HomeMy WebLinkAbout01-07-19 City Commission Packet Materials - MIN. December 2018 MinutesCommission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Robin Crough, City Clerk
Andrea Surratt, City Manager
SUBJECT: Approve the Regular Meeting Minutes from December 3, December
10, and December 17, 2018, and User Access to Linked Minutes
MEETING DATE: January 7, 2019
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 December 3, 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 December 10, 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 December 17, 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 City Commission Minutes as submitted.
SUGGESTED MOTION: I move to approve the City Commission minutes from December 3,
December 10, and December 17, 2018 as submitted.
BACKGROUND: 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
• Better access of meeting information for staff and the public
• Time savings
• Streamlined approach to citizen involvement and public comment
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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 December 28, 2018
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, December 03, 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/Table: City Manager (CM) Andrea Surratt, City Attorney (CA) Greg Sullivan,
Deputy City Clerk Brenda Sweeney, Finance Director (FD) Kristin Donald, Assistant City Manager (ACM)
Anna Rosenberry
A. 06:00:00 PM (00:01:48) 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 (00:02:04) Pledge of Allegiance and a Moment of Silence
C. 06:01:03 PM (00:02:51) Changes to the Agenda
There were no changes to the agenda, but CM Surratt will request a change to Action Item I. at the
time.
D. 06:01:22 PM (00:03:10) FYI
• Cr. Pomeroy referred to an article in yesterday’s Bozeman Daily Chronicle regarding a Federal
Opportunity Zone. She asked CM Surratt for a study relative to how the zone would work with
HRDC or MSU to utilize affordable housing opportunities.
E. 06:02:13 PM (00:04:01) Commission Disclosures
There were no commission disclosures.
F. 06:02:23 PM (00:04:11) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
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2. Adopt the Library Depreciation Fund Capital Improvement Plan (CIP) for Fiscal Years 2020-
2024 (Donald)
3. Adopt the Wastewater Fund Capital Improvement Plan (CIP) for Fiscal Years 2020-2024
(Donald)
4. Adopt the Water Impact Fee Fund Capital Improvement Plan (CIP) for Fiscal Years 2020-2024
(Donald)
5. Authorize the City Manager to Sign an Irrigation Pipeline Easement with the Maynard Border
Pipeline Group for the Maynard Border Irrigation Pipeline at the Sports Park (Cooper)
6. Authorize the City Manager to Sign Amendment 1 to the Professional Services Agreement
with AE2S Nexus, LLC for Water and Wastewater Rate Design Studies (Donald)
7. Authorize the City Manager to Sign Amendment 9 to the Professional Services Agreement
with Morrison-Maierle, Inc. for the North 7th Avenue Lighting and Sidewalk Project (Fine)
8. Ratify the City Manager’s Signature on a Professional Services Agreement with GovHR USA
for an Affordable Housing Program Manager Limited Recruitment (Norby)
9. Resolution 4981, Authorizing the City Manager to Sign Change Order Number G-4 with Vertex
Electric, Inc. for the Lyman Spring Junction Box and Controls Improvements Project (Heaston)
10. Ordinance 2016 Provisional Adoption, the Maple Terrace Zone Map Amendment to Rezone
0.81 Acres from R-1, Residential Low Density, to R-O, Residential Office, Generally Located
Along West Durston Street East of North 19th Avenue, Application 18217 (Jadin)
11. Ordinance 2015 Final Adoption, the 16th and Olive Zone Map Amendment Designating 0.59
Acres as R-5, Residential Mixed-Use High Density, Located at 1608 West Olive Street and 215
South 16th Avenue, Application 18323 (Garber)
06:02:27 PM (00:04:15) City Manager Overview
CM Surratt discussed the highlights of the consent agenda.
06:03:18 PM (00:05:06) Public Comment
Mayor Andrus opened public comment.
06:03:35 PM (00:05:23) Mary Dell Joyner, Public Comment
Ms. Joyner lives in the Maple Terrace Subdivision and spoke on Consent Agenda Item F-10. She talked
about the conflict between recorded covenants and the growth supported by the commission as well as
written protests submitted with regard to the zoning.
06:05:48 PM (00:07:36) Motion and Vote to approve Consent Items 1-11 as submitted. The motion
passed 5-0.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Cynthia Andrus: Approve
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Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
06:06:10 PM (00:07:58) Public Comment
There was no public comment.
G. 06:06:54 PM (00:08:42) Special Presentation
1. Data Visualization Presentations for the Downtown Dashboard and the Urban3 Storyboard
(Fontenot/Naumann)
06:07:18 PM (00:09:06) Staff Presentation
Economic Development Director Brit Fontenot and Downtown Bozeman Executive Director Chris
Naumann conducted a data visualization presentation for the Downtown Dashboard and Urban 3
Storyboard. Mr. Fontenot directed the commission to the city’s web site where they can view the details
of the data. He talked about how the data overlaps with the commission’s strategic plan initiatives. Mr.
Naumann reviewed another data project, which is a city intelligence tool, he has worked on with the city’s
Economic Development Department.
06:26:06 PM (00:27:54) Questions of Staff
Cr. Cunningham asked Mr. Naumann how the downtown plan and community plan can be connected
regarding the data being collected.
Cr. Krauss commented about using the consultant’s analysis as a planning tool. He commented on how
taxes are applied in cities.
DM Mehl appreciates both tools and sees many data points that better help us understand our
community. He talked about a margin of error.
Mayor Andrus expressed her thanks for information and agrees that the more information we acquire
helps us make good decisions going forward.
H. 06:34:05 PM (00:35:53) Action Items
1. 06:34:06 PM (00:35:54) Resolution 4972, Stating Conditions Necessary for the City
Commission to Consider Annexation of Property Located within the Riverside Water and
Sewer District (Winn)
06:34:25 PM (00:36:13) Staff Presentation
ACM Chuck Winn presented Resolution 4972 and a request for the commission’s consideration to move
the resolution to a date to be determined after the first of the year. ACM Winn explained the
justification for the delay involving insufficient review time allowed to district residents of a set of
proposed edits by other district residents. ACM Winn commented that ongoing conversations have been
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positive and he sees no negatives effects delaying a few more weeks to bring back a more thoroughly
reviewed resolution.
06:35:53 PM (00:37:41) Questions of Staff
Cr. Krauss asked for confirmation that this is something the residents initiated with the city.
06:36:28 PM (00:38:16) Public Comment
There was no public comment.
06:36:39 PM (00:38:27) Motion to direct the City Manager to continue to work with the District on
final edits to draft Resolution 4972 and bring it back for City Commission consideration in January or
another date as determined by the City Commission’s agenda calendar.
Commissioner - Jeff Krauss: Motion
Commissioner - I-Ho Pomeroy: 2nd
06:37:06 PM (00:38:54) Discussion
Cr. Krauss wants to get on record that this is something the district residents are doing to solve some
serious environmental issues, and he applauds the people working on it. He talked about a timeline.
Cr. Pomeroy agrees with Cr. Krauss that if they want to come into city we would welcome them. She will
support the motion.
Cr. Cunningham echoed the appreciation for the amount of work that has gone into this by staff
involving the multi-faceted elements of an annexation.
Mayor Andrus thinks it’s important we recognize the amount of time spent on this and hopes these
issues will be resolved.
06:39:51 PM (00:41:39) Vote on the Motion to direct the City Manager to continue to work with the
District on final edits to draft Resolution 4972 and bring it back for City Commission consideration in
January or another date as determined by the City Commission’s agenda calendar. The motion passed
5-0.
2. 06:40:00 PM (00:41:48) Ordinance 2013 Provisional Adoption, Modifications to the
Bozeman Municipal Code Related to Effective Public Parking Management and Enforcement
Activities (Meece)
06:40:15 PM (00:42:03) Staff Presentation
Parking Program Manager Ed Meece presented Ordinance 2013 and stated this has been a collaboration
between several internal departments that will provide the ability to effectively manage and enforce
public parking regulations. He presented the background of the ordinance. He talked about residential
and commercial growth in Bozeman. Mr. Meece highlighted the major modifications to the ordinance.
ACA Tim Cooper presented a short history of the Montana Legislature’s allowance of municipalities to
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change criminal violations into municipal infractions. He further explained a disconnect between parking
tickets and municipal infractions.
06:50:58 PM (00:52:46) Questions of Staff
Cr. Pomeroy asked about the amount of vehicles towed last winter as a result of amount of snow. She
asked whether city agents’ authorization will improve the parking situation. She asked about the
temporary on-street parking permit. She asked about the maximum parking time increase.
Cr. Cunningham asked ACA Cooper about the change from infractions to violations of code and whether
this will reduce police time when they get caught up in court. He asked about the language regarding
outstanding fine and residential parking permits. He asked Mr. Meece about the change in parking time
from 48 to 72 hours.
DM Mehl asked about codification of temporary rules. He asked who sets parking policy currently and
how this is resolved with a conflict in language in the proposed ordinance.
CA Sullivan clarified the commission’s position with authority over the city issues versus the Parking
Commission’s authority over the parking districts and why the ordinance was drafted in such a way.
DM Mehl asked if there is anything that happening today that would not happen if he offered an
amendment.
CA Sullivan clarified the reason for this discussion is because the provisions are ordinance based and
need to be codified, and the Parking Commission does not have authority to do so.
DM Mehl stated the proposed amendment could read “in accordance with guidance established by the
city commission and implemented by the parking commission…”
Cr. Krauss suggested the rules would have to be changed if the amendment were to be adopted as
stated by DM Mehl. He asked CA Sullivan if codification where the City Commission makes all the rules
would burden the commission.
CA Sullivan explained items that have been placed in the Municipal Code which the Parking Commission
does not have authority to change versus administration issues they have been given authority over.
Cr. Krauss asked about the lumps of snow which caused the streets to grow shut last year relative to
whether that will change with these new regulations of the allowed parking time.
ACA Cooper talked about provisions for towing in code.
Cr. Krauss asked about the role of MSU Police in enforcing the parking area. He asked about regulations
for temporary parking and a 30-minute loading/unloading zone. He asked if there is a way to target the
problematic commercial trucks versus people moving into their homes.
Mayor Andrus asked about the impact of changing the language to DM Mehl’s amendment.
Cr. Cunningham asked for clarification regarding language in Section 36.04.380 relative to a specific
program within the parking program relative to temporary permits for on street parking.
DM Mehl clarified the amendment. He asked that if the commission gives broad guidelines to the
Parking Commission whether they would be constrained by his suggested amendment.
CA Sullivan clarified the authority recognized in the ordinance. He talked about the City Commission
granting specific authority on certain actions.
ACA Cooper clarified why this particular ordinance was amended.
DM Mehl expressed confusion and asked for clarification on Section 8 regarding enforcement and the
section regarding creating guidelines.
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CA Sullivan talked about the enforcement of regulations.
07:49:07 PM (01:50:55) Public Comment
Mayor Andrus opened public comment.
07:49:18 PM (01:51:06) Rich McLain, Public Comment
Mr. McLain clarified he is not speaking on behalf of the Police Department. He talked about his liaison
role between the police and the Parking Commission during his time in the Police Department. He talked
about the perception of fairness of issuing the parking tickets and due process.
07:52:39 PM (01:54:27) Motion to provisionally adopt Ordinance 2013, amending parking and
enforcement provisions of the Bozeman Municipal Code.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Terry Cunningham: 2nd
07:53:01 PM (01:54:49) Discussion
Cr. Pomeroy stated this new ordinance looks like a good tool for improving parking and supports it.
Cr. Cunningham appreciates code review and applicability as well as improvements to keep things
moving in the community. He thinks moving it to a code violation has its benefits. He supports the
change from 48 to 72 hours.
DM Mehl agrees with staff’s recommendation and appreciate the work done on it. He clarified the
intent of his question. He talked about the potential for requests from other boards to have authority.
He talked about where the City Commission will or will not have involvement.
Cr. Krauss talked about his vote against creating a parking commission at the time. He talked about the
behavior of vendors in the alleys versus people moving into their homes.
Mayor Andrus will support these changes and disagrees with the notion that the Parking Commission
does not make changes as asked to. She talked about changes.
DM Mehl will support the changes and talked about the good job of the Parking Commission. He talked
about rules being meant to be in place for a long time.
08:09:09 PM (02:10:57) Amendment to the Motion to add language in Section 36.04.080, B., at the end
of the sentence to read “…with review by the City Commission.”
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
08:09:53 PM (02:11:41) Discussion
DM Mehl talked about the potential options for the review process by the City Commission.
Cr. Krauss read an excerpt from the staff memo describing the work of the staff. He talked about places
where the Parking Commission has jurisdiction. He will support the amendment.
Cr. Pomeroy talked about the districts that have their own authority, and she will not support the
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amendment.
Cr. Cunningham will not support the amendment because it applies only to temporary regulations.
DM Mehl talked about responsibility of actions. He talked about the expectation of boards coming to
the commission for a review.
Mayor Andrus will support the amendment and talked about the need to understand where each
commission has its authority.
08:19:39 PM (02:21:27) Vote on the Amendment to the Motion to add language in Section 36.04.080,
B., at the end of the sentence to read “…with review by the City Commission.” The motion passed 3-2.
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: Disapprove
Commissioner - Terry Cunningham: Approve
08:19:55 PM (02:21:43) Vote on the Motion as Amended to provisionally adopt Ordinance 2013,
amending parking and enforcement provisions of the Bozeman Municipal Code, and to add language
in Section 36.04.080, B., at the end of the sentence to read “…with review by the City Commission.”
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
08:20:05 PM (02:21:53) Commission Recess
Mayor Andrus called the Commission into recess until 8:30 PM.
08:29:35 PM (02:31:23) Call to Order
Mayor Andrus called the meeting back to order at 8:30 PM.
3. 08:29:41 PM (02:31:29) Wastewater Impact Fee Fund Capital Improvement Plan (CIP) for
Fiscal Years 2020-2024 (Donald)
08:29:57 PM (02:31:45) Staff Presentation
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FD Kristin Donald presented the Wastewater Impact Fee Fund Capital Improvement Plan for FY 2020-
2024. She noted that the Impact Fee Advisory Fee Committee had one recommendation which staff
agreed with and is included in the packet. She reviewed the financial summary, revenue projections and
project summary. She reviewed a map of the impact fee projects. FD Donald, ACM Rosenberry and City
Engineer Bob Murray answered questions of the commission.
08:32:58 PM (02:34:46) Questions of Staff
Mayor Andrus asked about the major differences in projects in the last two years and whether the
“starred” projects referenced are the same ones being discussed.
Cr. Cunningham asked about the $5.2M of Norton East Ranch outfall diversion interceptor.
Cr. Krauss asked whether new funds are being used to make sure the toilets flush at the new high
school. He asked about the projects that have not been done due to prioritization of this program. He
asked if infill projects are being done.
Cr. Pomeroy asked about the current level of $10,000 increased to $25,000 and why not increase
gradually. She asked about impact on other funds.
Mayor Andrus asked about the Norton Ranch regarding whether the Davis Lift Station is completed. She
asked about the Davis/Fowler Interceptor.
Cr. Krauss asked whether we have places where infill projects are being proposed that are surrounded
by roundabouts due to capacity issues.
08:50:03 PM (02:51:51) Staff Update
Economic Development Director Brit Fontenot talked about urban renewal projects currently in the
works.
08:51:29 PM (02:53:17) Question of Staff Continued
Cr. Krauss continued to ask about waste water issues.
CM Surratt talked about the update on the sewer hydraulic model for 2020.
Cr. Krauss talked about the message we’re sending about development in a certain area as opposed to
infill.
CM Surratt talked about the purpose of the project being upsizing and replacing a current sewer line in
this area.
09:00:31 PM (03:02:19) Public Comment
There was no public comment.
09:00:42 PM (03:02:30) Motion to adopt the Wastewater Impact Fee Fund Capital Improvement Plan
(CIP) for Fiscal Years 2020-2024.
Commissioner - Terry Cunningham: Motion
Deputy Mayor - Chris Mehl: 2nd
09:00:55 PM (03:02:43) Discussion
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Cr. Cunningham will vote in support of the motion. He commented our capital plan should follow our
community plan. He expressed concerns over growth to the west and a future decision of where we
need a second wastewater treatment plant.
DM Mehl will also support the motion and talked about the appropriateness of the projects. He talked
about sequential infill. He talked about the possible location of a future wastewater plant.
Cr. Krauss will vote for this and talked about this being an illustration of the future as we see it relative
to growth of a new high school, new roads and new sewer projects.
Cr. Pomeroy agrees with Cr. Krauss about the importance of infill projects. She talked about a consistent
increase of the CIP and will support the motion.
Mayor Andrus will support this as well and talked about the need to continue building the infrastructure
for the new high school.
09:14:42 PM (03:16:30) Vote on the Motion to adopt the Wastewater Impact Fee Fund Capital
Improvement Plan (CIP) for Fiscal Years 2020-2024. 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
4. 09:14:56 PM (03:16:44) Water Fund Capital Improvement Plan (CIP) for Fiscal Years 2020-
2024 (Donald)
09:15:11 PM (03:16:59) Staff Presentation
FD Kristin Donald reviewed the financial summary and talked about modifications in the plan. She
mentioned a 3% growth in revenues. She reviewed the project summary and a map of the construction
projects involved. FD Donald, ACM Rosenberry, City Engineer Brian Heaston and City Engineer Bob
Murray answered questions of the commission.
09:17:38 PM (03:19:26) Questions of Staff
DM Mehl asked staff to explain specific project components given all the money being spent.
Cr. Krauss asked if we are in a sustainable repair or replace with the $1.2M per year. He asked about the
newest pipe that needs to be replaced.
Cr. Pomeroy talked about the city’s response to growth and asked about the city’s ability to provide
quality and quantity of water into the future. She asked about the incremental range for current
revenue dedicated to the CIP percent.
09:36:03 PM (03:37:51) Staff Update
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Water Conservation Specialist Jessica Ahlstrom provided context to some of the water conservation CIP
items.
09:37:23 PM (03:39:11) Questions of Staff Continued
Mayor Andrus asked about last year’s projected reserve balance dedicated to the CIP versus this year’s
balance.
09:38:44 PM (03:40:32) Public Comment
There was no public comment.
09:38:59 PM (03:40:47) Motion to adopt the Water Fund Capital Improvement Plan (CIP) for Fiscal
Years 2020-2024.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
09:39:13 PM (03:41:01) Discussion
DM Mehl talked about the expense of infrastructure and the importance of water. He thinks the right
programs are being done and will support the motion.
Cr. Krauss looks forward to the 31% in the general fund.
Cr. Pomeroy thinks we are in good shape about water conservation and have an efficient plan.
Cr. Cunningham will support the motion. He talked about the $127M for total water impact fee
unscheduled which indicates a comprehensive water resource plan.
Mayor Andrus will support this as well and talked about the importance of CIP projects to our
community and appreciates the work of staff.
09:42:42 PM (03:44:30) Vote on the Motion to adopt the Water Fund Capital Improvement Plan (CIP)
for Fiscal Years 2020-2024. 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
5. 09:42:57 PM (03:44:45) Resolution 4958, Adopting the 2019 City of Bozeman Legislative
Agenda (Surratt)
09:43:06 PM (03:44:54) Staff Presentation
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CM Surrat presented the priorities for the 2019 Legislative Session. She reviewed the current process
and key points, which is about tax relief for Bozeman and supporting investments in critical
infrastructure as two main areas of focus.
09:46:25 PM (03:48:13) Questions of Staff
Cr. Krauss asked whether any thought was given to adding language in our own agenda for supporting
Gallatin County’s funding for mental health facilities.
09:47:54 PM (03:49:42) Public Comment
Mayor Andrus opened public comment.
09:48:03 PM (03:49:51) Nate Harris, Public Comment
Mr. Harris talked about his support in favor of a sales tax in the city. He talked about taxes as an
investment for the community.
09:50:15 PM (03:52:03) Motion to adopt Resolution 4958, Adopting the 2019 Legislative Agenda.
Commissioner - Jeff Krauss: Motion
Commissioner - I-Ho Pomeroy: 2nd
09:50:39 PM (03:52:27) Discussion
Cr. Krauss talked about adopting the county’s mental health portion of the legislative agenda. He does
not support a visitor sales tax.
Cr. Pomeroy understands that if we have a local option for sales tax we will lower citizens’ property tax.
09:54:00 PM (03:55:48) Amendment to the Motion to add language to support Gallatin County’s
request that the legislature provide adequate funding for the provision of mental health services in
Gallatin County.
Commissioner - Terry Cunningham: Motion
Commissioner - I-Ho Pomeroy: 2nd
09:54:28 PM (03:56:16) Discussion
Cr. Cunningham commented this is symbolic in supporting the County Commission in a unified voice. He
talked about staffing at the detention center.
Cr. Krauss hopes the legislature would support it throughout the state. He talked about the growth in
demand for services versus the provision for them.
Mayor Andrus will support it as well. She talked about the conversation with the legislature she and CM
Surratt held previously in regard to funding mental health services.
Cr. Pomeroy commented the support of mental health is also saving our citizens money.
09:57:42 PM (03:59:30) Vote on the Amendment to the Motion to add language to support Gallatin
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County’s request that the legislature provide adequate funding for the provision of mental health
services in Gallatin County. 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
09:57:53 PM (03:59:41) Discussion
Cr. Cunningham talked about the dynamic between federal and state government relative to pushing
the decision to the voter.
09:59:13 PM (04:01:01) Meeting Extended
Mayor Andrus extended the meeting to 10:10 PM.
09:59:18 PM (04:01:06) Discussion Continued
DM Mehl confirmed the understanding of Item 1 that we are asking for some kind of local option which
can only happen if the state legislature grants us that authority.
Mayor Andrus will support this as well and appreciates DM Mehl’s explanation. She talked about
attempts in years past that failed for many reasons.
10:05:03 PM (04:06:51) Vote on the Motion as Amended to adopt Resolution 4958, Adopting the 2019
Legislative Agenda, and to add language to support Gallatin County’s request that the legislature
provide adequate funding for the provision of mental health services in Gallatin County. The motion
passed 4-1.
Commissioner - Jeff Krauss: 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
I. 10:05:16 PM (04:07:04) FYI / Discussion
• Mayor Andrus reminded the commission of the 5:00 PM start time next week. She spoke about
the public comment regarding covenants and the commission’s position on them.
• CA Sullivan clarified circumstances regarding covenants required by the commission for certain
infrastructures.
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• Cr. Krauss talked about a menorah lighting ceremony on Main Street scheduled for Saturday,
December 8th and verified attendance by the mayor and other commissioners.
• CM Surratt thanked the commission for helping in the legislative reception tonight as well as the
Chamber of Commerce for providing the setting and conversation.
J. 10:07:38 PM (04:09:26) Adjournment
Mayor Andrus adjourned the meeting at 10:08 PM.
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, December 10, 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
VIDEO AND AUDIO RECORDING BEGIN AT AGENDA ITEM D.
A. 05:01:00 PM Call to Order – 5:00 PM – EARLY START TIME - Commission Room, City Hall, 121 North
Rouse
Mayor Andrus called the meeting to order at 5:01 PM.
B. 05:01:30 PM Changes to the Agenda
There were no changes to the agenda.
C. 05:02:00 PM Executive Session – Madison Room, City Hall, 121 North Rouse
1. City Manager Annual Performance Evaluation
Mayor Andrus stated this is the City Manager’s performance evaluation, and pursuant to Section 2-3-
203(3), MCA, the mayor may close the meeting during the time discussion relates to a matter of
individual privacy if the demands of individual privacy clearly exceed the merits of public disclosure.
CM Surratt asserted her privacy interests.
Mayor Andrus closed the meeting.
A separate set of minutes has been prepared for the Executive Session.
D. 06:36:33 PM (00:00:23) Call Back to Order (estimated 6:00 PM) – Commission Room, City Hall, 121
North Rouse
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Mayor Andrus called the meeting back to order at 6:36 PM.
E. 06:36:43 PM (00:00:33) Pledge of Allegiance and a Moment of Silence
F. 06:37:28 PM (00:01:18) FYI
• Cr. Pomeroy stated that today she and DM Mehl attended a Gallatin County Mental Health
Advisory Council meeting that concluded mental health issues are growing as the community
grows.
• Mayor Andrus stated that they will be eating dinner during the meeting.
G. 06:38:44 PM (00:02:34) Commission Disclosures
There were no commission disclosures.
H. 06:38:48 PM (00:02:38) Minutes
1. Approve the Regular Meeting Minutes from November 5, November 19, and November 26,
2018, and User Access to Linked Minutes (Crough)
06:38:52 PM (00:02:42) Motion and Vote to approve the City Commission minutes from November 5,
November 19, and November 26, 2018 as submitted. 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
I. 06:39:13 PM (00:03:03) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Approve the Annual Beer, Wine, or Liquor License Renewals for Calendar Year 2019 (Portnell)
3. Ratify the City Manager’s Approval of an On-Premises Beer and Wine License for Thai Basil,
LLC of Bozeman, Montana to Sell Beer and Wine at 1805 West Oak Street, Suite 1, for the
Remainder of Calendar Year 2018 and Calendar Year 2019 (Portnell)
4. Adopt the Building Inspection Fund Capital Improvement Plan (CIP) for Fiscal Years 2020-2024
(Donald)
5. Adopt the Community Development Fund Capital Improvement Plan (CIP) for Fiscal Years
2020-2024 (Donald)
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6. Adopt the Parking Fund Capital Improvement Plan (CIP) for Fiscal Years 2020-2024 (Donald)
7. Adopt the Public Works Administration Internal Service Fund Capital Improvement Plan (CIP)
for Fiscal Years 2020-2024 (Donald)
8. Authorize the City Manager to Sign a Grant Agreement with Gallatin Mental Health Center
(GMHC) for General Funding (Donald)
9. Authorize the City Manager to Sign a Grant Agreement with HAVEN for General Funding
(Donald)
10. Authorize the City Manager to Sign a Grant Agreement with Human Resources Development
Council of District IX, Inc. (HRDC) for General Funding (Donald)
11. Authorize the City Manager to Sign a Grant Agreement with Human Resources Development
Council of District IX, Inc. (HRDC) for Streamline Funding (Donald)
12. Authorize the City Manager to Sign Amendment Number 1 to the Purchase Agreement with
Neo Solutions, Inc. for the Purchase of Polymer at the Water Reclamation Facility (Radcliffe)
06:39:19 PM (00:03:09) City Manager Overview
CM Surratt provided the highlights of the consent agenda.
06:39:57 PM (00:03:47) Public Comment
There was no public comment.
06:40:08 PM (00:03:58) Motion and Vote to approve Consent Items 1-12 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
J. 06:40:24 PM (00:04:14) Public Comment
Mayor Andrus opened public comment.
06:41:13 PM (00:05:03) Steve Titus, Public Comment
Mr. Titus is involved in tonight’s ADU project, and the students and Planning Department did a great job.
He asked the City to keep an open mind about ADUs downtown to let them get closer to the alley.
06:42:59 PM (00:06:49) Emily Talego, Public Comment
Ms. Talego stated this project showed how she can remain on her property in an ADU, and rent her
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Page 4 of 9
home to a family.
K. 06:45:16 PM (00:09:06) Special Presentation
1. Montana State University and City of Bozeman Accessory Dwelling Unit Design Project -
Student Final Design Presentation (Johnson)
06:45:30 PM (00:09:20) Special Presentation
Senior Planner Courtney Johnson provided some background of the presentation. She discussed the full
process the students went through with designing accessory dwelling units with the city. Planner
Danielle Garber discussed the next steps of the project. Student Jimmy Brown discussed issues his group
ran into, including the height restriction. He discussed waiving impact fees for ADUs. The cost of their
ADU came out to $308,000, but it could be dropped substantially. Student Chandler Mitchell noted that
parking was a difficulty. Their ADU cost $286,000 with a greenhouse addition. Student James Blonde
reiterated that the height limit was the most restricting, which made it very expensive.
06:58:53 PM (00:22:43) Questions/Comments
Cr. Krauss asked if the height requirements were for single-floor lots. He noted other governments are
looking at some of the issues discussed tonight.
DM Mehl thanked the students for working on this project.
Cr. Pomeroy thanked the students and professors and staff for their creativity and the contribution
towards affordable housing.
Cr. Cunningham thanked staff and the contractors for taking the time to do this. He asked for an
example of how a homeowner vision impacted their final design. He asked how much focus was put on
harmony with the primary unit. He asked how the NCOD/budget/etc. limit or enhance their ability to
incorporate sustainability. He asked staff what their key takeaways were.
Mayor Andrus thanked those who participated. She asked about the cost estimates and how the costs
accumulated.
Cr. Krauss referenced Frog Rock Design as a local company very interested in ADUs.
L. 07:16:18 PM (00:40:08) Action Items
1. 07:16:20 PM (00:40:10) Blackmore Marketplace Zoning Variance to the Concurrent
Construction Procedures, Located at 1324 East Main Street, Southeast Corner of Highland
Boulevard and East Main Street, Application 18509 (Quasi-Judicial) (Krueger)
07:16:52 PM (00:40:42) Staff Presentation
Development Review Manager Brian Krueger discussed the zoning variance at Blackmore Marketplace.
The applicant is requesting to occupy the building without the improvements of the building being
complete. No public comment has been received, criteria have been met, and staff recommends
approval with conditions as presented.
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07:30:03 PM (00:53:53) Questions of Staff
Cr. Pomeroy asked about the reasons for delay in development. She asked if they are willing to do the
remaining agreements and if that can be guaranteed.
Cr. Cunningham asked about the East Main and Haggerty turn movements. He asked for clarity on which
improvements have been completed. He asked about the temporary slurry referenced in the staff
report.
Cr. Krauss asked if there was a reason August 1st was chosen.
DM Mehl confirmed that the parking lot will be completed even if the buildings are not. He asked if Mr.
Krueger agrees with the property owner’s evidence of undue treatment by MDT. He asked what
happens if the deadline isn’t met. He asked how far out in distance notices were sent for this project.
Mayor Andrus asked if there was thought given to not opening the Highland entrance during this time.
She asked if porkchops and delimiters actually work.
07:46:47 PM (01:10:37) Applicant Presentation
Don Cape, Jr. with East Main Investments discussed the history of this development and the challenges
they experienced. He discussed the precedent set by this action. He asked for some mechanism to
increase the cost share of the intersection with future projects.
07:53:48 PM (01:17:38) Questions of Staff
Cr. Pomeroy asked if city staff was helpful.
Cr. Krauss asked if he is certain they can meet the August 1st deadline. He asked if he was asking for
impact fee credits.
DM Mehl asked if he has seen and agrees with the staff report.
Mayor Andrus asked his thoughts about closing the Highland entrance.
07:59:41 PM (01:23:31) Public Comment
There was no public comment.
08:00:00 PM (01:23:50) Questions of Staff
Cr. Krauss asked if we’ve considered the impact fee credits or payback district. CM Surratt stated it’s not
the only solution, but staff needs to have time to discuss this since it’s such a critical intersection.
Mayor Andrus asked what the policy on payback districts when it comes to intersections.
DM Mehl asked if tonight’s action can only be regarding the variance.
08:04:25 PM (01:28:15) Motion that having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the staff report
for application 18509 and move to approve the Blackmore Marketplace Zoning Variance with
conditions and subject to all applicable code provisions.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Terry Cunningham: 2nd
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08:04:51 PM (01:28:41) Discussion
Cr. Pomeroy discussed her findings as to why she supports the motion and variance.
Cr. Cunningham discussed the challenges the applicant has experienced with the process. He did find
that hardship was met, and adopted the findings of the staff report.
Cr. Krauss stated this comes from a trusted community investor and a business with a valuable history in
Bozeman. He’s stated the hospital has missed some responsibility in infrastructure, and hoped there
could be some relief found for him. He also adopted the findings of the staff report.
DM Mehl supports the motion and agrees with the criteria and conditions.
Mayor Andrus supports the motion and agrees with the hardship stated.
08:17:54 PM (01:41:44) Vote on the Motion that having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings presented in
the staff report for application 18509 and move to approve the Blackmore Marketplace Zoning
Variance with conditions and subject to all applicable code provisions. 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
08:18:08 PM (01:41:58) Recess
Mayor Andrus called the commission into recess until 8:25.
08:26:03 PM (01:49:53) Call to Order
Mayor Andrus called the meeting to order at 8:26 PM.
2. 08:26:08 PM (01:49:58) General Fund Capital Improvement Plan (CIP) for Fiscal Years 2020-
2024 (Donald)
08:26:22 PM (01:50:12) Staff Presentation
CM Surratt discussed the CIP process. Finance Director Kristin Donald discussed the funding strategies
proposed for the plan. Three different plans are proposed for the Parks Maintenance District creation.
Plan B is the recommended plan, pushing the district creation back a year. She noted individual projects
bumped back to make Plan B work.
08:34:49 PM (01:58:39) Questions of Staff
Mayor Andrus asked for further clarification between Plan A and Plan B.
Cr. Cunningham asked about the Veteran’s Cemetery cost in FY24. Parks and Cemetery Superintendent
Thom White responded. He asked about the tradeoff of turf vs. machinery upkeep. He asked about the
difficult decisions of Plan A vs. Plan B. He asked about the city hall expansion project. He asked about
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Page 7 of 9
the options and timeframes for putting a parks maintenance district before the voters. He asked about
the capacity of staff related to the proposed timelines. He asked about other projects that would need
to go to the voters for bonding.
Cr. Pomeroy asked about a few vehicle replacements.
Mayor Andrus asked IT Director Scott McMahan about computer replacements in FY20. She asked what
the Human Resources applicant tracking system.
Cr. Cunningham asked about the delayed police items.
08:58:13 PM (02:22:03) Public Comment
Mayor Andrus opened public comment.
08:58:31 PM (02:22:21) Pat Martin, Public Comment
Mr. Martin requested the Story Mill surface be replaced sooner than Plan B, as they need playable
surfaces indoors for pickleball. He discussed the importance of pickleball.
09:01:46 PM (02:25:36) Clarifications from Staff
CM Surratt stated that there is some available conduit, and that $25,000 to put back in for FY21 will be
okay, she recommends FY272, the site security locks moving to FY22 and possibly a non-patrol vehicle.
09:03:39 PM (02:27:29) Motion to adopt the General Fund Capital Improvement Plan (CIP) for Fiscal
Years 2020-2024 as presented under Plan B.
Commissioner - Terry Cunningham: Motion
Commissioner - Jeff Krauss: 2nd
09:03:52 PM (02:27:42) Discussion
Cr. Cunningham thanked staff for providing options. He respects the fact that the city manager has
requested a year delay.
09:06:30 PM (02:30:20) Amendment to the Motion to eliminate $15,000 from GF272 in FY21, and
eliminate GF293 $15,000 in FY20, and add $30,000 into FY21 for fiber optic.
Deputy Mayor - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
09:10:11 PM (02:34:01) Questions of Staff
DM Mehl asked for clarification if the intent is to eliminate, delay, or switch years. Assistant City
Manager Anna Rosenberry worked through the proposal.
09:10:16 PM (02:34:06) Amendment to the Amendment to the Motion to take $30,000 from fiber optic
in FY22 and put it into FY21, so it would be $30,000 in FY21 and $20,000 in FY22, and push GF272 into
FY22.
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Deputy Mayor - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
09:11:04 PM (02:34:54) Discussion
DM Mehl discussed how this provides consistency for broadband funding.
Mayor Andrus discussed the importance of funding fiber optics.
09:12:22 PM (02:36:12) Vote on the Amendment to the Amendment to the Motion to take $30,000
from fiber optic in FY22 and put it into FY21, so it would be $30,000 in FY21 and $20,000 in FY22, and
push GF272 into FY22. The amendment 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
09:12:52 PM (02:36:42) Vote on the Amendment to the Motion as Amended to eliminate $15,000 from
GF272 in FY21, and eliminate GF293 $15,000 in FY20, and add $30,000 into FY21 for fiber optic to take
$30,000 from fiber optic in FY22 and put it into FY21, so it would be $30,000 in FY21 and $20,000 in
FY22, and push GF272 into FY22. The amendment 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
09:13:26 PM (02:37:16) Discussion Continued
DM Mehl discussed the necessity of a Parks Maintenance District.
Mayor Andrus also supports the motion.
Cr. Krauss thanked the public for the public asking about pickleball.
09:16:10 PM (02:40:00) Vote on the Motion as Amended to adopt the General Fund Capital
Improvement Plan (CIP) for Fiscal Years 2020-2024 as presented under Plan B, and taking $30,000
from fiber optic in FY22 and put it into FY21, so it would be $30,000 in FY21 and $20,000 in FY22, and
push GF272 into FY22. The motion passed 4-1.
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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: Approve
Commissioner - Terry Cunningham: Approve
3. 09:16:25 PM (02:40:15) City of Bozeman Strategic Plan Update (Surratt)
09:17:41 PM (02:41:31) Staff Presentation
CM Surratt presented the 2018 strategic plan update. She discussed the seven priorities in detail. She
discussed a dashboard that will be used to demonstrate progress on the strategic plan.
09:33:32 PM (02:57:22) Questions of Staff
Cr. Cunningham asked about the 70 action items listed in the strategic plan, and whether some of the
smaller ones are being completed.
09:35:47 PM (02:59:37) Comments
Cr. Cunningham noted how many things are going on in the City, and noted the accomplishments made.
Cr. Pomeroy asked if the 7 priorities are still reasonable expectations.
Mayor Andrus stated that discussing accomplishments is valuable.
M. 09:43:04 PM (03:06:54) FYI/Discussion
• Mayor Andrus noted the Executive Session earlier in the evening, and that CM Surratt will be
returning tomorrow.
N. 09:43:22 PM (03:07:12) Adjournment
Mayor Andrus adjourned the meeting at 9:43 PM.
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, December 17, 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, Controller Brian Lameres, Finance Director Kristin Donald, Assistant City
Manager (ACM) Chuck Winn
A. 05:59:58 PM (00:01:15) 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. 06:00:10 PM (00:01:27) Pledge of Allegiance and a Moment of Silence
C. 06:00:54 PM (00:02:10) Changes to the Agenda
CM Surratt requested to move Consent Item #6 to the Consent II agenda.
D. 06:01:16 PM (00:02:33) Public Service Announcements
1. 06:01:19 PM (00:02:36) No City Commission Meetings on December 24, 2018 and December
31, 2018 and Closure of City Offices on December 25, 2018 and January 1, 2019 (Sweeney)
E. 06:01:35 PM (00:02:52) FYI
• Cr. Cunningham announced the Pedestrian and Traffic Safety Committee has a vacancy on the
committee, and applications are being accepted for a city position.
• Cr. Cunningham announced that the University Neighborhood Association and their volunteers
handed out fliers to over 200 homes regarding shoveling sidewalks and moving vehicles while
away.
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Page 2 of 15
• Cr. Cunningham announced that relative to the Affordable Housing Needs Assessment and
Action Plan, the Candida Fund has donated $20,000 to replace some of the funding when the
city did not get the full $25,000 from the Community Development Block Grant.
• DM Mehl pointed out his name showed up in the delinquent accounts due to an error between
his bank and escrow account.
F. 06:05:02 PM (00:06:19) Commission Disclosures
There were no commission disclosures.
G. 06:05:09 PM (00:06:26) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Approve the Annual Beer, Wine, or Liquor License Renewals for Calendar Year 2019 (Portnell)
3. Ratify the City Manager's Approval of an On-Premises Beer and Wine License for Fire Pizza
Montana, LLC of Bozeman, Montana to Sell Beer and Wine at 303 East Main Street, for the
Remainder of Calendar Year 2018 and Calendar Year 2019 (Portnell)
4. Formal Cancellation of the December 24, 2018 City Commission Meeting (Crough)
5. Acknowledge the 2018 Annual Ethics Board Report (Surratt)
6. Approve the Use of Water and Wastewater Impact Fee Credit Offsets for the Montana State
University New Residence Hall Project Pursuant to Commission Resolution 4939
(Heaston) MOVED TO CONSENT II AGENDA, ITEM #4.
7. Authorize the City Manager to Sign a Memorandum of Understanding, Public Access and
Utility Easement, and Temporary Construction Easement with National Retail Properties, L.P.
for the North 7th Avenue Lighting and Streetscape Project (Fine)
8. Authorize the City Manager to Sign a Public Access Easement with WH Willson 16, LLC for a
Sidewalk for the 16 Willson Project (Nielsen)
9. Authorize the City Manager to Sign a Sewer and Water Pipeline and Access Easement and
Agreement with Highfive Bozeman IV, LLC for the South Rows Project in Meadow Creek
Subdivision (Nielsen)
10. Authorize the City Manager to Sign a Utility Easement with Bellwether Renovations, LLC for
the Lot 3, Tract 7, Smith Subdivision Annexation (Nielsen)
11. Authorize the City Manager to Sign a Professional Services Agreement with Dust Bunnies
Cleaning Services for Janitorial Services Citywide (Gray)
12. Authorize the City Manager to Sign a Professional Services Agreement with Sanderson
Stewart for the Oak Street and North 27th Avenue Intersection Improvements Project
(Murray)
13. Authorize the City Manager to Sign a Professional Services Agreement with Sanderson
Stewart for the South 3rd Avenue and Graf Street Intersection Improvements Project
(Murray)
14. Authorize the City Manager to Sign a Reimbursement Agreement with NorthWestern
Corporation d/b/a Northwestern Energy for the Relocation of Existing Power Poles at Baxter
Lane and North 27th Avenue (Murray)
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Page 3 of 15
15. Authorize the City Manager to Sign a Renewable Resource Grant Agreement with the
Montana Department of Natural Resources and Conservation Renewable Resource Grant
Program to Support the Sunset Hills Cemetery and Lindley Park Water Conservation Project
(Ahlstrom)
16. Authorize the City Manager to Sign Amendment Number 3 to the Professional Services
Agreement with Morrison-Maierle Inc. for Design Services for the Sunset Hills Cemetery and
Lindley Park Water Conservation Project (Ahlstrom)
17. Authorize the City Manager to Sign Amendment Number 2 to the License Agreement with The
Trust for Public Land for Use of City Property at the Story Mill Community Park (Overton)
18. Ratify the City Manager's Signature on a City of Bozeman Infrastructure Design Agreement
with Bozeman Health for the Design of the Front Street Interceptor (Nielsen)
19. Resolution 4973, Certification of Delinquent City Assessments to Gallatin County (Clark)
20. Ordinance 2013 Final Adoption, Modifications to the Bozeman Municipal Code Related to
Effective Public Parking Management and Enforcement Activities (Meece)
21. Ordinance 2016 Final Adoption, the Maple Terrace Zone Map Amendment to Rezone 0.81
Acres from R-1, Residential Low Density, to R-O, Residential Office, Generally Located Along
West Durston Street East of North 19th Avenue, Application 18217 (Jadin)
22. Resolution 4997, Appointing Special Counsel in the Matter of the Ethics Complaint of Roger
Koopman (Sullivan)
06:05:14 PM (00:06:31) City Manager Overview
CM Surratt provided the highlights of the consent agenda.
06:08:25 PM (00:09:42) Public Comment
Mayor Andrus opened public comment.
06:08:42 PM (00:09:59) Mary Dell Joyner, Public Comment
Ms. Joyner lives in the Maple Terrace Subdivision and reiterated previous comments about protesting
the rezoning of the subdivision.
06:11:36 PM (00:12:53) Judy Locker, Public Comment
Ms. Locker and her husband live immediately adjacent to the rezoned lots in the Maple Terrace
Subdivision. She spoke of friends and neighbors being upset about the Maple Terrace Zone Map
Amendment. She talked about infill.
06:14:03 PM (00:15:20) Motion and Vote to approve Consent Items 1-5 and 7-22 as submitted. 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
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Page 4 of 15
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
H. 06:14:22 PM (00:15:39) Consent II – Items Acted Upon Without Prior Unanimous Vote
1. Resolution 4977, the Bridger Vale Annexation of Approximately 6.5 Acres Located Along
Manley Road and to the North of the East Gallatin Recreational Area, and Authorizing the City
Manager to Sign the Associated Institutional Controls Declaration with Bridger Vale LLC,
Application 17230 (Saunders)
2. Ordinance 1985 Provisional Adoption, the Bridger Vale Zone Map Amendment to Designate
1.8289 Acres as PLI, Public Lands and Institutions, and 4.6607 Acres as REMU, Residential
Emphasis Mixed Use, Located Along Manley Road and North of the East Gallatin Recreation
Area, Application 17230 (Saunders)
3. Authorize the City Manager to Sign a Public Street and Utility Easement with Bridger Vale, LLC
for Manley Road to Satisfy a Term of the Bridger Vale Annexation, Application 17230
(Saunders)
4. Approve the Use of Water and Wastewater Impact Fee Credit Offsets for the Montana State
University New Residence Hall Project Pursuant to Commission Resolution 4939 (Heaston)
06:14:33 PM (00:15:50) Public Comment
Mayor Andrus opened public comment.
06:14:47 PM (00:16:04) Bob Farrington, Pubic Comment
Mr. Farrington, with the Sunrise Rotary Club, spoke in support for the Annexation of the Bridger Vale
Subdivision. He talked about a new entry road and additional acreage added to the park.
06:15:32 PM (00:16:49) Motion and Vote to approve Consent II Items 1-4, with Item #4 being the
original Consent Agenda Item #6, as submitted. The motion passed 4-1.
Commissioner - Jeff Krauss: 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
I. 06:16:02 PM (00:17:19) Public Comment
There was no public comment.
J. 06:16:50 PM (00:18:07) Action Items
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Page 5 of 15
1. 06:16:53 PM (00:18:10) Resolution 4971, Creation of Special Improvement Lighting District
Number 749 for the West Winds SW Subdivision (Donald)
06:17:07 PM (00:18:24) Staff Report
Finance Director Kristin Donald presented the SILD for the West Winds SW Subdivision and pointed
out one Phillips Lumic LED light will be installed. She reviewed a map of where the light will go and
the estimated cost. She stated no written protests or public comment have been received.
06:18:08 PM (00:19:25) Public Comment
There was no public comment.
06:18:22 PM (00:19:39) Motion to adopt Resolution 4971, Creation of Special Improvement Lighting
District Number 749 for the West Winds SW Subdivision.
Commissioner - Terry Cunningham: Motion
Commissioner - I-Ho Pomeroy: 2nd
06:18:36 PM (00:19:53) Discussion
Cr. Cunningham stated this is a matter of course where the city pays power bills and maintenance and
bills residents back through assessments. He will support the motion.
Cr. Pomeroy stated we have to pay for electricity for the lights, and she will support the motion.
Mayor Andrus reiterated her previous thoughts that it would be a good idea for us to ask NorthWestern
Energy to provide information, such as a financial analysis, inventory of these lights and asset assessment
and ongoing management plan, for the lighting districts.
DM Mehl agreed to ask CM Surratt to ask NorthWestern Energy to explore what the mayor described.
Cr. Cunningham supports the idea.
Cr. Krauss confirmed Mayor Andrus is referring to the old lighting districts.
06:21:36 PM (00:22:53) Point of Clarification
CM Surratt asked whether the commission would like NorthWestern Energy to share information in this
setting or more of a report to pass along. Mayor Andrus confirmed in this setting if they are able.
06:22:00 PM (00:23:17) Vote on the Motion to adopt Resolution 4971, Creation of Special
Improvement Lighting District Number 749 for the West Winds SW Subdivision. 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
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Commissioner - Terry Cunningham: Approve
2. 06:22:11 PM (00:23:28) West Winds SW Major Subdivision Final Plat to Create 72
Residential Lots and an Open Space Lot and Authorize the City Manager to Sign a Perpetual
Access Easement and a Release and Reconveyance of Utility Easements with ISLANDS, LLC,
the Director of Public Works to Sign the Same on behalf of the City of Bozeman, the Director
of Parks to Accept the Improvements-in-lieu of Parks, and the Director of Community
Development to Sign the Improvements Agreements on behalf of the City of Bozeman,
Application 18461 (Quasi-Judicial) (Saunders)
06:22:53 PM (00:24:10) Staff Report
Associate Planner Adi Jadin filled in for Community Development Manager Chris Saunders who reviewed
this application. She commented SILD 749 setting up this lighting district was one of the conditions of
approval for this final plat. She gave background to remind the commission where the subdivision is
located. She talked about the PUD and alley frontage. She talked about the mixed development
structures and what is remaining to complete.
06:25:21 PM (00:26:38) Questions of Staff
DM Mehl talked about the public comment from a member of CAHAB received today regarding
financing and asked for staff’s response to the public comment.
06:25:56 PM (00:27:13) Staff Clarification
Community Development Director Marty Matsen responded to the public comment received. He talked
about the affordable housing plan received during the preliminary plat process. He talked about the
resolution with CAHAB that was put in place. He talked about the proposed plan.
06:32:38 PM (00:33:55) Questions of Staff Continued
DM Mehl asked why not require what CAHAB suggested. He asked whether there is a greater need for
two bedroom than three bedroom. He asked whether the staff report should be supplanted with the
slides for the permanent record because they are different.
Cr. Cunningham asked about the accuracy of the 34 three-bedroom and 32 two-bedroom mix in the site
plan. He asked whether this is the first new phase project considering cash-in-lieu. He asked about
tightening the ordinance.
CA Sullivan talked about a couple components of the affordable housing ordinance. He talked about the
affordable housing plan.
Mayor Andrus asked if anything changed between the time the commission saw the application and
when it came onto the consent agenda.
Cr. Krauss asked CA Sullivan about future plats that come to the commission for approval relative to
identifying any structure that goes on the property.
Mayor Andrus asked if this just applied to the houses within the affordable housing plan.
Cr. Krauss asked staff about deed restricting lots to the number of bedrooms.
CA Sullivan talked about the affordable housing plan as the commission created it, which has certain
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contents required to be submitted. He talked about compliance.
Cr. Krauss asked if the affordable housing ordinance controls development relative to the size of the
bedrooms going forward of every single lot in a subdivision.
CA Sullivan clarified what the affordable housing ordinance restricts and what the city has authority to
enforce for the affordable homes that are there.
Cr. Cunningham asked about when developers put in their plans whether it’s a guess and is recognized
when the ordinance was written. He asked about the mix of bedroom equivalents.
06:57:48 PM (00:59:05) Applicant Clarification
Trevor McSpadden, Haystack Development, spoke on behalf of the applicant. He talked about the
challenge being in the matrix and trying to identify that mix in the subdivision phase. He talked about his
understanding of the planning director and affordable housing program manager at the time, which was
getting the homes built. He further talked about challenges facing developers and builders.
07:03:16 PM (01:04:33) Questions of Applicant
Cr. Pomeroy asked out of 72 total lots, how many affordable housing units are provided. She asked how
many market rate homes are provided out of those lots.
Cr. Cunningham asked about the three townhomes with different addresses, making them
noncontiguous.
Cr. Pomeroy asked what merit or attractions our city has when they decide they will produce the six
units of affordable housing.
07:10:46 PM (01:12:03) Public Comment
Mayor Andrus opened public comment.
07:10:52 PM (01:12:09) Kevin Thane, Public Comment
Mr. Thane is a CAHAB member and talked about the difficulties this final plat caused the CAHAB at
review. He talked about the reasons the board rejected the plan and quoted requirements from the
ordinance. He suggested rewriting the affordable housing ordinance.
07:13:56 PM (01:15:13) Greg Stratton, Public Comment
Mr. Stratton is a CAHAB member and developer. He talked about his thoughts for another way to
approach the challenges and to allow the developer some flexibility according to the needs assessment.
He talked about the plan not meeting the ordinance.
07:15:40 PM (01:16:57) Staff Clarification
CA Sullivan reviewed the process and timing of affordable housing plan submissions and review, as well
the involvement of CAHAB. He pointed out that tonight is an unusual circumstance with final plat and
confirmed the proper action of the commission, which is to approve the preliminary plat. He further
pointed the commission can determine it does not conform to the regulations according to the UDC.
07:17:38 PM (01:18:55) Questions of Staff
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Cr. Pomeroy asked for an understanding of the process tonight regarding the motion.
07:19:04 PM (01:20:21) Motion that the City Commission approve the West Winds SW Major
Subdivision Final Plat, application 18461, to create 72 residential lots and an open space lot, and
authorize the City Manager to sign a perpetual access easement and the release and reconveyance of
utility easements with ISLANDS, LLC, the Director of Public Works to sign the same on behalf of the
City of Bozeman, the Director of Parks to accept the improvements-in-lieu of parks, and the Director of
Community Development to sign the improvements agreements on behalf of the City of Bozeman.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Chris Mehl: 2nd
07:20:01 PM (01:21:18) Discussion
Cr. Pomeroy hopes this is a good step to produce more affordable housing in Bozeman.
DM Mehl stated he thinks this was an appropriate signature by the director and thinks CAHAB pointed
out the ambiguity that needs to be settled in the future.
Cr. Krauss pointed out that the commission previously approved the preliminary plat and will vote for it.
Cr. Cunningham agrees the applicant has met conditions of approval and the plat conforms to regulations.
He talked about the need for more certainty in the ordinance.
Mayor Andrus will support the motion given previous approval of the preliminary plat. She commented
that changes and questions will be discussed.
07:27:09 PM (01:28:26) Vote on the Motion that the City Commission approve the West Winds SW
Major Subdivision Final Plat, application 18461, to create 72 residential lots and an open space lot,
and authorize the City Manager to sign a perpetual access easement and the release and
reconveyance of utility easements with ISLANDS, LLC, the Director of Public Works to sign the same on
behalf of the City of Bozeman, the Director of Parks to accept the improvements-in-lieu of parks, and
the Director of Community Development to sign the improvements agreements on behalf of the City of
Bozeman. 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
07:27:22 PM (01:28:39) Recess
Mayor Andrus called the commission into recess until 7:35 PM.
07:35:04 PM (01:36:21) Call to Order
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Mayor Andrus called the meeting to order at 7:35 PM.
3. 07:35:09 PM (01:36:26) NW Corner of Cottonwood and Oak Growth Policy Amendment,
Revising the Future Land Use Map from Residential and Present Rural to REMU, Residential
Emphasis Mixed Use (130.99 Acres), and CCMU, Community Commercial Mixed Use (29.51
Acres), on 160.51 Acres, Located at the Northwest Corner of North Cottonwood Road and
West Oak Street, Application 18450 (Garber)
07:35:43 PM (01:37:00) Staff Presentation
Assistant Planner Danielle Garber presented the growth policy map amendment for the property and
entered the staff report into the record. She reviewed the subject property and parcel. She talked about
the current and proposed land use designations. She stated staff finds no restrictions on approval and
no public comment has been received.
07:41:32 PM (01:42:49) Questions of Staff
DM Mehl asked whether the city-adopted capital improvement plans facilitate this development now or
within the five-year window.
07:41:54 PM (01:43:11) Staff Clarification
City Engineer Shawn Kohtz talked about the Davis Lane lift station project, as well as the Norton East
Ranch Interceptor project sewer capacity. He talked about street elements and an upgrade of the
intersection of Cottonwood and Oak in 2020.
07:44:00 PM (01:45:17) Questions of Staff Continued
Cr. Cunningham asked about a commercial node near the high school that was planned and is no longer
feasible. He asked how to get input from the joint city/county Planning Coordinating Committee.
DM Mehl stated the Planning Coordinating Committee is working on a planning area around the city. He
talked about a memorandum of understanding going into place relevant to differences between city and
county codes.
Cr. Pomeroy asked about definitions of Residential Emphasis Mixed Use (REMU) and Community
Commercial Mixed Use (CCMU).
Mayor Andrus asked about the three conditions with opposing objectives in terms of favorable
approval. She asked if this property is currently being used as agricultural.
DM Mehl asked whether we would never have annexed anything because of infill and a long history of
agriculture.
Cr. Krauss asked whether developing this property under the designations requested would mean
higher densities than commonly found in the outlying areas of the county.
07:54:43 PM (01:56:00) Applicant Presentation
Greg Stratton, with Kilday and Stratton, is representing Brian Klein who has the property currently under
contract for purchase. Mr. Stratton expanded on the staff presentation regarding the location and
current growth policy designations. They are requesting the biggest portion of the property to be used
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for REMU and commercial use. He talked about the four criteria they are required to meet. He talked
about replacing the need for commercial nodes.
08:01:30 PM (02:02:47) Questions of Applicant
DM Mehl asked if Mr. Stratton has seen the staff report and asked about the status of the request for
annexation and zoning in staff notes.
Cr. Cunningham asked about the community commercial use as service to the new high school. He asked
about services to be provided in the future and the understanding between the city and developer.
DM Mehl asked if a node would make the most sense at the intersection of two large roads at the
development location in addition to the high school.
08:04:39 PM (02:05:56) Public Comment
There was no public comment.
08:05:02 PM (02:06:19) Motion that having reviewed and considered the application materials, public
comment, and all the information presented, I hereby move to adopt the findings presented in the
staff report and to approve the growth policy amendment application 18450 with contingencies
necessary to complete application processing.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
08:05:24 PM (02:06:41) Discussion
DM Mehl noted there has been full disclosure from the Planning Board, and he already voted on this as a
member. He stated he is in agreement that the application is in overall compliance with the growth policy.
Cr. Krauss talked about the challenges of residential without the neighborhood commercial B-1
developments. He will support this and favors development densities.
Cr. Cunningham believes they are following the signals of the city and the need of the sports park to
provide services. He talked about the desire of the developer to work with the existing wetlands as an
amenity.
Cr. Pomeroy talked about protecting farmland in this area. She supports the findings.
Cr. Krauss expressed his reservation about developing in this area due to lack of employers.
DM Mehl mentioned the high school and elementary school will produce staff. He talked about the need
for density nodes.
Mayor Andrus will support this application and stated the CCMU and REMU designations are appropriate.
08:20:48 PM (02:22:05) Vote on the Motion that having reviewed and considered the application
materials, public comment, and all the information presented, I hereby move to adopt the findings
presented in the staff report and to approve the growth policy amendment application 18450 with
contingencies necessary to complete application processing. The motion passed 5-0.
Deputy Mayor - Chris Mehl: Motion
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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
4. 08:20:59 PM (02:22:16) Presentation of Comprehensive Annual Financial Report and Results
of the Financial Audit for Fiscal Year 2018 (LaMeres)
08:21:19 PM (02:22:36) Staff Presentation
City Controller Brian LaMeres opened the presentation for the results of the FY 2018 audited financial
statements. He introduced the audit team from Anderson ZurMuehlen, as well as the city team who
are available for questions. Jessica Van Voast, CPA with Anderson ZurMuehlen, presented results of
the 2018 audit. She reviewed the audit process, independent auditor’s reports and other matters of
interest.
08:30:15 PM (02:31:32) Questions of Auditors
Cr. Cunningham asked about creation of the financial statements and the process of controls. He asked
about communication between audit committee, staff and auditors regarding future assignments.
Cr. Pomeroy asked about the definition of emphasis of matter relative to the reporting process.
08:33:40 PM (02:34:57) Public Comment
There was no public comment.
08:33:53 PM (02:35:10) Motion to accept the Fiscal Year 2018 Comprehensive Annual Financial Report
and the accompanying Letter to Governance.
Commissioner - Jeff Krauss: Motion
Commissioner - Terry Cunningham: 2nd
08:34:07 PM (02:35:24) Discussion
Cr. Krauss stated it is a good audit report and appreciates auditors delivering it in person.
Cr. Cunningham commented controls and financial statements have been evaluated and are
unblemished, which gives tax payers confidence funds are being used correctly.
Cr. Pomeroy stated the report was presented fairly with no errors, and everything looks great.
DM Mehl is on the Audit Committee, and he talked about the state requirements and importance to do
this every year.
Mayor Andrus will support this motion and echoes sentiments from other commissioners regarding the
hard work.
Cr. Krauss mentioned specific staff and talked about internal controls tested by auditors.
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08:39:47 PM (02:41:04) Vote on the Motion to accept the Fiscal Year 2018 Comprehensive Annual
Financial Report and the accompanying Letter to Governance. 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
5. 08:40:03 PM (02:41:20) Downtown Strategic Parking Plan Update (Winn)
08:40:24 PM (02:41:41) Staff Presentation
Assistant City Manager (ACM) Chuck Winn presented the Downtown Strategic Parking Management Plan.
He talked about strategic plan alignment and reviewed the history of parking resource management in
Bozeman. He reviewed five big initiatives within the Downtown Parking Plan. He talked about the cash-
in-lieu of parking program. He talked about financing options for improvements and outlined options for
moving forward. ACM Winn introduced staff from Parking, Economic Development, City Administration,
Community Development, and the Downtown Bozeman Partnership who are available to answer
questions.
09:03:22 PM (03:04:39) Questions of Staff
Cr. Cunningham asked about how the funding sources of the Tax Incremental Financing (TIF) District and
Special Improvement District (SID) would work together or differ. He asked about a model for reducing
parking demand by opening opportunities for bike and transit. How asked about ride share.
Cr. Pomeroy asked about elevators and handicapped parking in the parking garage. She asked about
parking reductions for B-3 zones. She asked about expectations for walking distance from available
parking to downtown restaurants.
DM Mehl asked about staff’s expectation for guidance. He talked about lack of data to provide input.
Cr. Krauss asked where the demand for all the increased downtown parking is coming from in a general
sense. He talked about public transportation affecting the demand for parking.
CM Surratt addressed questions regarding guidance for staff and explained it was intended as a way to
understand issues. She addressed the request for more data and stated this is a preview of things to
deal with in the future.
Cr. Krauss talked about a downtown, in the near future, where current existing parking is adequate or
close to adequate.
09:42:59 PM (03:44:16) Public Comment
Mayor Andrus opened public comment.
09:43:02 PM (03:44:19) Chris Naumann, Public Comment
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Mr. Naumann spoke as Chair of the Parking Commission. He stated that the main bullet points staff
talked about today are three of 26 total strategies in the Strategic Downtown Parking Management
Plan. He talked about how many have been completed and how many are on hold.
09:44:56 PM (03:46:13) David Kack, Public Comment
Mr. Kack talked about parking and transportation going hand in glove and the need to look at them
collectively. He talked about expectations and perception. He talked about reasonable access.
09:48:09 PM (03:49:26) Questions of Public Comment
Cr. Krauss referred to the public comment by Mr. Kack that no city has built its way out of peak hour
traffic and asked whether the reference is toward driving lanes only or inclusive of public transportation
systems.
09:50:11 PM (03:51:28) Discussion
Cr. Cunningham talked about the growing perception of difficulty finding parking downtown. He talked
about the lag between decisions and solutions.
Cr. Pomeroy commented about the necessity to think about more buses and drivers for public
transportation systems and need to educate citizens about walking distances.
DM Mehl thinks this is a missed opportunity tonight and has been waiting for dynamic data to be able to
make hard decisions, which he hopes will come in the next couple of months.
Cr. Krauss talked about the ongoing decision relative to what kind of town we want to be and where
parking resides as a priority.
10:00:36 PM (04:01:53) Meeting Extended
Mayor Andrus extended the meeting until 10:30 PM.
10:00:40 PM (04:01:57) Discussion Continued
Cr. Krauss pointed out partners in midtown and the possibility of putting a garage in that area.
Mayor Andrus talked about the question of what is driving demand for parking in downtown and the
city’s commitment to provide it. She talked about the need to have a bigger discussion surrounding
parking strategies which will be a special presentation next time.
Motion: No motion is required. Advertised as an action item so the Commission may provide direction as
needed.
6. 10:09:01 PM (04:10:18) Resolution 4942, Increasing the Fee for the Cash-in-lieu of Parking
Payment Option to the Off-Street Parking Requirement of the Bozeman Municipal Code
(Meece)
10:09:31 PM (04:10:48) Staff Presentation
Parking Manager Ed Meece presented Resolution 4942, a recommendation from administration and the
Parking Commission, to increase cash-in-lieu of parking fees from $5,000 per space to $25,000 per
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space. He explained the definition of a cash-in-lieu parking system. He talked about the current
operating process of the cash-in-lieu fee established by the City Commission in 1999. He referenced a
technical memorandum in the 2016 Strategic Parking Management Plan used by Parking Division staff
and Parking Commission to calculate an appropriate increase to the cash-in-lieu of parking fee.
10:16:03 PM (04:17:20) Questions of Staff
Cr. Pomeory asked about the per stall cost. She asked why there was no gradual increase in 19 years.
She asked whether the large hotels developed downtown pay cash-in-lieu.
DM Mehl asked how many cash-in-lieu requests have been made in the last two years and why there is
an expectation in an uptick for cash-in-lieu from major developments.
Cr. Cunningham asked about the intent for cash-in-lieu and what it costs to build one consolidated
parking structure. He asked whether the cash-in-lieu will be used in concert with other tools for sources
of funding.
10:29:58 PM (04:31:15) Meeting Extended
Mayor Andrus extended the meeting to 10:45 PM.
10:30:06 PM (04:31:23) Mark Egge, Public Comment
Mr. Egge made several points with regard to the downtown parking supply, downtown residents biking
or walking to work and the uncertainty of the future demand for parking. He talked about the broader
implications of the parking code.
10:32:58 PM (04:34:15) Chris Naumann, Public Comment
Mr. Naumann, Chair of the Parking Commission, stated the reason the Parking Commission made the
resolution they did was to right-price the tool. He talked about what cash-in-lieu provides.
10:34:31 PM (04:35:48) Motion to adopt Resolution 4942, Increasing the Fee for the Cash-in-lieu of
Parking Payment Option to the Off-Street Parking Requirement of the Bozeman Municipal Code.
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
10:34:54 PM (04:36:11) Discussion
Cr. Pomeroy talked about the jump in the fee versus a gradual increase. She will support the motion.
DM Mehl will support the motion. He stated the fee is more in line with the cost and will be more efficient
in the long run.
Cr. Krauss talked about the perception that parking is being taken up with no contributions. He stated
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that with the current environment, he is okay voting for this.
Cr. Cunningham talked about his preference to have seen the plan before deciding how to use the money.
He thinks we are doing things out of order, but this is likely a tool we will use the CILP to help accomplish
that objective.
Mayor Andrus will support this. She talked about parking as an undervalued asset and looks forward to
learning about the downtown plan.
10:42:57 PM (04:44:14) Vote on the Motion to adopt Resolution 4942, Increasing the Fee for the Cash-
in-lieu of Parking Payment Option to the Off-Street Parking Requirement of the Bozeman Municipal
Code. 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
K. 10:43:06 PM (04:44:23) FYI / Discussion
• Mayor Andrus stated that on January 7th, the commission will be talking about goals.
L. 10:43:49 PM (04:45:06) Adjournment
Mayor Andrus adjourned the meeting at 10:44 PM.
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