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Home My WebLink About08-12-19 City Commission Minutes �N co.,01 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. Page 1 of 8 Bozeman City Commission Meeting Minutes,August 12,2019 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) C� 2. Approve the Depository Bonds and Pledged Securities as of June 30, 2019 (Clark) La 3. Authorize the City Manager to Sign an Agreement with Heart of the Valley, Inc. (HOV) for Animal Shelter Impound and Care Services(Veltkamp) GJ 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) C� 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) w.a 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) P 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) a 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 Page 2 of 8 Bozeman City Commission Meeting Minutes,August 12,2019 H. 06:04:27 PM (00:09:17) Public Comment 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. 1. 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) .-.cp 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. Page 3 of 8 Bozeman City Commission Meeting Minutes,August 12,2019 DM Mehl asked if he's looking for credits or an installment program. 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 ►mpact Fee Payment Agreement with East Main►nvestments, 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 Page 4 of 8 Bozeman City Commission Meeting Minutes,August 12,2019 Commissioner-Terry Cunningham:Absent 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 Mavor-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) g 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 Page 5 of 8 Bozeman City Commission Meeting Minutes,August 12,2019 Negotiated Sale of the Remaining$36,965,000 Million Voter-approved Bozeman Public Safety Center 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) : a 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 Page 6 of 8 Bozeman City Commission Meeting Minutes,August 12,2019 4. 07:14:34 PM(01:19:24)Appointment(s)to the Bozeman Beautification Advisory Board(BBAB) (Sweeney) , a 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. y thia L.Andrus Mayor ATTEST: BO ^,;� ,. ■ ■ .?��,� Robin Crough City Clerk 83 9�l°•• $ .'�`��. Page 7 of 8 9TIN Co �tO Bozeman City Commission Meeting Minutes,August 12,2019 PREPARED BY: Robin Crough City Clerk Approved on: SeaQa6.lc?Ay G Page 8 of 8