HomeMy WebLinkAbout02-11-19 City Commission Packet Materials - MIN. January 2019 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 January 7, January 14,
and January 28, 2019, and User Access to Linked Minutes
MEETING DATE: February 11, 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 January 7, 2019 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 January 14, 2019 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 January 28, 2019 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 January 7,
January 14, and January 28, 2019 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
8
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 February 4, 2019
9
Page 1 of 13
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, January 07, 2019
Mayor - Cynthia Andrus: Present
Deputy Mayor - Chris Mehl: Present
Commissioner - Jeff Krauss: Present
Commissioner - I-Ho Pomeroy: Absent
Commissioner - Terry Cunningham: Present
Staff Present at the Dais: City Manager (CM) Andrea Surratt, City Attorney (CA) Greg Sullivan, City Clerk
Robin Crough
A. 06:00:00 PM (00:04:16) 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. 06:00:09 PM (00:04:25) Pledge of Allegiance and a Moment of Silence
C. 06:00:54 PM (00:05:10) Changes to the Agenda
There were no changes to the agenda.
D. 06:01:01 PM (00:05:17) Authorize Absence - Commissioner I-Ho Pomeroy
06:01:06 PM (00:05:22) Motion and Vote to authorize the absence of Commissioner Pomeroy. The
motion passed 4-0.
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: Absent
Commissioner - Terry Cunningham: Approve
E. 06:01:21 PM (00:05:37) FYI
• Cr. Cunningham noted the employer survey for the affordable housing needs assessment has
been extended.
10
Bozeman City Commission Meeting DRAFT MINUTES, January 7, 2019
Page 2 of 13
• CM Surratt announced that Shawn Kohtz has been hired as the City Engineer.
F. 06:02:39 PM (00:06:55) Commission Disclosures
There were no commission disclosures.
G. 06:02:46 PM (00:07:02) Minutes
1. Approve the Regular Meeting Minutes from December 3, December 10, and December 17,
2018, and User Access to Linked Minutes (Crough)
06:02:51 PM (00:07:07) Motion and Vote to approve the City Commission minutes from December 3,
December 10, and December 17, 2018 as submitted. The motion passed 4-0.
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: Absent
Commissioner - Terry Cunningham: Approve
H. 06:03:13 PM (00:07:29) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Approve an Off-Premises Beer and Wine License for Price Rite Drug LLC of Bozeman, Montana
to Sell Beer and Wine at 910 North 7th Avenue, for Calendar Year 2019 (Portnell)
3. Ratify the City Manager’s Approval of an On-Premises Beer and Wine License (Renewal) for
APCH, Inc. (Dave’s Sushi) of Bozeman, Montana to Sell Beer and Wine at 115 North Bozeman
Avenue, for Calendar Year 2019 (Portnell)
4. Approve the Final Plat for the Glen Lake Commerce Subdivision to Create 15 Industrial Lots
and an Open Space Lot, and Authorize the Director of Public Works to Sign the Same on behalf
of the City of Bozeman, Application 18472 (Quasi-Judicial) (Krueger)
5. Authorize the City Manager to Sign a Public Access Easement and Public Utility and Access
Easement and Agreement with Folkvord Investments, LLC for a Fire Hydrant Extension for the
RSVP Event Center Project (Nielsen)
6. Authorize the City Manager to Sign a Utility Easement with WH Willson 16, LLC for the 16
Willson Site Plan (Nielsen)
7. Authorize the City Manager to Sign a Memorandum of Agreement with the Alliance for Water
Efficiency (AWE) for the Net Blue Water Demand Offset Project (Ahlstrom)
8. Authorize the City Manager to Sign Task Order Number DTN18-002 with Sanderson Stewart
for the Urban Renewal District Term Contract Downtown Structured Parking Site Feasibility
Analysis (Fine/Naumann)
11
Bozeman City Commission Meeting DRAFT MINUTES, January 7, 2019
Page 3 of 13
9. Authorize the City Manager to Sign Amendment 1 to the Professional Services Agreement
with Madison Engineering, LLC for the South 11th Avenue Improvements Project (Murray)
10. Authorize the City Manager to Sign Addendum 1 to the Impact Fee Payment Agreement with
East Main Investments, LLC for Improvements to the Intersection of Highland Boulevard and
East Main Street (Blackmore Marketplace Building Site Plan, Application 16531) (Saunders)
11. Resolution 4959, Adoption of the Capital Improvement Plan (CIP) for Fiscal Years 2020-2024
(Donald)
12. Resolution 4979, Intent to Modify Special Improvement Lighting District (SILD) Number 728,
The Lakes at Valley West Phases 1-5A (Massey/Clark)
13. Resolution 4982, Confirmation of Police Officers (Crawford)
14. Resolution 4990, Calling a Public Hearing on Approving a Project in the Bozeman Midtown
Urban Renewal District as an Urban Renewal Project and Using Tax Increment Revenues or
Tax Increment Revenue Bonds to Pay, Reimburse, or Finance Eligible Costs of Such a Project,
Known as The Ruh Building (Fine)
06:03:18 PM (00:07:34) City Manager Overview
CM Surratt noted the highlights of the consent agenda.
06:04:57 PM (00:09:13) Public Comment
There was no public comment.
06:05:09 PM (00:09:25) Point of Order
Cr. Krauss disclosed that he lives in the Lakes at Valley West, but he doesn’t believe there is any conflict
and will be voting yes on Consent Item 12.
06:05:58 PM (00:10:14) Motion and Vote to approve Consent Items 1-14 as submitted. The motion
passed 4-0.
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: Absent
Commissioner - Terry Cunningham: Approve
I. 06:06:16 PM (00:10:32) Consent II: Items Acted Upon Without Prior Unanimous Vote
1. Ordinance 1985 Final 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
12
Bozeman City Commission Meeting DRAFT MINUTES, January 7, 2019
Page 4 of 13
Mixed Use, Located Along Manley Road and North of the East Gallatin Recreation Area,
Application 17230 (Saunders)
06:06:55 PM (00:11:11) Public Comment
There was no public comment.
06:07:01 PM (00:11:17) Motion and Vote to finally adopt Ordinance 1985, the Bridger Vale Zone Map
Amendment. The motion passed 3-1.
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: Absent
Commissioner - Terry Cunningham: Approve
J. 06:07:20 PM (00:11:36) Public Comment
Mayor Andrus opened public comment.
06:08:03 PM (00:12:19) Mark Egge, Public Comment
Mr. Egge discussed active transportation, and building biking infrastructure and a low-stress network of
facilities. He stated a need for a bike plan.
K. 06:11:12 PM (00:15:28) Action Items
1. 06:11:15 PM (00:15:31) Nexus Point Zone Map Amendment Requesting Amendment of the
City Zoning Map for an Existing Lot Consisting of Approximately 20.18 Acres / 879,041 Square
Feet from B-P, Business Park, to R-O, Residential Office, Generally Located Southwest of the
Stucky Road and South 19th Avenue Intersection, Application 18449 (Rosenberg)
06:11:45 PM (00:16:01) Staff Presentation
Associate Planner Sarah Rosenberg discussed the subject property, the growth policy designation, the
zoning criteria of evaluation, no public comment was received, and staff, the Zoning Commission, and
DRC recommend approval.
06:14:21 PM (00:18:37) Questions of Staff
Cr. Cunningham asked about the adjoining county property, and asked about the stream
corridor/wetland. He asked about connecting infrastructure in the future.
DM Mehl clarified that a discrepancy was an error, and asked about access to Discovery Drive.
Cr. Krauss asked about the zoning table in the packet materials page 15, that excludes R-5 and B-2M. He
asked about the differences between B-P and R-O, and what accessory uses would be here.
13
Bozeman City Commission Meeting DRAFT MINUTES, January 7, 2019
Page 5 of 13
Mayor Andrus asked about the residential percentages to become a primary use.
Cr. Krauss asked how much commercial we allow in this use.
06:25:49 PM (00:30:05) Applicant Presentation
Chris Budeski, with Madison Engineering representing the applicant, discussed the history of the
property, and that a growth policy amendment is being submitted. He discussed infrastructure changes
that will happen with this project, and discussed the stream on property.
06:31:24 PM (00:35:40) Questions of Applicant
Cr. Cunningham asked why R-O was chosen.
DM Mehl asked if they have seen and agree with the staff report and conditions.
Cr. Krauss asked about future retail and future lighting.
06:33:50 PM (00:38:06) Public Comment
There was no public comment.
06:34:19 PM (00:38:35) Motion that having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings presented in the
staff report for application 18449 and move to adopt the findings presented in the staff report and to
approve the Nexus Point zone map amendment, with contingencies required to complete the
application processing.
Commissioner - Terry Cunningham: Motion
Deputy Mayor - Chris Mehl: 2nd
06:34:50 PM (00:39:06) Discussion
Cr. Cunningham adopted the staff findings, and noted the area currently has diverse zoning. He made
findings on the zoning criteria. He supports the motion.
DM Mehl supports the motion and found the staff report compelling. He agrees with the spot zoning
analysis. He favors R-O here.
Cr. Krauss incorporated the staff findings in his comments supporting the change the zoning. This
represents the city moving beyond county densities, and this should be encouraged. However, he
doesn’t see a neighborhood center coming together with these properties. He does support the motion.
Mayor Andrus supports the application and concurs with the findings of the staff report and her
colleagues.
DM Mehl noted there will be two commercial nodes here.
06:43:24 PM (00:47:39) Vote on the Motion that having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 18449 and move to adopt the findings presented in the
staff report and to approve the Nexus Point zone map amendment, with contingencies required to
complete the application processing. The motion passed 4-0.
14
Bozeman City Commission Meeting DRAFT MINUTES, January 7, 2019
Page 6 of 13
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: Absent
Commissioner - Terry Cunningham: Approve
2. 06:43:28 PM (00:47:44) Mountain Vista Zone Map Amendment Requesting Amendment of
the City Zoning Map from R-2, Residential Moderate Density, to R-4, Residential High Density,
Located at 2928 West Babcock Street, Application 18438 (Pope)
06:43:58 PM (00:48:14) Staff Presentation
Assistant Planner Mel Pope discussed the property location, surrounding zoning, and background on the
specific property. The Zoning Commission recommends approval. She discussed the zoning criteria of
evaluation. She noted the growth policy encourages infill in this area. She discussed proximity to
schools, commercial, retail, trails, bike lanes, and paths. Protest letters and public comment has been
received, and the protest threshold has been met. She discussed the general concerns from the public.
The DRC recommends approval, the Zoning Commission recommends approval, and staff recommends
approval.
06:54:51 PM (00:59:07) Questions of Staff
DM Mehl asked if there are any plat restrictions and about the stream to the east of the property. He
asked about the height allowances, and compared to surrounding development. He asked about setback
requirements. He asked the City Attorney about the procedures since the protest threshold has been
met.
Cr. Cunningham asked what the access to this property will be. He asked the City Attorney how to
evaluate the plat notes.
Mayor Andrus asked what Ms. Pope would state are the significant changes that make R-4 more
appropriate now from the initial zoning. She asked what could be built in R-4 and not R-2.
Cr. Krauss asked if there was additional room in the school.
07:13:12 PM (01:17:28) Applicant Presentation
Matt Hauser with C&H Engineering discussed the infill opportunities of the property. He discussed
nearby public transportation, surrounding infrastructure, and amenities.
07:18:26 PM (01:22:42) Questions of Applicant
DM Mehl asked if the applicant agrees with the staff report and conditions.
Cr. Cunningham asked what the “developable” portion of the property is given the watercourse setback.
Mayor Andrus asked if R-3 was considered.
07:22:17 PM (01:26:33) Public Comment
15
Bozeman City Commission Meeting DRAFT MINUTES, January 7, 2019
Page 7 of 13
Mayor Andrus opened public comment.
07:22:55 PM (01:27:11) Robin Hoppish, Public Comment
Ms. Hoppish, a nearby property owner, thought that R-2 would remain. She discussed that surrounding
homes are required to be single-family homes.
07:26:12 PM (01:30:28) Joseph Little, Public Comment
Mr. Little, a property owner in the protest zone, noted the public meeting from 2005 that required less
density. He noted parking concerns with vehicle overflow from a large development. He noted that
Bozeman will be running up against a water use issue.
07:29:29 PM (01:33:45) Katie Becker, Public Comment
Ms. Becker stated there haven’t been changes in the neighborhood to warrant this change. She
expressed frustration with the commission approving continually approving R-4 applications.
07:31:44 PM (01:36:00) Krista Drab, Public Comment
Ms. Drab stated the only new commercial in the area is Rosauers. She asked to take into account the
greenspace.
07:32:49 PM (01:37:05) Robin Zimmerman, Public Comment
Ms. Zimmerman stated there will be an impact on traffic.
07:33:57 PM (01:38:13) Steve Drab, Public Comment
Mr. Drab discussed the 2005 designation, and the commission’s decision that R-4 would destroy
livability.
07:36:50 PM (01:41:06) Staff Clarifications
Ms. Pope clarified that single family homes are also permitted in R-4. There are no height restrictions in
adjacent properties. Any high-density buildings will have to follow the UDC design guidelines for review.
CA Sullivan clarified that only those within 150 can PROTEST, not just comment. Anyone can comment.
07:39:18 PM (01:43:34) Questions of Staff
Mayor Andrus how a plat restriction would happen and the process. Community Development Manager
Chris Saunders responded in detail. She asked if the perception of this area is R-1.
07:43:58 PM (01:48:14) Motion that having reviewed and considered the staff report, application
materials, public comment, advisory board recommendations and all information presented, I hereby
adopt the findings presented in the staff report for application 18438 and move to approve the
Mountain Vista zone map amendment, with contingencies required to complete the application
processing.
16
Bozeman City Commission Meeting DRAFT MINUTES, January 7, 2019
Page 8 of 13
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
07:44:28 PM (01:48:43) Discussion
DM Mehl supports the motion. He agrees with the overall staff analysis. He addressed the water
capacity concern, discussed change and growth, and his finding that this is not spot zoning.
Cr. Krauss discussed the history of growth and the area, and his history of voting. He is concerned with
another R-4 in this area. He supports the idea that R is R, but he will be voting no.
Cr. Cunningham discussed growth and that the city has to accommodate it since it is happening. He
does find this appropriate for the area. He discussed his findings, and will be voting in support.
Mayor Andrus discussed using the growth policy in guiding this decision. She favors density, but doesn’t
want to fall into a trend of always approving R-4 upzoning requests.
08:18:31 PM (02:22:47) Vote on the Motion that having reviewed and considered the staff report,
application materials, public comment, advisory board recommendations and all information
presented, I hereby adopt the findings presented in the staff report for application 18438 and move to
approve the Mountain Vista zone map amendment, with contingencies required to complete the
application processing. The vote is neither passes or fails with a 2-2 vote.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Cynthia Andrus: Disapprove
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Disapprove
Commissioner - I-Ho Pomeroy: Absent
Commissioner - Terry Cunningham: Approve
08:19:00 PM (02:23:16) Point of Order
CA Sullivan and the commission discussed what that means for passing the motion with one absent and
the threshold being met. Commission rules of procedure state that three votes are needed to pass or fail
a motion.
08:20:05 PM (02:24:21) Discussion
DM Mehl explained his flexibility, and will reverse his vote to move forward. But he does think the
zoning change is the right direction for the city.
The commission and CA Sullivan discussed procedure and options.
RECONSIDERED: Deputy Mayor - Chris Mehl: Disapprove
Reconsidered Vote on the Motion that having reviewed and considered the staff report, application
materials, public comment, advisory board recommendations and all information presented, I hereby
adopt the findings presented in the staff report for application 18438 and move to approve the
Mountain Vista zone map amendment, with contingencies required to complete the application
processing. The motion failed 1-3.
17
Bozeman City Commission Meeting DRAFT MINUTES, January 7, 2019
Page 9 of 13
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Cynthia Andrus: Disapprove
Deputy Mayor - Chris Mehl: Disapprove
Commissioner - Jeff Krauss: Disapprove
Commissioner - I-Ho Pomeroy: Absent
Commissioner - Terry Cunningham: Approve
08:28:10 PM (02:32:26) Recess
Mayor Andrus called the commission into recess.
08:40:12 PM (02:44:28) Call to Order
Mayor Andrus called the commission back to order.
3. 08:40:17 PM (02:44:33) Resolution 4996, Adoption of the Annual Inflation Adjustment for the
Community Development Fee Schedule (Saunders)
08:40:34 PM (02:44:50) Staff Presentation
Community Development Manager Chris Saunders noted that the 2.5% increase comes from the US
Department of Labor index materials to keep up with inflation.
08:42:09 PM (02:46:25) Public Comment
There was no public comment.
08:42:21 PM (02:46:37) Motion to adopt Resolution 4996, amending the fee schedule for the annual
inflation adjustment and other identified changes, for the review of impact fee deferral, zoning,
subdivision, annexation, growth policy proposals and other planning related review processes with an
effective date of January 8, 2019.
Commissioner - Jeff Krauss: Motion
Commissioner - Terry Cunningham: 2nd
08:42:46 PM (02:47:02) Discussion
Cr. Cunningham discussed the routine nature of this adjustment.
DM Mehl stated this is meant to cover operating costs.
08:43:31 PM (02:47:47) Vote on the Motion to adopt Resolution 4996, amending the fee schedule for
the annual inflation adjustment and other identified changes, for the review of impact fee deferral,
zoning, subdivision, annexation, growth policy proposals and other planning related review processes
with an effective date of January 8, 2019. The motion passed 3-1.
Commissioner - Jeff Krauss: Motion
Commissioner - Terry Cunningham: 2nd
Mayor - Cynthia Andrus: Approve
18
Bozeman City Commission Meeting DRAFT MINUTES, January 7, 2019
Page 10 of 13
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Disapprove
Commissioner - I-Ho Pomeroy: Absent
Commissioner - Terry Cunningham: Approve
4. 08:43:46 PM (02:48:02) Appointment(s) to the Bozeman Area Bicycle Advisory Board (BABAB)
(Sweeney)
08:43:50 PM (02:48:06) Public Comment
There was no public comment.
08:43:58 PM (02:48:14) Motion and Vote to appoint Jason Delmue, Tawnya Healy, and Andrew
Brechbuhler [to At-Large Voting positions with terms ending December 31, 2020 to the Bozeman Area
Bicycle Advisory Board]. The motion passed 4-0.
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: Absent
Commissioner - Terry Cunningham: Approve
5. 08:44:14 PM (02:48:30) Appointment to the Community Affordable Housing Advisory Board
(CAHAB) (Sweeney)
08:44:18 PM (02:48:34) Public Comment
There was no public comment.
08:44:28 PM (02:48:44) Motion and Vote to appoint Jody Bartz to the Community Affordable Housing
Advisory Board to the Citizen with Demonstrated Interest in Special Needs Housing position with a
term ending June 30, 2021. The motion passed 4-0.
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: Absent
Commissioner - Terry Cunningham: Approve
6. 08:44:54 PM (02:49:10) Appointment(s) to the Recreation and Parks Advisory Board (RPAB)
(Sweeney)
19
Bozeman City Commission Meeting DRAFT MINUTES, January 7, 2019
Page 11 of 13
08:44:58 PM (02:49:14) Public Comment
There was no public comment.
08:45:05 PM (02:49:21) Motion and Vote to appoint Jodi Rasker to the City Resident position with a
term ending December 31, 2021, Matt Hausauer [to the At-Large position] with a term ending
December 31, 2021, and Tommy Bass to the At-Large position with a term ending December 31, 2021,
and Lucas Utsch to the Secondary or Home-Schooled Student position with a term ending August 31,
2019 [to the Recreation and Parks Advisory Board]. The motion passed 4-0.
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: Absent
Commissioner - Terry Cunningham: Approve
7. 08:46:31 PM (02:50:47) Bozeman School District 7 Bozeman High School Renovation Informal
Review, Application 18533 (Johnson)
08:46:50 PM (02:51:06) Staff Presentation
Assistant City Manager Chuck Winn discussed the good relationship with the school district. Planner
Courtney Johnson explained the two-part process of this evening’s hearing. She discussed the interlocal
agreement and steps agreed upon and completed. She discussed the current zoning designation, current
and future land use, and detailed design information. She discussed unresolved issues and allowable
departures. She discussed the next steps in detail.
09:05:45 PM (03:10:01) Questions of Staff
Cr. Cunningham asked if the Ruth Thibault Way discussion will include 15th. He asked about traffic
concerns and infrastructure, engineer Griffin Nielsen responded. He also asked about the Traffic Impact
Study addressing this.
DM Mehl asked if she was concern with Ruth Thibault Way not being complete.
09:13:08 PM (03:17:24) Applicant Presentation
The architect (CTA and TD&H) discussed the project in further detail.
09:22:15 PM (03:26:31) Questions of Applicant
Cr. Cunningham asked what capacity the demolition and replacement will allow the school to grow to.
He asked about sustainability plans. He asked about signed parking.
DM Mehl asked if the City or high school will be responsible for parking enforcement. He asked what
has been done to make the building safer. Superintendent Rob Watson discussed improvements made.
20
Bozeman City Commission Meeting DRAFT MINUTES, January 7, 2019
Page 12 of 13
He asked where solar panels will go and the return on investment. He asked about water heating on the
south walls.
09:41:52 PM (03:46:08) Public Comment
Mayor Andrus opened public comment.
09:42:17 PM (03:46:33) Abigail Brewer, Public Comment
Ms. Brewer is upset the school district hasn’t been transparent and ignored safety issues she has
brought up.
09:45:32 PM (03:49:48) Monica Dooling, Public Comment
Ms. Dooling discussed traffic concerns and concern about parking.
09:48:35 PM (03:52:51) Questions of Staff/Applicant
Mayor Andrus asked how the parking/traffic issues and outreach have been resolved.
09:51:41 PM (03:55:57) Discussion
Cr. Cunningham appreciated the cooperation and direction the school district was taking, encouraging
more sustainable efforts. He discussed parking enforcement.
09:56:23 PM (04:00:39) Meeting Extended
Mayor Andrus extended the meeting to 10:30 PM.
09:56:37 PM (04:00:53) Discussion Continued
DM Mehl discussed cooperation and retrofitting buildings with sustainable measures. He discussed
traffic safety concerns.
Cr. Krauss stated it was a huge advantage of having this school in the city. He discussed addressing
traffic and safety issues.
Mayor Andrus also commended the collaboration, and noted some positives. She’d like to see more
public art on the blank wall. She also asked them to address traffic issues.
L. 10:08:30 PM (04:12:46) Other Public Hearing
1. 10:08:51 PM (04:13:07) Bozeman School District 7 Bozeman High School Renovation Agency
Exemption Hearing, Application 18533 (Johnson)
10:08:51 PM (04:13:07) Staff Presentation
Planner Johnson discussed the four exemptions requested.
10:14:58 PM (04:19:14) Questions of Staff
Cr. Cunningham asked for clarification on the berm. He asked Captain Cory Klumb about safety.
21
Bozeman City Commission Meeting DRAFT MINUTES, January 7, 2019
Page 13 of 13
DM Mehl asked about landscaping height requirements.
Planner Johnson provided the next steps for the informal.
10:21:08 PM (04:25:24) Questions of Applicant
DM Mehl asked about landscaping height requirements. Superintendent Watson stated he will review
the request at the next board meeting.
10:25:16 PM (04:29:32) Public Comment
There was no public comment.
10:25:33 PM (04:29:49) Discussion
Cr. Cunningham appreciated the work and cooperation done.
DM Mehl discussed some changes he thinks will improve safety.
Cr. Krauss discussed parking concerns.
Mayor Andrus agrees with her colleagues.
M. 10:29:49 PM (04:34:05) FYI/Discussion
There was no FYI.
N. 10:30:01 PM (04:34:17) Adjournment
Mayor Andrus adjourned the meeting at 10:30 PM.
22
Page 1 of 13
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, January 14, 2019
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, Assistant City Manager (ACM) Anna Rosenberry
A. 05:59:59 PM (00:01:39) 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 (00:01:48) Pledge of Allegiance and a Moment of Silence
C. 06:00:53 PM (00:02:33) Changes to the Agenda
There were no changes to the agenda.
D. 06:01:00 PM (00:02:40) Public Services Announcements
1. No City Commission Meeting on Monday, January 21, 2019 and Closure of City Offices
(Sweeney)
E. 06:01:13 PM (00:02:53) FYI
Cr. Cunningham talked about a remaining vacancy on the PTS Committee and the process for
applying.
F. 06:01:55 PM (00:03:35) Commission Disclosures
There were no commission disclosures.
G. 06:02:04 PM (00:03:44) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
23
Bozeman City Commission DRAFT MEETING MINUTES, January 14, 2019
Page 2 of 13
2. Approve an Off-Premises Beer and Wine License Transfer for Heeb’s Fresh Market of
Bozeman, Montana to Sell Beer and Wine at a New Location at 200 Highland Boulevard, for
Calendar Year 2019 (Portnell)
3. Conditionally Approve an On-Premises All-Beverage License for Bozeman Taproom, Inc. of
Bozeman, MT to Sell Liquor at 101 North Rouse Avenue, for Calendar Year 2019 (Portnell)
4. Formal Cancellation of the January 21, 2019 City Commission Meeting (Crough)
5. Approve the Final Plat for the University Crossing Minor Subdivision, and Authorize the
Director of Public Works to Sign the Same on behalf of the City of Bozeman, Application 18243
(Quasi-Judicial) (Rogers)
6. Authorize the City Manager to Sign Amendment Number 1 to the Professional Services
Agreement with Brendle Group for a Climate Vulnerability Assessment and Resiliency Strategy
(Meyer)
06:02:10 PM (00:03:50) City Manager Overview
There were no significant consent agenda items highlighted.
06:02:15 PM (00:03:55) Public Comment
There was no public comment.
06:02:28 PM (00:04:08) Motion and Vote to approve Consent Items 1-6 as submitted. The motion
passed 5-0.
Commissioner - Jeff Krauss: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
H. 06:02:49 PM (00:04:29) Consent II: Items Acted Upon Without Prior Unanimous Approval
1. 06:02:52 PM (00:04:32) Ordinance 2012 Final Adoption, Amending Division 38.380
Affordable Housing, of the Bozeman Municipal Code, to Revise Definitions, Pricing
Requirements, Eligibility for Subsidies, Alternate Means of Compliance, and Non-Cash
Subsidy Recapture Provisions, Application 18424 (Matsen)
06:03:22 PM (00:05:02) Public Comment
There was no public comment.
06:03:33 PM (00:05:13) Questions of Staff
24
Bozeman City Commission DRAFT MEETING MINUTES, January 14, 2019
Page 3 of 13
Cr. Cunningham talked about a recent question from the public about the revised ordinance in Section 4.,
A. regarding whether striking the sentence in Number 1. means a developer does not have to sell to
qualified individuals who are defined elsewhere. He asked staff for clarification.
06:05:32 PM (00:07:12) Amendment to the Motion to insert the words “to qualified buyers” at the end
of the first sentence of Section 4. A., 1. and 2.
Commissioner - Terry Cunningham: Motion
Commissioner - I-Ho Pomeroy: 2nd
06:05:54 PM (00:07:34) Discussion
Cr. Cunningham believes, as pointed out by staff, that this eliminates and pulls together any potential
loopholes.
Cr. Pomeroy agrees with Cr. Cunningham.
06:06:10 PM (00:07:50) Point of Order
Cr. Krauss pointed out there is no motion on the table at this time.
06:06:32 PM (00:08:12) Motion to finally adopt Ordinance 2012, Amending Division 38.380 Affordable
Housing, of the Bozeman Municipal Code, to Revise Definitions, Pricing Requirements, Eligibility for
Subsidies, Alternate Means of Compliance, and Non-Cash Subsidy Recapture Provisions, Application
18424.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Terry Cunningham: 2nd
06:07:03 PM (00:08:43) Discussion
DM Mehl stated this item is on consent because it was approved by a 4-1 vote previously and consent
items are supposed to be unanimous. He clarified the modified amendment to Section 4.
06:07:44 PM (00:09:24) Point of Clarification
CA Sullivan clarified the intent of the commission to add language “to qualified buyers” and the
commission needs to amend the motion stated by Deputy Mayor Mehl by a motion.
06:08:08 PM (00:09:48) Amendment to the Motion to insert the words “to qualified buyers” at the end
of the first sentence of Section 4. A., 1. and 2.
Commissioner - Terry Cunningham: Motion
Deputy Mayor - Chris Mehl: 2nd
25
Bozeman City Commission DRAFT MEETING MINUTES, January 14, 2019
Page 4 of 13
06:08:33 PM (00:10:13) Vote on the Amendment to the Motion to insert the words “to qualified
buyers” at the end of the first sentence of Section 4. A., 1. and 2. 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
06:08:46 PM (00:10:26) Vote on the Motion as Amended to finally adopt Ordinance 2012, Amending
Division 38.380 Affordable Housing, of the Bozeman Municipal Code, to Revise Definitions, Pricing
Requirements, Eligibility for Subsidies, Alternate Means of Compliance, and Non-Cash Subsidy
Recapture Provisions and to insert the words “to qualified buyers” at the end of the first sentence of
Section 4. A., 1. and 2, Application 18424. The motion passed 4-1.
Deputy Mayor - Chris Mehl: 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
I. 06:09:01 PM (00:10:41) Public Comment
Mayor Andrus opened public comment.
06:09:35 PM (00:11:15) Chris Budeski, Public Comment
Mr. Budeski spoke about the upcoming discussion for the SID for Manley Road and asked the commission
to support the SID. He spoke on behalf of the Bozeman Noon Rotary who will put together a pavilion in
Glen Lake Rotary Park and the need for Manley Road to be upgraded.
06:10:46 PM (00:12:26) Ann Marie Quinn, Public Comment
Ms. Quinn owns property in the Gallatin Park development and spoke about the assessment under the
SID for Manley Road, which in part includes small businesses that are in the development. She spoke
about a letter she distributed to 12 small businesses who would encourage the commission to reconsider
the development of Manley Road.
06:14:03 PM (00:15:43) Dan Alexander, Public Comment
Dan Alexander and his wife have taken on the project across from Map Brewery. He talked about the
amount they paid in professional services for the SID. He further talked about the challenges of the SID
26
Bozeman City Commission DRAFT MEETING MINUTES, January 14, 2019
Page 5 of 13
and asked for support from the commission.
06:16:15 PM (00:17:55) Ben Yonker, Public Comment
Mr. Yonker owns a business property on Manley Road and asked the commission to reconsider how the
SID is spread out instead of just on the landowners.
06:17:36 PM (00:19:16) Heidi Ebighausen, Public Comment
Ms. Ebighausen expressed her appreciation and support of the SID, as she owns a property at the end of
Manley Road. She talked about safety concerns regarding people walking their dogs along the road.
J. 06:19:08 PM (00:20:48) Action Items
1. 06:19:09 PM (00:20:49) Resolution 4954, Intent to Create Special Improvement District (SID)
Number 747 for Manley Road (Kohtz)
06:19:23 PM (00:21:03) Staff Presentation
City Engineer Shawn Kohtz presented Resolution 4954. He gave a brief overview of the purpose of the
resolution and reviewed the proposed improvements. He outlined the need for improvements to
Manley Road. He talked about the cost and timeline for improvements and outlined primary and
secondary assessment methodologies. He talked about other improvements to be paid by city funds.
06:38:06 PM (00:39:46) Questions of Staff
Cr. Krauss asked if there are any collector or arterial funds to be accessed. He asked whether any major
changes could be made to reduce the cost.
Cr. Pomeroy asked about the construction costs and why the road costs are so high. She asked about
the city portion of costs. She asked how the costs were divided between the property owners.
Cr. Cunningham asked about the collector street designation and how this plan comports with a
collector street. He asked about the movement of the shared used path. He asked about the current
situation with storm water and improvements for the pond. He asked how the new design provides
safety to pedestrians. He asked about the addition of street lights and dark sky compliant lights.
DM Mehl asked whether this road would be found in the appendix of standards from the past relative to
the transportation master plan. He asked about timing of the bidding and construction. He asked about
street lights in the transportation plan and how night compliant they are. He asked for a summation of
the proposed findings. He asked for a rough range of the amount we will be able to bond.
Mayor Andrus asked why our code does not just require road improvements but also curbs, gutters,
bike lanes, sidewalks, etc. She asked whether they primarily relate to safety. She asked staff to talk
about what it means to waive a right to protest road improvements.
07:08:29 PM (01:10:09) Public Comment
Mayor Andrus opened public comment.
27
Bozeman City Commission DRAFT MEETING MINUTES, January 14, 2019
Page 6 of 13
07:08:43 PM (01:10:23) Katie Moyer, Public Comment
Ms. Moyer is a resident in the neighborhood of Manley Road and talked about finding a shared solution
to improvements. She talked about cost of the SID as well as the design relative to natural habitat space.
07:12:03 PM (01:13:43) Staff Clarification
CA Sullivan talked about the city park on the north side of the road that dedicated parkland has not
been developed and city would still pay assessments for that land. He talked about coming
improvements of the intersection to Griffin and Manley Road. He talked about sewer improvement
coming out of wastewater impact fees.
07:13:12 PM (01:14:52) Questions of Staff
DM Mehl asked staff to answer the question asked by the public about using an SID for improvements.
07:15:11 PM (01:16:51) Motion that incorporating the information and findings in the staff
memorandum, oral findings made by the Commission during this public hearing, information and
findings contained in the proposed resolution, and public comment, I hereby move to adopt Resolution
4954, Intent to Create Special Improvement District Number 747 for Manley Road.
Commissioner - Jeff Krauss: Motion
Commissioner - I-Ho Pomeroy: 2nd
07:15:56 PM (01:17:36) Discussion
Cr. Krauss commented it is a big number and talked about development on Manley Road. He talked
about concerns over dark sky compliance with the lighting. He talked about the waiver of a right to
protest. He cautioned staff about hearing from the state to contribute.
Cr. Pomeroy commented about building this collector street almost two decades ago and the visibility
would be better with the developed road as well as the businesses.
Cr. Cunningham agrees this area has been developed without improvements to date. He talked about
the safety of the area and the fairest way of allocating the costs. He talked about how each new
business has impacted that area as well as the natural habitat.
DM Mehl agreed it is a big number for not that long of a road but will be supporting it. He commented it
has been 18 years since we’ve known this would be a collector. He noted the city is paying a significant
amount. He also noted that the state is committed for a significant amount for a park that the city will
maintain. He agrees with the proposed staff findings.
Mayor Andrus will support the resolution. She empathizes for those who have expressed concern over
the payment. She believes the method we are imposing is fair and equitable for road improvements
along with safety around sidewalks, etc. and everyone in the district benefits from a safer road.
Cr. Krauss commented this touches on a number of subjects. He believes bikes and pedestrians provide
a small amount of the total miles traveled. He pointed out we are taking roads and turning them into
city streets and it is a very expensive process.
07:40:24 PM (01:42:04) Vote on the Motion that incorporating the information and findings in the
28
Bozeman City Commission DRAFT MEETING MINUTES, January 14, 2019
Page 7 of 13
staff memorandum, oral findings made by the Commission during this public hearing, information and
findings contained in the proposed resolution, and public comment, I hereby move to adopt Resolution
4954, Intent to Create Special Improvement District Number 747 for Manley Road. The motion passed
5-0.
Commissioner - Jeff Krauss: 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
07:40:36 PM (01:42:16) Recess
Mayor Andrus called the commission into recess.
07:50:15 PM (01:51:55) Call to Order
Mayor Andrus called the commission back to order at 7:50 PM.
2. 07:50:26 PM (01:52:06) Transportation (Street) Impact Fee Study – Presentation by Impact
Fee Study Consultants and Direction to Staff Regarding Adopting the New Study and Making
Changes to the City’s Transportation (Street) Impact Fees (Rosenberry)
07:50:59 PM (01:52:38) Staff Presentation
ACM Rosenberry explained the next four items are presentations from consultants, Tindale Oliver, hired
by the city to update our impact fee study analysis. She talked about the city’s development impact fee
programs and how impact fees are collected on all new and some renovated construction projects. She
pointed out there is a state requirement to establish a fee based on cost of capital and the demand
generated by new developments. She talked about public outreach and participation that has taken
place through this process. Tonight is an opportunity to hear presentations of these four different
studies and make comments and ask questions. She pointed out staff will return with resolutions
adopting the studies and implementing new fees.
08:05:59 PM (02:07:39) Questions of Staff
Cr. Pomeroy asked about the choice between scenario one or scenario two.
DM Mehl asked about the membership of the Impact Fee Advisory Committee. He asked for
confirmation that what has to be done is covered by state law. He asked if anyone can be exempt from
impact fees. He asked if we can use other funds to offset impact fees. He asked about the proration for
household size. He asked about the 100% charge for the fee amount for all four services.
Cr. Krauss asked if there is a way for businesses to be exempt to certain fees if they cannot use them,
such as bike lanes and sidewalks.
29
Bozeman City Commission DRAFT MEETING MINUTES, January 14, 2019
Page 8 of 13
08:21:22 PM (02:23:02) Presentation of Consultants
ACM Rosenberry introduced Ms. Kamp with Tindale Oliver who presented information and computed
data on Transportation Impact Fees. She outlined the components of the study.
08:34:49 PM (02:36:29) Questions
Cr. Pomeroy asked about scenario one and two relative to apartment buildings and townhomes.
Mayor Andrus asked whether the consultant is calculating the demand based on the number of trips.
She asked about how much traffic is generated relative to single family versus multi family.
Cr. Cunningham asked about a specific calculation correlation. He asked about incorporating the nodes
the city is trying to develop. He asked about providing more biking and transit amenities. He asked
about vehicle capacity ratio.
DM Mehl asked about the numbers driven by a formula and not an outcome. He asked how many
communities they do this study for across the country. He asked about criteria for creating trip exchange
districts. He asked how they used the transportation plan in their calculations. He asked for an
explanation that intersections should be paid for by impact fees.
Mayor Andrus asked about level of service and if it differs from the UDC. She asked the consultant to
explain the main difference between scenario one and scenario two.
Cr. Krauss asked how many clients are in the state of Montana. He talked about school impact fees
prohibited by stated law. He asked about income from households per year. He asked to see how the
collector and arterial fees were spent over the last several years. He asked about expenditures.
Cr. Pomeroy asked for clarification on scenario one or scenario two.
DM Mehl asked whether impact fees would figure to be 100% of what we think the cost would be for a
certain level of service and transportation being proportional. He talked about the commission’s ability
to reduce the percentage as a policy from the 0.73% versus choosing the 1 % and unable to go above.
CM Pomeroy asked about the level of service for scenario two.
09:38:52 PM (03:40:32) Public Comment
There was no public comment.
09:39:11 PM (03:40:51) Motion to direct staff to return with a resolution to adopt the new study and
change Transportation Impact Fees.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Terry Cunningham: 2nd
09:39:49 PM (03:41:29) Discussion
Cr. Pomeroy thinks it is very good to have level service C but would also like to have a less expensive and
more affordable scenario 1 and a level service of C. She would like more information brought back.
Cr. Cunningham talked about the calculation regarding whether it is logical and legal. He talked about the
method of measuring future demand cost and providing credit outlined in the scenario. He is convinced a
lot of data has gone into the study but would like to see it more updated. He has not arrived at a
30
Bozeman City Commission DRAFT MEETING MINUTES, January 14, 2019
Page 9 of 13
conclusion.
09:42:52 PM (03:44:32) Amendment to the Motion to have the consultant and staff study a volume to
capacity ratio of 0.73% and report back to the commission as part of future considerations.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
09:43:08 PM (03:44:48) Discussion
DM Mehl talked about the goal of the impact fees. He is very interested in making sure the arterial and
collector is being accounted for in terms of credit and doesn’t care about the commuter.
Cr. Krauss talked about builders using the capacity that already exists without replacing it unless we
charge them a capacity fee. He thinks all of us in town own making the streets safer for commuters.
Mayor Andrus will support the amendment. She talked about the Transportation Plan which identifies
current and future assets and is a good guiding document. She thinks the 0.73% give us a little more
cushion as well.
09:51:24 PM (03:53:04) Vote on the Amendment to the Motion to have the consultant and staff study
a volume to capacity ratio of 0.73% and report back to the commission as part of future
considerations. 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
09:51:35 PM (03:53:15) Discussion
Cr. Krauss stressed his significant questions about income and expenditures that need to be resolved
before he can offer his support. He talked about the use of impact fees for deferred maintenance on roads
and intersections.
DM Mehl will vote for it based on the next discussion three or four weeks from now after collecting
information. He wants the process to keep going.
Mayor Andrus agrees the questions raised and pending answers will be extremely helpful.
09:56:00 PM (03:57:40) Vote on the Motion as Amended to direct staff to return with a resolution to
adopt the new study and change Transportation Impact Fees and to have the consultant and staff
study a volume to capacity ratio of 0.73% and report back to the commission as part of future
considerations. The motion passed 4-1.
31
Bozeman City Commission DRAFT MEETING MINUTES, January 14, 2019
Page 10 of 13
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Chris Mehl: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Disapprove
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
09:56:11 PM (03:57:51) Meeting Extended
Mayor Andrus extended the meeting to 10:30 PM.
3. 09:56:20 PM (03:58:00) Fire/Emergency Medical Services (EMS) Impact Fee Study –
Presentation by Impact Fee Study Consultants and Direction to Staff Regarding Adopting the
New Study and Making Changes to the City’s Fire/EMS Impact Fees (Rosenberry)
09:56:23 PM (03:58:03) Consultant Presentation
Ms. Kamp presented the Fire/EMS Impact Fee study. She talked about inventory of three fire//EMS
stations and stated the consultants looked at assets today relative to what it would cost to build them.
Included in the costs are equipment and vehicles, service area and population, and level of service
(handling approx. 15,000 people each). She talked about the cost component, credit component,
demand component, calculated impact fee, and residential split. She reviewed the detailed calculated
impact fee schedules. She reviewed the impact fee comparison among other Montana cities.
10:02:19 PM (04:03:59) Questions of Consultant
Mayor Andrus confirmed the commission is deciding on splitting categories into single and multi-family
costs.
Cr. Cunningham asked how the calculations are projected relative to existing and new households. He
asked about equipment included in support costs. He asked if we look at the quality of other cities fire
stations. He asked about the credit component.
DM Mehl asked staff about structural fires and EMS calls and what’s growing faster.
Cr. Krauss asked about responses to calls outside the city and whether there is anything in the study
about the interstate surface. He asked about the significant difference in the fee schedule between a
3,000 square foot single family home and a 3,000 square foot luxury town home.
Cr. Pomeroy asked about measurements relative to a dwelling unit versus group quarters.
Mayor Andrus asked if the population call trends, inventory, etc. are using Bozeman only data.
Cr. Krauss asked about using square footage but not bedrooms.
10:17:56 PM (04:19:36) Public Comment
There was no public comment.
10:18:05 PM (04:19:45) Motion to direct staff to return with a resolution to adopt the new study and
32
Bozeman City Commission DRAFT MEETING MINUTES, January 14, 2019
Page 11 of 13
change Fire/EMS Impact Fees.
Commissioner - Terry Cunningham: Motion
Deputy Mayor - Chris Mehl: 2nd
10:18:20 PM (04:20:00) Discussion
Cr. Cunningham talked about the data supporting a higher degree of new impact fees on townhomes and
affordable housing townhomes. He is interested in finding ways to do offsets but finds the study logical
and legal.
DM Mehl will support the motion and feels the fees are more dialed in.
Cr. Krauss is a little uncomfortable with dividing it up between single and multi-family households. He
thinks one fire fee for dwelling units would be more defendable for all of them.
Cr. Pomeroy will support the motion.
Mayor Andrus believes it more accurately reflects the costs.
10:22:26 PM (04:24:06) Vote on the Motion to direct staff to return with a resolution to adopt the new
study and change Fire/EMS Impact Fees. The motion passed 4-1.
Commissioner - Terry Cunningham: Motion
Deputy Mayor - Chris Mehl: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Disapprove
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
4. 10:22:38 PM (04:24:18) Water Impact Fee Study – Presentation by Impact Fee Study
Consultants and Direction to Staff Regarding Adopting the New Study and Making Changes
to the City’s Water Impact Fees (Rosenberry)
10:22:45 PM (04:24:25) Consultant Presentation
Mr. Thomas presented the study update for water and wastewater impact fees. He talked about the
impact fee background and stated the related criteria have been developed under Montana Code and
Case Law.
10:30:27 PM (04:32:07) Meeting Extended
Mayor Andrus extended the meeting to 10:45 PM.
10:30:37 PM (04:32:17) Consultant Presentation Continued
Mr. Thomas continued discussing levels of service and proposed impact fees. He talked about costs and
explained his proposed change in methodology.
33
Bozeman City Commission DRAFT MEETING MINUTES, January 14, 2019
Page 12 of 13
10:45:41 PM (04:47:21) Meeting Extended
Mayor Andrus extended the meeting to 11:00 PM.
10:45:50 PM (04:47:30) Questions of Consultant
Mayor Andrus clarified that they are looking at the methodology of per gallon versus per acre.
DM Mehl confirmed the consultant has recent city data they use and asked how he would do the gallons
because we charge when the permit is obtained.
Cr. Cunningham asked about summer as highest capacity and whether we are disproportionately
charging residential versus nonresidential.
Mayor Andrus clarified the discussion is around meter size versus square footage and transmission of
gallons versus per acre.
10:52:46 PM (04:54:26) Public Comment
Mayor Andrus opened public comment.
10:52:52 PM (04:54:32) Cordell Pool, Public Comment
Mr. Pool talked about the group quarters error. He talked about project review process in Bozeman and
taking impact fees to the level of the rest of the review process. He talked about the fee process. He
suggested exploring some mathematical based fees.
10:57:17 PM (04:58:57) Motion to direct staff to return with a resolution to adopt the new study and
change Water Impact Fees.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
10:57:33 PM (04:59:13) Discussion
DM Mehl agrees with the shift to equivalent residential units. He talked about the variable nature of water
use. He talked about continuing with stretch codes to promote conservation and mentioned tiered rates.
10:59:23 PM (05:01:03) Vote on the Motion to direct staff to return with a resolution to adopt the new
study and change Water Impact Fees. 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. Combined with the Water Impact Fee Study at 10:22:38 Wastewater Impact Fee Study –
34
Bozeman City Commission DRAFT MEETING MINUTES, January 14, 2019
Page 13 of 13
Presentation by Impact Fee Study Consultants and Direction to Staff Regarding Adopting the
New Study and Making Changes to the City’s Wastewater Impact Fees (Rosenberry)
10:59:33 PM (05:01:13) Motion to direct staff to return with a resolution to adopt the new study and
change Wastewater Impact Fees.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
10:59:52 PM (05:01:32) Discussion
DM Mehl commented these are the most dialed in fees in terms of being able to measure, and the margin
of error is the smallest.
Cr. Krauss likes the ideas heard tonight in the public comment relative to applying seasonality.
11:01:21 PM (05:03:01) Meeting Extended
Mayor Andrus extended the meeting to 11:03 PM.
11:01:44 PM (05:03:24) Vote on the Motion to direct staff to return with a resolution to adopt the new
study and change Wastewater Impact Fees. The motion passed 5-0.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
K. 11:01:57 PM (05:03:37) FYI/Discussion
There was no FYI.
L. 11:02:04 PM (05:03:44) Adjournment
Mayor Andrus adjourned the meeting at 11:02 PM.
35
Page 1 of 11
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, January 28, 2019
AGENDA ORDER MODIFIED DURING MEETING. ITEMS REMAIN NUMBERED AS ORIGINALLY NOTICED.
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, Assistant City Manager (ACM) Chuck Winn, Assistant City Manager (ACM) Anna
Rosenberry, Finance Director (FD) Kristin Donald, Water Conservation Specialist (WCS) Jessica Ahlstrom
A. 06:00:00 PM (00:04:37) 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 (00:04:45) Pledge of Allegiance and a Moment of Silence
C. 06:00:49 PM (00:05:26) Changes to the Agenda
• Mayor Andrus requested moving the board appointments before action item 2.
• CM Surratt stated a break will be needed for the policy discussion to set a table up prior.
D. 06:01:46 PM (00:06:23) FYI
• Cr. Cunningham provided an update of the affordable housing needs assessment and
working group, and discussed a need to fund this contract further.
E. 06:04:45 PM (00:09:22) Commission Disclosures
• DM Mehl and Cr. Cunningham met with an individual involved with action item 2, but this
item was not discussed.
• Cr. Pomeroy stated one of the Riverside representatives are both in Sunrise Rotary, and he
was her former campaign treasurer. DM Mehl stated he was also in the Sunrise Rotary
group.
36
Bozeman City Commission Meeting DRAFT MINUTES, January 28, 2019
Page 2 of 11
F. 06:05:46 PM (00:10:23) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Appoint a Sub-Committee of Two Commissioners to Review Depository Bonds and Pledged
Securities as of December 31, 2018 (Clark)
3. Authorize the City Manager to Sign the Application for Federal Assistance SF-424 with the
Environmental Protection Agency (EPA) for a Fiscal Year 2019 Community-Wide Brownfields
Assessment Grant Proposal (Fine)
4. Authorize the City Manager to Sign an Access Easement and Temporary Public Street
Easement with Taylor Properties, Inc. for Sidewalk Installation and a Vehicle Turnaround for
the Lincoln Street Apartments Project (Nielsen)
5. Authorize the City Manager to Sign a Public Street and Utility Easement with Cattail
Investments II, LLC for the Creekside Apartments Phase 2 Project (Nielsen)
6. Authorize the City Manager to Sign Temporary Construction Permits with Kardar, LLC, The
Blackleaf Group, LLC, and Bozeman High School District Number 7 for Improvements to
Cottonwood Road between Durston Road and Babcock Street (Murray)
7. Resolution 5001, the 2018 NW Corner of Cottonwood and Oak Growth Policy Amendment
Amending the Future Lane Use Map from Residential and Present Rural to Community
Commercial Mixed Use and Residential Emphasis Mixed Use, Application 18450 (Garber)
8. Resolution 5002, Requesting Distribution of Bridge and Road Safety and Accountability
Program Funds (Donald)
9. Resolution 5010, Authorizing the City Manager to Sign Change Order Number 3 with Williams
Brother Construction, LLC for the Water Reclamation Facility (WRF) Small Works Construction
Project (Heaston)
06:05:51 PM (00:10:28) City Manager Overview
CM Surratt provided the highlights of the consent agenda.
06:07:30 PM (00:12:07) Public Comment
There was no public comment.
06:07:44 PM (00:12:21) Motion and Vote to approve Consent Items 1-9 as submitted. The motion
passed 5-0.
Commissioner - Jeff Krauss: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
37
Bozeman City Commission Meeting DRAFT MINUTES, January 28, 2019
Page 3 of 11
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
G. 06:08:02 PM (00:12:39) Public Comment
Mayor Andrus opened public comment.
06:08:50 PM (00:13:27) Dave Weiss, Public Comment
Mr. Weiss discussed the possibility of lifting restrictions of using some alcohol licenses in the
downtown/midtown area when in the vicinity of a school/church. He asked the commission to revisit
this issue.
H. 06:11:59 PM (00:16:36) Action Items
1. 06:12:02 PM (00:16:39) Resolution 4972, Stating Conditions Necessary for the City
Commission to Consider Annexation of Property Located within the Riverside Water and
Sewer District (Winn)
06:12:26 PM (00:17:03) Staff Presentation
ACM Chuck Winn discussed setting guidelines and framing the discussion for a successful annexation of
the Riverside Water and Sewer District. He discussed the location of the district, the background of the
issue, annexation procedures, what happens upon annexation, miscellaneous additional issues for
future consideration, and unique circumstances for this issue.
06:26:24 PM (00:31:01) Questions of Staff/Applicant
Cr. Pomeroy asked what Riverside would get out of this, and if they would provide their own water in
the future, and the specifics of water rights. She asked if we would assume the debt of Central Valley
Fire. She asked about annexation of the golf course.
Cr. Cunningham asked about what direction ACM Winn needs from the commission, and asked about
whether there is problematic water discharge at this time, and he asked about the possibility of a return
loop of treated water. City Engineer Shawn Kohtz discussed the benefits of the water reuse. He asked
about what it would take to bring the streets up to city standards. He asked CA Sullivan if the City or
District is responsible for any DEQ violations. He also asked about parkland in the district. CA Sullivan
stated this situation is different as annexation petitions usually come from property owners themselves,
which is doesn’t necessary expect with this.
DM Mehl asked what happens to the lagoon, he asked further about water violations, he asked about
costs and payment options, what would trigger infrastructure improvements being built, and whether
water meters will be required.
Cr. Krauss asked how the city finds out about sump pumps wired to city services.
Mayor Andrus asked if recent discussions have significantly changed the resolution in front of them
today. Gene Gaines, with the Riverside District, discussed suggested changes that were accommodated.
He also thanked staff for being so helpful and accommodating.
38
Bozeman City Commission Meeting DRAFT MINUTES, January 28, 2019
Page 4 of 11
06:57:15 PM (01:01:52) Public Comment
Mayor Andrus opened public comment.
06:57:40 PM (01:02:17) Gene Gaines, Public Comment
Mr. Gaines spoke about the Trout Unlimited request to reloop used water on the golf course.
06:59:29 PM (01:04:06) Patrick Wyerth, Public Comment
Mr. Wyerth, with Trout Unlimited, discussed Riverside’s discharge violation, and the importance of
alleviating the problem long-term.
07:02:45 PM (01:07:22) Guy Elstintzer, Public Comment
Mr. Elstintzer, with the Upper Missouri Water Keeper non-profit, expressed similar concerns to Trout
Unlimited’s, specific to violations and the importance of future solutions.
07:05:55 PM (01:10:32) Motion to adopt Resolution 4972 and direct staff to work with the appropriate
parties to initiate and complete the Riverside Annexation.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Terry Cunningham: 2nd
07:06:12 PM (01:10:49) Discussion
Cr. Pomeroy supports this and thinks this is worthwhile to pursue.
Cr. Cunningham stated this has come up because the DEQ violations have brought the issue forward,
and discussed future options for the district.
07:11:29 PM (01:16:06) Amendment to the Motion that this agreement not preclude the possibility of
eventually Bozeman’s [Water] Reclamation Facility rerouting treated affluent to the Riverside general
area for land application.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
07:11:52 PM (01:16:29) Discussion
DM Mehl stated this is a request of staff on the record.
Cr. Krauss stated this says the unsaid in the agreement. He represents those in the city, so he has no
way of forcing the Country Club to do this.
Cr. Cunningham stated this presents an opportunity that could be used to benefit in the future.
Mayor Andrus thinks it’s wise to leave the option open.
07:17:39 PM (01:22:16) Vote on the Amendment to the Motion that this agreement not preclude the
possibility of eventually Bozeman’s [Water] Reclamation Facility rerouting treated affluent to the
Riverside general area for land application. The amendment passed 5-0.
39
Bozeman City Commission Meeting DRAFT MINUTES, January 28, 2019
Page 5 of 11
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
07:17:53 PM (01:22:30) Discussion Continued
DM Mehl stated now is the time to act, and that this is the offer.
Cr. Krauss discussed the conditions of infrastructure, he expressed concern regarding water meters and
sump pumps. He stated if folks want to annex, they will be welcome.
Cr. Pomeroy thanks those for solving this problem.
Mayor Andrus associated herself with prior comments, and discussed the many reasons to annex.
07:27:59 PM (01:32:36) Vote on the Motion to adopt Resolution 4972 and direct staff to work with the
appropriate parties to initiate and complete the Riverside Annexation. 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
2. 07:28:12 PM (01:32:49) NW Corner of Cottonwood and Oak Annexation and Initial Zone Map
Amendment of Approximately 160 Acres with a Zoning Designation of B-2M, Community
Business District-Mixed, and REMU, Residential Emphasis Mixed Use, Located at 5250 Baxter
Lane, Application 18490 (Garber)
07:28:44 PM (01:33:21) Staff Presentation
Assistant Planner Danielle Garber discussed the subject property location, the proposed zoning, MCA
zoning criteria of evaluation, existing volume and capacity ratios, transportation projects in close
vicinity, the City’s annexation goals and policies, there has been no public comment, the Zoning
Commission, Development Review Committee, and staff recommend approval.
07:38:21 PM (01:42:58) Questions of Staff
Mayor Andrus asked for more clarification on whether there are wastewater issues with this
application. Engineer Griffin Nielsen responded in detail.
Cr. Cunningham asked where the nearest commercial nodes are, he asked about the primary and
40
Bozeman City Commission Meeting DRAFT MINUTES, January 28, 2019
Page 6 of 11
secondary zoning designations.
Cr. Pomeroy asked how much this will cost the city.
Cr. Krauss asked about the timing of the interceptor and the Davis lift station, and if they have to be
finished before the high school can open.
07:49:34 PM (01:54:11) Applicant Presentation
Greg Stratton, with Kilday-Stratton, discussed the project location, how they would address wetlands,
the growth policy designation, proposed zoning, disagreement with staff on two of the criteria, and
what they like about the combination of this zoning. He provided pictures of lifestyle shots and housing
types that would be possible.
07:56:21 PM (02:00:58) Public Comment
There was no public comment.
07:56:34 PM (02:01:11) Motion that having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings presented in the
staff report for application 18490 and move to approve the NW Corner of Cottonwood and Oak
Annexation with recommended terms of annexation, and direct staff to prepare an annexation
agreement for signature by the parties.
Commissioner - Terry Cunningham: Motion
Deputy Mayor - Chris Mehl: 2nd
07:57:04 PM (02:01:41) Discussion
Cr. Cunningham made findings regarding the annexation goals and priorities. He discussed annexations
and zone map amendments as public discussion of growth.
DM Mehl supports the annexation.
Cr. Krauss generally supports annexation when requested, including here.
Cr. Pomeroy agrees with staff’s findings, and supports the annexation.
Mayor Andrus agrees with staff’s findings and also supports the annexation.
08:05:13 PM (02:09:50) Vote on the Motion that having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 18490 and move to approve the NW Corner of
Cottonwood and Oak Annexation with recommended terms of annexation, and direct staff to prepare
an annexation agreement for signature by the parties. 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
41
Bozeman City Commission Meeting DRAFT MINUTES, January 28, 2019
Page 7 of 11
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
08:05:28 PM (02:10:05) Motion that having reviewed and considered the staff report, application
materials, public comment, recommendation of the Zoning Commission and all information presented,
I hereby adopt the findings presented in the staff report for application 18490 and move to approve the
NW Corner of Cottonwood and Oak Zone Map Amendment, with contingencies required to complete
the application processing.
Commissioner - Terry Cunningham: Motion
Deputy Mayor - Chris Mehl: 2nd
08:05:50 PM (02:10:27) Discussion
Cr. Cunningham made specific favorable findings.
DM Mehl supports the motion, and that this increases density on arterial roads. He found the zoning
appropriate.
Cr. Krauss noted this area will soon be well within the city limits, and the importance of intentional
zoning in areas like this.
Cr. Pomeroy spoke of the opportunity of having residential and business together.
Mayor Andrus supports this zoning at this location.
08:13:34 PM (02:18:11) Vote on the Motion that having reviewed and considered the staff report,
application materials, public comment, recommendation of the Zoning Commission and all
information presented, I hereby adopt the findings presented in the staff report for application 18490
and move to approve the NW Corner of Cottonwood and Oak Zone Map Amendment, with
contingencies required to complete the application processing. 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
08:13:46 PM (02:18:23) Recess
Mayor Andrus called commission into recess until 8:30 PM.
08:26:16 PM (02:30:53) Call to Order
Mayor Andrus called the meeting back to order at 8:26 PM.
4. 08:26:19 PM (02:30:56) Appointment to the Bozeman Beautification Advisory Board (BBAB)
42
Bozeman City Commission Meeting DRAFT MINUTES, January 28, 2019
Page 8 of 11
(Sweeney)
08:26:26 PM (02:31:03) Public Comment
There was no public comment.
08:26:35 PM (02:31:12) Motion and Vote to appoint Tanya Cunningham to the [Bozeman
Beautification Advisory] Board to a term ending June 30, 2020. The motion passed 5-0.
Deputy Mayor - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
5. 08:26:56 PM (02:31:33) Appointment to the Bozeman Historic Preservation Advisory Board
(BHPAB) (Sweeney)
08:26:59 PM (02:31:36) Public Comment
There was no public comment.
08:27:09 PM (02:31:46) Motion and Vote to appoint Samantha Fox to the Bozeman Historic
Preservation Advisory Board [to an At-Large position with a term ending June 30, 2020]. The motion
passed 5-0.
Commissioner - Jeff Krauss: 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
6. 08:27:30 PM (02:32:07) Appointment(s) to the City Planning Board (Sweeney)
08:27:32 PM (02:32:09) Public Comment
There was no public comment.
08:27:40 PM (02:32:17) Motion and Vote to appoint George Thompson, Mark Egge, and Cathy Costakis
to the City Planning Board to City Commission Appointment positions expiring on January 31, 2021.
43
Bozeman City Commission Meeting DRAFT MINUTES, January 28, 2019
Page 9 of 11
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
7. 08:28:06 PM (02:32:43) Appointment to the Fire Code Board of Appeals (Sweeney)
08:28:11 PM (02:32:48) Public Comment
There was no public comment.
08:28:18 PM (02:32:55) Motion and Vote to appoint Brenda York [to the Fire Code Board of Appeals
with a term ending December 31, 2021.] 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
3. 08:28:42 PM (02:33:19) Water and Wastewater Rate Study Work Session (Donald)
08:29:26 PM (02:34:03) Procedure/Questions
Mayor Andrus noted the process for this work session.
Cr. Krauss asked for this to be presented as to how it will look on a bill.
08:31:39 PM (02:36:16) Staff Presentation
ACM Rosenberry discussed the topic and when rates are updated. Shawn Gaddie with AE2S stated there
are policy issues that he’s looking for direction on tonight. WCS Ahlstrom discussed the possibility of a
conservation-based rate structure and plans that support this. Mr. Gaddie discussed the water rate
design and tiers in great detail. He discussed a water sales/revenue forecast for each alternative
proposed. He discussed drought surcharge rates and drought reserve funding. He discussed the cost of
service analysis.
09:32:51 PM (03:37:28) Questions/Discussion
44
Bozeman City Commission Meeting DRAFT MINUTES, January 28, 2019
Page 10 of 11
Mayor Andrus asked what could potentially impact the cash reserves.
Cr. Pomeroy asked if the existing structure is encouraging conservation.
DM Mehl asked about the average water use and share of homes. Senior Engineer Brian Heaston
clarified.
Cr. Krauss asked about winter vs. summer quality of life usages.
10:01:42 PM (04:06:19) Meeting Extended
Mayor Andrus extended the meeting to 10:30 PM.
10:01:47 PM (04:06:24) Questions/Discussion Continued
DM Mehl asked if the city was open to having a different rate in summer vs. winter.
Cr. Cunningham asked how quickly the public reacts to pricing signals and when they’re billed. He asked
about summer consumption.
The commission discussed moving alternative 2 to 8 in tier 1.
Cr. Cunningham asked how often droughts happen. He asked about the drought cap on bills. He asked
about the benefit of classes over volumetric surcharge. He asked if the options could be priced for the
future.
Mayor Andrus asked Mr. Godde to give the commission the question he needs answered most.
DM Mehl stressed the importance of reaching the revenue target.
Cr. Krauss is comfortable with seeing alternatives, but errs towards alternative 3. He noted lot sizes have
decreased.
Cr. Cunningham is not interested in alternative 1.
Cr. Krauss stated options with red will likely not be supported.
CM Surratt stated alternative 3 is the most aggressive, but meets their concerns.
DM Mehl wants to know how many people are affected by this. He asked why this can’t apply to
commercial.
10:32:32 PM (04:37:09) Meeting Extended
Mayor Andrus extended the meeting to 10:45 PM.
10:32:37 PM (04:37:14) Questions/Discussion Continued
The commission and staff discussed adding commercial and how/whether to attempt to incorporate
this.
Cr. Cunningham asked about the 25% cap for drought reserve funding. The commission provided
direction for the drought reserve funding.
DM Mehl asked what the reserve funding policies will increase on bills.
10:48:06 PM (04:52:43) Meeting Extended
Mayor Andrus extended the meeting to 10:55 PM.
10:48:11 PM (04:52:48) Questions/Discussion Continued
The commission discussed the cost of service analysis.
45
Bozeman City Commission Meeting DRAFT MINUTES, January 28, 2019
Page 11 of 11
Cr. Krauss stated utilities should not subsidize general government.
I. 10:54:42 PM (04:59:19) FYI / Discussion
• Cr. Cunningham asked about further funding the affordable housing contract.
• Cr. Krauss stated he was interested in Mr. Weiss’s public comment.
J. 10:56:51 PM (05:01:28) Adjournment
Mayor Andrus adjourned the meeting at 10:56 PM.
46