic
Development Trust Fund Program Grant Award to FreeAgent, Contract Number MT-BSTF-1-
19-08 (Fontenot)
5. Authorize the Mayor to Sign a Montana Department of Commerce, Big Sky Economic
Development Trust Fund Program Grant Award to the Profitable Ideas Exchange (“PIE”),
Contract Number MT-BSTF-1-19-06 (Fontenot)
6. Authorize the Mayor to Sign a Montana Department of Commerce, Big Sky Economic
Development Trust Fund Program Grant Award to XY Planning Network, Contract Number
MT-BSTF-1-19-07 (Fontenot)
7. Authorize the City Manager to Sign a Contract Agreement with K&E Enterprises, Inc. for the
Lead Service Line Removal and Replacement Project (Murray)
8. Authorize the City Manager to Sign a Lift Station Agreement and Public Access Easement with
Rosa Johnson Development, LLC for the Boulder Creek Phase 1 Subdivision (Rogers)
9. Authorize the City Manager to Sign a Memorandum of Agreement, Public Use Easement, and
Waiver Valuation with Gallatin Valley Presbyterian Church for Construction of Improvements
to the Durston Road and Ferguson Avenue Intersection (Kohtz)
10. Authorize the City Manager to Sign a Memorandum of Agreement, Public Use Easement, and
Waiver Valuation with S. and G. Lindblom and C. and C. Croskey for Construction of
Improvements to the Durston Road and Ferguson Avenue Intersection (Kohtz)
11. Authorize the City Manager to Sign a Professional Services Agreement with Advanced
Engineering and Environmental Services, Inc. (AE2S) for the Pear Street Booster Station
Rehabilitation Project (Heaston)
12. Ratify the Assistant City Manager's Signature on a License Agreement with Greenspace
Landscaping, Inc. for the Use of City Property for the Installation of a Walking Labyrinth at the
Bozeman Public Library (Winn)
13. Resolution 4951, Authorizing Change Order Number 1 with Williams Brother Construction,
LLC for the Water Reclamation Facility (WRF) Small Works Construction Project (Heaston)
14. Resolution 4952, Authorizing Change Order Number 2 with Williams Brother Construction,
LLC for the Water Reclamation Facility (WRF) Small Works Construction Project (Heaston)
06:01:40 PM (00:02:52) City Manager Overview
CM Surratt provided a summary of the highlights of the consent agenda.
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Page 3 of 8
06:02:44 PM (00:03:56) Public Comment
There was no public comment.
06:02:58 PM (00:04:10) Motion and Vote to approve Consent Items 1-14 as submitted. 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
H. 06:03:19 PM (00:04:31) Public Comment
Mayor Andrus opened public comment.
06:03:54 PM (00:05:06) Andy Boyd, Public Comment
Mr. Boyd thanked the Commission for swiftly moving on the minimum wage increase for city employees
and talked about even higher minimum wages.
06:06:59 PM (00:08:11) Ben Hahn, Public Comment
Mr. Hahn is here to join the conversation about the $15.00 minimum wage increase request and getting
it on the agenda on September 10th.
06:08:35 PM (00:09:47) Zeth Stone, Public Comment
Mr. Stone represents the Democratic Socialists of America and congratulated the Commissioners and City
Manager for showing leadership regarding the minimum wage issue.
06:10:13 PM (00:11:25) Jesse Klein, Public Comment
Ms. Klein expressed her gratitude to the Commission for their response about the minimum wage for city
employees.
06:12:18 PM (00:13:30) Garrett Egner, Public Comment
Mr. Egner is a graduate of MSU and an engineer in Bozeman. He talked about the difficulty of MSU
graduates staying in Bozeman due to prohibitive living expenses.
06:14:04 PM (00:15:16) Mark Fiji, Public Comment
Mr. Fiji works in Bozeman and thanked the Commission for raising the wages of the lowest paid city
employees and talked about the much larger national problem.
06:15:32 PM (00:16:44) John Thiesen, Public Comment
Mr. Thiesen asked the Commission to vote for the minimum wage increase for city employees as soon as
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possible.
06:16:02 PM (00:17:14) Julia Thibus, Public Comment
Ms. Thibus thanked the Commission for listening to several presentations regarding the living wage issue
requested to get this on the agenda as soon as possible.
06:18:26 PM (00:19:38) Zachary Krum, Public Comment
Mr. Krum talked about the pleasure of growing up in Montana and his thoughts about the shame that
such low wages are accepted.
I. 06:19:58 PM (00:21:10) Other Public Hearing
1. 06:20:06 PM (00:21:18) Bozeman School District 7 Van Winkle Football Stadium Site Plan
Agency Exemption Public Hearing, Applications 18192 and 18265 (Johnson)
06:20:46 PM (00:21:58) Staff Presentation
Senior Planner Courtney Johnson introduced the presentation for the agency exemption hearing for
Bozeman High School Van Winkle Stadium Improvements. She outlined the Major School Development
Review process and site plan review timeline. She presented a highlight of the project including two
phases and seven exemptions in total. She talked about next steps.
06:32:22 PM (00:33:34) Applicant Presentation
Jeff Lusin, Principal and Project Manager with NE45 Architecture, reviewed the design tasks and
programming processes for a multi-use stadium with traffic improvements for Bozeman High School. He
reviewed UDC Exemptions for the stadium and the project in detail.
06:44:46 PM (00:45:58) Clarification of Public Hearing
Mayor Andrus reminded the public that this is a formal hearing required by the Commission but they do
not take any action on this item. This is an opportunity for the public to ask questions or express their
views during public comment time as well as the Commission to ask questions.
06:45:09 PM (00:46:21) Questions of Staff
DM Mehl asked for the three reasons to do phasing. He asked how long the school has known they need
right-of-way for 15th Avenue. He asked about the traffic impact study. He asked about the number of
parking stalls. He asked about approaching a PUD process.
06:53:48 PM (00:55:00) Questions of Applicant
DM Mehl asked Mr. Lusin asked about the non-motarized circulation exemption. He asked about other
safety measures. He asked Andy Willett, Chair of the Bozeman School Board, about the consequences of
Phase 2 not being developed and the school board’s interest in a PUD.
07:03:36 PM (01:04:48) Questions of Staff continued
Cr. Krauss asked detailed questions about the traffic study. He asked about an east/west bike or
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pedestrian path through the site plan.
Cr. Cunningham asked staff about the two exemptions regarding parking lot screening and landscaping.
He asked about the philosophy behind breaking up parking lots with landscaping. He asked whether
there was a safety study for students using roundabouts.
Mayor Andrus asked whether the traffic study was done during school time. She asked Mr. Willett
whether they had considered having an agreement with MSU for use of their field.
Cr. Krauss asked about full access for public safety vehicles. He asked about hosting tournaments in the
stadium.
Cr. Pomeroy asked CA Sullivan for clarification regarding the Commission’s rights for this public hearing.
Cr. Krauss stated the Commission does have power to officially act to express pleasure or displeasure
about certain elements of this submission.
07:28:38 PM (01:29:50) Public Comment
Mayor Andrus opened public comment.
07:28:53 PM (01:30:05) Glenn Monahan, Public Comment
Mr. Monahan lives one block from the high school and talked about how he impacted by decisions the
school district makes.
07:33:16 PM (01:34:28) Nancy Schultz, Public Comment
Ms. Schultz talked about her concerns about the multi-sports stadium and the need for a publicly vetted
plan.
07:36:27 PM (01:37:39) Michael Coster, Public Comment
Mr. Coster wanted to know where the buses will park for sporting events. He talked about the use of the
old stadium and an endorsement of a master plan for the high school.
07:37:44 PM (01:38:56) Abigail Bruer, Public Comment
Ms. Bruer talked about responsible use of school property toward the safety of students and the
addition of a stadium to a piece meal addition.
07:41:09 PM (01:42:21) Chris Wasia, Public Comment
Mr. Wasia talked about mitigating impacts of moving the stadium away from Main Street and parcels
potentially being sold to developers. He talked about the parking stall count.
07:44:46 PM (01:45:58) Clarification by Applicant
Mr. Willett commented on master planning and stadium committee group meetings. He talked about
the improvement of intrusive lights and the announcement of games, as well as the addition of interior
space to alleviate 11th. He talked about the impact on 15th residents. He talked about the number of
parking spaces needed on a daily basis. Kyle Scar, with TD&H Engineering, provided clarification on
parking lot distances.
07:50:43 PM (01:51:55) Discussion
Cr. Krauss talked about this being an opportunity for the school district to listen to the neighbors and
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take a larger view. He talked about public safety issues and responsibility.
Cr. Cunningham talked about the collaborative effort in this joint project with the community and
school district and all the work done toward it. He talked about the phasing and traffic control issues.
Cr. Pomeroy talked about the growing student population and the health of the community. She talked
about trusting the school district to make the right decisions.
DM Mehl acknowledged the success of the project and addressed the Memorandum of Understanding
between the city and school district. He talked about a lack of addressing public safety according to city
regulations and standards.
Mayor Andrus talked about the school district coming to the Commission some day with solutions
instead requests for exceptions.
08:15:10 PM (02:16:22) Recess
Mayor Andrus called the Commission to recess until 8:25 PM.
08:25:12 PM (02:26:24) Call to Order
Mayor Andrus called the meeting back to order at 8:25 PM.
Motion: No motion is required.
J. 08:25:19 PM (02:26:31) Action Items
1. 08:25:21 PM (02:26:33) Continue the Maple Terrace Zone Map Amendment to September
17, 2018, Application 18217 (Jadin)
08:25:40 PM (02:26:52) Public Comment
There was no public comment.
08:25:51 PM (02:27:03) Motion and Vote to continue the public hearing on application 18217, Maple
Terrace Zone Map Amendment from August 20, 2018 to September 17, 2018. The motion passed 5-0.
Commissioner - I-Ho Pomeroy: 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. 08:26:21 PM (02:27:33) Presentation of Preliminary Information and Policy Questions for
Water and Wastewater Rate Studies (Donald)
08:27:19 PM (02:28:31) Staff Presentation
Finance Director Kristin Donald introduced the project and presentation. She explained the project was
kicked off in December, 2017 after conducting Requests for Proposals (RFPs) in August, 2017. Staff has
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been working with Advanced Engineering and Environmental Services, Inc. (AE2S) who is presenting
their work tonight with important questions that will shape their final report. Shawn Getty with AE2S
Nexus, sister company to AE2S, presented the Water and Wastewater Utility System Cost of Service and
Rate Design Study. Mr. Getty presented interim recommendations regarding key policy decisions for the
water utility. The Commission asked a series of questions following each section of the presentation
with regard to recommendations on the rate structure of the water and wastewater utility system in the
city.
10:00:07 PM (04:01:19) Meeting Extension
Mayor Andrus extended the meeting to 10:15 PM.
10:00:52 PM (04:02:04) Questions of Presenter
Cr. Cunningham asked about the definition of “drought” and who declares that.
DM Mehl asked about the drought reserve versus a model for revenue loss.
Cr. Krauss asked about affected users when suggested changes are made.
Cr. Pomeroy asked whether low income people would be able to pay a little bit less.
10:06:05 PM (04:07:17) Discussion
Mayor Andrus asked the Commission if they want to direct staff, have another policy discussion.
DM Mehl is comfortable with a short-term recommendation with a final decision six months from now.
Cr. Krauss talked about a rate increase needing to come in front of the commission. He talked about
larger questions requiring more information.
Cr. Cunningham would like to see an implementation plan regarding an educational component in
communicating it to the public.
Cr. Pomeroy agrees.
Mayor Andrus would like the Commission to have a separate policy discussion.
CM Surratt asked about the timeline about the policy discussion. The Commission confirmed late fall.
She asked whether the short-term amount would be something to consider on September 10th with the
next fiscal year final budget resolution. The Commission confirmed.
Cr. Cunningham requested any new information or data be provided well in advance of the meeting.
Cr. Krauss thought all the information presented tonight was good.
Cr. Pomeroy asked about the Hope House budget for the September 10th agenda.
Motion: No motion is required. Advertised as an Action Item so the Commission may direct staff and
consultant as necessary.
3. 10:13:16 PM (04:14:28) Appointment(s) to the Design Review Board (DRB) (Sweeney)
10:13:18 PM (04:14:30) Motion to appoint Brady Ernst to the Architect position with a term ending
June 30, 2020, Christopher Keil to the Landscape Architect/Design position with a term ending June 30,
2020, Peter Costanti to a Non-Professional position with a term ending June 30, 2020 and Troy Scherer
to a Non-Professional position with a term ending June 30, 2020 on the Design Review Board.
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Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
10:13:43 PM (04:14:55) Vote on the Motion to appoint Brady Ernst to the Architect position with a
term ending June 30, 2020, Christopher Keil to the Landscape Architect/Design position with a term
ending June 30, 2020, Peter Costanti to a Non-Professional position with a term ending June 30, 2020
and Troy Scherer to a Non-Professional position with a term ending June 30, 2020 on the Design
Review Board. The motion passed 5-0.
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: Approve
Commissioner - Terry Cunningham: Approve
K. 10:13:51 PM (04:15:03) FYI/Discussion
Cr. Krauss talked about lack of noise towards Bozeman’s taxable value.
L. 10:15:32 PM (04:16:44) Adjournment
Mayor Andrus adjourned the meeting at 10:15 PM.
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