HomeMy WebLinkAbout03-11-19 City Commission Packet Materials - MIN. February 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 February 4, February
11, and February 25, 2019, and User Access to Linked Minutes
MEETING DATE: March 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 February 4, 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 February 11, 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 February 25, 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 February 4,
February 11, and February 25, 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
6
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 March 5, 2019
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Page 1 of 14
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, February 04, 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
A. 05:59:57 PM (00:00:58) 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. 06:00:04 PM (00:01:05) Pledge of Allegiance and a Moment of Silence
C. 06:00:53 PM (00:01:54) Changes to the Agenda
There were no changes to the agenda.
D. 06:01:00 PM (00:02:01) FYI
There was no FYI.
E. 06:01:06 PM (00:02:07) Commission Disclosures
There were no commission disclosures.
F. 06:01:15 PM (00:02:16) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Approve the Depository Bonds and Pledged Securities as of December 31, 2018 (Clark)
3. Authorize the City Manager to Sign a Memorandum of Agreement, Public Use Easement,
Temporary Construction Permit, and Closing Documents with PJB, LLC for Construction of
Improvements to Cottonwood Road, Parcel 2, Located in the Northwest Corner of
Cottonwood Road and Babcock Street (Murray)
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Bozeman City Commission DRAFT MEETING MINUTES, February 4, 2019
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4. Authorize the City Manager to Sign a Contract Agreement with Omdahl Excavation &
Utilities, Inc. for the Lead Service Line Removal and Replacement Project (Murray)
5. Authorize the City Manager to Sign a Professional Services Agreement with M. Logan dba
Camelot Construction for Sidewalk Snow Removal (Veltkamp)
6. Authorize the City Manager to Sign a Purchase Agreement with C. Aycock for a New
Department Canine and Canine Handling Training (Veltkamp)
7. Authorize the City Manager to Sign Amendment Number 4 with Robert Peccia and
Associates for the 5.3 Million Gallon (MG) Water Storage Reservoir Project (Murray)
06:01:20 PM (00:02:21) City Manager Overview
CM Surratt provided highlights of the consent agenda.
06:02:08 PM (00:03:09) Public Comment
There was no public comment.
06:02:19 PM (00:03:20) Motion and Vote to approve Consent Items 1-7 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
G. 06:02:46 PM (00:03:47) Public Comment
Mayor Andrus opened public comment
06:03:23 PM (00:04:24) Luke Minton and Soren Hughsby, Public Comment
Mr. Minton spoke about his trip to Indonesia last summer and his observation of the amount of plastic
waste. He further spoke of his awareness of plastic once coming back to Bozeman. Mr. Hughes spoke of
his experience with plastic bags used at a grocery store as well as overuse of plastic in general. He
further spoke of things being done in other cities to reduce the use of plastic.
H. 06:08:50 PM (00:09:51) Special Presentation
1. 06:09:36 PM (00:10:37) State of the City Address (Andrus)
Mayor Andrus presented the State of the City Address. She talked about the strength of the
community, challenges, growth and change. She talked about areas of focus for the coming
year.
2. 06:36:07 PM (00:37:08) Fiscal Year 2019 Second Quarter Financial Report (Donald)
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06:36:25 PM (00:37:26) Staff Presentation
Finance Director Kristin Donald presented the FY19 second quarter unaudited financial report. This is a
high level summary used to look at outliers in case there is anything in question. She pointed out the
location on the website where the financial report is posted.
06:39:36 PM (00:40:37) Questions of Staff
Cr. Cunningham asked questions about the general fund expenditures chart, specifically operations and
fluctuations between the first and second half of the quarter. He asked about impact fee revenues.
Mayor Andrus asked about general funds relative to lagging collections and county option tax.
I. 06:41:29 PM (00:42:30) Action Items
1. 06:41:32 PM (00:42:33) Resolution 4980, Modifying Special Improvement Lighting District
(SILD) Number 728 for the Lakes at Valley West Phases 1-5A (Donald)
06:41:47 PM (00:42:48) Staff Report
Finance Director Kristin Donald presented the modification for The Lakes at Valley West, SILD 728, to
add Phase 5A of the lighting district. City Engineer Shawn Kohtz talked about two public comments
received relative to light intrusion into homes. He talked about research conducted on lighting
standards.
06:44:58 PM (00:45:59) Questions of Staff
There were no questions.
06:45:09 PM (00:46:10) Public Comment
There was no public comment.
06:45:17 PM (00:46:18) Motion to adopt Resolution 4980, Modifying Special Improvement Lighting
District (SILD) Number 728 for the Lakes at Valley West Phases 1-5A.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Chris Mehl: 2nd
06:45:36 PM (00:46:37) Discussion
Cr. Pomeroy stated this is a requirement of final plat approval and will support the motion.
DM Mehl pointed out they are approving the 728th lighting district and there are still questions about the
utility interface and restated the commission’s request for an update as a reminder.
Cr. Cunningham called out a special thanks to Mr. Kohtz and staff to recognize public comments and take
action.
Cr. Krauss will be voting no and finds it unacceptably impactful to surrounding property owners.
Mayor Andrus will support it and thinks the lights are essential for safety.
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06:47:52 PM (00:48:53) Vote on the Motion to adopt Resolution 4980, Modifying Special Improvement
Lighting District (SILD) Number 728 for the Lakes at Valley West Phases 1-5A. The motion passed 4-1.
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
2. 06:48:02 PM (00:49:03) Resolution 4983, Intent to Create Special Improvement District (SID)
Number 750 for the Purpose of Undertaking Certain Local Improvements to North Tracy
Avenue from Villard Street to Peach Street and Financing the Costs Thereof (Gamradt)
06:48:28 PM (00:49:29) Staff Presentation
City Staff Engineer Kellen Gamradt presented the North Tracy Avenue Reconstruction project, which will
be the sixth local street reconstructed under current policy. He pointed out there have been two public
meetings on the project, which has received the most positive reaction from local residents on street
reconstruction. Mr. Gamradt outlined the plan for the reconstruction. He outlined the estimated cost
and how it will be funded. He talked about the protest provisions.
06:54:43 PM (00:55:44) Questions of Staff
DM Mehl asked how the decision was made about which road to approach the citizens for at this time.
Cr. Cunningham asked about room for interpretation for the funding classifications and average daily
traffic or vehicles per day.
Cr. Krauss pointed out for correction that the higher the amount of traffic, the more beneficial it is for
the financial split for the people affected by the SID.
Cr. Pomeroy asked how often the property owner is paying the assessment. She asked about where the
money is coming from for financing. She asked about the reasonability of cost to property owners.
DM Mehl clarified his understanding is if a household did have the entire amount they could pay it off
without interest.
07:05:24 PM (01:06:25) Public Comment
There was no public comment.
07:05:35 PM (01:06:36) Motion to adopt Resolution 4983, Intent to Create Special Improvement
District (SID) Number 750 for the Purpose of Undertaking Certain Local Improvements to North Tracy
Avenue from Villard Street to Peach Street and Financing the Costs Thereof.
Deputy Mayor - Chris Mehl: Motion
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Bozeman City Commission DRAFT MEETING MINUTES, February 4, 2019
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Commissioner - Terry Cunningham: 2nd
07:05:54 PM (01:06:55) Discussion
DM Mehl commented on the demonstration of need and there was significant public outreach. He is in
support of it and seems equitable.
Cr. Cunningham associates and agrees with findings presented. He believes the first step should be to
yield a safer street.
Cr. Krauss noted we have been doing one of these every year for a number of years to replace long
neglected curbs and gutters in older parts of town.
Cr. Pomeroy agrees with colleagues and taking care of infrastructure is one of the city’s many functions.
Mayor Andrus will support this as well and commented on community outreach.
Cr. Cunningham appreciates that staff goes out and makes an effort to talk to people.
07:11:50 PM (01:12:51) Vote on the Motion to adopt Resolution 4983, Intent to Create Special
Improvement District (SID) Number 750 for the Purpose of Undertaking Certain Local Improvements to
North Tracy Avenue from Villard Street to Peach Street and Financing the Costs Thereof. The motion
passed 5-0.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Terry Cunningham: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
3. 07:12:13 PM (01:13:13) Nelson Meadows Subdivision Preliminary Plat Application for a
Proposed Twenty-Seven (27) Lot Industrial Subdivision with Two (2) Stormwater Tracks,
Open Space, One Lift Station Lot, and Rights-of-Way on Two (2) Existing Parcels Consisting of
69.26 Acres, Application 18458 (Quasi-Judicial) (Rogers)
07:12:34 PM (01:13:35) Staff Presentation
Senior Planner Tom Rogers entered the staff report, applicant submittal and all associated documents,
including public comment, into the record for the Nelson Meadows Subdivision preliminary plat
application. He talked about the purpose of the application which is to create 27 industrial lots, streets,
open space and storm water areas. He talked in detail about the transportation corridor, multi-use path,
connection trail and open space corridor. He outlined the infrastructure. He talked about staff findings
and outlined the staff memo with suggested conditions of approval which was submitted to the
commission.
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07:24:18 PM (01:25:19) Questions of Staff
Mayor Andrus asked Mr. Rogers to outline the form he submitted to the commission, which contains
additional conditions of approval to address public comments.
07:24:26 PM (01:25:27) Staff Presentation Continued
Mr. Rogers read the additional conditions into the record. City Staff Engineer Griffin Nielsen, staff
engineer for the subdivision, reviewed his prepared slides regarding water distribution system overlaid
with the facility master plan, intersection of Nelson Road and Frontage Road. Mr. Rogers, Mr. Nielsen
and City Engineer Shawn Kohtz answered a number of questions from the commission regarding
infrastructure and issues with the Montana Department of Transportation (MDT).
07:31:38 PM (01:32:39) Questions of Staff
DM Mehl asked if copies of the memo were made available to the public.
Cr. Cunningham asked for a description of things the Property Owners Association will be required to do
and if the city feel it’s a big burden to carry forward. He asked if Cattail Creek is part of the storm water
plan. He asked about easements required for future improvements. He asked about the purpose of the
multi-use path.
Cr. Pomeroy asked about the multi-use use path versus sidewalk and the new conditional of approval
relative to enough space for bicycles passing and people walking.
DM Mehl noted public comment from the applicant’s legal team and asked if staff resolved all the issues
with them and whether there is anything of concern.
Mayor Andrus asked about conversations with MDT and whether all the right people making the
decisions to move forward with the project.
07:48:12 PM (01:49:13) Applicant Presentation
Matt Egstrom, with Morrison Maierle, spoke as the representative for the applicant in Nelson Meadows.
The applicant’s counsel and the applicant were also present. Mr. Egstrom commented they are in
agreement with the conditions as written and memo as modified by staff today. He talked about the
project in detail.
07:52:14 PM (01:53:15) Questions of Applicant
Cr. Cunningham asked about the possibility of not receiving late information submissions the day of a
project hearing to allow enough review time by the commission.
07:55:10 PM (01:56:11) Public Comment
Mayor Andrus opened public comment.
07:55:19 PM (01:56:20) Ralph Zimmer, Public Comment
Ralph Zimmer is representing the Pedestrian and Traffic Safety Committee tonight and talked about
transportation issues and other concerns regarding the path paralleling Frontage Road. He talked about
the length of the intersection. He talked about the work of the developer and city staff.
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Bozeman City Commission DRAFT MEETING MINUTES, February 4, 2019
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07:58:55 PM (01:59:56) Tom Keck, Public Comment
Mr. Keck talked about the size of the document and a critical omission regarding the minimum standard
size of the path. He talked about the need for a good connection for the north/south corridor.
08:00:38 PM (02:01:39) Marilee Brown, Public Comment
Ms. Brown is from the Gallatin Alliance for Pathways and talked about how the developer has been
amazing in working with the public to make sure they are safe and get the infrastructure needed in that
area.
08:02:35 PM (02:03:36) Motion that having reviewed and considered the application materials, public
comment, Planning Board recommendation, and all the information presented, I hereby adopt the
findings presented in the staff report for application 18458 and move to approve the Nelson Meadows
subdivision with conditions and subject to all applicable code provisions.
Commissioner - Terry Cunningham: Motion
Commissioner - I-Ho Pomeroy: 2nd
08:03:15 PM (02:04:16) Discussion
DM Mehl offered a refined motion incorporating staff changes.
08:03:43 PM (02:04:44) Amendment to the Motion to incorporate the changes to conditions of
approval and one engineering provision as discussed in the staff memo of this prepared by Tom
Rogers for the City Commission.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
08:03:59 PM (02:05:00) Discussion
DM Mehl clarified that this incorporate changing Condition #42, altering an engineering provision and
adding three new conditions which were all discussed during public comment.
08:04:27 PM (02:05:28) Vote on the Amendment to the Motion to incorporate the changes to
conditions of approval and one engineering provision as discussed in the staff memo of this prepared
by Tom Rogers for the City Commission. 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
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Bozeman City Commission DRAFT MEETING MINUTES, February 4, 2019
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08:04:38 PM (02:05:39) Discussion
Cr. Cunningham talked would like the motion to incorporate findings related to preliminary plat in staff
report and agrees with those. He expressed concerns about the level of activity with the lift station. He
talked about the resolution related to East Valley Spur.
Cr. Pomeroy agrees with staff findings and developer. She will support the motion.
Mayor Andrus commented on Spur Road and encourages the commission’s support in directing the CM
Surratt to elevate this conversation at MDT to the director to move this along.
DM Mehl is on the Planning Board and appreciates the complexity of this application. He thinks it’s in the
right location.
Cr. Krauss thanked the developer and investor for their interest in our city. He talked about the written
requirement for a 10 foot path. He talked about the intersection of Valley Center Spur Road.
08:15:51 PM (02:16:52) Vote on the Motion as Amended that having reviewed and considered the
application materials, public comment, Planning Board recommendation, and all the information
presented, I hereby adopt the findings presented in the staff report for application 18458 and move to
approve the Nelson Meadows subdivision with conditions and subject to all applicable code provisions
and to incorporate the changes to conditions of approval and one engineering provision as discussed
in the staff memo of this day prepared by Tom Rogers for the City Commission. 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
08:16:02 PM (02:17:03) Recess
Mayor Andrus called the commission into recess until 8:25 PM.
08:24:58 PM (02:25:59) Call to Order
Mayor Andrus called the meeting back to order at 8:25 PM.
4. 08:25:01 PM (02:26:02) Resolution 4986, Adopting the Fire EMS Facilities Impact Fee Study
per Article 2.06, Bozeman Municipal Code, and Establishing Fire Impact Fees as Stated in the
Study (Rosenberry)
08:25:20 PM (02:26:21) Staff Report
ACM Rosenberry presented Resolution 4986 and stated the hearing on resolution that implements fee
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Bozeman City Commission DRAFT MEETING MINUTES, February 4, 2019
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changes discussion was held on January 14, 2019 for Fire EMS Impact Fees. No additional changes were
needed and this item for public comment. The study was adopted and fees proposed in this study will be
implemented effective March 2, 2019. ACM Rosenberry and Community Development Manager Chris
Saunders answered questions from the commission.
08:27:06 PM (02:28:07) Questions of Staff
DM Mehl asked for confirmation that the state governs how we can do impact fees and what it covers.
He asked whether in this case, fees are tiered by size of residential and commercial types. He asked if this
is a cost measuring estimate. He asked whether response time and number of calls are the cost drivers.
Cr. Cunningham asked questions about the chart for residential single family square footage relative to
affordable housing townhomes being considered single family residences.
08:32:44 PM (02:33:45) Public Comment
There was no public comment.
08:32:57 PM (02:33:58) Motion to adopt Resolution 4986, Adopting the Fire EMS Facilities Impact Fee
Study per Article 2.06, Bozeman Municipal Code, and Establishing Fire Impact Fees as Stated in the
Study.
Commissioner - Jeff Krauss: Motion
Commissioner - I-Ho Pomeroy: 2nd
08:33:24 PM (02:34:25) Discussion
Cr. Krauss commented that as stated in the staff report there are no unresolved issues and referred to
the Impact Fee Advisory Committee’s robust discussion where there were also no unresolved issues.
Cr. Pomeroy noted that commissioners directed staff to conduct the study and appreciates the hard work.
DM Mehl is on the Impact Fee Advisory Committee, they voted unanimously.
Cr. Cunningham is grateful for the work of the Impact Fee Advisory Committee. He will vote in favor.
Mayor Andrus will vote in favor and associates her comments with the other commissioners.
08:36:23 PM (02:37:24) Vote on the Motion to adopt Resolution 4986, Adopting the Fire EMS Facilities
Impact Fee Study per Article 2.06, Bozeman Municipal Code, and Establishing Fire Impact Fees as
Stated in the Study. 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
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Bozeman City Commission DRAFT MEETING MINUTES, February 4, 2019
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5. 08:36:36 PM (02:37:37) Resolution 4987, Adopting the Wastewater Impact Fee Study per
Article 2.06, Bozeman Municipal Code, and Establishing Wastewater Impact Fees as Stated
in the Study (Rosenberry)
08:36:55 PM (02:37:56) Staff Presentation
ACM Rosenberry presented Resolution 4987 and stated the hearing for the Wastewater Impact Fee Study
was also held on January 14, 2019 along with a presentation. She noted on that night there was an error
in the materials correcting the impact fee schedule and examples. Staff worked with the consultant to
clarify and correct the fee that would be charged for group quarters. She stated no other changes were
suggested to the fee schedule, which will go into effective March 2, 2019.
08:38:50 PM (02:39:51) Questions of Staff
DM Mehl asked about the comparison to previous fees for use by smaller homes versus larger homes. He
asked whether staff supports the change from going to a per acre charge to an equivalent residential unit.
Cr. Cunningham asked whether staff believes meter size is an accurate representation of how we should
be allocating fees in a non-residential manner.
08:40:37 PM (02:41:38) Public Comment
There was no public comment.
08:40:46 PM (02:41:47) Motion to adopt Resolution 4987, Adopting the Wastewater Impact Fee Study
per Article 2.06, Bozeman Municipal Code, and Establishing Wastewater Impact Fees as Stated in the
Study.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Chris Mehl: 2nd
08:41:07 PM (02:42:08) Discussion
Cr. Pomeroy commented this impact fee is very complicated and was updated. She agrees with the staff
findings and will support the motion.
DM Mehl thanked staff and citizens on the Impact Fee Advisory Committee. He agrees that looking at this
by dwelling unit size is a better way to do things.
Cr. Cunningham appreciates staff contributions and flexibility in fine tuning how we fairly allocate demand
and future demand in an equitable fashion.
Mayor Andrus thinks it’s a more fair and equitable way to be looking at this, and she will support it.
08:43:05 PM (02:44:06) Vote on the Motion to adopt Resolution 4987, Adopting the Wastewater
Impact Fee Study per Article 2.06, Bozeman Municipal Code, and Establishing Wastewater Impact Fees
as Stated in the Study. The motion passed 5-0.
Commissioner - I-Ho Pomeroy: Motion
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Deputy Mayor - Chris Mehl: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
6. 08:43:15 PM (02:44:16) Resolution 4988, Adopting the Water Impact Fee Study per Article
2.06, Bozeman Municipal Code, and Establishing Water Impact Fees as Stated in the Study
(Rosenberry)
08:43:29 PM (02:44:30) Staff Presentation
ACM Rosenberry stated this item was heard by the commission on January 14, 2019. Staff needed to make
an update to changes to a small error made in the schedule for the group quarters amounts. She stated
this is very similar to the changes that are being made in the wastewater fee. Fees will be based on the
meter size versus size of the lot.
08:44:38 PM (02:45:39) Questions of Staff
DM Mehl asked if use on a residential basis is down. He asked if it’s driven by what the results show.
08:45:36 PM (02:46:37) Public Comment
There was no public comment.
08:45:43 PM (02:46:44) Motion to adopt Resolution 4988, Adopting the Water Impact Fee Study per
Article 2.06, Bozeman Municipal Code, and Establishing Water Impact Fees as Stated in the Study.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Terry Cunningham: 2nd
08:46:01 PM (02:47:02) Discussion
DM Mehl commented this is the same basis as the other studies and is in support.
Cr. Cunningham finds the study to be logical and legal and will support the motion.
Mayor Andrus thinks this method of moving to meter size is much more fair and equitable.
08:46:32 PM (02:47:33) Vote on the Motion to adopt Resolution 4988, Adopting the Water Impact Fee
Study per Article 2.06, Bozeman Municipal Code, and Establishing Water Impact Fees as Stated in the
Study. The motion passed 5-0.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Terry Cunningham: 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
7. 08:46:45 PM (02:47:46) Appointment(s) to the Bozeman Area Bicycle Advisory Board
(BABAB) (Sweeney)
08:46:53 PM (02:47:54) Public Comment
There was no public comment.
08:47:03 PM (02:48:04) Motion to appoint Chrissy Pepino and Danae Giannetti to the two At-Large
Voting positions on the Bozeman Area Bicycle Advisory Board with terms ending December 31, 2020.
Commissioner - Jeff Krauss: Motion
Commissioner - I-Ho Pomeroy: 2nd
08:47:11 PM (02:48:12) Vote on the Motion to appoint Chrissy Pepino and Danae Giannetti to the two
At-Large Voting positions on the Bozeman Area Bicycle Advisory Board with terms ending December
31, 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
8. 08:47:21 PM (02:48:22) Appointment(s) to the Building Board of Appeals (Sweeney)
08:47:28 PM (02:48:29) Public Comment
There was no public comment.
08:47:32 PM (02:48:33) Motion to appoint Ted Conover, Jason Martel and Sten Witmer to the Building
Board of Appeals with terms ending December 31, 2021.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Chris Mehl: 2nd
08:47:55 PM (02:48:56) Vote on the Motion to appoint Ted Conover, Jason Martel and Sten Witmer to
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the Building Board of Appeals with terms ending December 31, 2021. 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
9. 08:48:05 PM (02:49:06) Appointment to the City-County Board of Health (Sweeney)
08:48:10 PM (02:49:11) Public Comment
There was no public comment.
08:48:17 PM (02:49:18) Motion to appoint Seth Walk to the City-County Board of Health, City
Appointee position, with a term ending January 1, 2022.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Chris Mehl: 2nd
08:48:34 PM (02:49:35) Vote on the Motion to appoint Seth Walk to the City-County Board of Health,
City Appointee position, with a term ending January 1, 2022. 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
10. 08:48:43 PM (02:49:44) Appointment to the Impact Fee Advisory Committee (IFAC)
(Sweeney)
08:48:45 PM (02:49:46) Public Comment
There was no public comment.
08:48:51 PM (02:49:52) Motion to appoint Cordell Pool to the Impact Fee Advisory Committee with a
term ending December 31, 2020 to the Other Member as Selected by the City Commission position.
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Bozeman City Commission DRAFT MEETING MINUTES, February 4, 2019
Page 14 of 14
Deputy Mayor - Chris Mehl: Motion
Commissioner - Terry Cunningham: 2nd
08:49:02 PM (02:50:03) Vote on the Motion to appoint Cordell Pool to the Impact Fee Advisory
Committee with a term ending December 31, 2020 to the Other Member as Selected by the City
Commission position. The motion passed 5-0.
Deputy Mayor - Chris Mehl: 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
J. 08:49:13 PM (02:50:14) FYI / Discussion
• Cr. Krauss asked for a Financial Disclosure form to be brought to the meeting for his signature.
• Mayor Andrus reminded the commission they will begin their discussion next week on their
goals and priorities.
K. 08:50:08 PM (02:51:09) Adjournment
Mayor Andrus adjourned the meeting at 8:50 PM.
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Page 1 of 11
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, February 11, 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: 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. 06:00:26 PM (00:04:42) 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. 06:00:38 PM (00:04:54) Pledge of Allegiance and a Moment of Silence
C. 06:01:26 PM (00:05:42) Changes to the Agenda
Mayor Andrus will be moving the policy discussion item to after Action Item 1.
D. 06:01:52 PM (00:06:08) Authorize Absence - Commissioner I-Ho Pomeroy
06:01:56 PM (00:06:12) Motion and Vote to authorize the absence of Commissioner Pomeroy. 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
E. 06:02:16 PM (00:06:32) Public Service Announcements
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Page 2 of 11
1. No City Commission Meeting on Monday, February 18, 2019 and Closure of City Offices
(Crough)
City Clerk Crough noted there will be no commission meeting and City offices will be closed
in observance of Presidents’ Day.
F. 06:02:32 PM (00:06:48) FYI
• Cr. Cunningham noted the affordable housing working group will meet tomorrow.
G. 06:03:01 PM (00:07:17) Commission Disclosures
There were no commission disclosures.
H. 06:03:13 PM (00:07:29) Minutes
1. Approve the Regular Meeting Minutes from January 7, January 14, and January 28, 2019, and
User Access to Linked Minutes (Crough)
06:03:21 PM (00:07:37) Motion and Vote to approve the City Commission minutes from January 7,
January 14, and January 28, 2019 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. 06:03:38 PM (00:07:54) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Formal Cancellation of the February 18, 2019 City Commission Meeting (Crough)
3. Approve the Final Plat for the Lakes at Valley West Phase 5A Subdivision, Authorize the
Director of Public Works to Sign the Same, and the Director of Community Development to
Sign the Improvements Agreements on behalf of the City of Bozeman, Application 18504
(Quasi-Judicial) (Rosenberg)
4. Authorize the City Manager to Sign a Notice of Award to Omdahl Excavation and Utilities, Inc.
for Construction of the 2019 Bozeman Stormwater Improvements as well as Final Contract
Documents Once Received (Mehrens)
5. Authorize the City Manager to Sign the American Institute of Architects (AIA) Master
Agreement, B221 Document, and Service Order Agreements with Taylor Architects P.C. dba
ThinkOne for Design Services for the Bozeman Public Safety Center (BPSC) (Winn)
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Bozeman City Commission Meeting DRAFT MINUTES, February 11, 2019
Page 3 of 11
6. Authorize the City Manager to Sign a Professional Services Agreement with Latitude
Geographics Group Ltd. for ArcGIS Enterprise Consulting Services (Henderson)
7. Authorize the City Manager to Sign Addendum Number 1 to the Professional Services
Agreement with Altitude Training Associates, LLC for Contractor Training Services (Mehrens)
8. Resolution 4994, Intent to Create Special Improvement Lighting District (SILD) Number 751
for the New High School and Flanders Creek Subdivision (Clark/Massey)
9. Resolution 5006, Intent to Create Special Improvement Lighting District (SILD) Number 752
for the New High School and Sports Park (Clark/Massey)
10. Resolution 5008, Intent to Consider the Nexus Point Growth Policy Amendment to Amend
Figure 3-1 of the Bozeman Community Plan, the Future Land Use Map from Business Park
Mixed Use to Residential Use on 20 Acres, Located on the West Side of 19th Avenue, South
of Stucky Road, and North of West Graf Street, Application 19014 (Rosenberg)
06:03:46 PM (00:08:02) City Manager Overview
CM Surratt provided the highlights of the consent agenda.
06:04:50 PM (00:09:06) Public Comment
There was no public comment.
06:05:05 PM (00:09:21) Motion and Vote to approve Consent Items 1-10 as submitted. 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
J. 06:05:21 PM (00:09:37) Public Comment
Mayor Andrus opened public comment.
06:06:14 PM (00:10:30) John Rogers, Public Comment
Mr. Rogers discussed his concerns with the proposed SID on Manley Road, as a concerned neighbor, and
asked to defer the action. He thought the assessment amount for MAP Brewing was disproportionately
large.
06:09:43 PM (00:13:59) Clint Farmer, Public Comment
Mr. Farmer, discussing the Manley Road SID, stated this is a significant amount of money, and thought
that combining this with impact fees seems like double taxation.
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Page 4 of 11
K. 06:10:58 PM (00:15:14) Special Presentation
1. Proposed Legislation to Create a Fourth Department of the 18th Judicial District Court (District
Judge Holly Brown)
06:11:19 PM (00:15:35) Presentation
District Court Judge Holly Brown discussed the details of proposed legislation in Helena at this time, and
the need of the 18th Judicial District Court. She asked for the city commission’s support on this request.
District Court Judge John Brown further supported this request. Former Justice Mike Wheat discussed
the benefits to the city for additional judges.
06:25:06 PM (00:29:22) Questions
Cr. Krauss asked when the hearing will be.
Cr. Cunningham asked what the key messages that this commission should put in their support.
L. 06:29:41 PM (00:33:57) Action Items
1. 06:29:44 PM (00:34:00) Public Hearing on Protests for Special Improvement District (SID)
Number 747 and Adoption of Resolution 4955, Creating Special Improvement District (SID)
Number 747 for the Purpose of Undertaking Certain Street Improvements to Manley Road
from the Intersection with Griffin Drive to the Northern Boundary of the Gallatin Park
Subdivision and Financing the Costs Thereof (Kohtz)
06:30:20 PM (00:34:36) Staff Presentation
City Engineer Shawn Kohtz discussed the purpose of tonight’s hearing on SID 747, Manley Road. He
provided an overview of the process, a review of the resolution of intent, the need for the
improvements, public notice, the protest period, and the number and nature of protests, property
assessments, improvements paid by the city, and a summary of tonight’s item.
06:36:49 PM (00:41:05) Questions of Staff
Cr. Cunningham asked about the situations that exist that require improvements. He asked about the
value engineering of the project. He asked further about street funding. He asked if any of the received
protests do NOT have a waiver of right to protest.
CA Sullivan clarified that impact fees can only be used for capacity expansion
DM Mehl asked about the percentage of protests received, the city’s noticing, and how long this project
has been discussed.
Mayor Andrus asked Mr. Kohtz to explain the waivers running with the land.
CA Sullivan noted it would be helpful for the commission to discuss the benefit and findings.
06:56:10 PM (01:00:26) Public Comment
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Mayor Andrus opened public comment.
06:56:33 PM (01:00:49) Ben Yonker, Public Comment
Mr. Yonker asked the commission to step back and find another way to distribute these large costs. He
stated these fees could discourage infill. He noted soft costs that will impact those businesses.
06:59:36 PM (01:03:52) Melinda Winegardner, Public Comment
Ms. Winegardner filed a protest, and signed the waiver 15 years ago. She asked why Griffin was
excluded. She discussed concerns with on-street parking and MAP Brewing. She asked why Manley was
determined to be the connector.
07:02:59 PM (01:07:15) Dave Cameron, Public Comment
Mr. Cameron discussed the tax burden on small business owners. He discussed confusion about the
protests, as well as who benefits.
07:06:31 PM (01:10:47) Katie Moyer, Public Comment
Ms. Moyer discussed the price and proportionate benefit of their property. She discussed the design and
impact on the specific area.
07:09:31 PM (01:13:47) Dan Alexander, Public Comment
Mr. Alexander, property owner in the district, discussed this area is growing and the public benefit is
safety. He supports the SID.
07:10:55 PM (01:15:11) Patrick Kainz, Public Comment
Mr. Kainz, owner of MAP Brewing, noted these improvements will increase public safety. He noted
many use it as a connector. Even though he will be impacted financially, he supports the SID.
07:13:36 PM (01:17:52) Clark Spraque, Public Comment
Mr. Sprague lives up the road and uses it frequently, and supports the SID for safety reasons.
07:15:01 PM (01:19:17) Ted Campbell, Public Comment
Mr. Campbell, with the Sunrise Rotary Club, discussed incoming subdivisions in the district, as well as
Glen Lake Park. The increase of use will require these improvements, which are supported by the
Sunrise Rotary Club.
07:17:38 PM (01:21:54) Staff Clarifications
City Engineer Kohtz discussed the proportionate benefit and costs.
CA Sullivan discussed the protest procedures.
07:19:12 PM (01:23:28) Questions of Staff
Cr. Krauss asked about how many SIDs are 100% funded by the residents.
Mayor Andrus asked what percentages of this SID are paid by different parties.
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Page 6 of 11
DM Mehl asked about parking requirements of local businesses and street design.
Mayor Andrus asked who decided Manley Road would be a collector. She asked about the off-street
parking requirement.
07:24:19 PM (01:28:35) Motion that after hearing all protests, and finding them to be insufficient
under law to bar further proceedings, I hereby move to adopt Resolution 4955 creating Special
Improvement District Number 747 for Manley Road.
Commissioner - Terry Cunningham: Motion
Deputy Mayor - Chris Mehl: 2nd
07:24:38 PM (01:28:54) Discussion
Cr. Cunningham acknowledged the cost difficulties. He concurred with the findings in the staff report,
and reiterated the findings of his colleagues and from the resolution of intent. He discussed safety
needs.
DM Mehl discussed high road construction costs, but that this is needed.
Cr. Krauss noted there are not many SIDs that the owners pay 100%, and why impact fees aren’t used
here. He noted the benefits these property owners will receive. He discussed payback districts.
Mayor Andrus supports the SID and associates her comments with her colleagues. She discussed safety
as a priority and the public benefit.
07:55:07 PM (01:59:23) Vote on the Motion that after hearing all protests, and finding them to be
insufficient under law to bar further proceedings, I hereby move to adopt Resolution 4955 creating
Special Improvement District Number 747 for Manley Road. 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
07:55:17 PM (01:59:33) Recess
Mayor Andrus called the commission into recess until 8:05 PM.
08:05:12 PM (02:09:28) Call to Order
Mayor Andrus called the meeting back to order.
Policy/Work Session 1. 08:05:15 PM (02:09:31) City Commission Goal Setting / Strategic Plan
Priorities for 2019 (Surratt)
08:06:14 PM (02:10:30) Staff Presentation
CM Surratt discussed the history of the goal setting process, as well as the current strategic plan. She
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Bozeman City Commission Meeting DRAFT MINUTES, February 11, 2019
Page 7 of 11
discussed the seven priorities, and the progress on those priorities. She noted an additional 238 projects
being worked on. Strategic Services Director Jon Henderson introduced a smartsheet tool to be used in
the future. CM Surratt discussed issues that have come up that haven’t been on the priority list. She laid
out process for the evening and capturing the priorities for 2019.
08:31:38 PM (02:35:54) Process
Mayor Andrus discussed the process for the evening.
08:33:52 PM (02:38:08) Questions of Staff
DM Mehl asked about clarification about the role of a commission priority vs. non-commission work
that may take significant work.
Cr. Cunningham asked about strategic plan action items that are still happening but just not a priority.
08:45:57 PM (02:50:13) Discussion on Current Top 7
Current Top 7:
Affordable Housing
Parks Maintenance District
Community Outreach
Partnerships for Education and Learning
Annexation Analysis and Study
Planning and Land Use Initiatives
Bozeman Public Safety Center
Cr. Cunningham expressed concerns with resources and staff time regarding affordable housing.
DM Mehl discussed the differentiation between the top priorities and those that don’t require
commission involvement. He would remove the Bozeman Public Safety Center and the Partnerships for
Education and Learning. He would prefer not to add any more.
Cr. Krauss discussed using this for evaluation. He would put more thought into affordable housing. He
discussed the compression of the salary structure with the minimum wage increase.
Mayor Andrus agreed with DM Mehl’s list, acknowledging the work will still happen.
DM Mehl stated that these top 5 will have future commission action.
09:05:01 PM (03:09:17) Discussion on New Items
Mayor Andrus asked if there are additions to this list.
Cr. Cunningham discussed library expansion opportunities. He discussed budgeting for social service
needs. He also noted livable wage for city employees.
DM Mehl noted push notifications as a priority. He discussed focus on a planning donut with the county.
Cr. Krauss discussed internal communications.
Mayor Andrus discussed UDC review for landscape and drought, and the percent for art.
Cr. Cunningham noted a feasibility study for gender equity with subcontractors.
Cr. Krauss asked about future global UDC revisions, and added Pile C.
CM Surratt provided updates of the full “Column B” list.
Mayor Andrus noted a number that are already in progress.
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Bozeman City Commission Meeting DRAFT MINUTES, February 11, 2019
Page 8 of 11
Cr. Krauss expressed concern of the commission’s involvement in the wage issue.
DM Mehl asked what the merits of being in “Column B” would be. The Commission and CM Surratt
discussed the rating/rankings in some detail.
Cr. Cunningham discussed concerns with removing items from the list.
The commission continued to discuss the role of “Column B.”
DM Mehl discussed what items he would remove and retain.
Cr. Krauss noted this list could encompass hundreds of items, and asked to remove the two HPO items.
The commission discussed the library expansion item.
The commission discussed if these were end of 2019 calendar year items. The top four were Pile C, the
PCC, broadband, and push notifications.
CM Surratt stated these would come back mid-March.
10:00:39 PM (04:04:55) Meeting Extended
Mayor Andrus extended the meeting to 10:30 PM.
2. 10:01:25 PM (04:05:41) Resolution 4991, Approving a Project in the Bozeman Midtown Urban
Renewal District as an Urban Renewal Project, Making Findings with Respect Thereto and
Approving the Use of Tax Increment Revenues or Tax Increment Revenue Bonds to Pay,
Reimburse or Finance Eligible Costs Thereof; Authorizing the City Manager to Sign a Related
Development Agreement with Life Style Solutions Real Estate, LLC; and Making a
Reimbursement Declaration; for the Ruh Building (Fine)
10:02:15 PM (04:06:31) Staff Presentation
Urban Renewal Manager David Fine provided the history of midtown development, the 2017 Midtown
Action Plan, project incentives, the proposed Ruh Building, design goals, infrastructure improvements,
project fees and charges, fiscal effects, and the actions of the resolution.
10:12:31 PM (04:16:47) Questions of Staff
DM Mehl asked about the “but/for” test. He asked when the reimbursement would happen. He asked
about the location, and conformation to zoning.
Cr. Cunningham asked about the future of incentives and the criteria and funds available.
Mayor Andrus asked about the 15% contingency and the return on investment number.
10:22:07 PM (04:26:23) Questions for Applicant
DM Mehl asked if he’s seen and agrees with the staff report.
10:23:00 PM (04:27:16) Public Comment
Mayor Andrus opened public comment.
10:23:11 PM (04:27:27) Emily Taleggo, Public Comment
Ms. Taleggo stated there is a lack of transparency in capturing TIF funds, and was concerned about the
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Page 9 of 11
financials.
10:26:44 PM (04:31:00) Eric Mauer, Public Comment
Mr. Mauer stated tax dollars shouldn’t be used on this without better parking.
10:27:57 PM (04:32:13) Staff Clarifications
Mr. Fine addressed the use of TIF funds and addressed the applicant’s intent with parking.
10:30:47 PM (04:35:03) Meeting Extended
Mayor Andrus extended the meeting to 11:00 PM.
10:31:04 PM (04:35:20) 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 and move to adopt Resolution 4991.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
10:31:18 PM (04:35:34) Discussion
DM Mehl discussed TIF money uses and transparency. He noted this project is on the edge of
risk/benefit.
Cr. Krauss noted the importance of the corner.
Cr. Cunningham acknowledged and commended the risk.
Mayor Andrus supports the project.
10:44:40 PM (04:48:56) 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 and move to adopt Resolution 4991. 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
3. 10:44:55 PM (04:49:11) Transportation (Street) Impact Fee Study – Additional Requested
Information and Direction to Staff Regarding Adopting the New Study and Making Changes to
the City’s Transportation (Street) Impact Fees (Rosenberry)
10:45:17 PM (04:49:33) Staff Presentation
Assistant City Manager Anna Rosenberry discussed the credit calculation in the arterial and collector
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Bozeman City Commission Meeting DRAFT MINUTES, February 11, 2019
Page 10 of 11
district. She discussed where that money was spent.
10:51:57 PM (04:56:13) Questions of Staff
Mayor Andrus asked if the calculation was different than the past.
DM Mehl asked if impact fees are higher or lower because of this.
10:55:10 PM (04:59:26) Public Comment
There was no public comment.
10:55:30 PM (04:59:46) Motion to direct staff to return with a resolution to adopt the new study and
change Transportation Impact Fees.
Commissioner - Jeff Krauss: Motion
Commissioner - Terry Cunningham: 2nd
10:55:38 PM (04:59:54) Discussion
Cr. Krauss does not support this as deferred maintenance isn’t considered.
Cr. Cunningham stated this fee sets the city up well.
DM Mehl supports the motion, as his questions have been answered.
Mayor Andrus supports the motion.
10:58:13 PM (05:02:29) Vote on the Motion to direct staff to return with a resolution to adopt the new
study and change Transportation Impact Fees. 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
4. 10:58:32 PM (05:02:47) Appointment(s) to the Economic Development Council (EDC)
(Sweeney)
10:58:33 PM (05:02:49) Public Comment
There was no public comment.
10:58:45 PM (05:03:01) Motion and Vote to appoint Eva Skidmore and Cheryl Ridgley [to the Economic
Development Council] to positions with terms ending February 1, 2022. The motion passed 4-0.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Cynthia Andrus: Approve
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Bozeman City Commission Meeting DRAFT MINUTES, February 11, 2019
Page 11 of 11
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Absent
Commissioner - Terry Cunningham: Approve
5. 10:59:11 PM (05:03:27) Appointment to the Pedestrian and Traffic Safety Committee (PTSC)
(Sweeney)
10:59:14 PM (05:03:30) Public Comment
There was no public comment.
10:59:25 PM (05:03:41) Motion and Vote to appoint Sherry Heis to the City Appointee (Voting) position
on the Pedestrian and Traffic Safety Committee to a term ending December 31, 2020. 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
M. Policy/Work Session MOVED TO AFTER ACTION ITEM 1
N. 10:59:49 PM (05:04:05) FYI/Discussion
• The commission discussed their support of writing a letter in support of the District Court’s
request.
• CA Sullivan clarified the UDC Pile C issue from earlier in the evening.
O. 11:02:31 PM (05:06:47) Adjournment
Mayor Andrus adjourned the meeting at 11:02 PM.
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Page 1 of 10
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, February 25, 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
A. 06:00:00 PM (00:00:54) 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. 06:00:13 PM (00:01:07) Pledge of Allegiance and a Moment of Silence
C. 06:00:53 PM (00:01:47) Changes to the Agenda
There were no changes to the agenda.
D. 06:01:27 PM (00:02:21) FYI
• Cr. Cunningham noted that the Inter Neighborhood Council (INC) held a retreat last week and
made good progress.
• Cr. Cunningham expressed appreciation to members of the commission who traveled to Helena
to support the legislative agenda.
E. 06:02:17 PM (00:03:11) Commission Disclosures
There were no commission disclosures.
F. 06:02:24 PM (00:03:18) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
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Bozeman City Commission Meeting DRAFT MINUTES, February 25, 2019
Page 2 of 10
2. Ratify the Grant Application Submittal and Authorize the Mayor to Sign the Certified Local
Government Grant with the Montana State Historic Preservation Office for the 2019-2020
Certified Local Government Program (Gonzalez)
3. Authorize the City Manager to Sign an Overhang Electric Powerline Easement with
Northwestern Corporation dba Northwestern Energy for Construction of the Montana
Department of Transportation Widening of the Intersection of Rouse Avenue and Tamarack
Street (Gamradt)
4. Authorize the City Manager to Sign a Sanitary Sewer and Access Easement and Agreement
with Great Northwest Construction, Inc. for the Modification to the Site Plan for Audrey's
Pizza on North 7th Avenue (Nielsen)
5. Authorize the City Manager to Sign a Construction Agreement with Ingram-Clevenger, Inc. for
Construction for the Bozeman Public Library Resource Hub (Gregory)
6. Authorize the City Manager to Sign a Construction Agreement with Lutey Construction, The
Craftsman, Inc. for the Remodel of the Streamline Bus Waiting Area into Offices for the
Parking Division and Waiting Area and Public Restroom for Streamline (Winn)
7. Authorize the City Manager to Sign a Software Subscription and Services Agreement with
Granicus, LLC for Meeting Management Software (Crough)
8. Authorize the City Manager to Sign a Professional Services Agreement with HDR Engineering
for the Davis Lane Lift Station and Norton Sewer Project (Murray)
9. Authorize the City Manager to Sign Task Order Number 4 with Sanderson Stewart for the
Right-of-Way Acquisition Project for the Davis Lane Lift Station Project (Murray)
10. Resolution 5023, Adding a Representative of the Human Resource Development Council
District IV, Inc. (HRDC) as an Ex-Officio Member of the Community Affordable Housing
Advisory Board (CAHAB) (Winn)
06:02:28 PM (00:03:22) City Manager Overview
CM Surratt provided the highlights of the consent agenda.
06:04:00 PM (00:04:54) Public Comment
There was no public comment.
06:04:10 PM (00:05:04) Motion and Vote to approve Consent Items 1-10 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
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Page 3 of 10
G. 06:04:29 PM (00:05:23) Public Comment
Mayor Andrus opened public comment.
06:05:14 PM (00:06:08) Carl Anderson, Public Comment
Mr. Anderson is with an organization called MontPIRG (Montana Public Interest Research Group), a mostly
student run non-partisan organization. Mr. Anderson talked about a suggestion from the community to
set up a student liaison program with the commission to foster conversations between the Bozeman
Community and MSU.
H. 06:06:35 PM (00:07:29) Special Presentation
1. 06:06:41 PM (00:07:35) State of the Court (Herrington/Seel)
CM Surratt announced that Judge Seel was not able to attend tonight, and this item will be
rescheduled on an upcoming agenda.
2. 06:07:15 PM (00:08:09) Neighborhoods Program Update (Andreasen)
06:07:41 PM (00:08:35) Presentation
Neighborhoods Coordinator Tanya Andreasen, presented an update on the Neighborhoods Program.
She talked about programs and activities over the last year as well as what is on the horizon.
06:27:31 PM (00:28:25) Questions
Cr. Krauss asked about geography statistics. He talked about his concern over concentrating on a few
neighborhoods. He talked about rentals versus ownership in the neighborhood associations. He asked
about dividing neighborhood associations like they do in other cities. He asked who sets the boundaries
of a neighborhood association.
Cr. Cunningham asked about the range of things happening in the 14 neighborhoods associations. He
asked about engagement of neighborhoods and the percentage of the population in associations. He
asked about advantages to the city and commission in terms of dialogue with the neighborhood group.
DM Mehl asked for the top two or three things the existing neighborhoods groups most appreciate. He
asked about push notifications. He talked about his concern over neighborhoods taking policy positions.
Mayor Andrus asked about capacity for expanding the program for representation in the whole
community.
Cr. Krauss talked about the study he conducted in the past and some of the things he would think about
when organizing neighborhood associations.
3. 06:49:09 PM (00:50:03) 2018 Comparative Municipal Tax Review (Wallner)
06:49:43 PM (00:50:37) Presentation
Michael Wallner (Economic Research Specialist with TechLink) and Greta Linse (Professor of Statistics at
Montana State University) conducted a comparative municipal tax review for Bozeman. Mr. Wallner
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talked about major findings, purpose, methodology, data analysis, comparative analysis and policy
implications.
07:07:23 PM (01:08:17) Questions
Mayor Andrus asked about various taxes in municipalities and whether they are strictly municipal or
state imposed. She asked for a clarification of tourist travel relevant to the number of tourist’s first visit
to Montana.
DM Mehl expressed appreciation for these citizen volunteers, Mr. Wallner and Ms. Linse, going out of
their way to provide data. He asked when the data will be released. He asked about the proportion of
major revenue sources.
Cr. Pomeroy asked for more details about the purpose of this study. She asked how many comparative
cities have colleges. She asked about Bozeman’s high impact fees and whether it affects affordable
housing. She asked about revenue and if it includes college students. She asked about taxing on e-
cigarettes.
Cr. Krauss asked about the higher SID revenue per capita, higher property taxes, and a local option sales
tax in Whitefish compared to Bozeman. He asked whether the per capita taxes were attenuated in any
way. He asked whether any cities directly tax liquor.
Cr. Cunningham asked if cities are using SIDs for new growth areas. He asked about growth trajectory
being the same or similar across the board. He asked if there were any special projects in cities that
would create a bubble of taxation to throw off the data.
Cr. Krauss asked if Mr. Wallner talked to communities with large SIDs about their purpose behind special
revenue districts. He asked about franchise fees in Montana.
Cr. Pomeroy asked whether city income revenue would increase if impact fees were lower and SIDs
were increased.
07:37:25 PM (01:38:19) Recess
Mayor Andrus called the commission into recess until 7:45 PM.
07:45:23 PM (01:46:17) Call to Order
Mayor Andrus called the meeting back to order.
I. 07:45:27 PM (01:46:21) Action Items
1. 07:45:28 PM (01:46:22) Resolution 5003, Creating a Payback District for South 11th Avenue
from Campus Boulevard to Graf Street (Murray)
07:45:42 PM (01:46:36) Staff Presentation
City Engineer Bob Murray presented a map of the Payback District and explained the tracts included. He
talked about cost methodologies. He notified both property owners in proposed district and has not
received any comments or questions.
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07:49:58 PM (01:50:52) Questions of Staff
Cr. Pomeroy asked for more details behind the payment method.
DM Mehl asked if we are looking to recover $1.8M before inflation.
Mayor Andrus asked for confirmation that normally the payback districts work well in this case because
the land is not yet developed.
07:51:47 PM (01:52:41) Cordell Pool, Public Comment
Mr. Pool is representing his client who is the owner of the South University District property, and reported
that the owner is in support of it.
07:52:10 PM (01:53:04) Motion to adopt Resolution 5003, Creating a Payback District for South 11th
Avenue from Campus Boulevard to Graf Street.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Chris Mehl: 2nd
07:52:27 PM (01:53:21) Discussion
Cr. Pomeroy thinks this makes sense and will support the motion.
DM Mehl will also support it, as this is a system we’ve used before and seems appropriate.
Cr. Cunningham noted this project is of benefit to the community in various ways and will be a benefit to
the property owner when the time comes.
Cr. Krauss would be more comfortable if landowners showed up and made comments. He agrees it
benefits the people of the city as a whole.
Mayor Andrus will support it and appreciates the work that’s been done ahead of time.
07:55:29 PM (01:56:23) Vote on the Motion to adopt Resolution 5003, Creating a Payback District for
South 11th Avenue from Campus Boulevard to Graf Street. The motion passed 5-0.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Chris Mehl: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
2. 07:55:39 PM (01:56:33) Discussion and Direction Regarding Preparing the Future Land Use
Map for the Growth Policy (Bozeman Community Plan) Update (Rogers)
07:55:50 PM (01:56:44) Staff Presentation
Senior Planner Tom Rogers explained the purpose of the discussion, which is to obtain direction from
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the commission on four questions identified by Community Development during their preparation and
update of the Community Plan. He pointed out they are beginning to review the future land use map for
the growth policy. He presented the current and proposed land use boundary map. He talked about the
four boundary maps including the integration of the Rae Water and Sewer District, present rural,
suburban residential, and mixed use designations. Mr. Rogers presented each map individually, and the
commission provided feedback on a number of alternatives as suggested by Community Development
and the Planning Board and Zoning Commission.
08:00:30 PM (02:01:24) Rae Water and Sewer District
Mr. Rogers described the location, which is at the south side of Huffine Lane and the city’s western most
part of the planning area. He discussed alternatives for planning boundaries.
08:02:54 PM (02:03:48) Questions of Staff
DM Mehl asked about the least cost for connection when Rae fails to have it all within the boundaries in
total. He asked about less confusion overall if the area isn’t split.
Cr. Cunningham asked about the service area. He asked if there are plans to continue expanding to the
west.
Mayor Andrus asked about requirements of the district whether or not they are included in the
boundary.
Cr. Krauss asked if the Rae Sewer and Water Board was asked about their thoughts.
DM Mehl commented the Planning Coordinating Committee met with the Rae staff, and this was
mentioned to them.
08:07:40 PM (02:08:34) Direction from Commission
DM Mehl announced he voted in favor of the inclusion of the district in the planning boundaries as a
member of the Planning Board.
Cr. Krauss indicated his answer to the question of including the district in the planning boundaries is no.
Cr. Pomeroy would like to include the district in the planning area.
Mayor Andrus is in favor of including the entire Rae service area within the planning boundaries.
Cr. Cunningham hopes the way the district would be included would involve meetings with folks to
alleviate concerns of forward planning.
08:11:08 PM (02:12:02) Public Comment
There was no public comment.
08:11:31 PM (02:12:25) Present Rural Designation
Mr. Rogers presented a map of the designation, which contains areas that are currently beyond the city’s
design service area for water and sewer. He stated that planning staff created three suggested alternatives
for action, and the commission is welcome to consider them or come up with a different alternative.
08:13:54 PM (02:14:48) Questions of Staff
Mayor Andrus asked Mr. Rogers to reiterate the Planning Board’s suggestion.
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Cr. Cunningham asked about the terminology of present rural and future land use designation relative to
intended future use. He asked about doing away with present rural as a designation and what the outcome
would look like. He asked about conservation as it relates to commercial or residential designations. He
asked about timing of addressing the strategic plan relative to annexation.
DM Mehl asked for clarity on the Planning Board’s recommendation relative to present rural. He asked
about the direction of growth relative to upward and outward as well. He asked if there would be fewer
growth policy amendments in the future.
Cr. Krauss asked what the argument is against saying we’ve already planned for utilities to go this far and
stating the use. He asked about the advantage to the city. He asked about alternatives for the land owner.
He asked if we will be reaching out the property owners in the future as part of this plan.
Cr. Pomeroy asked about the choice to annex and what the steps are if someone chooses to do so.
Mayor Andrus asked if the purpose of this is to provide some predictability as we grow.
08:44:11 PM (02:45:05) Public Comment
There was no public comment.
08:44:22 PM (02:45:16) Direction from Commission
DM Mehl supports Alternative 3 and provided some background from the Planning Board meeting.
Cr. Cunningham talked about the importance of predictability and sending signals of the direction of
growth. He is in support of Alternative 3.
Cr. Krauss talked about protection of landowner and property rights. He believes in predictability and
intent for future action.
Cr. Pomeroy supports Alternative 3.
Mayor Andrus supports Alternative 3 as well. She talked about the definition of present rural and thinking
about it in more of a futuristic way gives more predictability.
08:56:03 PM (02:56:57) Suburban Residential Designation
Mr. Rogers explained the areas of this particular map, which are areas outside of the city boundaries that
have developed as residential. He outlined the criteria in the current plan for these areas.
08:58:43 PM (02:59:37) Questions of Staff
Cr. Krauss asked for clarification on questions behind the definition of existing suburban residential areas
and applying suburban residential areas that do currently have that designation.
Cr. Pomeroy asked why or why not use the suburban residential designation for this area.
DM Mehl asked for clarification on Cr. Krauss’ question relative to existing suburban residential and what
has happened since the draft of this map where other areas would have been included.
Cr. Cunningham asked if the urban definition overlay and suburban area that might become urbanized
mix at all.
09:10:32 PM (03:11:26) Public Comment
There was no public comment.
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09:10:42 PM (03:11:36) Direction from Commission
Cr. Krauss stated his answer is no to the question of whether the suburban residential designation should
be used again.
DM Mehl thinks the designation should be used again because there are facts on the ground. He thinks
it’s a fair recognition of where we will go in the future.
Mayor Andrus stated it can be confusing as to what exactly suburban residential means. She is in between
no and Alternative 3.
Cr. Cunningham stated if development has occurred with a specific vision in mind, some honoring of that
is useful. He not a fan of using the designation in the future.
Cr. Pomeroy stated she is struggling and cannot give direction on this designation.
09:14:35 PM (03:15:29) Staff Clarification
Mayor Andrus asked Mr. Rogers to reiterate what he thought he heard from the commission. Mr. Rogers
explained his understanding of the discussion, and that there should be some specific and limited criteria
applied in order to move forward, which would be brought back before the commission.
09:15:56 PM (03:16:50) Business Park Mixed Use Designation
Mr. Rogers presented the business park mixed use designation map, which outlines areas that are all
within the city boundaries. He is asking for the commission’s thoughts on this type of a designation.
09:18:15 PM (03:19:09) Questions of Staff
Mayor Andrus asked how many times since we have changed the underlying growth policy because of
something else someone wanted to do or if that has been done.
DM Mehl indicated there has not been a growth map amendment using the business park designation, at
least in the last five years.
09:19:50 PM (03:20:44) Public Comment
There was no public comment.
09:19:58 PM (03:20:52) Direction from Commission
Cr. Krauss thinks we have moved away from that designation. He talked about mixed use designations
and how they are preferable.
DM Mehl agrees with Cr. Krauss. He stated the Planning Board voted unanimously for Alternative 3 but
that 2 or 3 would have the same impact if done by staff.
Cr. Cunningham thinks we are finding a migration toward B2M and other designations. He would choose
Alternative 3.
Mayor Andrus agrees with Alternative 3.
Consider the motion: No motion is required. Advertised as an action item so the Commission may provide
direction as needed.
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3. 09:22:10 PM (03:23:04) Appointment to the City Planning Board (Sweeney)
09:22:16 PM (03:23:10) Public Comment
There was no public comment.
09:22:25 PM (03:23:19) Motion to confirm the Gallatin County Commission Appointment of Jerry Pape
to the City Planning Board with a term ending January 31, 2021.
Deputy Mayor - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
09:22:36 PM (03:23:30) Vote on the Motion to confirm the Gallatin County Commission Appointment
of Jerry Pape to the City Planning Board with a term ending January 31, 2021. 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
4. 09:22:49 PM (03:23:43) Appointment(s) to the Midtown Urban Renewal Board (MURB)
(Sweeney)
09:22:52 PM (03:23:46) Public Comment
There was no public comment.
09:23:00 PM (03:23:54) Motion to appoint Jonathan Owens to the non-voting member appointed by
the City Commission position, with a term ending January 31, 2023.
Commissioner - Terry Cunningham: Motion
Commissioner - Jeff Krauss: 2nd
09:23:32 PM (03:24:26) Vote on the Motion to appoint Jonathan Owens to the non-voting member
appointed by the City Commission position, with a term ending January 31, 2023. The motion passed
5-0.
Commissioner - Terry Cunningham: 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
09:23:41 PM (03:24:35) Motion to appoint Nolan Campbell to the voting member appointed by the
Mayor position, with a term ending January 31, 2023.
Commissioner - Terry Cunningham: Motion
Deputy Mayor - Chris Mehl: 2nd
09:23:57 PM (03:24:51) Point of Order
Cr. Krauss asked Mayor Andrus if she is appointing Mr. Campbell. Mayor Andrus confirmed she is
deferring to Cr. Cunningham as the commission liaison to the Midtown Urban Renewal Board and that
Mr. Campbell is who she would appoint to the voting position.
09:24:14 PM (03:25:08) Vote on the Motion to appoint Nolan Campbell to the voting member
appointed by the Mayor position, with a term ending January 31, 2023. 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
J. 09:25:14 PM (03:26:08) FYI / Discussion
• CM Surratt confirmed she is adding the 600 ft. alcohol rule to Column B to the Strategic Plan and
providing the commission with a schedule of bringing it back for consideration.
• CM Surratt noted that any specific items for the ethics training on March 6th the commission
would like to incorporate, they can e-mail the staff.
K. 09:26:22 PM (03:27:16) Adjournment
Mayor Andrus adjourned the meeting at 9:26 PM.
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