HomeMy WebLinkAbout05-06-19 City Commission Packet Materials - MIN. April 2019 Minutes
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Robin Crough, City Clerk Andrea Surratt, City Manager
SUBJECT: Approve the Regular Meeting Minutes from April 1, April 8, April
15, and April 22, 2019, and User Access to Linked Minutes
MEETING DATE: May 6, 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 April 1, 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 April 8, 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 April 15, 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 April 22, 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 regular City Commission minutes from April
1, April 8, April 15, and April 22, 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
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• Streamlined approach to citizen involvement and public comment
Since August of 2013, the City Commission Minutes have been linked with audio and video using
AV Capture. In addition to the City Commission, many Citizen Advisory Boards utilize the system as well.
LOCATION: The AV Capture Archives and Live Streaming of City Commission Minutes and
Meetings can be found at www.bozeman.net by choosing the “I want to…” top menu item, and
selecting the bottom right link “Watch a commission or board meeting video.”
VIEWING: Using the drop-down menu immediately below the AV Capture icon, select
Recorded (all previously recorded meetings), Streaming Live (meetings currently being streamed
in real-time), or Upcoming (future meetings that will be streamed live). Selecting a meeting should
automatically start the video. The draft minutes and all associated materials from the meeting are located under the video in the Attached Documents area. Final minutes are available here once
formally approved. Users can then can click on each time-stamped hyperlink to find the section
that they wish to view from the meeting. If the video does not automatically start at that point, the
user may need to press play on the video itself.
Users are always welcome to contact the City Clerk’s Office at 582-2320 or email agenda@bozeman.net for assistance.
ALTERNATIVES: As suggested by Commission.
UNRESOLVED ISSUES: None. FISCAL EFFECTS: None.
Attachments: Draft Minutes Report Prepared on April 26, 2019
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, April 01, 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, City Clerk
Robin Crough
A. 05:59:59 PM (00:03:33) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse
Mayor Andrus called the meeting to order at 6:00 PM.
B. 06:00:11 PM (00:03:45) Pledge of Allegiance and a Moment of Silence
C. 06:00:57 PM (00:04:31) Changes to the Agenda
There were no changes to the agenda.
D. 06:01:07 PM (00:04:41) FYI
• DM Mehl noted the Planning Coordinating Committee will be meeting tomorrow at 3:00 PM
at the County. The Planning Board will be looking at the Community Plan tomorrow at 6:00
PM at the city.
E. 06:02:00 PM (00:05:34) Commission Disclosures
There were no commission disclosures.
F. 06:02:07 PM (00:05:41) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Approve an On- Premises All Beverage Liquor License for 1864 MT Beverage, LLC of Bozeman,
Montana to Sell Liquor at 5 West Mendenhall Street, Suite 102 and 103, for Calendar Year
2019 (Portnell)
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3. Approve the Acceptance of $25,000 in Funds from the Montana Department of Commerce
Community Development Block Grant Program (Contract #MT-CDBG-PL-17-02) and Authorize
the Mayor to Sign the Grant Program Contract (Matsen)
4. Authorize the City Manager to Sign an Agreement with Omdahl Excavation and Utilities, Inc.
for Construction of the Mason and Tracy Infiltration Gallery Project (Mehrens)
5. Authorize the City Manager to Sign a Joint Funding Agreement with the U.S. Geological Survey
for the Continued Operation of the Real-Time Streamflow Gaging Station on the East Gallatin
River (Heaston)
6. Authorize the City Manager to Sign a Professional Services Agreement with Gallatin Tree Care
for Boulevard Tree Removals (Nordquest)
7. Authorize the City Manager to Sign a Professional Services Agreement with Public Sector
Personnel Consultants (PSPC) for a Compensation Survey Update (Henderson)
8. Authorize the City Manager to Sign Task Order Number 6 with Sanderson Stewart for the
Right-of-Way Acquisition Project - Oak Street and 27th Avenue Intersection Improvements
Project (Murray)
9. Ordinance 2018 Provisional Adoption, Nexus Point Zone Map Amendment to Designate
Approximately 20.18 Acres as R-O, Residential Office, Located at 3747 South 19th Avenue,
Application 18449 (Rosenberg)
10. Resolution 5009, Completion of the Nexus Point Growth Policy Amendment Amending the
Future Land Use Map from Business Park Mixed Use to Residential Use, Application 19014
(Rosenberg)
06:02:10 PM (00:05:44) City Manager Overview
CM Surratt noted the highlights of the consent agenda.
06:02:51 PM (00:06:25) Public Comment
There was no public comment.
06:03:05 PM (00:06:39) Motion and Vote to approve Consent Items 1-10 as submitted. The motion
passed 5-0.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Chris Mehl: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
G. 06:03:20 PM (00:06:54) Public Comment
There was no public comment.
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H. 06:04:05 PM (00:07:39) Special Presentations
1. 06:04:09 PM (00:07:43) Custer Gallatin National Forest Plan Revision (Corey Lewellen, USDA
Forest Service District Ranger)
Corey Lewellan, District Ranger for the Bozeman area, discussed the Custer Gallatin National
Forest Plan revision. He discussed the forest plan, revision steps and schedule, upcoming
public meetings, upcoming public webinars, how to make public comment.
06:12:00 PM (00:15:34) Questions of Presenter
Cr. Cunningham asked Mr. Lewellen to provide a useful scope of comments.
DM Mehl asked about the website’s notifications for interested citizens.
06:13:54 PM (00:17:28) Presentation on Bozeman Municipal Watershed Project
Mr. Lewellen discussed recent litigation, and the current process of working with the DOJ to move
forward.
06:16:16 PM (00:19:50) Questions of Presenter
DM Mehl asked which judge was presiding.
06:16:33 PM (00:20:07) Public Comment
There was no public comment.
2. 06:16:51 PM (00:20:25) Human Resources Director Introduction (Surratt)
CM Surratt welcomed James Henderson to the City as the Human Resources Director.
3. 06:17:50 PM (00:21:24) City Progress Report - Equal Pay (Henderson)
HR Director James Henderson discussed the median earnings of males versus females in
Montana, median earnings by education category, education background of City of Bozeman
employees, employee education by gender, top 25% and bottom 25% headcount of
employees by gender, the Thrive Index, changes to programs to improve equality, goals,
06:25:57 PM (00:29:31) Questions of Staff
DM Mehl asked if gender equity is a major issue in the community, and if the Thrive Index has been
successful elsewhere. He asked what next steps may be.
Cr. Cunningham asked Fire Chief Waldo about fire station accommodations for female employees. He
asked Mr. Henderson how to encourage city leadership to focus on the right values.
06:32:29 PM (00:36:03) Bozeman Business and Professional Women Presentation
Susan Neibauer discussed Equal Pay Day on April 2. She discussed pay discrepancy, and Bozeman’s
efforts. Kathleen Williams discussed forward progress, the city’s efforts, resources available for women,
and equal pay and equal opportunity.
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I. 06:41:46 PM (00:45:20) Mayoral Proclamation
1. 06:41:57 PM (00:45:30) Proclamation Recognizing Equal Pay Day
Mayor Andrus read the proclamation recognizing April 2, 2019 as Equal Pay Day. Bozeman
BPW accepted the proclamation.
J. 06:45:38 PM (00:49:12) Action Items
1. 06:45:40 PM (00:49:14) Strategic Plan Priorities and Goal Setting for Fiscal Year 2019 to 2020
(Surratt)
06:47:38 PM (00:51:12) Staff Presentation
CM Surratt reviewed the seven priorities from the previous year, the five priorities already determined
for 2019, the 248 projects in the 2019 Work Plan, and the Smart Sheet tool being utilized to track
projects. Strategic Services Director Jon Henderson discussed the Smart Sheet in more depth. CM Surratt
discussed the 14 proposed additional project for 2019, and a few project sheets that provide additional
information and overlap with other projects.
07:15:11 PM (01:18:45) Questions of Staff
DM Mehl asked about the iterations that the goal-setting process has gone through since the creation of
the strategic plan. He asked about the landscaping/water conservation. He asked if tactics should be
pulled out of larger items to go on the list. He asked about document transparency/push notifications,
land use initiatives, and gender pay for vendors.
Cr. Cunningham asked School Superintendent Rob Watson and Library Director Susan Gregory about a
possible library expansion.
Cr. Pomeroy asked Director Gregory what other options could be with expansion.
Mayor Andrus asked Director Gregory about a potential expansion to the current facility.
Cr. Krauss asked Director Gregory if she was proposing a branch location on the Gallatin High campus.
Cr. Pomeroy asked about the gender pay project for vendors, and what authority do we have. She asked
if projects get completed, can more get added. She asked about the 600 foot alcohol radius project.
Cr. Cunningham asked Finance Director Donald and providing a financial incentive to vendors abiding by
a gender pay policy. He asked CM Surratt how to better support the proclamation made this evening. He
asked her about progress regarding stretch code, Director Jon Henderson and Community Development
Director Marty Matsen responded. He asked City Attorney Sullivan and Director Matsen about wetlands
and mitigation, and why this is a complicated project.
Mayor Andrus asked Economic Development Director Brit Fontenot about broadband as essential
infrastructure and updating the CIP.
Cr. Pomeroy clarified if this was infrastructure or internet service.
Mayor Andrus asked Director Donald about a percent for art.
Cr. Pomeroy asked Police Chief Crawford about vandalism of art.
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08:11:30 PM (02:15:04) Public Comment
There was no public comment.
08:11:57 PM (02:15:31) Recess
Mayor Andrus called the meeting into recess until 8:20 PM.
08:20:45 PM (02:24:19) Call to Order
Mayor Andrus called the meeting back to order at 8:20 PM.
08:20:48 PM (02:24:22) Questions of Staff
DM Mehl asked if living wages, landscaping code review, planning coordinating committee update, push
noticing, and document transparency are either on-going or a part of the larger five, and not among
tonight’s discussion.
08:25:30 PM (02:29:04) Discussion
Cr. Krauss prioritized library expansion, “black holes” and brownouts for level of service, 600 foot
alcohol rule, and the street light study.
DM Mehl prioritized broadband, gender pay equity, “black hole” intersections, 1% for art, and street
light study.
Cr. Pomeroy prioritized broadband, library expansion, gender pay equity, “black hole” intersections, and
street light study.
Cr. Cunningham prioritized broadband, gender pay equity, 1% for art, street light study, and wetlands.
Mayor Andrus prioritized broadband, gender pay equity, “black hole” intersections, 1% for art, and
street light study.
Succeeding are broadband, gender pay, “black hole” intersections, 1% for art, and street light study.
CM Surratt asked for clarification from Cr. Krauss about his intent for his “black hole” intersection item.
She asked to bring back a scope of work because consulting will be needed.
Mayor Andrus explained that the library project seems to be moving forward already.
Cr. Krauss discussed his stance on the library expansion.
08:42:56 PM (02:46:30) Motion to direct the City Manager to update Strategic Plan priorities for 2019,
to include the following items [broadband, gender pay equity, “black hole” intersections, 1% for art,
and street light study] in the staff work plan, and to provide a quarterly report on the progress and
accomplishments beginning with the third quarter of the 2019 calendar year.
Deputy Mayor - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
08:43:21 PM (02:46:55) Discussion
DM Mehl discussed disappointment with the lack of public comment. He is also interested in continuing
conversations regarding the excluded items.
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Cr. Pomeroy is optimistic about these goals.
Cr. Cunningham thanked staff for their effort in putting this together.
Cr. Krauss discussed the street light study and intersection work, and the immediacy piece. He
encouraged bottom-up innovation, so he’s unsure of the larger top-down strategic plan idea.
Mayor Andrus supports this, and appreciates the work in putting this together.
Cr. Krauss asked for clarification as to whether this is a database or spreadsheet.
CM Surratt discussed the proposed process going forward.
Mayor Andrus stated this is the first step connecting dots with the strategic plan, budget, and CIP.
Cr. Cunningham noted how important it is that gender pay equity was identified as a priority.
08:59:24 PM (03:02:58) Vote on the Motion to direct the City Manager to update Strategic Plan
priorities for 2019, to include the following items [broadband, gender pay equity, “black hole”
intersections, 1% for art, and street light study] in the staff work plan, and to provide a quarterly
report on the progress and accomplishments beginning with the third quarter of the 2019 calendar
year. The motion passed 4-1.
Deputy Mayor - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Disapprove
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
2. 09:00:01 PM (03:03:35) Resolution 4989, Adopting the Transportation Impact Fee Study per
Article 2.06, Bozeman Municipal Code, and Establishing Transportation Impact Fees as
Stated in the Study (Rosenberry)
09:00:25 PM (03:03:59) Staff Presentation
Assistant City Manager Anna Rosenberry discussed the city’s development impact fee programs,
transportation being the last to be adopted this spring. She discussed the study done by Tindale Oliver,
public outreach and participation, the new fee amounts, and comparisons with the existing fee for
different property types. No public comment has been received.
09:05:04 PM (03:08:38) Questions of Staff
Cr. Pomeroy asked about the single-family designation and apartments.
DM Mehl asked about state law, matching to fees, is anyone exempt, trip exchange districts, and will
multi-modal be included.
09:10:41 PM (03:14:15) Public Comment
There was no public comment.
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09:10:55 PM (03:14:29) Motion to adopt Resolution 4989, Adopting the Transportation Impact Fee
Study per Article 2.06, Bozeman Municipal Code, and Establishing Transportation Impact Fees as
Stated in the Study.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Terry Cunningham: 2nd
09:11:21 PM (03:14:55) Discussion
Cr. Pomeroy discussed state law, she supports the motion.
Cr. Cunningham thanked the IFAC in looking at this requirement, and the wisdom in broadening the
transportation discussion.
Cr. Krauss does not support the motion. He found staff and consultants ignorant of equity in deferring
maintenance to make it eligible for impact fees.
DM Mehl discussed impact fees as a tool, and it’s fair.
Mayor Andrus supports the motion, stating the fees are reliable and consistent.
09:20:34 PM (03:24:08) Vote on the Motion to adopt Resolution 4989, Adopting the Transportation
Impact Fee Study per Article 2.06, Bozeman Municipal Code, and Establishing Transportation Impact
Fees as Stated in the Study. The motion passed 4-1.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Terry Cunningham: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Disapprove
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
K. 09:20:46 PM (03:24:20) FYI / Discussion
• Cr. Krauss stated he will be absent next week. He won’t be here May 20th either.
• Cr. Cunningham stated the Climate Action Partners will have a special meeting this Thursday
at 2:00 PM.
L. 09:21:30 PM (03:25:04) Adjournment
Mayor Andrus adjourned the meeting at 9:21 PM.
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, April 08, 2019
Mayor - Cynthia Andrus: Present
Deputy Mayor - Chris Mehl: Present
Commissioner - Jeff Krauss: Absent
Commissioner - I-Ho Pomeroy: Present
Commissioner - Terry Cunningham: Present
Staff Present at the Dais: City Attorney (CA) Greg Sullivan, City Manager (CM) Andrea Surratt, Deputy
City Clerk Brenda Sweeney
A. 05:59:56 PM (00:00:34) 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 (00:00:47) Pledge of Allegiance and a Moment of Silence
C. 06:00:55 PM (00:01:33) Changes to the Agenda
CM Surratt noted that staff would like to remove action item 2.
D. 06:01:55 PM (00:02:33) Authorize Absence - Commissioner Jeff Krauss
06:01:59 PM (00:02:37) Motion and Vote to approve the absence of Commissioner Jeff Krauss. The
motion passed 4-0.
Deputy Mayor - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Absent
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
E. 06:02:13 PM (00:02:51) FYI
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• Cr. Pomeroy mentioned Neighborhood Coordinator Tanya’s Andreasen’s use of the NextDoor
communication tool for the public and expressed appreciation.
• Cr. Pomeroy noted that she attended the Mental Health Local Advisory Council meeting today
and that next month is mental health awareness month.
• DM Mehl noted the second Thursday of every month the providers for mental health care
gather and he, along with CM Surratt, follows the activity from that group.
F. 06:04:09 PM (00:04:47) Commission Disclosures
DM Mehl disclosed that has deliberately met a number of times with citizens to get their
impressions of the NCOD. He noted that at one point Mayor Andrus was there and it was always
legislative.
G. 06:04:44 PM (00:05:22) Minutes
1. 06:04:49 PM (00:05:27) Approve the Regular Meeting Minutes from March 4, March 11, and
March 25, 2019, Special Meeting Minutes from March 6, 2019, Executive Session Minutes
from December 10, 2018, and User Access to Linked Minutes (Crough)
06:04:50 PM (00:05:28) Motion and Vote to approve the combined City Commission minutes from
March 4, March 6, March 11, and March 25, 2019 as submitted, and Executive Session minutes from
December 10, 2018 as previously distributed. The motion passed 4-0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Terry Cunningham: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Absent
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
H. 06:05:19 PM (00:05:57) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Authorize the City Manager to Sign a Memorandum of Understanding with Montana State
University for Collaborative Coursework Projects through the Community-Engaged and
Transformational Scholarship (CaTS) Program (Andreasen)
3. Authorize the City Manager to Sign a Professional Services Agreement with DOWL, LLC
Authorizing the Completion of Engineering Design Services for the Church Street Stormwater
Improvement Project (Mehrens)
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4. Authorize the City Manager to Sign a Professional Services Agreement with Economic and
Planning Systems, Inc. (EPS) for Urban Renewal Application Review for the West Peach
Condos Project (Fine)
5. Authorize the City Manager to Sign a Professional Services Agreement with Kredit Electric,
Inc. for the Bozeman Hilltop Tank Mixer Addition Project (Heaston)
6. Authorize the City Manager to Sign a Software as a Service Agreement with Governance
Sciences Group, Inc for FlashVote Survey Services (Mileur)
7. Authorize the City Manager to Sign Addendum Number 1 to the Professional Services
Agreement with Hydrologistics Irrigation LLC for Irrigation System Start-up, Winterization, and
Maintenance Services (Vandelinder)
8. Authorize the City Manager to Sign Addendum Number 1 to the Professional Services
Agreement with Sprout, Inc. Land & Hardscaping for Median and Grounds Maintenance
Services (Vandelinder)
9. Authorize the City Manager to Sign Amendment Number 3 to the Professional Services
Agreement with RESPEC Company LLC for Groundwater Investigation Services (Heaston)
10. Ratify the City Manager’s Signature on Amendment Number 1 to the Master Services
Agreement with Creative Breakthroughs, Inc. (CBI) for Renewal of E-Discovery Software
License and Maintenance Services (Stambaugh)
11. Resolution 5041, Confirmation of Police Officers (Crawford)
06:05:25 PM (00:06:03) City Manager Overview
CM Surratt provided the highlights of the consent agenda.
06:06:55 PM (00:07:33) Public Comment
There was no public comment.
06:07:10 PM (00:07:48) Motion and Vote to approve Consent Items 1-11 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: Absent
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
I. 06:07:27 PM (00:08:05) Public Comment
Mayor Andrus opened public comment.
06:08:07 PM (00:08:45) MICROPHONE TECHNICAL DIFFICULTIES
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06:08:27 PM (00:09:05) Chris Naumann, Public Comment
Mr. Naumann is the executive director of the Downtown Bozeman Partnership and spoke about the NCOD
policy recommendations. He noted that the Downtown Urban Renewal Board and the Downtown
Business Improvement Board submitted their recommendations to the commission to adopt the
Downtown Bozeman Improvement Plan and talked about a specific designation in the plan as a distinct
neighborhood within the NCOD.
J. 06:17:03 PM (00:17:41) Special Presentations
1. 06:17:14 PM (00:17:52) Clean-Up Day (Terry Quatraro, Beautification Advisory Board)
Neighborhoods Coordinator Tanya Andrea introduced Terry Quatraro who has been the
Beautification Advisory Board chair for 20 years. Ms. Quatraro announced and described the
2019 Bozeman Cleanup Day event. She talked about the duties and responsibilities from the
by-laws of the Beautification Advisory Board. She thanked the commissioners for enabling the
board to pursue projects and thanked staff for their support.
06:26:29 PM (00:27:07) AV EQUIPMENT TECHNICIAL DIFFICULTITES
2. 06:31:05 PM (00:31:43) Mayor's Challenge for Water Conservation (Ahlstrom)
Water Conservation Specialist Jessica Ahlstrom spoke about the Mayor’s Challenge for
Water Conservation and noted this April marks the third year that the City of Bozeman is
participating. She outlined the purpose of the challenge and pointed to the web site at
mywaterpledge.com, where cities compete in one of five population categories for pledges.
K. 06:36:13 PM (00:36:51) Action Items
1. 06:36:22 PM (00:37:00) Resolution 5037, Revising the Fee Schedule for Miscellaneous
Services Provided by the City's Water Operations Division (Donald)
06:36:34 PM (00:37:12) Staff Presentation
Finance Director Kristin Donald presented Resolution 5037 and noted these services fees have not been
reviewed for a long period of time. She pointed out the work that had been done relative to surveying
other cities and the costs of shutting off and reconnecting water. She talked about services charges for
non-emergency shut off and reconnection. She talked about the use of hang tags as a notice for water
shut off. She talked about proposed fees going forward. Water and Sewer Superintendent John Alston
was present to answer questions.
06:40:49 PM (00:41:27) Questions of Staff
DM Mehl asked if hangtags could be used any month and confirmed a hang tag is never used less than 45
days delinquency.
Cr. Pomeroy asked about the charge for water shut off and reconnect.
Cr. Cunningham asked about the volume in non-emergency shutoffs. He asked about the current
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maximum charge related to the hang tag program.
Mayor Andrus asked what we are trying to solve. She asked if we see this as something that suffices for
the future. She asked about timing of doing this now.
Cr. Pomeroy asked about the percentage of residents behind in payments.
06:49:50 PM (00:50:28) Public Comment
There was no public comment.
06:50:02 PM (00:50:40) Motion to adopt Resolution 5037, Revising the Fee Schedule for Miscellaneous
Services Provided by the City's Water Operations Division.
Deputy Mayor - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
06:50:15 PM (00:50:53) Discussion
DM Mehl will support this motion and clarified this is for non-emergency activity. He thinks it’s important
to recoup costs in time. He noted that other cities are ahead of us in this.
Cr. Pomeroy will support this motion and stated it is fair and hopes it can be an effective tool.
Cr. Cunningham is in support of non-emergency situation where it’s elective. He stated he has a small
problem with the fee for the second notification.
Mayor Andrus supports the motion with the caveat that people know this is coming.
DM Mehl assumes June is enough time, but if staff needs to bring something back in consent to change it
to July to allow plenty of time to educate the public, he is in favor.
06:56:50 PM (00:57:28) Amendment to the Motion to change the effective date for the billing period
which will first appear on the July 2019 water billing.
Deputy Mayor - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
06:57:09 PM (00:57:47) Vote on the Amendment to the Motion to change the effective date for the
billing period which will first appear on the July 2019 water billing. The motion passed 4-0.
Deputy Mayor - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Absent
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
06:57:32 PM (00:58:10) Vote on the Motion as Amended to adopt Resolution 5037, Revising the Fee
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Schedule for Miscellaneous Services Provided by the City's Water Operations Division, and to change
the effective date for the billing period which will first appear on the July 2019 water billing. The
motion passed 4-0.
Deputy Mayor - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Absent
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
06:57:53 PM (00:58:31) Recess
Mayor Andrus called the meeting into recess until 7:10 PM.
07:08:36 PM (01:09:14) Call to Order
Mayor Andrus called the meeting back to order at 7:08 PM.
2. Resolution 5042, Amending the City’s Annual Budget for Workforce Housing Fund
Appropriations for the Willow Springs Townhomes, for the Fiscal Year Ending June 30, 2019
(FY19) (Donald)
Consider the motion: I move to adopt Resolution 5042, Amending the City’s Annual Budget for Workforce
Housing Fund Appropriations for the Willow Springs Townhomes, for the Fiscal Year Ending June 30, 2019.
3. 07:08:45 PM (01:09:23) Amended Plat of Tract 3A, Amended Plat of the Remainder of Tract
3, Block 1, Valley West Subdivision Major Subdivision Preliminary Plat, Application 19049
(Quasi-Judicial) (Saunders)
07:09:02 PM (01:09:40) Staff Presentation
Community Development Manager Chris Saunders presented Application 19049. He presented the
project in review, which is the Valley West Square Subdivision at the Northeast Corner of Cottonwood
Road and W. Babcock Street. He explained this parcel was originally created over 20 years ago as part of
the original Valley West subdivision and was planned for commercial development. He explained the
proposal is to subdivide the tract into six lots.
07:15:55 PM (01:16:33) Questions of Staff
Cr. Pomeroy asked about unresolved issues and no request for variances or deviations. She asked if it is
because of state law that this is in front of the commission.
Cr. Cunningham asked about the construction of North Cottonwood in coordination with this project. He
asked about a turn lane on West Babcock. He asked about the accommodations made for bike racks and
pedestrian walkways.
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DM Mehl clarified the motion and changes were incorporated in the memo from the Planning Board.
Mayor Andrus asked about indirect access from the alley into the parking lot.
07:24:01 PM (01:24:39) Applicant Presentation
Luke Stein, with C&H Engineering, noted all of the existing utilities are in place and they are just tapping
in for services. He pointed out a hydrant will be installed which will serve all needs for fire in this
subdivision. He talked about the reason for not punching through the alley due to an existing house.
07:25:03 PM (01:25:41) Questions of Applicant
Cr. Pomeroy asked what kind of businesses will be there.
Cr. Cunningham asked if Mr. Stein read the staff report and whether he agrees with the 24 recommended
conditions of approval as well as the code requirement regarding plat corrections.
Mayor Andrus asked about the floor area ratio.
07:27:50 PM (01:28:28) Public Comment
Mayor Andrus opened public comment.
07:27:57 PM (01:28:35) Jay Bentley, Public Comment
Mr. Bentley lives across the street and asked about the height of the building as well as a traffic light. He
talked about an already existing parking issue along Cottonwood.
07:29:19 PM (01:29:57) Staff Clarifications
Mr. Saunders clarified questions from the public comment. He noted at this point there are no site plans
for the individual buildings. He talked about the installation of a traffic light when the road construction
is complete, which will include pedestrian crossings. He addressed the parking demand.
07:31:21 PM (01:31:59) Motion that having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the staff report
for application 19049 and move to approve the subdivision with conditions and subject to all
applicable code provisions.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Terry Cunningham: 2nd
07:31:52 PM (01:32:30) Discussion
Cr. Pomeroy will support the motion. She stated this is a well-developed residential area and agrees
with staff findings.
Cr. Cunningham agrees with the staff report. He talked about commercial following roof tops and this
parcel has been designated B-1 for a number of years.
DM Mehl is in agreement with the staff report. He stated this is a long planned area and appreciates the
scale of it.
Mayor Andrus will support this as well and concurs with the staff report. She stated her appreciation of
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Page 8 of 16
the context given to the neighborhood as well as the commercial surrounding in this area.
07:38:13 PM (01:38:51) Vote on the Motion that having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings presented in
the staff report for application 19049 and move to approve the subdivision with conditions and subject
to all applicable code provisions. The motion passed 4-0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Terry Cunningham: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Absent
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
4. 07:38:24 PM (01:39:02) Neighborhood Conservation Overlay District (NCOD) and Historic
Preservation Program Review and Recommendations (Gonzalez)
07:39:12 PM (01:39:50) Staff Presentation
Historic Presentation Specialist Phil Gonzalez opened the presentation and explained the history, timing
and purpose of the Neighborhood Conservation Overlay District (NCOD) Review. He acknowledged the
consultants who were in attendance to discuss thirteen policy recommendations of the NCOD Program.
Staff seeks to receive guidance from the commission based on the consultant’s recommendations. Mr.
Gonzalez turned the presentation over to Chris Bendon and Sarah Adams, with Bendon Adams
Consulting. The consultants talked briefly about their recommendations and some of the themes they
heard and observed.
08:02:29 PM (02:03:06) Questions of Staff and Consultants
Cr. Cunningham asked about the recommended survey process and adjusting boundaries. He asked
about the recommendation of the role of the Historic Preservation Advisory Board (HPAB). He continued
to ask a series of questions.
DM Mehl asked about Main Street remaining part of the historic district. He asked about regulations for
the B-3 and how it works currently. He continued to ask a series of questions.
Cr. Pomeroy asked how the city can give historic property owners incentives. She asked about B-3
parking. She asked about the pace of development relative to the NCOD.
Mayor Andrus asked about the difference between “standards” and “guidelines”.
08:45:28 PM (02:46:06) Clarification from Staff
CA Sullivan talked about how standards and guidelines are established.
08:47:36 PM (02:48:14) Questions of Staff and Consultants Continued
She asked about the suggestion of more training for the HPAB. She asked whether there are areas of the
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Page 9 of 16
community that would benefit from a more formal survey.
08:58:36 PM (02:59:14) Public Comment
Mayor Andrus opened public comment.
08:59:04 PM (02:59:42) Derek Strahn, Public Comment
Mr. Strong talked about how far the city has come in the last several months and particularly with the
hiring of historic preservation staff. He urged the commissioners to follow the recommendations of
Bendon Adams.
09:02:27 PM (03:03:05) Michael Wallner, Public Comment
Mr. Wallner serves on the Historic Preservation Advisory Board (HPAB). He talked about the work the
HPAB has done with the consultants. He talked about review authority being allowed by the HPAB.
09:04:22 PM (03:05:00) Eric Karshner, Public Comment
Mr. Karshner is a member of the HPAB and talked about how taking an architectural inventory would
benefit citizens.
09:06:16 PM (03:06:54) Mike Herring, Public Comment
Mr. Herring talked about Recommendation 4.1 and how it effects the block he lives on. He talked about
how his neighborhood is split for zoning and using streets to delineate boundaries.
09:09:14 PM (03:09:52) Zehra Osman, Public Comment
Ms. Osman talked about adopting compatible architecture. She talked about keeping all of downtown,
including the B-3 zone, in the NCOD under protections from a strengthened role of the HPAB.
09:12:47 PM (03:13:25) Jeanne Wilkinson, Public Comment
Ms. Wilkinson is a member of the HPAB and talked about Recommendation 3.3 to strengthen the HPAB
review authority. She talked about ways for HPAB to add value to the project review process.
09:16:07 PM (03:16:45) Crystal Allegria, Public Comment
Ms. Allegria is a member of the HPAB and talked about Recommendation 2.1 to support the local
preservation program. She talked about bolstering the historic core of the community.
09:17:45 PM (03:18:23) Jennifer Dunn, Public Comment
Ms. Dunn is chair of the HPAB and reiterated three specific items the board felt strongly about from the
list of recommendations by the consultant.
09:19:55 PM (03:20:33) Lisa Kirk, Public Comment
Ms. Kirk is with Save Bozeman and spoke about recommendations to improve zoning and reduce
conflict.
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09:23:20 PM (03:23:58) Procedure
Mayor Andrus would like to consider a motion to adopt all the recommendations and then she will go
through each individual guideline and ask if there are amendments.
09:24:24 PM (03:25:02) Motion that having reviewed and considered draft report recommendations 1-
13, public comment, and all other information presented, I hereby move to recommend
recommendations 1-13 as presented in Table-1.
Commissioner - Terry Cunningham: Motion
Deputy Mayor - Chris Mehl: 2nd
09:24:56 PM (03:25:34) NCOD Recommendation 2.1
There were no amendments.
09:25:29 PM (03:26:07) NCOD Recommendation 2.2
There was one amendment.
09:26:29 PM (03:27:07) Motion to remove North 7th from the NCOD.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Terry Cunningham: 2nd
09:26:34 PM (03:27:12) Discussion
DM Mehl stated it’s an area of high incentive and we are trying to push growth in to that area.
Cr. Cunningham stated the Midtown Urban Renewal Board (MURB) has gone on record as officially
recommending North 7th all out.
Cr. Pomeroy agrees.
Mayor Andrus agrees and also thinks the idea of completing the survey is a high priority.
09:28:06 PM (03:28:44) Vote on the Motion to remove North 7th from the NCOD. The motion passed 4-
0.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Terry Cunningham: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Absent
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
09:28:16 PM (03:28:54) NCOD Recommendation 2.3
There was one amendment.
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09:28:23 PM (03:29:01) Discussion
DM Mehl heard from the boards an interest for standards in the areas north and south of downtown.
Mayor Andrus would like to make it amendment to be as clear as possible.
09:29:19 PM (03:29:57) Motion that staff focus on three general neighborhoods, one north of the
downtown area, south of downtown, and downtown.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Terry Cunningham: 2nd
09:29:30 PM (03:30:08) Discussion
DM Mehl stated as previously disclosed, he spoke privately with folks who care deeply about historic
preservation who indicated they were in favor of large areas.
Mayor Andrus agrees and thinks the connectivity called out in the downtown plan is relative to design
standards in these other areas.
Cr. Cunningham noted that as we do the survey, the more information that is obtained regarding special
things about specific neighborhoods, the better those types of decisions can be made.
Mayor Andrus talked about how specific areas north and south should speak to each other relative to
guidelines.
09:32:11 PM (03:32:49) Vote on the Motion that staff focus on three general neighborhoods, one north
of the downtown area, south of downtown, and downtown. The motion passed 4-0.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Terry Cunningham: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Absent
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
09:32:19 PM (03:32:57) NCOD Recommendation 3.1
There were no amendments.
09:32:58 PM (03:33:36) NCOD Recommendation 3.2
There were no amendments.
09:33:05 PM (03:33:43) Discussion
DM Mehl pointed out he is on the Planning Board and talked about the language the board stated,
making it unclear which incentives will be used. However, he will not be making an amendment.
Mayor Andrus stated it’s important, given attempts with affordable housing, that all the right people are
in the room when talking about incentives.
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Cr. Pomeroy supports this motion and stated she hopes the incentives become clearer.
09:34:52 PM (03:35:30) NCOD Recommendation 3.3
There were no amendments.
09:35:03 PM (03:35:41) Discussion
Cr. Cunningham asked about a recommendation from the Planning Board.
DM Mehl noted the idea was in line with HPAB which is the ability to comment on plans.
Cr. Cunningham talked about being careful about input of review that doesn’t slow down the process.
09:37:39 PM (03:38:17) Recommendation 3.4
There were no amendments.
09:38:04 PM (03:38:42) Recommendation 4.1
There was one amendment.
09:38:17 PM (03:38:55) Discussion
Cr. Cunningham asked if this is the time to be making this decision prior to the report on the downtown
plan.
DM Mehl stated the Planning Board suggested removing this recommendation for the time being.
Mayor Andrus agrees we have transitional zones we haven’t tried yet.
09:41:49 PM (03:42:27) Motion that the study of the Transition Zone be a mid- or long-term priority
rather than an immediate priority.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Terry Cunningham: 2nd
09:42:01 PM (03:42:39) Discussion
DM Mehl noted this issue will continue and is important to the community.
Cr. Cunningham asked if we wait for the survey before we adjust the boundaries or vice versa. He spoke
about a fair hearing for the people working on the downtown plan.
09:44:03 PM (03:44:41) Vote on the Motion that the study of the Transition Zone be a mid- or long-
term priority rather than an immediate priority. The motion passed 4-0.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Terry Cunningham: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Absent
Commissioner - I-Ho Pomeroy: Approve
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Commissioner - Terry Cunningham: Approve
09:44:12 PM (03:44:50) NCOD Recommendation 4.2
There was one amendment.
09:44:25 PM (03:45:03) Discussion
Mayor Andrus stated the idea of doing the survey has been discussed and doing any adjustments to the
boundaries is premature at this point.
09:44:44 PM (03:45:22) Motion that Recommendation 4.2 be a medium or long-term priority based on
the accumulation of additional data.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Terry Cunningham: 2nd
09:45:06 PM (03:45:44) Discussion
DM Mehl stated he made it broad because it could be the survey but other things could influence it as
well.
09:45:23 PM (03:46:01) Vote on the Motion that Recommendation 4.2 be a medium or long-term
priority based on the accumulation of additional data. The motion passed 4-0.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Terry Cunningham: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Absent
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
09:45:33 PM (03:46:11) NCOD Recommendation 4.3
There were no amendments.
09:45:51 PM (03:46:29) Discussion
DM Mehl appreciates the consultants put mass and scale in twice, as it is something most of his
constituents talked about.
09:46:48 PM (03:47:26) NCOD Recommendation 5.1
There were no amendments.
09:47:15 PM (03:47:53) NCOD Recommendation 6.1
There were no amendments.
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Page 14 of 16
09:47:38 PM (03:48:16) Discussion
Mayor Andrus noted we are already working on this in our GIS Department.
Cr. Cunningham noted we are also working on push notification.
DM Mehl hopes staff understands we want to do this city wide.
09:48:36 PM (03:49:14) NCOD Recommendation 6.2
There was one amendment.
09:48:50 PM (03:49:28) Discussion
Cr. Cunningham thinks this should be something we think about on a city wide basis.
DM Mehl noted a conversation with the former planning director who did this. He suggested a language
revision.
09:51:00 PM (03:51:38) Technical Clarification
CM Surratt noted a word was left out of the underlying motion which should read “…I hereby move to
adopt recommendations...”, instead of “…recommend recommendations…”.
09:52:51 PM (03:53:29) Motion to develop a plan to have public meetings prior to application review
with impacted neighbors and collect input from neighborhoods on large scale projects.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Terry Cunningham: 2nd
09:53:08 PM (03:53:46) Discussion
DM Mehl stated he re-worded 6.2 to be more affirmative and is leaving it up to staff to recommend square
footage.
Cr. Cunningham talked about the Inter Neighborhood Council retreat where they reviewed neighborhood
association structures in other cities.
Mayor Andrus supports this as well but there is no specific language in the amendment that addresses
who does it.
DM Mehl noted he deliberately left it vague with the assumption that the commission empowers the
community development director to communicate to a large project that they have to do this, and they
would come up with minimum standards.
09:57:15 PM (03:57:53) Staff Clarification
Community Development Director Marty Matsen addressed the language in the motion and noted staff
would not have not have conducted a review.
Community Development Manager Chris Saunders noted similar requirements with some planners in
Billings.
09:58:21 PM (03:58:59) Vote on the Motion to develop a plan to have public meetings prior to
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Page 15 of 16
application review with impacted neighbors and collect input from neighborhoods on large scale
projects. The motion passed 4-0.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Terry Cunningham: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Absent
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
09:58:34 PM (03:59:12) Meeting Extended
Mayor Andrus extended the meeting until 10:15 PM.
09:58:39 PM (03:59:17) Discussion on Main Motion
Cr. Cunningham spoke about preserving our historic districts while allowing infill. He talked about
inventory allowing us to find character.
DM Mehl will support the motion as amended and would like to suggest we are going to protect building
and revitalizing the historic preservation program. He noted the role of the HPAB will increase. He stated
we will revise our standards and talk to the Secretary of Interior and look at mass and scale.
Cr. Pomeroy stated she is glad we have a healthy and engaged community. She talked about the need to
protect the history of properties and strongly hopes this guidance is meaningful, successful and practical.
She will support the motion as amended and hopes these kind of guidelines are a good balance with
affordable housing.
Mayor Andrus will support the amended motion as well. She thanked Bendon Adams, staff and folks who
have been involved in discussions. She talked about the NCOD playing a part in our neighborhood
character, which has worked very well and will continue to work well.
10:11:16 PM (04:11:54) Vote on the Motion that having reviewed and considered draft report
recommendations 1-13, public comment, and all other information presented, I hereby move to adopt
recommendations 1-13 as presented in Table-1. 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: Absent
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
L. 10:11:29 PM (04:12:07) FYI / Discussion
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Page 16 of 16
• DM Mehl mentioned there will be a meeting at the library on Friday from 2-4 PM to discuss
domestic violence and how to talk about it as a community.
M. 10:12:02 PM (04:12:40) Adjournment
Mayor Andrus adjourned the meeting at 10:12 PM.
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Page 1 of 10
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, April 15, 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, City Clerk
Robin Crough
A. 05:59:56 PM (00:03:45) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse
Mayor Andrus called the meeting to order at 6:00 PM.
B. 06:00:08 PM (00:03:57) Pledge of Allegiance and a Moment of Silence
C. 06:00:56 PM (00:04:45) Changes to the Agenda
CM Surratt noted that the special presentation needs to be pulled and will be presented at a later
night.
D. 06:01:37 PM (00:05:26) FYI
• Mayor Andrus stated that the Parking Commission will soon be looking at establishing
parking districts, and noted upcoming meetings. She stated the City is looking to meet with
the County in the next few months. She stated there will be upcoming joint meetings with
the School District and ASMSU.
• DM Mehl noted that the Zoning Commission is meeting tomorrow regarding the UDC
updates.
• Cr. Cunningham noted he will be testifying this week in Helena regarding public safety
issues.
• CM Surratt introduced the City’s new Affordable Housing Manager Loren Olsen.
E. 06:06:03 PM (00:09:52) Commission Disclosures
There were no commission disclosures.
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Bozeman City Commission Meeting DRAFT MINUTES, April 15, 2019
Page 2 of 10
F. 06:06:14 PM (00:10:03) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Authorize the City Manager to Sign an Overhead Electric Powerline Easement with
Northwestern Corporation dba Northwestern Energy for the Trail Corridor Adjacent to New
Hyalite View Subdivision (Gamradt)
3. Authorize the City Manager to Sign an Agreement with Central Excavation, Inc. for
Construction of the BMX Park Storm Improvements (Mehrens)
4. Authorize the City Manager to Sign Amendment Number 1 to the Professional Services
Agreement with LoganSimpson for Professional Services in Support of the Growth Policy
Update (Saunders)
5. Authorize the City Manager to Sign Amendment Number 1 to the Professional Services
Agreement with Morrison-Maierle, Inc. for 2018-2021 Materials Testing (Gamradt)
6. Ratify the City Manager's Signature on a Professional Services Agreement with Morrison-
Maierle, Inc. for Engineering Services and Mitigation Management Services Related to Bogert
Pavilion (Gray)
7. Ordinance 2018 Final Adoption, Nexus Point Zone Map Amendment to Designate
Approximately 20.18 Acres as R-O, Residential Office, Located at 3747 South 19th Avenue,
Application 18449 (Rosenberg)
06:06:15 PM (00:10:04) City Manager Overview
CM Surratt noted the highlights of the consent agenda.
06:07:19 PM (00:11:08) Public Comment
There was no public comment.
06:07:36 PM (00:11:25) Motion and Vote to approve Consent Items 1-7 as submitted. The motion
passed 5-0.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Chris Mehl: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
G. 06:07:52 PM (00:11:41) Public Comment
Mayor Andrus opened public comment.
06:08:27 PM (00:12:16) Janice Wetstone
Ms. Wetstone discussed pedestrian safety concerns in the Downtown Bozeman Improvement Plan.
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Page 3 of 10
06:11:37 PM (00:15:26) Chris Naumann, Public Comment
Mr. Naumann, speaking on behalf of the Downtown Urban Renewal District, noted support of
Resolution 5031 for broadband.
06:12:54 PM (00:16:43) Andrew Hull, Public Comment
Mr. Hull also supports Resolution 5031 for broadband.
06:15:32 PM (00:19:21) Greg Metzger, Public Comment
Mr. Metzger, with Bozeman Fiber, also supports Resolution 5031 for broadband.
H. Special Presentation
1. Heather Nold, Mayoral Mentee, Project Summary
I. 06:18:08 PM (00:21:57) Action Items
1. 06:18:12 PM (00:22:01) Continue the Public Hearing on Resolution 5030, Approving a Project
in the Northeast 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; Approving a Related Development
Agreement; and Making a Reimbursement Declaration; Known as Cottonwood and Ida, from
April 15, 2019 to April 22, 2019 (Fine)
06:18:38 PM (00:22:27) Staff Presentation
CM Surratt noted this was per request of the developer.
06:18:56 PM (00:22:45) Public Comment
There was no public comment.
06:19:08 PM (00:22:57) Motion and Vote to continue the public hearing on Resolution 5030, from April
15, 2019 to April 22, 2019. The motion passed 5-0.
Deputy Mayor - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
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Page 4 of 10
2. 06:19:37 PM (00:23:26) Resolution 5005, a Growth Policy Amendment to Adopt the 2019
Downtown Bozeman Improvement Plan as a Neighborhood Plan Under the City’s Growth
Policy (Bozeman Community Plan), Application 18197 (Saunders/Naumann)
06:20:07 PM (00:23:56) Staff Presentation
Community Development Manager Chris Saunders presented the history and process of the Downtown
Plan, the plan boundary, plan coordination with other plans and work, boards and committee meetings,
the community engagement process, growth policy amendment criteria in great detail, a summary of
public comment received, recommendations and actions, and next steps.
06:37:03 PM (00:40:52) Questions of Staff
Mayor Andrus asked how the Planning Department helps applicants navigate the multiple plans.
Cr. Pomeroy asked about the lack of benches, and who they belong(ed) to. She asked about seasonal
bikelanes. She asked about making Babcock and Mendenhall 2-ways. She asked about housing in and
near downtown, and if this study encourages affordable housing. She asked about parking.
DM Mehl asked if the Babcock bike lane proposal is in the Transportation Master Plan.
Cr. Cunningham asked how this plan will inform the City’s Capital Improvement Plan.
Cr. Krauss asked if passing this makes this a regulatory document. He asked about inconsistencies with
the current growth policy. He asked if any of the district wasn’t zoned B-3. He asked about blended-rate
parking.
07:01:37 PM (01:05:26) Applicant Presentation
Chris Naumann, Executive Director of the Downtown Business Partnership, discussed the downtown
district, the consultant team, the plan’s alignment with other city plans, context of this plan in past and
future downtown plans, the collaborative process, and the five themes of the plan (the heart of a
thriving city, more than Main Street, walkable and accessible, welcoming to everyone, connected to
nature and culture). He lastly discussed next steps.
07:17:29 PM (01:21:18) Questions of Applicant
Mayor Andrus asked how much of this plan is new vs. present in previous plan. She asked about
pedestrian safety. He asked about the implementation be prioritized to align with city plans and funding.
Cr. Pomeroy asked about benches.
Cr. Cunningham asked about activating alleys. He asked about designating cash-in-lieu for creek
enhancement. He asked about road recommendations and parking, as well as through-truck traffic. He
asked about a circulator/park-and-ride. He asked about raising height standards and affordability.
Cr. Krauss asked how the DBID and DURB participated in the study. He asked about other non-traffic
safety concerns. He asked if any down-zoning was recommended. He asked where increased buildings of
height and density would be. He asked about the fiscal ramifications of the plan. He asked about the
boards’ recommendations for the plan.
DM Mehl asked about their consideration of the strategic plan. He asked about retail planning.
Cr. Krauss asked about downtown office space and long term goals.
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Page 5 of 10
Mayor Andrus asked the City Attorney to clarify if/how this document is a regulatory or guiding
document.
Mr. Saunders followed up regarding previous questions.
08:12:57 PM (02:16:46) Public Comment
Mayor Andrus opened public comment.
08:13:19 PM (02:17:08) Dale Beland, Public Comment
Mr. Beland expressed concerns with through truck traffic on Main Street.
08:16:34 PM (02:20:23) Chris Shada, Public Comment
Mr. Shada spoke in favor of the plan and the process.
08:18:22 PM (02:22:11) Pamela Bryan, Public Comment
Ms. Bryan, Chairperson of the Parking Commission, discussed the alignment with the 2016 Strategic
Parking Plan.
08:20:11 PM (02:24:00) Daryl Schliem, Public Comment
Mr. Schliem, Director of the Chamber of Commerce, expressed their support of the plan.
08:21:35 PM (02:25:24) Vassu Suditra, Public Comment
Mr. Suditra expressed his support of the plan.
08:24:13 PM (02:28:02) David Weinstein, Public Comment
Mr. Weinstein expressed his support of the plan.
08:26:52 PM (02:30:41) Mark Egge, Public Comment
Mr. Egge spoke highly of the quality of the plan. He discussed pieces he supports.
08:31:02 PM (02:34:51) Recess
Mayor Andrus called the commission into recess for 5 minutes.
08:36:24 PM (02:40:13) Call to Order
Mayor Andrus called the meeting back to order at 8:36 PM.
08:36:42 PM (02:40:31) Motion that having reviewed and considered the application materials, public
comment, and all information presented, I hereby move to adopt the findings presented in the staff
report and adopt Resolution 5005, adopting the Downtown Bozeman Improvement Plan as a growth
policy amendment, application 18197.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Terry Cunningham: 2nd
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08:39:33 PM (02:43:22) Amendment to the Motion that the Downtown should create its own separate
overlay district separate from the NCOD.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
08:39:42 PM (02:43:31) Discussion
Cr. Krauss discussed his support of the amendment in detail.
DM Mehl discussed the relation to the NCOD.
Cr. Pomeroy does not support the amendment.
Cr. Cunningham doesn’t think the NCOD discussion downzoned.
Mayor Andrus does not support the amendment.
Cr. Krauss stated that he pulled the text out of the written and adopted NCOD document.
DM Mehl discussed that this is a broadly-written sentence.
08:55:16 PM (02:59:05) Vote on the Amendment to the Motion that the Downtown should create its
own separate overlay district separate from the NCOD. The amendment failed 1-4.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Cynthia Andrus: Disapprove
Deputy Mayor - Chris Mehl: Disapprove
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Disapprove
Commissioner - Terry Cunningham: Disapprove
08:55:43 PM (02:59:32) Discussion
Cr. Cunningham discussed concern on page 164 with an either/or statement in number 11 and asked for
clarification. Mr. Saunders clarified.
09:01:37 PM (03:05:26) Amendment to the Motion that in section 11, eliminate option 1 from the
recommended code language.
Commissioner - Terry Cunningham: Motion
Deputy Mayor - Chris Mehl: 2nd
09:02:06 PM (03:05:55) Discussion
Cr. Krauss asked about the intent of the motion in regards to parking.
Mayor Andrus stated that everything needs to be on the table in regards to parking.
The commission discussed the intent of the broad language. Mr. Naumann clarified the suggested
parking requirement changes considered at another time.
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09:05:53 PM (03:09:42) Vote on the Amendment to the Motion that in section 11, eliminate option 1
from the recommended code language. The amendment 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
09:06:20 PM (03:10:09) Discussion on Main Motion
Cr. Pomeroy supports the plan.
Cr. Cunningham discussed bike transportation, parking, and other pieces he supports.
Cr. Krauss discussed creating inconsistencies, infrastructure needs this will cause, and concerns in
general.
DM Mehl discussed his reasons of support for the plan.
Mayor Andrus agrees with the staff analysis and findings in the report, and supports the process.
09:34:38 PM (03:38:27) Vote on the Motion as Amended that having reviewed and considered the
application materials, public comment, and all information presented, I hereby move to adopt the
findings presented in the staff report and adopt Resolution 5005, adopting the Downtown Bozeman
Improvement Plan as a growth policy amendment, application 18197, and that in section 11, eliminate
option 1 from the recommended code language. The motion passed 4-1.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Terry Cunningham: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Disapprove
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
3. 09:35:01 PM (03:38:50) Water and Wastewater Rate Study Final Report (Donald)
09:35:28 PM (03:39:17) Staff Presentation
Finance Director Kristin Donald introduced Shawn Gaddie with AE2S. He discussed utility rate policy
direction, the conservation based water rate design, anticipated bill impacts, drought rates and reserves,
other reserve policies and targets, cost of service analysis, forecasted revenue requirements, and
forecasted revenue adequacy.
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09:59:37 PM (04:03:26) Meeting Extended
Mayor Andrus extended the meeting to 11:00 PM.
09:59:41 PM (04:03:30) Presentation Continued
He summarized the recommendations.
10:02:24 PM (04:06:13) Questions of Staff
Cr. Cunningham asked for comparisons with alternative 3.
Cr. Krauss asked if what was presented was the rate payers’ share.
Cr. Pomeroy asked what structure encouraged the greatest conservation.
Mayor Andrus asked staff about billing.
10:08:21 PM (04:12:10) Public Comment
There was no public comment.
10:08:32 PM (04:12:21) Motion to adopt the rate model for inclusion in the budget and rate setting.
Commissioner - Terry Cunningham: Motion
Commissioner - Jeff Krauss: 2nd
10:08:39 PM (04:12:28) Discussion
Cr. Cunningham discussed the importance of conservation.
Cr. Krauss discussed that this is a large increase.
DM Mehl agrees with the selection of the alternative picked.
Mayor Andrus supports the plan.
Cr. Pomeroy discussed the importance of water conservation.
10:17:59 PM (04:21:48) Vote on the Motion to adopt the rate model for inclusion in the budget and
rate setting. The motion passed 5-0.
Commissioner - Terry Cunningham: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
4. 10:19:01 PM (04:22:50) Resolution 5031, Declaring Broadband as Essential Infrastructure in
the City of Bozeman (Fontenot)
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Page 9 of 10
10:19:18 PM (04:23:07) Staff Presentation
Economic Development Director Brit Fontenot discussed the history of this issue, why broadband is
essential infrastructure, goals of the resolution, strategic plan alignments, and economic development
plan alignments.
10:28:12 PM (04:32:01) Questions of Staff
Cr. Krauss asked the difference between fiber and 5G.
DM Mehl asked if the City provide end-user service, and what infrastructure this includes.
Cr. Pomeroy asked how we can encourage this without spending taxpayer money, and if we have a high-
speed backbone.
Cr. Cunningham asked about incorporating home-based businesses.
Mayor Andrus asked City Engineer Shawn Kohtz about the larger process, asked Strategic Services
Director Jon Henderson about future mapping, and asked Assistant City Manager Anna Rosenberry if
this would work as an enterprise fund.
10:41:45 PM (04:45:34) Public Comment
Mayor Andrus opened public comment.
10:41:57 PM (04:45:46) Daryl Schliem, Public Comment
Mr. Schliem expressed support for the resolution for a number of reasons.
10:43:53 PM (04:47:42) Motion to adopt Resolution 5031, Declaring Broadband as Essential
Infrastructure in the City of Bozeman.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Chris Mehl: 2nd
10:44:03 PM (04:47:52) Discussion
Cr. Krauss is skeptical of the use for everyone, beyond just institutions.
DM Mehl agrees that broadband is essential.
Cr. Pomeroy also agrees that broadband is essential infrastructure.
Cr. Cunningham this is important to set this as a priority, as it’s important.
Mayor Andrus stated the broadband should eventually also be managed as a utility.
10:55:08 PM (04:58:57) Vote on the Motion to adopt Resolution 5031, Declaring Broadband as
Essential Infrastructure in the City of Bozeman.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Chris Mehl: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
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Page 10 of 10
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
J. 10:55:22 PM (04:59:11) FYI / Discussion
• Cr. Krauss stated he’d like to hear the safety statistics from the Police Chief referenced
earlier this evening.
K. 10:55:59 PM (04:59:48) Adjournment
Mayor Andrus adjourned the meeting at 10:55 PM.
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Page 1 of 12
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
REVISED
Monday, April 22, 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, City Clerk
Robin Crough (during Executive Session), Deputy City Clerk Brenda Sweeney (during regular meeting)
VIDEO AND AUDIO RECORDING BEGIN AT ITEM E.
A. 05:00:00 PM - Call to Order – EARLY START TIME - 5:00 PM - Commission Room, City Hall, 121 North
Rouse
Mayor Andrus called the meeting to order at 5:00 PM.
B. 05:00:00 PM - Pledge of Allegiance and a Moment of Silence
C. 05:01:00 PM - Changes to the Agenda
CM Surratt asked to move Consent Item 4 to a regular agenda item. Mayor Andrus placed it first on
the action agenda.
D. 05:01:00 PM - Executive Session
1. Koopman et al. v. City of Bozeman et al. Litigation Strategy (Sullivan)
CA Sullivan stated the meeting may be closed to have a discussion related to litigation
strategy, if the discussion involves litigation and an open meeting would have a detrimental
effect on the City’s litigation position, pursuant to Section 2-3-203(4)(a), MCA.
5:02:00 PM Motion to find that the meeting involves a discussion of litigation strategy, and that an open
meeting would have a detrimental effect on the litigation position of the City. The motion passed 5-0.
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Bozeman City Commission Meeting DRAFT MINUTES, April 22, 2019
Page 2 of 12
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 A separate set of minutes have been prepared for the Executive Session.
05:47:00 PM Recess
Mayor Andrus called the commission into recess until 6:00 PM.
05:59:55 PM (00:05:40) Call to Order
Mayor Andrus called the meeting back to order at 6:00 PM.
E. 06:00:04 PM (00:05:49) FYI
• Mayor Andrus reiterated the dates of the Parking Permit District meetings.
F. 06:01:19 PM (00:07:04) Commission Disclosures
There were no commission disclosures.
G. 06:01:26 PM (00:07:11) 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 March 31, 2019 (Clark)
3. Authorize the Mayor to Sign a Montana Department of Commerce, Big Sky Economic
Development Trust Fund Program Grant Award to MeatEater, Inc., Contract Number MT-
BSTF-1-19-12 (Fontenot)
4. Authorize the Mayor to Sign the Valley West Square Preliminary Plat Findings of Fact and
Order, Application 19049 (Quasi-Judicial) (Saunders) MOVED TO ACTION ITEMS, AS
ACTION ITEM 1.
5. Authorize the City Manager to Sign a Sewer and Water Pipeline and Access Easement and
Agreement and a Public Street and Utility Easement with Marshall B. and C. Luzann Bennett
for the Gran Cielo Subdivision Project, Located at the Northwest Corner of South 27th Avenue
and Graf Street (Nielsen)
6. Authorize the City Manager to Sign a Water Pipeline and Access Easement and Agreement
and a Release and Reconveyance of Easement with Bozeman Health for the Bozeman Health
ICU Site Plan Project, Located on Highland Boulevard (Nielsen)
7. Authorize the City Manager to Sign a Water Pipeline and Access Easement and Agreement
with a Conditional Irrevocable Offer of Dedication with Crow River Management, LLC for the
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Page 3 of 12
Silver Creek Apartments Project, Located at the Northeast Corner of 27th Avenue and Oak
Street (Nielsen)
8. Resolution 5049, Authorizing the City Manager to Sign an Agreement with B. Armour for the
Transfer of "Kuno," Retired Police K9 (Crawford)
06:01:31 PM (00:07:16) City Manager Overview
CM Surratt noted the highlights of the consent agenda.
06:02:25 PM (00:08:10) Public Comment
There was no public comment.
06:02:50 PM (00:08:35) Motion and Vote to approve Consent Items 1-3 and 5-8 as submitted. 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
H. 06:03:15 PM (00:09:00) Public Comment
There was no public comment.
I. 06:04:01 PM (00:09:46) Mayoral Proclamation
1. 06:04:13 PM (00:09:58) Proclamation to Celebrate Arbor Day
Mayor Andrus read a proclamation to celebrate and recognize April 26, 2019 as Arbor Day.
She presented the proclamation to City Forester Alex Nordquest and thanked him for his work
on tree management for the City of Bozeman.
J. 06:06:10 PM (00:11:55) Special Presentation
1. 06:06:18 PM (00:12:03) Presentation of the 2019 Bozeman Area Labor Report
(Fontenot/Klungtvedt)
06:06:29 PM (00:12:14) Staff Presentation
Economic Development Director Brit Fontenot introduced the 2019 Bozeman Area Labor Report. He
provided the background of the report and stated this is a collaboration between the City of Bozeman,
Gallatin College, Montana State University, the Bozeman Area Chamber of Commerce, and the Montana
Department of Labor and Industry. He introduced Emily Klungtvedt, Senior Economist from the
Department of Labor, and she reviewed the findings of the report. Stephanie Gray, Program
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Page 4 of 12
Development Manager with Gallatin College, talked about how their work is conducted for lining up
skillsets and occupations.
06:24:47 PM (00:30:32) Commission Comments
Mayor Andrus expressed appreciation of the work of Gallatin College.
Cr. Krauss congratulated Bob Hietala, Dean of Gallatin College MSU, on his upcoming retirement. He
talked about enrollment and graduation rates of Gallatin College.
K. 06:26:29 PM (00:32:14) Action Items
1. 06:26:35 PM (00:32:20) Consent Item 4. Authorize the Mayor to Sign the Valley West
Square Preliminary Plat Findings of Fact and Order, Application 19049 (Quasi-Judicial)
(Saunders)
06:26:51 PM (00:32:36) Commission Comments
Cr. Krauss commented this location is one of the commercial neighborhood centers and expressed
disappointment with the design of the roads. He stated we are not designing neighborhood centers for a
throughput and he thinks our engineers believe we are and need an intervention with the engineers and
design teams. He does not support the lack of parking along Babcock and Cottonwood out in front of
these stores.
06:30:28 PM (00:36:13) Public Comment
There was no public comment.
06:30:36 PM (00:36:21) Motion to Authorize the Mayor to Sign the Valley West Square Preliminary
Plat Findings of Fact and Order, Application 19049.
Commissioner - Terry Cunningham: Motion
Deputy Mayor - Chris Mehl: 2nd
06:30:58 PM (00:36:43) Discussion
DM Mehl stated this is a preliminary plat rather than a site plan, so the commission was restricted in
their review.
Cr. Krauss believes it is a design standard issue and the result shows no parking on the preliminary plat,
which is not what we want on North 7th.
06:32:27 PM (00:38:12) Vote on the Motion to Authorize the Mayor to Sign the Valley West Square
Preliminary Plat Findings of Fact and Order, Application 19049. The motion passed 5-0.
Commissioner - Terry Cunningham: Motion
Deputy Mayor - Chris Mehl: 2nd
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Page 5 of 12
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
2. 06:32:42 PM (00:38:27) Resolution 5051, Ratifying the City Manager’s Signature on a
Settlement Agreement and Waiver of Appeal Rights in Roger Koopman and Paul F. Johnson
v. City of Bozeman (Surratt/Sullivan)
06:32:59 PM (00:38:44) Staff Presentation
City Attorney Greg Sullivan presented Resolution 5051 which would ratify a settlement agreement
between the City of Bozeman, Mr. Koopman and Mr. Johnson. The purpose of the resolution is to
provide the commission an opportunity to resolve the litigation filed by Mr. Koopman and Mr. Johnson
over the Bozeman Public Safety Center educational effort from last fall. Mr. Sullivan revisited the history
of the case and talked about the terms of the settlement. He talked about a few brief pros and cons and
a time appeal if the commission chooses not to ratify the settlement.
06:40:32 PM (00:46:17) Commission Questions
DM Mehl asked what a one-time settlement means in terms of reflecting on the future. He asked if the
city vigorously defends itself.
Cr. Cunningham asked about the cost in terms of personnel time and resources in defending this case
and how it impacts city operations.
CM Surratt reiterated staff time spent with the team on this case.
Cr. Cunningham asked if the check would go to Mr. Koopman or his attorney.
06:49:02 PM (00:54:47) Public Comment
Mayor Andrus opened public comment.
06:49:16 PM (00:55:01) Public Comment, Roger Koopman
Mr. Koopman addressed his ambivalence on this matter relative to whether or not the commission
passes the motion. He gave his background of reasons for bringing this action.
06:53:50 PM (00:59:35) Motion that having considered public comment, I hereby move to adopt
Resolution 5051.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
06:54:09 PM (00:59:54) Discussion
DM Mehl addressed why we are here and talked about the reasons we’ve tried to build a public safety
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Bozeman City Commission Meeting DRAFT MINUTES, April 22, 2019
Page 6 of 12
center. He talked about the commissioner of political practices’ consideration of the issue. He talked
about the district court’s ruling. He stated we need to move on.
Cr. Krauss thanked Mr. Koopman for agreeing to the settlement. He thanked Mr. Sullivan and his staff
for their leadership. He talked about constitutional issues and especially his right to speak. He talked
about not finding merit in the purpose of this lawsuit.
Cr. Pomeroy talked about her thoughts on the complaints dismissed throughout the process. She
chooses not to support the motion.
Cr. Cunningham talked about the bottom line of the strategic planning objective to get the public safety
center built. He talked about the numerous presentations given at events to educate the public on what
they were voting on. He talked about a litigious society.
Mayor Andrus will support the resolution and agrees with the previous comments. She thanked Mr.
Sullivan and team and community for their patience. She talked about the bottom line effort to get the
building built. She talked about public interest.
07:13:22 PM (01:19:07) Vote on the Motion that having considered public comment, I hereby move to
adopt Resolution 5051. 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: Approve
Commissioner - I-Ho Pomeroy: Disapprove
Commissioner - Terry Cunningham: Approve
3. 07:13:42 PM (01:19:27) Decision on Protests Regarding Creation of Special Improvement
District (SID) Number 745 and Adoption of Resolution 4893, Creation of Special
Improvement District (SID) Number 745 for North Ferguson Avenue and West Oak Street
(Sullivan)
07:14:05 PM (01:19:50) Staff Presentation
City Attorney Greg Sullivan presented information to the commission to help them better understand
where the process currently stands. He informed the commission they are currently in discussion at the
hearing on looking at the protests that were filed by the property owner. He explained when they
adjourned this back in August they had already accepted public comment and decided to adjourn the
meeting to a future date. Mr. Sullivan gave his recommendation on the process.
07:21:31 PM (01:27:16) Point of Clarification
Mayor Andrus asked CA Sullivan if the commission could take additional public comment.
07:22:07 PM (01:27:52) Question of Staff
DM Mehl asked for clarification of the two roads. He asked about the waiver and method of assessment.
He asked what would happen if we didn’t charge the money. He asked about expected traffic.
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Page 7 of 12
Cr. Pomeroy asked about the buy/sell agreement relative to the buyer paying for the street
improvements.
Cr. Krauss asked about the estimate of population usage on Oak and Ferguson.
07:30:44 PM (01:36:29) Staff Clarification
City Engineer Bob Murray provided details of the range of population usage on Oak Street as well as
Ferguson.
07:31:24 PM (01:37:09) Public Comment
Mayor Andrus opened public comment.
07:31:29 PM (01:37:14) Marty Lambert, Public Comment
Mr. Lambert reaffirmed the county’s protest to the creation to SID 745. He talked about the waiver
issue.
07:34:20 PM (01:40:05) Motion that the waiver included in the Annexation Agreement contained
within the packet material for this agenda item includes the improvements for which this SID is being
created, that the current property is bound by the waiver, and that based on the totality of the
evidence in the record to overrule the property owner’s protest.
Commissioner - Jeff Krauss: Motion
Commissioner - I-Ho Pomeroy: 2nd
07:34:45 PM (01:40:30) Discussion
Cr. Krauss commented that the county bought property from a developer who waived their right to
protest. He talked about a condition of annexation.
Cr. Pomeroy commented when the county purchased the land, they accepted the conditions.
Cr. Cunningham referenced the annexation agreement from Baxter Meadows.
DM Mehl addressed three separate parts of the main motion as well as the coming second motion.
Mayor Andrus commented that the county knew of the waiver and reiterated the stated language.
07:41:53 PM (01:47:38) Vote on the Motion that the waiver included in the Annexation Agreement
contained within the packet material for this agenda item includes the improvements for which this
SID is being created, that the current property is bound by the waiver, and that based on the totality
of the evidence in the record to overrule the property owner’s protest. 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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07:42:01 PM (01:47:46) Motion that after hearing all protests and public comment and finding the
protest to be insufficient under law to bar further proceedings as provided for in Section 3 of the
Resolution, and based on oral findings made by Commissioners during the Resolution of Intent and the
two prior discussions on this Resolution and oral findings made this evening, along with evidence
presented during the hearing on the Resolution of Intent and the two prior hearings on this
Resolution, I hereby move to adopt Resolution 4893, creating Special Improvement District Number
745.
Commissioner - Jeff Krauss: Motion
Commissioner - I-Ho Pomeroy: 2nd
07:42:34 PM (01:48:19) Discussion
Cr. Krauss commented that Gallatin County had years to address the road issues. He talked about
negotiations over a long period of time.
Cr. Pomeroy commented when the county got the land they agreed to improve the streets. She
mentioned the protest is insufficient under law and will support this motion.
Cr. Cunningham stated SID 745 is having benefit right now for the property owners. He commented it is
safer and is currently improving public safety.
DM Mehl supports the underlying and following motion. He agrees with the content of the memo and
other rationale. He talked about three core issues of what local governments do.
Mayor Andrus talked about fairness and safety, and commented the county knew this was coming. She
further commented the improvements on this road make the area safer.
Cr. Krauss talked about the method used to create SIDs and county RIDs.
Cr. Cunningham pointed out that we try to avoid the absurd result of a situation where a Bozeman
citizen would find themselves on both sides of litigation. He hopes this situation could be avoided.
08:00:36 PM (02:06:21) Vote on the Motion that after hearing all protests and public comment and
finding the protest to be insufficient under law to bar further proceedings as provided for in Section 3
of the Resolution, and based on oral findings made by Commissioners during the Resolution of Intent
and the two prior discussions on this Resolution and oral findings made this evening, along with
evidence presented during the hearing on the Resolution of Intent and the two prior hearings on this
Resolution, I hereby move to adopt Resolution 4893, creating Special Improvement District Number
745. 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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08:00:46 PM (02:06:31) Recess
Mayor Andrus called the commission into recess until 8:10 PM.
08:10:20 PM (02:16:05) Call to Order
Mayor Andrus called the meeting back to order at 8:10 PM.
4. 08:10:27 PM (02:16:12) Resolution 5030, Approving a Project in the Northeast 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; Approving a Related Development Agreement;
and Making a Reimbursement Declaration; Known as Cottonwood and Ida (Fine)
08:11:00 PM (02:16:45) Staff Presentation
Urban Renewal Program Manager David Fine presented the context of the Northeast Urban Renewal
District and the conditions the district was created to address. He talked about the process of creating
an urban renewal district. He outlined the proposed project and summarized the particular incentives
and development agreement involved.
08:16:16 PM (02:22:01) Questions of Staff
Cr. Cunningham asked about the expenditure of TIF dollars and the notion that if not for the TIF dollars
it either would not be done or would result in an inferior product.
DM Mehl asked when the discussion about how the advisory board voted would take place.
08:23:15 PM (02:29:00) Applicant Presentation
Erik Nelson, with the Thinktank Design Group and representative for the development, presented the
details of the proposed design for the Cottonwood and Ida project. He talked about infill development
and site selection. He indicated a TIF was a metric for locating in an infill district lacking infrastructure.
08:32:23 PM (02:38:08) Questions of Applicant
Cr. Cunningham asked if there was no $2M increment, what would happen to the project.
08:33:33 PM (02:39:18) Staff Clarifications
Mr. Fine talked about the total project investment and incentives the applicant is requesting. He talked
about nine principles of the Northeast Urban Renewal Plan, eight of which this project meets. He
entered the staff report comments into the record. He reviewed eligible project costs, fiscal effects of
the project and outlined the accomplishments of Resolution 5030. He stated the Northeast Urban
Renewal Board has been engaging with this developer for the last 2-3 years and recommends adoption
of the resolution.
08:39:47 PM (02:45:32) Questions of Staff
Cr. Pomeroy asked about total project costs.
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DM Mehl asked about compliance with state law requirements.
Cr. Krauss asked if we’ve done a project in the Northeast Urban Renewal Board that has an ROI.
Mayor Andrus asked if the complete project would be built before any reimbursement.
08:43:45 PM (02:49:30) Public Comment
There was no public comment.
08:44:00 PM (02:49:45) Motion that incorporating the information and findings in the staff
memorandum to the City Commission, oral findings made by the Commission during the public
hearing, information and findings contained in the proposed resolution, and after considering public
comment, I hereby move to adopt Resolution 5030, amended to correct all references to the Eligible
Costs of the Project in the Resolution and the Development Agreement attached as Exhibits A and C to
$2,129,215.68.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Terry Cunningham: 2nd
08:44:47 PM (02:50:32) Discussion
Cr. Pomeroy stated this is a very ambitious plan and hopes it is successful.
Cr. Cunningham agrees with the Northeast Urban Renewal District plan findings.
DM Mehl supports the motion and agrees with previous comments.
Cr. Krauss talked about conditions of blight and feedback from the legislature about TIFs.
Mayor Andrus will support the resolution and thanked the applicant for his work over the years.
08:53:16 PM (02:59:01) Vote on the Motion that incorporating the information and findings in the
staff memorandum to the City Commission, oral findings made by the Commission during the public
hearing, information and findings contained in the proposed resolution, and after considering public
comment, I hereby move to adopt Resolution 5030, amended to correct all references to the Eligible
Costs of the Project in the Resolution and the Development Agreement attached as Exhibits A and C to
$2,129,215.68. 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
5. 08:53:30 PM (02:59:15) Policy Discussion on Revisions to Resolution 4400, the City’s 2012
Annexation Policy (Surratt)
08:53:49 PM (02:59:34) Staff Presentation
CM Surrat opened the policy discussion and commented this has been a team effort. She presented the
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Bozeman City Commission Meeting DRAFT MINUTES, April 22, 2019
Page 11 of 12
background of the annexation policy and existing practices. She pointed out this is a priority according to
the strategic plan from 2018 and 2019 as well as the growth policy. She stated staff will ask for guidance
and come back with a draft policy for the commission’s final consideration.
09:06:10 PM (03:11:55) Commission Clarification
Mayor Andrus asked for clarification regarding direction staff is seeking.
09:06:19 PM (03:12:04) Staff Clarification
CM Surratt stated the guidance staff is seeking relative to amending the annexation policy and also
whether the commission wants to move toward city-initiated annexation. Community Development
Manager Chris Saunders further clarified guidance needed relative to amendments to the Municipal
Code.
09:09:48 PM (03:15:33) Questions and Discussion
The commission asked a series of questions related to specific elements of the annexation policy. CM
Surratt, Community Development Manager Chris Saunders and CA Sullivan answered questions of the
commission.
09:29:23 PM (03:35:08) Public Comment
There was no public comment.
09:29:34 PM (03:35:19) Discussion
Cr. Krauss supports cleaning up Part A and is opposed Part B.
Cr. Pomeroy likes the direction.
Cr. Cunningham thinks this is the direction we should be heading.
DM Mehl agrees with what comes next and public input will be vital. He mentioned small group
meetings and larger public discussions. He thinks this is a good first step.
Mayor Andrus agrees that looking at city initiated annexation as we continue to grow is the right thing
to do. She talked about the complexity of the time and effort it will take to accomplish this and being
thoughtful in implementation.
CM Surratt indicated this could be brought back in late summer after the work, as well as public
engagement, is complete.
Motion: No motion is required. Advertised as an action item so the Commission may provide direction as
needed.
6. 09:36:51 PM (03:42:36) Appointment(s) to the Trails, Open Space and Parks Committee
(TOP) (Sweeney)
09:36:59 PM (03:42:44) Public Comment
There was no public comment.
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Page 12 of 12
09:37:09 PM (03:42:54) Motion to appoint Don Beeman to the Public Health position with a term
ending April 15, 2022 and Tom Starner to the Real Estate position with a term ending April 15, 2022 on
the Trails, Open Space and Parks Committee.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Chris Mehl: 2nd
09:37:21 PM (03:43:06) Vote on the Motion to appoint Don Beeman to the Public Health position with
a term ending April 15, 2022, and Tom Starner to the Real Estate position with a term ending April 15,
2022 on the Trails, Open Space and Parks Committee. The motion passed 5-0.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Chris Mehl: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
L. 09:37:31 PM (03:43:16) FYI / Discussion
There was no further FYI.
M. 09:37:38 PM (03:43:23) Adjournment
Mayor Andrus adjourned the meeting at 9:37 PM.
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