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HomeMy WebLinkAbout09-09-19 City Commission Packet Materials - MIN. August 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 August 5, August 12, and August 19, 2019, and User Access to Linked Minutes MEETING DATE: September 9, 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 August 5, 2019, please click here (minutes are located by clicking on the related documents tab above agenda). To view the video and the minutes of August 12, 2019, please click here (minutes are located by clicking on the related documents tab above agenda). To view the video and the minutes of August 19, 2019, 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 August 5, August 12, and August 19, 2019 as submitted. BACKGROUND: In 2013, The Clerk’s Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included: • Live streaming broadcast of the City Commission Meeting • Meeting efficiency • Better access of meeting information for staff and the public • Time savings • Streamlined approach to citizen involvement and public comment 11 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 August 28, 2019 12 Page 1 of 16 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, August 05, 2019 Mayor - Cynthia Andrus: Present Deputy Mayor - Chris Mehl: Present Commissioner - Jeff Krauss: Present Commissioner - I-Ho Pomeroy: Present Commissioner - Terry Cunningham: Present Staff Present at the Dais: City Manager (CM) Andrea Surratt, City Attorney (CA) Greg Sullivan, Deputy City Clerk Brenda Sweeney A. 05:59:59 PM (00:02:12) 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 (00:02:22) Pledge of Allegiance and a Moment of Silence C. 06:01:03 PM (00:03:15) Changes to the Agenda CM Surratt noted no changes to the agenda. D. 06:01:10 PM (00:03:22) FYI • Mayor Andrus talked about the recently installed sound system and technology upgrade. • DM Mehl announced a combined meeting on Wednesday at the Gallatin County Courthouse with the City-County Board of Health and Local Water Quality Board with the EPA administrator. • DM Mehl announced that tomorrow night 6:00 the Planning Board will review the growth map. • CM Surratt recognized an outstanding staff member, Jill Miller Interim Water Treatment Plan Operator, who received two awards at her professional association this month. E. 06:03:43 PM (00:05:56) Commission Disclosures There were no commission disclosures. F. 06:03:49 PM (00:06:02) Minutes 13 Bozeman City Commission Meeting DRAFT MINUTES, August 5, 2019 Page 2 of 16 1. 06:03:51 PM (00:06:04) Approve the Regular Meeting Minutes from July 1 and July 15, 2019, and User Access to Linked Minutes (Crough)  06:03:54 PM (00:06:07) Motion and Vote to approve the regular City Commission minutes from July 1 and July 15, 2019 as submitted. The motion passed 5-0. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve G. 06:04:09 PM (00:06:22) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Appoint a Sub-Committee of Two Commissioners to Review the Depository Bonds and Pledged Securities as of June 30, 2019 (Clark)  3. Approve an On-Premises Beer and Wine License for Bullman’s Pizza of Bozeman, Montana to Sell Beer and Wine at 2825 West Main Street, Suite 2B, for Calendar Year 2019 (Portnell)  4. Approve an Off-Premises Beer and Wine License Transfer for Zeke’s Little Store Inc. of Bozeman, Montana to Sell Beer and Wine, Pending the Approval of the State Transfer of License at 621 Bridger Drive, for Calendar Year 2019 (Portnell)  5. Approve the 2019 Cash-in-Lieu (CIL) of Affordable Housing Calculations (Olsen)  6. Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with Ironwood, Inc, and Skeeter, LLC for Infrastructure Improvements for the West Peach Condos Project (Nielsen)  7. Authorize the City Manager to Sign a Public Street and Utility Easement with D. L. Brawner, Trustee for the Diane L. Brawner Revocable Trust, for the Gran Cielo Development (Nielsen)  8. Authorize the City Manager to Sign a Release and Reconveyance of a Public Storm Retention Pond Easement, Release and Reconveyance of a Public Access Easement, Release and Reconveyance of a Public Utility Easement, Release and Reconveyance of a Pedestrian Public Access Easement, Drainage Easement, Two Access Easements, Sewer and Water Pipeline and Access Easement and Agreement, Utility Easement, and a Temporary Public Street Easement with Taylor Properties, Inc. for the Lincoln Properties Site Plan (Nielsen)  9. Authorize the City Manager to Sign an Agreement with Central Excavation, Inc. for Construction of the Church Street Stormwater Improvements (Mehrens)  14 Bozeman City Commission Meeting DRAFT MINUTES, August 5, 2019 Page 3 of 16 10. Authorize the City Manager to Sign an Attorney-Client Fee Contract with Crowley Fleck for Lobbying Services for the City of Bozeman (Surratt)  11. Authorize the City Manager to Sign a Contract with Langlas and Associates for a General Contractor/Construction Manager (GC/CM) for Pre-construction and Construction Services for the Bozeman Public Safety Center (BPSC) (Winn) MOVED TO ACTION ITEMS  12. Authorize the City Manager to Sign a Professional Services Agreement with GovHR USA, LLC for Water Treatment Plant Superintendent Recruiting Services (Henderson)  13. Authorize the City Manager to Sign a Purchase Agreement with Tri State Truck & Equipment, Inc. for a 2020 Tandem Axle Truck with Grapple and Dump Box (Handelin/Nordquest) MOVED TO ACTION ITEMS  14. Authorize the City Manager to Sign the Amendment Number 2 to the Purchase Agreement with Neo Solutions, Inc. for the Purchase of Polymer at the Water Reclamation Facility (Radcliffe) MOVED TO ACTION ITEMS  15. Resolution 5086, Authorizing the City Manager to Sign Change Order Number 4 with Montana Civil Contractors, Inc. for the 5.3 Million Gallon (MG) Water Storage Tank Project (Murray)  06:04:14 PM (00:06:27) City Manager Overview CM Surratt noted the highlights of the consent agenda. CM Surratt noted that three items require clarification and pulled Consent Items 11., 13., and 14. to the beginning of the action items. 06:05:55 PM (00:08:08) Public Comment There was no public comment. 06:06:12 PM (00:08:25) Motion and Vote to approve Consent Items 1-10, 12, and 15. The motion passed 5-0. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve H. 06:06:33 PM (00:08:46) Public Comment Mayor Andrus opened public comment. 06:07:11 PM (00:09:24) Jeff Ball, Public Comment Mr. Ball talked about special assessment and rate increase ongoing approval. He suggested an alternative way to divide the assessment cost. 15 Bozeman City Commission Meeting DRAFT MINUTES, August 5, 2019 Page 4 of 16 06:09:13 PM (00:11:26) Scott Boyd, Public Comment Mr. Boyd talked about painting of the curbs and thinks it’s unsightly, chips off and pollutes our water ways. I. 06:11:24 PM (00:13:37) Special Presentation 1. 06:11:25 PM (00:13:38) HAVEN Fiscal Year 2019 Service Numbers and Grant Usage Update (Erica Aytes Coyle, Executive Director) 06:11:42 PM (00:13:55) Presentation Erica Coyle, Executive Director of HAVEN, presented the FY19 service numbers and grant usage update. She spoke about partnering to keep survivors and victims of domestic violence safe. 06:20:44 PM (00:22:57) Questions of Presenter DM Mehl asked what citizens can do for education. Cr. Cunningham asked about restraining order violations and room for improvement. Cr. Pomeroy asked about the increased need of HAVEN services. J. 06:25:48 PM (00:28:01) Action Items 06:26:01 PM (00:28:14) Consent Items 11., 13., 14. DM Mehl explained his request for further fiscal clarification on these consent items. 06:26:58 PM (00:29:11) Consent Item 11. Authorize the City Manager to Sign a Contract with Langlas and Associates for a General Contractor/Construction Manager (GC/CM) for Pre-construction and Construction Services for the Bozeman Public Safety Center (BPSC) (Winn) 06:26:58 PM (00:29:11) Staff Clarification ACM Chuck Winn provided clarity to the two phases of the contract relative to construction costs. 06:29:27 PM (00:31:40) Consent Item 13. Authorize the City Manager to Sign a Purchase Agreement with Tri State Truck & Equipment, Inc. for a 2020 Tandem Axle Truck with Grapple and Dump Box (Handelin/Nordquest) 06:29:29 PM (00:31:42) Staff Clarification CM Surratt talked about the two departments splitting the cost of the equipment, which are Solid Waste and Forestry. She outlined the amount each department will pay. 06:29:58 PM (00:32:11) Consent Item 14. Authorize the City Manager to Sign the Amendment Number 2 to the Purchase Agreement with Neo Solutions, Inc. for the Purchase of Polymer at the Water Reclamation Facility (Radcliffe) 16 Bozeman City Commission Meeting DRAFT MINUTES, August 5, 2019 Page 5 of 16 06:30:02 PM (00:32:15) Staff Clarification CM Surratt talked about the estimated costs annually for the polymer and pointed out this is the third year of a three year contract. 06:30:33 PM (00:32:46) Public Comment There was no public comment. 06:30:43 PM (00:32:56) Motion and Vote to approve Consent Items 11., 13., and 14. The motion passed 5-0. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 1. 06:31:02 PM (00:33:15) Continuation of the Bozeman Residence Inn, 815 East Main Street, Conditional Use Permit and Special Use Permit from August 5, 2019 to September 9, 2019, Application 18499 (Quasi-Judicial) (Krueger)  06:31:13 PM (00:33:26) Staff Clarification CM Surratt explained the applicant would like to continue this item to September 9, 2019. 06:31:37 PM (00:33:50) Public Comment There was no public comment. 06:31:48 PM (00:34:01) Motion to continue the review of the Bozeman Residence Inn, Application 18499 from August 5, 2019 to September 9, 2019. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd 06:32:12 PM (00:34:25) Vote on the Motion to continue the review of the Bozeman Residence Inn, Application 18499 from August 5, 2019 to September 9, 2019. The motion passed 5-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve 17 Bozeman City Commission Meeting DRAFT MINUTES, August 5, 2019 Page 6 of 16 Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 2. 06:32:21 PM (00:34:34) Westland Lofts Master Site Plan and Conditional Use Permit for a Mixed-Use Building and Ground Level Residential and Apartment Buildings at 2472 Gallatin Green Boulevard in B-2, Community Business, Zoning District Including Two Departures, Application 18557 (Quasi-Judicial) (Garber)  06:32:44 PM (00:34:57) Staff Presentation Associate Planner Danielle Garber entered the staff report into the record. She also entered into the record a memo requesting to amend the staff report to add requirements for a condition of approval for cash-in-lieu of parkland review. Ms. Garber presented the site plan and CUP for Westland Lofts. Engineer Griffin Nielsen and City Engineer Shawn Kohtz answered questions. 06:42:40 PM (00:44:53) Questions of Staff DM Mehl asked when this area was laid out with its designated zoning. He asked about R-4 immediately to the north. He asked about commercial sharing residential on the ground floor. He asked if the lift station is currently in our capital plan. He asked why there is a transportation study of interest only with Phase 2. He asked why the Parks District is not included in the waivers. He asked if all buildings are within the allowable height for the area. Cr. Cunningham asked what the commission is approving at this point. He asked about using commercial space on the ground floor for all buildings and if they could do that without coming to the commission. He asked about parking regarding an office versus non-office environment. He asked about trip generation. He asked about environmental objectives. He talked about the need for a traffic study. He asked about designated wetlands on this property. Cr. Pomeroy asked about the Traffic Index Study relative to why they think commercial traffic exceeds residential. She asked about the public comment mentioning children’s safety. She asked about parking units. Mayor Andrus asked what is being built in Phase 1 and if there will be enough parking. She asked about maintenance of the landscaping departure. She asked for other examples in the community that is the same width as Gallatin Green Boulevard. She asked about traffic access in two different places. DM Mehl asked if the traffic study assumed that road width or a different type of road. Mayor Andrus asked if North Wallace is the same width as Gallatin Green. Cr. Pomeroy asked if the landscaping makes the service areas smaller. Mayor Andrus asked if Gallatin Green Road is projected to go further north in the future. Cr. Cunningham asked about future development beyond Blondie St. 07:18:30 PM (01:20:43) Applicant Presentation Eric Horton, with Ensitio Design, provided the background and purpose of the project. 18 Bozeman City Commission Meeting DRAFT MINUTES, August 5, 2019 Page 7 of 16 07:21:16 PM (01:23:29) Questions of Applicant DM Mehl asked if the applicant has seen the staff report. He asked what kind of commercial development will go into 400 square feet. 07:22:24 PM (01:24:37) Applicant Clarification Steve McGough, McGough Construction, explained the type of proposed commercial development. 07:25:54 PM (01:28:07) Questions of Applicant Continued DM Mehl asked the applicants if they are aware of the traffic study for Phase 2 which could affect their plans. Cr. Pomeroy asked if the 31 units are rentals or owned or both. She asked about affordability. 07:29:52 PM (01:32:05) Public Comment Mayor Andrus opened public comment. 07:30:12 PM (01:32:25) Public Comment, Crystal Terry Ms. Terry talked about the narrow streets and thinks a traffic study is needed before the project even starts. 07:33:25 PM (01:35:38) Marilee Brown, Public Comment Ms. Brown is with Citizens Safe for Bozeman and talked about traffic issues and parking spaces in the Baxter Meadows neighborhood. She distributed a map. 07:37:37 PM (01:39:50) Connie Rader, Public Comment Ms. Rader talked about the 70 designated parking spaces. 07:40:26 PM (01:42:39) Floyd Kualo, Public Comment Mr. Kualo talked about traffic issues and safety of children as well as snow removal. 07:42:15 PM (01:44:28) Celia Gravens, Public Comment Ms. Gravens talked about concerns over the scale of the project. 07:44:37 PM (01:46:50) John Terry, Public Comment Mr. Terry talked about the driveway for the development impeding where children cross the area to go to the middle school. He talked about parking issues. 07:46:35 PM (01:48:48) Staff Clarification City Engineer Shawn Kohtz verified the street width. He explained how the measurement for the width is taken. 07:49:58 PM (01:52:11) Questions of Staff DM Mehl asked if other developments were listed in the traffic impact study. He asked where the 19 Bozeman City Commission Meeting DRAFT MINUTES, August 5, 2019 Page 8 of 16 crosswalks will go. Cr. Krauss talked about public testimony referring to wherever their site plan has them exiting this development and interfering with where the kids cross the street. DM Mehl asked if people can cross corner to corner. Mayor Andrus asked about how snow removal will work. She asked about delivery trucks as they come into that location. She asked about concurrent development. 07:57:50 PM (02:00:03) Clarification of Applicant Steve McGough added that they did design the garages for pickup trucks and the new standard is bigger than it used to be. 07:58:54 PM (02:01:07) Motion to amend the staff report for application 18557, adding a condition of approval to read: Applicant must provide a cash-in-lieu of parkland proposal that will be reviewed by the Recreation and Parks Advisory Board (RPAB), approved by the Director of Parks, and payment be received by the City prior to final master site plan approval. Commissioner - Jeff Krauss: Motion Deputy Mayor - Chris Mehl: 2nd 07:59:20 PM (02:01:33) Discussion Cr. Krauss stated this was a requested change by the staff and sees no reason not to add it. DM Mehl concurs. 07:59:31 PM (02:01:44) Vote on the Motion to amend the staff report for application 18557, adding a condition of approval to read: Applicant must provide a cash-in-lieu of parkland proposal that will be reviewed by the Recreation and Parks Advisory Board (RPAB), approved by the Director of Parks, and payment be received by the City prior to final master site plan approval. 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 07:59:44 PM (02:01:57) 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 18557 and move to approve the Conditional Use Permit for ground level residential uses and apartment buildings for the Westland Lofts site plan subject to conditions and all applicable code provisions. 20 Bozeman City Commission Meeting DRAFT MINUTES, August 5, 2019 Page 9 of 16 Commissioner - Jeff Krauss: Motion Deputy Mayor - Chris Mehl: 2nd 08:00:11 PM (02:02:24) Discussion Cr. Krauss will not vote for his motion. He talked about failed ideas including this embedded B-2 inside of neighborhoods. DM Mehl is in agreement with the staff report analysis. He will be supporting this motion. Cr. Cunningham supports the CUP and echoes his colleagues as well. Cr. Pomeroy finds that all requirements are met under city code and provides 31 units of housing. Mayor Andrus will support the CUP for additional dwelling units in B-2 on the ground level. Cr. Krauss clarified we are curing the zoning to allow a site plan if it didn’t pass there would be no site plan approval. 08:14:17 PM (02:16:30) 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 18557 and move to approve the Conditional Use Permit for ground level residential uses and apartment buildings for the Westland Lofts site plan subject to conditions and all applicable code provisions. The motion passed 4-1. Commissioner - Jeff Krauss: Motion Deputy Mayor - Chris Mehl: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 08:14:29 PM (02:16:42) 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 18557 and move to approve the Westland Lofts site plan application subject to conditions and all applicable code provisions. Commissioner - Jeff Krauss: Motion Deputy Mayor - Chris Mehl: 2nd 08:14:53 PM (02:17:06) Discussion Cr. Krauss talked about the Commission’s approval of the CUP and now a site plan review under that type of zoning, and he can’t find anything that steps outside of those lines. DM Mehl talked about this zoning being in place for some time so is expected to have some intensity. He believes this is consistent with what we’re trying to do. He supports the traffic study for Phase 2. Cr. Cunningham thanked the neighbors who came out prepared. He supports the staff findings and report for the site plan. 21 Bozeman City Commission Meeting DRAFT MINUTES, August 5, 2019 Page 10 of 16 Cr. Pomeroy talked about road concerns and traffic conditions but stated this project meets requirements under city code and agrees with staff findings. Mayor Andrus supports it because it’s primarily residential and provides more live work space. She is concerned about parking and traffic on Gallatin Green Boulevard. She will be looking at the traffic study. 08:26:18 PM (02:28:31) Amendment to the Motion to include as a condition that there be a waiver of right to protest a parks district. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd 08:26:58 PM (02:29:11) Vote on the Amendment to the Motion to include as a condition that there be a waiver of right to protest a parks district. The motion passed 5-0. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 08:27:10 PM (02:29:23) Vote on the Motion as Amended 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 18557 and move to approve the Westland Lofts site plan application subject to conditions and all applicable code provisions and to include as a condition that there be a waiver of right to protest a parks district. 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 08:27:25 PM (02:29:38) Recess Mayor Andrus called the meeting into recess until 8:40 PM. 08:37:00 PM (02:39:13) Call to Order Mayor Andrus called the meeting back to order. 22 Bozeman City Commission Meeting DRAFT MINUTES, August 5, 2019 Page 11 of 16 3. 08:37:06 PM (02:39:19) Resolution 5062, Establishing Tree Maintenance District Assessments for Fiscal Year 2020, Making the Assessment Rate $0.003548 per Assessable Square Foot (Donald)  08:37:28 PM (02:39:41) Staff Presentation Finance Director Kristin Donald presented Resolution 5062, which is a recommendation for a 2% increase in the Tree Maintenance District assessment. Ms. Donald reviewed trends over the last couple of years as well as the impact of the increase. 08:38:34 PM (02:40:47) Questions of Staff Cr. Cunningham asked for confirmation that 2% is what this commission approved during the budget discussion as well as the method of assessment. Cr. Krauss talked about public comment that property assessments are all over the map and we should consider dividing geocodes in the city. He asked how staff responds to that comment. 08:40:35 PM (02:42:48) Public Comment There was no public comment. 08:40:45 PM (02:42:58) Motion to adopt Resolution 5062, Establishing Tree Maintenance District Assessments for Fiscal Year 2020, Making the Assessment Rate $0.003548 per Assessable Square Foot. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd 08:41:08 PM (02:43:21) Discussion DM Mehl talked about how growth plays into this amount. He talked about valuation and square footage mentioned in the public comment. He expressed his concern with that method. Cr. Krauss disclosed that his son works for the City Forestry Department. He would vote for this as much as any tax increase and doesn’t feel this is a conflict. He talked about relative fairness of the way we do assessments. Mayor Andrus thinks this is a fair way to do this assessment. She appreciates when the public comes forward to express another way to do things. 08:46:02 PM (02:48:15) Vote on the Motion to adopt Resolution 5062, Establishing Tree Maintenance District Assessments for Fiscal Year 2020, Making the Assessment Rate $0.003548 per Assessable Square Foot. The motion passed 5-0. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve 23 Bozeman City Commission Meeting DRAFT MINUTES, August 5, 2019 Page 12 of 16 Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 4. 08:46:13 PM (02:48:26) Resolution 5063, Establishing Arterial and Collector Street Maintenance District Assessments for Fiscal Year 2020, Making the Assessment Rate $0.006408 per Assessable Square Foot (Donald)  08:46:30 PM (02:48:43) Staff Presentation Finance Director Kristin Donald presented Resolution 5063, and pointed out as the commission approved in the budget, there is no recommended change to the Arterial and Collector Street assessment. She talked about gas tax funds in 2019 reducing the assessment. 08:47:24 PM (02:49:37) Questions of Staff Cr. Pomeroy asked why no increase or decrease. DM Mehl asked if the zero rate is the one the commission adopted in the budget. He asked about the increase in the fund due to growth. 08:48:28 PM (02:50:41) Public Comment There was no public comment. 08:48:37 PM (02:50:50) Motion to adopt Resolution 5063, Establishing Arterial and Collector Street Maintenance District Assessments for Fiscal Year 2020, Making the Assessment Rate $0.006408 per Assessable Square Foot. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd 08:49:00 PM (02:51:13) Discussion Cr. Cunningham noted we will be spending a little over $1.3 Million to fund our CIP needs. He mentioned the gas fund tax from the state. 08:49:37 PM (02:51:50) Vote on the Motion to adopt Resolution 5063, Establishing Arterial and Collector Street Maintenance District Assessments for Fiscal Year 2020, Making the Assessment Rate $0.006408 per Assessable Square Foot. The motion passed 5-0. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve 24 Bozeman City Commission Meeting DRAFT MINUTES, August 5, 2019 Page 13 of 16 Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 5. 08:49:49 PM (02:52:02) Resolution 5064, Establishing Street Maintenance District Assessments for Fiscal Year 2020, Making the Assessment Rate $0.028924 per Assessable Square Foot (Donald)  08:50:04 PM (02:52:17) Staff Presentation Finance Director Kristin Donald noted that as proposed in the recommended budget adopted by the commission, there was an 8% increase in the Street Maintenance District Assessment. She reviewed the increased amounts for the average residential lot as well as maximum residential lot. 08:50:45 PM (02:52:58) Questions of Staff There were no questions of staff. 08:50:53 PM (02:53:06) Public Comment There was no public comment. 08:51:01 PM (02:53:14) Motion to adopt Resolution 5064, Establishing Street Maintenance District Assessments for Fiscal Year 2020, Making the Assessment Rate $0.028924 per Assessable Square Foot. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd 08:51:28 PM (02:53:41) Discussion Cr. Pomeroy stated an 8% increase is original and will support the motion. Cr. Krauss stated it’s a big number a bit harder to swallow for people. Cr. Cunningham sees the big number as well and recognized our city roads are maintained for a large temperature swing. Mayor Andrus will support the motion as well and noted this commission has been dedicated to deferred maintenance. 08:56:51 PM (02:59:04) Vote on the Motion to adopt Resolution 5064, Establishing Street Maintenance District Assessments for Fiscal Year 2020, Making the Assessment Rate $0.028924 per Assessable Square Foot. The motion passed 5-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve 25 Bozeman City Commission Meeting DRAFT MINUTES, August 5, 2019 Page 14 of 16 Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 6. 08:57:01 PM (02:59:14) Appointment(s) to the Bozeman Tree Advisory Board (BTAB) (Sweeney)  08:57:05 PM (02:59:18) Public comment There was no public comment. 08:57:17 PM (02:59:30) Motion to appoint Mason Shaffer, Rebekah VanWieren, and Patrick Cross to the Bozeman Tree Advisory Board with terms ending June 30, 2021. Commissioner - Jeff Krauss: Motion Deputy Mayor - Chris Mehl: 2nd 08:57:28 PM (02:59:41) Vote on the Motion to appoint Mason Shaffer, Rebekah VanWieren, and Patrick Cross to the Bozeman Tree Advisory Board with terms ending June 30, 2021. 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 7. 08:57:37 PM (02:59:50) Appointment(s) to the Downtown Area Urban Renewal District Board (DURB) (Sweeney)  08:57:42 PM (02:59:55) Public comment There was no public comment. 08:57:51 PM (03:00:04) Motion to appoint Kate Wiggins to the Voting Position with a term ending June 30, 2020 and Marley McKenna to the Non-Voting Position with a term ending June 20, 2022 to the Downtown Area Urban Renewal District Board. Commissioner - Jeff Krauss: Motion Deputy Mayor - Chris Mehl: 2nd 08:58:16 PM (03:00:29) Vote on the Motion to appoint Kate Wiggins to the Voting Position with a term 26 Bozeman City Commission Meeting DRAFT MINUTES, August 5, 2019 Page 15 of 16 ending June 30, 2020 and Marley McKenna to the Non-Voting Position with a term ending June 20, 2022 to the Downtown Area Urban Renewal District Board. 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 8. 08:58:25 PM (03:00:38) Appointment(s) to the Northeast Urban Renewal Board (NURB) (Sweeney)  08:58:29 PM (03:00:42) Public comment There was no public comment. 08:58:38 PM (03:00:51) Motion to appoint Corwin Dormire to the Voting Position with a term ending July 31, 2023, and Robert Pavlic to the Non-Voting Position with a term ending July 31, 2023 to the Northeast Urban Renewal Board. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd 08:59:01 PM (03:01:14) Vote on the Motion to appoint Corwin Dormire to the Voting Position with a term ending July 31, 2023, and Robert Pavlic to the Non-Voting Position with a term ending July 31, 2023 to the Northeast Urban Renewal Board. The motion passed 5-0. 9. 08:59:09 PM (03:01:22) Appointment to the Zoning Commission (Sweeney)  08:59:12 PM (03:01:25) Public Comment There was no public comment. 08:59:21 PM (03:01:34) Motion to appoint Nicole Olmstead to the Zoning Commission with a term ending February 28, 2021. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 27 Bozeman City Commission Meeting DRAFT MINUTES, August 5, 2019 Page 16 of 16 08:59:30 PM (03:01:43) Vote on the Motion to appoint Nicole Olmstead to the Zoning Commission with a term ending February 28, 2021. The motion passed 5-0. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve K. 08:59:39 PM (03:01:52) FYI / Discussion • CM Surratt thanked IT Director Scott McMahan and City Clerk Robin Crough for working through the transition of the technology upgrade. • Cr. Cunningham mentioned the public comment related to curb painting. He requested information be provided to the commission in terms of biodegradable materials. L. 09:00:48 PM (03:03:01) Adjournment Mayor Andrus adjourned the meeting at 9:00 PM. 28 Page 1 of 7 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, August 12, 2019 Mayor - Cynthia Andrus: Present Deputy Mayor - Chris Mehl: Present Commissioner - Jeff Krauss: Present Commissioner - I-Ho Pomeroy: Present Commissioner - Terry Cunningham: Absent Staff Present at the Dais: Assistant City Manager (ACM) Anna Rosenberry, City Attorney (CA) Greg Sullivan, City Clerk Robin Crough A. 05:59:58 PM (00:04:48) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse Mayor Andrus called the meeting to order at 6:00 PM. B. 06:00:07 PM (00:04:57) Pledge of Allegiance and a Moment of Silence C. 06:01:01 PM (00:05:51) Changes to the Agenda There were no changes to the agenda. D. 06:01:07 PM (00:05:57) Authorize Absence – Commissioner Terry Cunningham 06:01:08 PM (00:05:58) Motion and Vote to authorize the absence of Commissioner Cunningham. 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: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Absent E. 06:01:22 PM (00:06:12) FYI • Cr. Krauss discussed street light shields installed in his neighborhood that are working well. 29 Bozeman City Commission Meeting DRAFT MINUTES, August 12, 2019 Page 2 of 7 F. 06:02:17 PM (00:07:07) Commission Disclosures There were no commission disclosures. G. 06:02:25 PM (00:07:15) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Approve the Depository Bonds and Pledged Securities as of June 30, 2019 (Clark)  3. Authorize the City Manager to Sign an Agreement with Heart of the Valley, Inc. (HOV) for Animal Shelter Impound and Care Services (Veltkamp)  4. Authorize the City Manager to Sign Four (4) Agreements for Services and Receipt of Grant Funds with the Sexual Assault Counseling Center (SACC), HAVEN, Gallatin County CASA/GAL Program, Inc. (GAL), and Bozeman Deaconess Health Services d/b/a Bozeman Health (BH) for the 2018 Office on Violence Against Women (OVW) Grant Awards to the Gallatin Project (Veltkamp)  5. Authorize the City Manager to Sign a Professional Services Agreement with Combustion Service Company, Inc. for the Re-tubing of the Water Reclamation Facility Boiler (Radcliffe)  6. Authorize the City Manager to Sign a Professional Services Master Task Order Agreement with Morrison Maierle, Inc. Providing for On-call Pretreatment Program Engineering Services for the Water Reclamation Facility (Heaston)  7. Resolution 5091, Authorizing the Use of an Alternative Project Delivery Contract for a General Contractor/Construction Manager for Preconstruction and Construction Services for the Repair of the Bogert Pavilion (Henderson)  06:02:30 PM (00:07:20) City Manager Overview ACM Rosenberry discussed the highlights of the consent agenda. 06:03:59 PM (00:08:49) Public Comment There was no public comment. 06:04:10 PM (00:09:00) Motion and Vote to approve Consent Items 1-7 as submitted. The motion passed 4-0. Commissioner - I-Ho Pomeroy: 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: Absent H. 06:04:27 PM (00:09:17) Public Comment 30 Bozeman City Commission Meeting DRAFT MINUTES, August 12, 2019 Page 3 of 7 Mayor Andrus opened public comment. 06:05:15 PM (00:10:05) Jeff Ball, Public Comment Mr. Ball discussed concern with street assessments being based on square footage. I. 06:07:32 PM (00:12:22) Action Items 1. 06:07:34 PM (00:12:24) Addendum Number 2 to the Impact Fee Payment Agreement with East Main Investments, LLC for Improvements to the Intersection of Highland Boulevard and East Main Street to Increase the City’s Contribution by $130,000 (Blackmore Bend Project) (Saunders)  06:08:00 PM (00:12:50) Staff Presentation Policy and Planning Manager Chris Saunders presented on the Blackmore Bend intersection project, and the applicant’s request for financial assistance. He noted staff findings on the requested revision of the agreement. 06:11:27 PM (00:16:17) Questions of Staff Cr. Krauss asked about options for financing the project, including moving CIP items or granting impact fee credits. DM Mehl asked about project cost detail history. He asked if this has happened before or happens often. Cr. Pomeroy asked how impact fee credits work. She asked why MDT didn’t pay. She asked if impact fee credits can be given in the future. Mayor Andrus if all the items provided to the commission were capacity-expanding projects. She asked about the new project costs and the new share the City would be covering. CA Sullivan clarified the original agreement did not split it on a percent basis. Cr. Krauss asked if this is a change to the scope of the project, not an estimate, and if a change in scope is addressed in the agreement. DM Mehl asked about capacity-expanding costs. Finance Director Kristin Donald responded regarding amending the CIP. Cr. Krauss asked about percentages of intersections eligible for impact fees. 06:36:02 PM (00:40:52) Applicant Presentation Don Cape, Jr. with East Main Investments, noted that most of the work has been completed, they are working on final payment. He noted this project was on the CIP previously. He discussed using impact fee credits to work well for the city as well. He spoke regarding pedestrian crosswalks. 06:41:44 PM (00:46:34) Questions of Applicant Cr. Krauss asked Mr. Cape about the net on-site improvements costs. DM Mehl asked if he’s looking for credits or an installment program. 31 Bozeman City Commission Meeting DRAFT MINUTES, August 12, 2019 Page 4 of 7 Cr. Pomeroy asked if MDT was asked for payment. Mayor Andrus asked if he knew about the possibility that the project could come in more, so what is his reasoning for asking for more. 06:48:54 PM (00:53:44) Public Comment There was no public comment. 06:49:08 PM (00:53:58) Questions of Staff Cr. Pomeroy asked how much Bozeman Health contributed to this infrastructure development. Cr. Krauss asked if we’ve held Bozeman Health or MSU accountable for infrastructure development at this intersection. 06:53:15 PM (00:58:05) Motion to authorize the City Manager to sign addendum number two to the Impact Fee Payment Agreement with East Main Investments, LLC for improvements to the intersection of Highland Boulevard and East Main Street to increase the City’s contribution by $430,000. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd 06:53:52 PM (00:58:42) Discussion Cr. Krauss stated the City should use impact fees for this. Cr. Pomeroy agreed with Cr. Krauss, and discussed fairness in infrastructure funding. DM Mehl stated this amount throws the CIP out of balance. Cr. Krauss stated he did not put a time constraint on the motion, and that the staff will come back with a way to fund this. DM Mehl stated this motion isn’t clear enough. Mayor Andrus is hesitant to commit a dollar amount at this point. She does support a 50/50 split. Cr. Krauss discussed flexibility, but he wanted some level of certainty for Mr. Cape. DM Mehl stated he supports the motion with the legislative history that the remainder of the money. 07:08:04 PM (01:12:54) Vote on the Motion to authorize the City Manager to sign addendum number two to the Impact Fee Payment Agreement with East Main Investments, LLC for improvements to the intersection of Highland Boulevard and East Main Street to increase the City’s contribution by $430,000. The motion failed 4-0. Commissioner - Jeff Krauss: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Cynthia Andrus: Disapprove Deputy Mayor - Chris Mehl: Disapprove Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Disapprove Commissioner - Terry Cunningham: Absent 32 Bozeman City Commission Meeting DRAFT MINUTES, August 12, 2019 Page 5 of 7 07:08:25 PM (01:13:14) Motion to direct the City Manager to sign a second addendum to the Blackmore Bend Impact Fee Payment Agreement (ICFR-1705) and increase the City’s contribution by a number to be determined, by $130,000 cash and an additional number of impact fee credits to be determined by the eligible expenditures that meet the requirements of our impact fee program. Commissioner - Jeff Krauss: Motion Deputy Mayor - Chris Mehl: 2nd 07:09:05 PM (01:13:55) Discussion The Commission discussed support. 07:09:18 PM (01:14:08) Vote on the Motion to direct the City Manager to sign a second addendum to the Blackmore Bend Impact Fee Payment Agreement (ICFR-1705) and increase the City’s contribution by a number to be determined, by $130,000 cash and an additional number of impact fee credits to be determined by the eligible expenditures that meet the requirements of our impact fee program. The motion passed 4-0. 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: Absent 2. 07:09:32 PM (01:14:22) Resolution 5085, Authorizing the Issuance and Private Negotiated Sale of the Remaining $36,965,000 Million Voter-approved Bozeman Public Safety Center Bonds (Donald)  07:09:59 PM (01:14:49) Staff Presentation Finance Director Kristin Donald discussed the process for the Bozeman Public Safety Center bonding. 07:10:28 PM (01:15:18) Questions of Staff There were no questions for staff. 07:10:44 PM (01:15:34) Public Comment There was no public comment. 07:10:52 PM (01:15:42) Motion to adopt Resolution 5085, Authorizing the Issuance and Private Negotiated Sale of the Remaining $36,965,000 Million Voter-approved Bozeman Public Safety Center 33 Bozeman City Commission Meeting DRAFT MINUTES, August 12, 2019 Page 6 of 7 Bonds. Deputy Mayor - Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 2nd 07:11:24 PM (01:16:14) Discussion DM Mehl thanked the public for supporting this issue. Cr. Pomeroy thanked the public as well. Cr. Krauss stated this will result in a lower interest rate for the public. Mayor Andrus supports the motion. 07:13:45 PM (01:18:35) Vote on the Motion to adopt Resolution 5085, Authorizing the Issuance and Private Negotiated Sale of the Remaining $36,965,000 Million Voter-approved Bozeman Public Safety Center Bonds. 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: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Absent 3. 07:13:55 PM (01:18:45) Appointment(s) to the Board of Ethics (Sweeney)  07:13:57 PM (01:18:47) Public Comment There was no public comment. 07:14:11 PM (01:19:01) Motion and Vote to appoint [Melissa] Frost to a term expiring July 31, 2021, and [Sara] Rushing to a term that expiring [July 31, 2021, to the Board of Ethics]. 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: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Absent 4. 07:14:34 PM (01:19:24) Appointment(s) to the Bozeman Beautification Advisory Board (BBAB) 34 Bozeman City Commission Meeting DRAFT MINUTES, August 12, 2019 Page 7 of 7 (Sweeney)  07:14:36 PM (01:19:26) Public Comment There was no public comment. 07:14:44 PM (01:19:34) Motion and Vote to appoint [Takami] Clark and [Aimee] Johnson [to the Bozeman Beautification Advisory Board] with terms ending June 30, 2020. 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: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Absent J. 07:15:00 PM (01:19:50) FYI / Discussion There was no FYI. K. 07:15:08 PM (01:19:58) Adjournment Mayor Andrus adjourned the meeting at 7:15 PM. 35 Page 1 of 13 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, August 19, 2019 Mayor - Cynthia Andrus: Present Deputy Mayor - Chris Mehl: Present Commissioner - Jeff Krauss: Present Commissioner - I-Ho Pomeroy: Present Commissioner - Terry Cunningham: Present Staff Present at the Dais: City Manager (CM) Andrea Surratt, City Attorney (CA) Greg Sullivan, Deputy City Clerk Brenda Sweeney A. 05:59:57 PM (00:02:05) 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 (00:02:16) Pledge of Allegiance and a Moment of Silence C. 06:00:55 PM (00:03:03) Changes to the Agenda There were no changes to the agenda. D. 06:01:00 PM (00:03:08) Public Service Announcements 1. City Commission Meetings Cancelled on Monday, August 26, 2019 and Monday, September 2, 2019 and Closure of City Offices on Monday, September 2, 2019 (Sweeney) E. 06:01:15 PM (00:03:23) FYI • Commissioner Cunningham talked about the Affordable Housing Working Group’s Action Plan regularly scheduled community check-in’s tomorrow from 11 am -1 pm and 5 pm -7 pm. • DM Mehl announced that the Planning Board will be discussing the Growth Map Amendment tomorrow at 7:00 PM. • Mayor Andrus informed the commission that on September 9th they will be setting the mill levies in two separate motions. She recommends looking at the General Fund to make amendments to spend any additional mill levies. She talked about further budget amendments and communicating those to CM Surratt or Mayor Andrus for proper noticing. • CM Surratt let the community know about the next iteration of Symbozium. 36 Bozeman City Commission Meeting DRAFT MINUTES, August 19, 2019 Page 2 of 13 F. 06:03:59 PM (00:06:07) Commission Disclosures Cr. Cunningham will be recusing himself from the discussion in Action Item 1. and will explain further at that point. G. 06:04:18 PM (00:06:26) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Formal Cancellation of the August 26, 2019 and September 2, 2019 City Commission Meetings (Crough)  3. Authorize the City Manager to Sign Task Order Number MID20-002 with Sanderson Stewart for 5th Avenue Conduit Design (Fine)  4. Resolution 5088, Intent to Create Special Improvement Lighting District (SILD) Number 755 for Norton East Ranch Subdivision, Phase 4 (Massey/Clark)  06:04:22 PM (00:06:30) City Manager Overview CM Surratt noted the highlights of the consent agenda. 06:05:01 PM (00:07:09) Public Comment There was no public comment. 06:05:13 PM (00:07:21) Motion and Vote to approve Consent Items 1-4 as submitted. The motion passed 5-0. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve H. 06:05:31 PM (00:07:39) Public Comment Mayor Andrus opened public comment. 06:06:10 PM (00:08:18) Debbie Angelie, Public Comment Ms. Angelie spoke about the Durston Road construction and how the majority of traffic flow on the west side of town is coming through her neighborhood. She asked for action in the way of temporary speed bumps. I. 06:08:23 PM (00:10:31) Action Items 1. 06:08:25 PM (00:10:33) The Parklands at Village Downtown Subdivision, a Preliminary Plat Application for a Proposed Ten (10) Lot Residential Subdivision with Stormwater Tract, Park, 37 Bozeman City Commission Meeting DRAFT MINUTES, August 19, 2019 Page 3 of 13 and Rights-of-way on 4.6558 Acres, Located at the East End of the Village Downtown Boulevard, Application 19135 (Quasi-Judicial) (Saunders)  06:08:51 PM (00:10:59) Commissioner Recusal Cr. Cunningham recused himself from the discussion and explained his position and business connection to one of the applicants. 06:09:48 PM (00:11:56) Staff Clarification CA Sullivan explained the impact on the process in the event there is a tie vote. 06:10:52 PM (00:13:00) Staff Presentation Community Development Manager Chris Saunders presented The Parklands application, which is zoned as R-4 and consists of nine single home lots and one multi-home lot. He reviewed the findings and staff recommendations. 06:22:19 PM (00:24:27) Staff Clarification CA Sullivan pointed out that one commissioner may have received direct communication from the applicant that was not directed to agenda@bozeman.net, which could be new information. He explained the process the commission would need to follow under state law to make a determination about the new information. 06:23:42 PM (00:25:50) Questions of Staff Cr. Pomeroy asked if this project qualifies for affordable housing. She asked about conditions 20 and 26. She asked about the sewer main being at full capacity. DM Mehl asked about recommendations meeting standard approval. He asked about condition 26 and any new code requirements since the Planning Board report. He asked about emergency access and adequate snow storage. Mayor Andrus asked about condition 24 regarding high ground water. She asked about the park equation. 06:44:28 PM (00:46:36) Applicant Presentation Matt Hauser, with C&H Engineering, presented the project and highlighted a few aspects surrounding the sight. Mike Delaney, developer for the project, addressed questions that were raised. He talked about an issue that he encountered today regarding a forestry area that would need to be taken out. 06:56:38 PM (00:58:46) Questions of Applicant Cr. Pomeroy asked if there is any provision for affordable housing. She asked about emergency access. Cr. Krauss asked if there is a realty requirement that will point out the railroad and related noise to potential buyers. DM Mehl asked about the change to the parks configuration. He asked if the team has read the staff report except the one condition. He asked if this is all on the record now for the public. 38 Bozeman City Commission Meeting DRAFT MINUTES, August 19, 2019 Page 4 of 13 07:07:49 PM (01:09:57) Public Comment Mayor Andrus opened public comment. 07:07:59 PM (01:10:07) Sherry Stout, Public Comment Ms. Stout talked about the strategic plan addressing zero net wetland loss for Bozeman. 07:09:04 PM (01:11:12) Staff Clarification City Engineer Shawn Kohtz provided clarification about the trees at the end of the cul de sac. 07:09:48 PM (01:11:56) Staff Clarification CA Sullivan stated the applicant’s oral testimony reflected his public comment, and the commission can proceed. 07:10:09 PM (01:12:17) Questions of Staff Cr. Pomeroy asked for clarification that this project is protecting wetlands. 07:11:04 PM (01:13:12) Motion that having reviewed and considered the application materials, public comment, Planning Board recommendation, and all the information presented, I hereby adopt the findings presented in the staff report for application 19135 and move to approve the Parklands at Village Downtown subdivision with conditions and subject to all applicable code provisions. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd 07:11:53 PM (01:14:01) Discussion Cr. Pomeroy agrees with the staff report and all conditions. Cr. Krauss adopts the findings of the staff report. He talked about developing next to the railroad. DM Mehl will be supporting the motion. He agrees with the staff analysis. Mayor Andrus will support the motion as well and associates with the comments of her colleagues. 07:19:06 PM (01:21:14) Vote on the Motion that having reviewed and considered the application materials, public comment, Planning Board recommendation, and all the information presented, I hereby adopt the findings presented in the staff report for application 19135 and move to approve the Parklands at Village Downtown subdivision with conditions and subject to all applicable code provisions. The motion passed 4-0. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve 39 Bozeman City Commission Meeting DRAFT MINUTES, August 19, 2019 Page 5 of 13 Commissioner - Terry Cunningham: Abstain 07:19:15 PM (01:21:23) Motion that having reviewed and considered the application materials, public comment, Recreation and Parks Advisory Board recommendation, and all the information presented, I hereby adopt the findings presented in the staff report for the park master plan associated with application 19135 and move to approve the Parklands at Village Downtown subdivision park master plan. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd 07:19:49 PM (01:21:57) Discussion Cr. Pomeroy stated this project meets all city requirements, and she will support the motion. Cr. Krauss stated he has mixed feelings on this and believes parkland should be accessible to everyone in the city. He talked about clear signage. DM Mehl talked about an existing condition for signs. He talked about what could happen in the future in a much larger system. Mayor Andrus will support it as well but echoed the caution about parkland and that communities enjoy those properties. 07:23:03 PM (01:25:11) Vote on the Motion that having reviewed and considered the application materials, public comment, Recreation and Parks Advisory Board recommendation, and all the information presented, I hereby adopt the findings presented in the staff report for the park master plan associated with application 19135 and move to approve the Parklands at Village Downtown subdivision park master plan. The motion passed 4-0. Commissioner - I-Ho Pomeroy: 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: Abstain 07:23:14 PM (01:25:22) Recess Mayor Andrus called the meeting into recess until 7:35 PM. 07:31:26 PM (01:33:34) Call to Order Mayor Andrus called the meeting back to order. 2. 07:31:31 PM (01:33:39) Resolution 5065, Establishing Rates for Water Service for the City of 40 Bozeman City Commission Meeting DRAFT MINUTES, August 19, 2019 Page 6 of 13 Bozeman (Donald)  07:31:42 PM (01:33:50) Staff Presentation Finance Director Kristin Donald presented Resolution 5065 and explained the background leading up to the inclusion of this model in the budget. She reviewed the proposed established Water Fund rates. 07:34:20 PM (01:36:28) Questions of Staff Cr. Krauss asked about the incremental use and usage rate tables. He asked about the increased government rate including the city’s base rate. He asked about drought rates. DM Mehl asked for confirmation that none of the rates changed from the April presentation. He asked if the lowest tier will see the lowest increase. He asked about the average residential customers will see. Cr. Cunningham talked about the Historical Annual Flow by User Class chart. He asked about low income assistance. He asked about benchmarks for the commission to refer to in the future. CM Surratt stated staff will provide an update to the commission after the new rates have been tested relative to impacts on families. Cr. Pomeroy asked why the government increase went from 5% to 20%. She asked how water consumption changes during the year. She asked about the techniques of watering plants and lawns versus drinking water. 07:46:45 PM (01:48:53) Staff Clarification City Engineer Shawn Kohtz talked about the current development of a cemetery water irrigation project. He talked about separating treated water for other watering means and the cost of running parallel lines to existing water lines in the streets. 07:47:52 PM (01:50:00) Discussion Continued Cr. Krauss asked about drought rates and if this is about saving utility in the drought years. He asked for confirmation that the $.80 increase is to establish a drought reserve to protect the utility. 07:50:08 PM (01:52:16) Public Comment Mayor Andrus opened public comment. 07:50:15 PM (01:52:23) Marsha Kaveny, Public Comment Ms. Kaveny thanked the commission for volunteerism that‘s been advertised. She thinks a lot more should be done toward reducing consumption. 07:53:57 PM (01:56:05) Motion to adopt Resolution 5065, Establishing Rates for Water Service for the City of Bozeman effective on bills due September 15, 2019 and September 15, 2020. Commissioner - Jeff Krauss: Motion Deputy Mayor - Chris Mehl: 2nd 41 Bozeman City Commission Meeting DRAFT MINUTES, August 19, 2019 Page 7 of 13 07:54:17 PM (01:56:25) Discussion Cr. Krauss won’t be supporting his own motion and does not agree with the protection of the utility portion of the rate structure. DM Mehl made several points regarding conservation, drought, and water in general for the area. Cr. Cunningham talked about the scope of the issue and why it’s getting so much attention from the commission toward conservation. He talked about the integrated water resources plan. Cr. Pomeroy talked about Bozeman having the best proactive water conservation programs and stated we need to make more effort to conserve water usage. Mayor Andrus talked about taking measures to conserve water and thinks the tiered system works well. Cr. Krauss talked about advocating for zero growth and the real demand being for new development. Mayor Andrus talked about the difference of philosophy about water. 08:12:25 PM (02:14:33) Vote on the Motion to adopt Resolution 5065, Establishing Rates for Water Service for the City of Bozeman effective on bills due September 15, 2019 and September 15, 2020. The motion passed 4-0. Commissioner - Jeff Krauss: Motion Deputy Mayor - Chris Mehl: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 3. 08:12:49 PM (02:14:57) Resolution 5066, Establishing Rates for Wastewater Service for the City of Bozeman (Donald)  08:13:10 PM (02:15:18) Staff Presentation Finance Director Kristin Donald presented Resolution 5066 and explained the background leading up to inclusion in the final budget. She reviewed the proposed established Wastewater Fund rates. 08:14:20 PM (02:16:28) Questions of Staff. DM Mehl noted this is cost of service for the next year plus emergencies. Cr. Pomeroy referred to a charge for a written shutoff notice. Cr. Krauss asked for clarification that there is no charge for falling behind a month. Mayor Andrus asked about seasonal shut off. Cr. Pomeroy asked for clarification on reinstating water service charge. 08:18:18 PM (02:20:26) Public Comment There was no public comment. 42 Bozeman City Commission Meeting DRAFT MINUTES, August 19, 2019 Page 8 of 13 08:18:29 PM (02:20:37) Motion to adopt Resolution 5066, Establishing Rates for Wastewater Service for the City of Bozeman effective on bills due September 15, 2019 and September 15, 2020. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd 08:18:52 PM (02:21:00) Discussion DM Mehl talked about the studies conducted over a period of time. He talked about the efficiencies of the system and our need to have a reserve. Cr. Cunningham commented we will get the opportunity to look at the results of the Wastewater Fund and whether it has established the desired reserve and accomplished our goals. Cr. Pomeroy agrees this makes sense. Cr. Krauss expressed concern that the collective efforts of the city ending up in the East Gallatin River. He talked about continuing to plan for how a growing Bozeman deals with wastewater. Mayor Andrus talked about the cost analysis and thinks this helps to bring inequities into balance. 08:23:58 PM (02:26:06) Vote on the Motion to adopt Resolution 5066, Establishing Rates for Wastewater Service for the City of Bozeman effective on bills due September 15, 2019 and September 15, 2020. The motion passed 5-0. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 4. 08:24:11 PM (02:26:19) Resolution 5067, Establishing Rates for Stormwater Service for the City of Bozeman (Donald)  08:24:21 PM (02:26:29) Staff Presentation Finance Director Kristin Donald presented Resolution 5067. She explained this was brought to the commission during budget time, and a 4% rate change was recommended by staff. 08:25:17 PM (02:27:25) Questions of Staff Cr. Cunningham mentioned his recollection of the increase in the fund helping to fund an FTE. He asked if stormwater capital projects are taken out of the CIP. He asked about the possibility of the city taking over homeowners associations’ contribution towards the maintenance of detention ponds. 08:27:09 PM (02:29:17) Staff Clarification 43 Bozeman City Commission Meeting DRAFT MINUTES, August 19, 2019 Page 9 of 13 Stormwater Division Coordinator Kyle Mehrens talked about when the storm water utility was brought before the commission about five years ago. He pointed out the maintenance of homeowners associations’ facilities was on the table at the time, and the associated cost was considered. He talked about the growth since then. 08:28:21 PM (02:30:29) Questions of Staff Continued Cr. Pomeroy asked about the significance of the 4% increase. Cr. Krauss asked about a rebate he receives from the flat rate because of a stormwater plan managed by the homeowners association in his neighborhood. CM Mehl asked about the number of inspections that could be done and how increasing the rates would increase those inspections. 08:31:52 PM (02:34:00) Public Comment Mayor Andrus opened public comment. 08:31:59 PM (02:34:07) Marsha Kaveny, Public Comment Ms. Kaveny talked about the stormwater issue in her subdivision regarding saturated sediments and the inability to get a company to remove them because of the disposal problem. 08:35:17 PM (02:37:25) Staff Clarification Mr. Mehrens spoke about the difficulty of the program they’re trying to develop. He spoke about the previous public comment and the unique problem of the neighborhood. 08:36:49 PM (02:38:57) Questions of Staff DM Mehl asked for confirmation that the city did not require that the system be underground in that particular neighborhood. 08:38:18 PM (02:40:26) Motion to adopt Resolution 5067, Establishing Rates for Stormwater Service for the City of Bozeman effective on bills due September 15, 2019. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd 08:38:33 PM (02:40:41) Discussion Cr. Cunningham thanked staff for the presentation. He will vote in favor of the motion. Cr. Pomeroy will support the motion and talked about the lack of rate increase since 2015. Cr. Krauss pointed out there is no impact fee for storm water. He talked about the importance of design and what we accept. DM Mehl talked about increasing the inspection rate. He pointed out this is a learning process and addressed the public comment. He talked about the struggle of paying for operation and maintenance. Mayor Andrus will support this and appreciates the public comment. She thinks the 4% increase makes sense. 44 Bozeman City Commission Meeting DRAFT MINUTES, August 19, 2019 Page 10 of 13 08:46:11 PM (02:48:19) Vote on the Motion to adopt Resolution 5067, Establishing Rates for Stormwater Service for the City of Bozeman effective on bills due September 15, 2019. The motion passed 5-0. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 5. 08:46:25 PM (02:48:33) Presentation of the Results of the Solid Waste Rate Study (Donald)  08:46:47 PM (02:48:55) Presentation Introduction Finance Director Kristin Donald introduced the Solid Waste Cost of Service and Rate Design Study conducted by Burns & McDonnell. She explained that staff will come back with a resolution to implement recommendations the commission makes tonight. Scott Pasternack, with Burns and McDonnell, presented the findings of the study, methodology to complete the project and cost of service study as well as rate recommendations. Mr. Pasternack explained he will pause at key points of the presentation for questions. 08:49:01 PM (02:51:09) Presentation – Methodology Overview and Cost of Service Study Mr. Pasternack presented the methodology overview and cost of service study. 08:56:45 PM (02:58:53) Questions of Presenter Cr. Cunningham asked about using the reserve strictly as a reserve or creating one to save toward something else. He asked about the philosophy behind residential subsidizing commercial revenue. Cr. Pomeroy asked about commercial dumpsters and commercial roll-off. She asked about the general trend over the last ten years. Cr. Krauss asked how we have factored in the competitive nature of solid waste collection. He asked how we built up a large reserve. DM Mehl asked if are we adding customers generally and whether our prices are able to attract residential and commercial customers. Mayor Andrus asked whether communities were benchmarked as they related to population or if they did all their collection. DM Mehl asked about the law relative to subsidizing this utility in terms of competing. 09:28:56 PM (03:31:04) Presentation – Residential Rate Recommendations Mr. Pasternack presented the residential rate recommendations overview. 45 Bozeman City Commission Meeting DRAFT MINUTES, August 19, 2019 Page 11 of 13 09:37:35 PM (03:39:43) Questions of Presenter Cr. Cunningham asked about cost of service for the 35-45 gallon containers. He asked about data for size of households and size of trash and recycling containers. He asked what percentage of our customers have what size containers. Cr. Pomeroy asked what kind of method is in place to generate a positive revenue over the next five years. Cr. Krauss asked about financial goals and staying competitive in each category. 09:52:25 PM (03:54:33) Presentation – Recycling Rate Recommendations Mr. Pasternack reviewed the rates for recycling, temporary dumpster, commercial dumpster, commercial roll-off. He reviewed the five-year reserve forecast based on recommended rates. 09:59:45 PM (04:01:53) Meeting Extended Mayor Andrus extended the meeting to 10:15 PM. 10:02:09 PM (04:04:17) Questions of Presenter Cr. Cunningham asked about the percentage of households that have blue carts versus green carts. Cr. Pomeroy asked about the commercial dumpster collections per week. Mayor Andrus asked about the five year reserve forecast with regard to the number of reserve days. DM Mehl asked about reevaluating rates in the future based on growth rates. 10:13:25 PM (04:15:33) Meeting Extended Mayor Andrus extended the meeting to 10:30 PM. 10:13:57 PM (04:16:05) Discussion Cr. Cunningham stated he agrees with getting closer to cost of service with commercial is fair to residents and aligning our rates is the right direction. He talked about the goal of creating diversion and other ways of doing so. 10:17:37 PM (04:19:45) Public Comment There was no public comment. 10:17:48 PM (04:19:56) Discussion Continued DM Mehl talked about the 35-45 gallon recycling tote flat rate versus the 65 gallon tote increasing rates. He talked about conducting demonstration projects for smaller totes used because of cost advantages. Cr. Krauss does not support bumping rates up for the smallest tote because that’s all people can afford. He talked about the cost of recycling going up. Cr. Pomeroy supports positive net revenue over the next five years for commercial dumpster and roll- off. Mayor Andrus generally supports the recommendations. She would like to look at other ways of incentivizing more recycling. Cr. Krauss talked about some homeowners associations requiring containers be kept inside and how 46 Bozeman City Commission Meeting DRAFT MINUTES, August 19, 2019 Page 12 of 13 much room that requires. Mayor Andrus commented on the possibility of other recycling options that would allow room for inside storage. Consider the motion: No motion is required, advertised as action item so the commission may direct staff as necessary. 6. 10:28:15 PM (04:30:23) Appointment to the Design Review Board (DRB) (Sweeney)  10:28:18 PM (04:30:26) Public Comment There was no public comment. 10:28:32 PM (04:30:40) Motion to appoint Lotus Grenier to the Design Review Board, Architect position, with a term ending June 30, 2021. Deputy Mayor - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 10:28:47 PM (04:30:55) Vote on the Motion to appoint Lotus Grenier to the Design Review Board, Architect position, with a term ending June 30, 2021. The motion passed 5-0. Deputy Mayor - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 7. 10:28:57 PM (04:31:05) Appointment to the Midtown Urban Renewal Board (MURB) (Sweeney)  10:29:02 PM (04:31:10) Public Comment There was no public comment. 10:29:08 PM (04:31:16) Motion to appoint Madeline Roche, non-voting member appointed by City Commission position, to the Midtown Urban Renewal Board with a term ending January 31, 2022. Commissioner - Terry Cunningham: Motion Commissioner - Jeff Krauss: 2nd 47 Bozeman City Commission Meeting DRAFT MINUTES, August 19, 2019 Page 13 of 13 10:29:27 PM (04:31:35) Vote on the Motion to appoint Madeline Roche, non-voting member appointed by City Commission position, to the Midtown Urban Renewal Board with a term ending January 31, 2022. 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 J. 10:29:41 PM (04:31:49) FYI / Discussion • Cr. Krauss talked about a letter the commission received today regarding service contracts and suggested people in older parts of town may be interested. • Mayor Andrus again reminded the commission of the mill levy discussion on September 9th and if there are other amendments, let CM Surratt know so the public can be appropriately notified. The commission further discussed clarifications to the process. K. 10:32:17 PM (04:34:25) Adjournment Mayor Andrus adjourned the meeting at 10:32 PM. 48