HomeMy WebLinkAbout08-13-18 City Commission Minutes G q'�
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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 18tn
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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Bozeman City Commission Meeting Minutes,August 13,2018
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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Bozeman City Commission Meeting Minutes,August 13,2018
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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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.
DeputV 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...".
DeputV MaVor-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.
DeputV Mayor-Chris Mehl: Motion
Commissioner-I-Ho Pomeroy: 2nd
Mayor-Cynthia Andrus:Approve
DeputV 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-1-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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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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Bozeman City Commission Meeting Minutes,August 13,2018
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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Bozeman City Commission Meeting Minutes,August 13,2018
K. 08:54:21 PM (02:56:08)Adjournment
Mayor Andrus adjourned the meeting at 8:55 PM.
C thia L.Andrus
Mayor
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