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HomeMy WebLinkAbout01-13-20 City Commission Packet Materials - MIN1. December 2019 MinutesCommission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Mike Maas, Interim City Clerk Dennis Taylor, Interim City Manager SUBJECT: Approve the Regular Meeting Minutes from December 2, December 9, and December 16, 2019, Special Meeting Minutes from December 5 and December 11, 2019, Executive Session Minutes from December 5, 2019, and User Access to Linked Minutes MEETING DATE: January 13, 2020 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 December 2, 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 December 9, 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 December 11, 2019 that are linked to the video please click here (minutes are located by clicking on the related documents tab above agenda). To view the video and the minutes of December 16, 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, Special, and Executive Session City Commission Minutes as submitted. SUGGESTED MOTION: I move to approve the combined City Commission minutes from December 2, December 5, December 9, December 11, and December 16, 2019 as submitted, and Executive Session minutes from December 5, 2019 as previously distributed. BACKGROUND: The December 5, 2019 Executive Session minutes were circulated for review by the attending City Commission at a prior City Commission meeting. The public meeting minutes for this meeting does not have a corresponding audio/video recording. 8 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 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 (excluding Executive Session) Report Prepared on January 6, 2020 9 Page 1 of 12 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, December 02, 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: Assistant City Manager (ACM) Anna Rosenberry, City Attorney (CA) Greg Sullivan, City Clerk Robin Crough A. 05:56:54 PM (00:01:47) 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. 05:56:58 PM (00:01:51) Pledge of Allegiance and a Moment of Silence C. 05:57:51 PM (00:02:44) Changes to the Agenda ACM Rosenberry requested to pull Consent Items 3 and 5 for discussion. Mayor Andrus moved them to the action agenda. D. 05:58:16 PM (00:03:09) FYI • Cr. Pomeroy stated she will be gone for the next two Monday meetings, and thanked Cr. Krauss for his 16 years of service. • DM Mehl stated there will be a Community Plan open house, and Planning Board meeting tomorrow, and noted a neighborhood gathering on Thursday. E. 05:59:54 PM (00:04:47) Commission Disclosures There were no commission disclosures. F. 06:00:02 PM (00:04:55) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Adopt the Fire Equipment and Capital Replacement Fund Capital Improvement Plan (CIP) for Fiscal Years 2021-2025 (Donald)  10 Bozeman City Commission Meeting DRAFT MINUTES, December 2, 2019 Page 2 of 12 3. Adopt the Parking Fund Capital Improvement Plan (CIP) for Fiscal Years 2021-2025 (Donald)  MOVED TO ACTION ITEMS 4. Adopt the Public Works Administration Internal Service Fund Capital Improvement Plan (CIP) for Fiscal Years 2021-2025 (Donald)  5. Adopt the Water Fund Capital Improvement Plan (CIP) for Fiscal Years 2021-2025 (Donald)  MOVED TO ACTION ITEMS 6. Authorize the Mayor to Sign the Findings of Fact and Order for the South University District Phase 3 Major Subdivision, Application 19090 (Quasi-Judicial) (Krueger)  7. Authorize the City Manager to Sign a Utility Easement with Bridger Orthopedic for the Laramie Drive Development Project (Application 19392) on Laramie Drive (Lehigh)  8. Ordinance 2035 Final Adoption, Floweree Zone Map Amendment to Designate Approximately 19.8 Acres from BP, Business Park, to B-2, Community Business District, Application 19279 (Saunders)  9. Ordinance 2036 Final Adoption, Billings Clinic Zone Map Amendment for a Portion of an Existing Lot Consisting of Approximately 16.80 Acres / 731,808 Square Feet from R-O, Residential Office, to B-2, Community Commercial, Application 19265 (Rosenberg)  06:00:13 PM (00:05:06) Public Comment There was no public comment. 06:00:31 PM (00:05:24) Motion and Vote to approve Consent Items 1, 2, 4, and 6-9 as submitted. 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 Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve G. 06:00:51 PM (00:05:44) Public Comment Mayor Andrus opened public comment. 06:01:40 PM (00:06:33) Marilee Brown, Public Comment Ms. Brown discussed short-term rentals. 06:04:29 PM (00:09:22) Betty Stroke, Public Comment Ms. Stroke discussed a potential pathway along the Frontage Road. 06:07:12 PM (00:12:05) Paul Nickerson, Public Comment Mr. Nickerson discussed the service level provided by Planning and Building. 11 Bozeman City Commission Meeting DRAFT MINUTES, December 2, 2019 Page 3 of 12 06:08:41 PM (00:13:34) Marjorie Smith, Public Comment Ms. Smith discussed her appreciation of the commission accepting Peets Hill, and other good things the commission has done. 06:11:07 PM (00:16:00) Dick Dolan, Public Comment Mr. Dolan commented on the Trust for Public Land’s support of a Parks and Trails District. H. 06:12:28 PM (00:17:21) Special Presentations 1. 06:12:44 PM (00:17:37) Short Term Rental Update (Winn) Assistant City Manager Chuck Winn provided an update on the City’s short term rental program. He discussed the background, rental statistics then and now, compliance, fees, revenue snapshot, and fire inspections. 06:20:09 PM (00:25:02) Questions of Staff Cr. Pomeroy asked how enforcement works. Cr. Krauss asked how the complaint process works. DM Mehl asked if we’re covering the costing, requirements, and new rentals. Cr. Cunningham asked about STR compliance requirements. Mayor Andrus stated the website may not be as clear as it could be. 2. 06:27:45 PM (00:32:38) Update on Growth Policy Process (Saunders) Community Development Manager Chris Saunders introduced the growth policy planning process and what the plan will do, the content of the plan, and next steps. 06:36:55 PM (00:41:48) Questions of Staff Mayor Andrus clarified that the commission cannot weigh in on the plan at this point. Cr. Krauss asked why the commission isn’t listed as a stakeholder in the process. DM Mehl discussed the opportunities for the commission to guide, and clarified the plan boundaries. Cr. Cunningham asked if the other citizen advisory boards or partners are asked for input. Cr. Krauss asked about the service area boundary, and working with MSU. He asked questions about the plan in great detail. DM Mehl said there may be more frequent updates before the commission. I. 06:57:23 PM (01:02:16) Action Items Consent Item 3. 06:57:30 PM (01:02:23) Adopt the Parking Fund Capital Improvement Plan (CIP) for Fiscal Years 2021-2025 (Donald)  12 Bozeman City Commission Meeting DRAFT MINUTES, December 2, 2019 Page 4 of 12 06:57:46 PM (01:02:39) Questions of Staff Cr. Krauss asked where acquisition of new parking in this document. Economic Development Director Brit Fontenot answered and discussed a parking benefit district. DM Mehl asked about a small amount listed, and asked about future structured parking. 07:04:02 PM (01:08:55) Public Comment There was no public comment. 07:04:16 PM (01:09:09) Motion to adopt the Parking Fund Capital Improvement Plan (CIP) for Fiscal Years 2021-2025. Commissioner - Jeff Krauss: Motion Deputy Mayor - Chris Mehl: 2nd 07:04:34 PM (01:09:27) Discussion Cr. Krauss stated the City will have a role in creating more parking in the future. 07:07:30 PM (01:12:23) Vote on the Motion to adopt the Parking Fund Capital Improvement Plan (CIP) for Fiscal Years 2021-2025. 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 Consent Item 5. 07:07:43 PM (01:12:36) Adopt the Water Fund Capital Improvement Plan (CIP) for Fiscal Years 2021-2025 (Donald)  07:08:03 PM (01:12:56) Questions of Staff Cr. Krauss asked how this CIP encouraged infill. City Engineer Shawn Kohtz answered in detail. 07:15:45 PM (01:20:38) Public Comment There was no public comment. 07:16:02 PM (01:20:55) Motion to adopt the Water Fund Capital Improvement Plan (CIP) for Fiscal Years 2021-2025. 13 Bozeman City Commission Meeting DRAFT MINUTES, December 2, 2019 Page 5 of 12 Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd 07:16:11 PM (01:21:04) Discussion DM Mehl stated this is straight-forward. Cr. Krauss discussed the importance of tying this to street replacement. 07:16:51 PM (01:21:44) Vote on the Motion to adopt the Water Fund Capital Improvement Plan (CIP) for Fiscal Years 2021-2025. 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. 07:17:03 PM (01:21:56) Resolution 5107, Modification of Special Improvement Lighting District (SILD) Number 736 for The Crossing 2 at Baxter Meadows Phases 4F, 4G, and 4H (Donald)  07:17:27 PM (01:22:20) Staff Presentation Finance Director Donald discussed the fixtures to be installed in the modified district, estimated assessments, and no public comment has been received. 07:18:21 PM (01:23:14) Questions of Staff Cr. Cunningham asked about the lighting types and wattage. City Engineer Shawn Kohtz responded. Cr. Krauss asked how we are controlling for light trespass. DM Mehl asked why we keep doing these while we are doing a study, and about light replacement in detail. Cr. Krauss asked if the SILD creation on final plat is a city requirement. 07:30:54 PM (01:35:47) Public Comment There was no public comment. 07:31:05 PM (01:35:58) Motion to adopt Resolution 5107, Modification of Special Improvement Lighting District Number 736 for The Crossing 2 at Baxter Meadows Phases 4F, 4G, and 4H. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd 14 Bozeman City Commission Meeting DRAFT MINUTES, December 2, 2019 Page 6 of 12 07:31:24 PM (01:36:17) Discussion Cr. Cunningham will vote in favor. Cr. Pomeroy supports the motion since it’s a requirement. Cr. Krauss will not support until we figure out how to do lighting as a city. DM Mehl discussed the study and simultaneously approving SILDs. 07:38:10 PM (01:43:03) Vote on the Motion to adopt Resolution 5107, Modification of Special Improvement Lighting District Number 736 for The Crossing 2 at Baxter Meadows Phases 4F, 4G, and 4H. The motion passed 4-1. Commissioner - Terry Cunningham: 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 07:38:23 PM (01:43:16) Recess Mayor Andrus called the commission into recess until 7:50 PM. 07:47:01 PM (01:51:54) Call to Order Mayor Andrus called the meeting back to order at 7:50 PM. 2. 07:47:07 PM (01:52:00) Wastewater Fund Capital Improvement Plan (CIP) for Fiscal Years 2021-2025 (Donald)  and 3. Wastewater Impact Fee Fund Capital Improvement Plan (CIP) for Fiscal Years 2021-2025 (Donald)  07:49:04 PM (01:53:57) Staff Presentation Finance Director Donald discussed the Wastewater Fund revenue, projects, and highlights. She discussed the Wastewater Impact Fee fund, revenue, projects, debt, and City Engineer Kohtz discussed the highlights and requests. Director Donald discussed some concerns of the Impact Fee Committee (IFAC). 07:59:24 PM (02:04:17) Questions of Staff Cr. Pomeroy asked about the area/location of a pipe replacement project, how is this funded, and is there any other way to fund this. She asked about Building Inspection hours. She asked about the plan for unscheduled items. 15 Bozeman City Commission Meeting DRAFT MINUTES, December 2, 2019 Page 7 of 12 Cr. Krauss asked about level of service mapping. DM Mehl asked about disseminating and displaying information and future improvements. Cr. Cunningham asked about Riverside, and other projects in detail. Mayor Andrus asked about working with the County on wastewater and the prioritizing of certain projects. Cr. Krauss asked about additional development in North 7th and the TIF’s contributions. 08:36:13 PM (02:41:06) Public Comment on Wastewater Fund CIP Mayor Andrus opened public comment. 08:36:27 PM (02:41:20) Marilee Brown, Public Comment Ms. Brown discussed funding safe pathways on the WRF property. 08:39:08 PM (02:44:01) Motion to adopt the Wastewater Fund Capital Improvement Plan for Fiscal Years 2021-2025. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd 08:39:23 PM (02:44:16) Discussion Cr. Pomeroy discussed the services the City needs to provide. Cr. Krauss supports the motion and discussed infill works projects. DM Mehl discussed his support. Cr. Cunningham discussed future shock in this fund and plan. Mayor Andrus appreciated the presentation and discussed working with partners. 08:49:00 PM (02:53:53) Vote on the Motion to adopt the Wastewater Fund Capital Improvement Plan for Fiscal Years 2021-2025. 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 Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve 08:49:08 PM (02:54:01) Public Comment on Wastewater Impact Fee Fund CIP There was no public comment. 08:49:28 PM (02:54:21) Motion to adopt the Wastewater Impact Fee Fund Capital Improvement Plan for Fiscal Years 2021-2025. 16 Bozeman City Commission Meeting DRAFT MINUTES, December 2, 2019 Page 8 of 12 Commissioner - Jeff Krauss: Motion Deputy Mayor - Chris Mehl: 2nd 08:49:39 PM (02:54:32) Discussion Cr. Krauss discussed past rate increases and history. DM Mehl discussed that this was an appropriate prioritization. Cr. Cunningham stated support. Cr. Pomeroy discussed the need portrayed in this CIP. Mayor Andrus reiterated her desire to work with the County. 08:54:00 PM (02:58:53) Vote on the Motion to adopt the Wastewater Impact Fee Fund Capital Improvement Plan for Fiscal Years 2021-2025. 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 4. 08:54:12 PM (02:59:05) Water Impact Fee Fund Capital Improvement Plan (CIP) for Fiscal Years 2021-2025 (Donald)  08:54:27 PM (02:59:20) Staff Presentation Finance Director Donald discussed the major project highlights underway, estimated debt schedule, future highlights, and IFAC recommendation. 09:02:20 PM (03:07:13) Questions of Staff DM Mehl asked if there is documentation regarding the Nelson Meadows request and public outreach. Cr. Cunningham asked about projects and water rights. Cr. Pomeroy asked about Bozeman’s water system. 09:11:18 PM (03:16:11) Public Comment There was no public comment. 09:11:30 PM (03:16:23) Motion to adopt the Water Impact Fee Fund Capital Improvement Plan for Fiscal Years 2021-2025. Deputy Mayor - Chris Mehl: Motion 17 Bozeman City Commission Meeting DRAFT MINUTES, December 2, 2019 Page 9 of 12 Commissioner - Terry Cunningham: 2nd 09:11:41 PM (03:16:34) Discussion DM Mehl discussed his support of the plan. Cr. Cunningham also supports the plan. Cr. Pomeroy discussed continuing the level of service for water. Mayor Andrus supports the plan. 09:14:18 PM (03:19:11) Vote on the Motion to adopt the Water Impact Fee Fund Capital Improvement Plan for Fiscal Years 2021-2025. The motion passed 4-1. Deputy Mayor - Chris Mehl: 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 5. 09:14:31 PM (03:19:24) Library Depreciation Fund Capital Improvement Plan (CIP) for Fiscal Years 2021-2025 and Fiscal Year 2020 Project Changes as Presented (Donald)  09:15:17 PM (03:20:10) Staff Presentation Finance Director Donald presented the financial plan and projects. 09:19:06 PM (03:23:59) Questions of Staff Cr. Cunningham asked about the parking lot repairs. Cr. Pomeroy asked about library customer numbers. DM Mehl asked if parking will be done in one phase. Mayor Andrus asked about the price increase with the conveyer belt. 09:25:35 PM (03:30:28) Public Comment There was no public comment. 09:25:43 PM (03:30:36) Motion to adopt the Library Depreciation Fund Capital Improvement Plan for Fiscal Years 2021-2025 and Fiscal Year 2020 project changes as presented. Commissioner - Terry Cunningham: Motion Commissioner - I-Ho Pomeroy: 2nd 09:25:57 PM (03:30:50) Discussion 18 Bozeman City Commission Meeting DRAFT MINUTES, December 2, 2019 Page 10 of 12 Cr. Cunningham discussed the needs of this CIP. Cr. Pomeroy discussed her support of the motion. DM Mehl discussed investing in meaningful projects. Mayor Andrus discussed her support. 09:27:47 PM (03:32:40) Vote on the Motion to adopt the Library Depreciation Fund Capital Improvement Plan for Fiscal Years 2021-2025 and Fiscal Year 2020 project changes as presented. 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 6. 09:28:00 PM (03:32:53) Resolution 5053, Submitting the Question of Creation of a City-wide Parks and Trails Special District to the Voters on May 5, 2020 (Sullivan)  09:28:24 PM (03:33:17) Staff Presentation City Attorney Sullivan discussed the content of the resolution, the procedural background, assessment methodology, options for date of election, next steps, and amended ballot language. 09:38:08 PM (03:43:01) Questions of Staff DM Mehl asked for clarification on the election dates. Cr. Cunningham asked about the costs of both options, and timing an education campaign. Mayor Andrus asked if the City gets to decide when to hold a special election. Cr. Krauss asked how the electors get notified of an election, and about ownership details. 09:48:52 PM (03:53:45) Public Comment There was no public comment. 09:49:11 PM (03:54:04) Motion to adopt Resolution 5053 submitting to the voters on May 5, 2020, a referendum on creation of the Parks and Trails Special District and amend Section 9 as provided for in the City Attorney’s Memorandum dated December 2, 2019. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd 09:49:44 PM (03:54:37) Discussion 19 Bozeman City Commission Meeting DRAFT MINUTES, December 2, 2019 Page 11 of 12 Cr. Pomeroy supports the motion. Cr. Krauss does not support the motion. DM Mehl discussed a potential amendment. 09:52:30 PM (03:57:23) Amendment to the Motion to amend the parenthetical language to read “By voting yes, you support creating a Parks and Trails Special District to maintain and improve city- owned or managed parks, open space, and trails; authorizing an annual City assessment for items such as personnel, supplies, equipment, park-related facilities, and related matters under the responsibility and care of the City of Bozeman Parks and Recreation Department. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd 09:53:03 PM (03:57:56) Discussion DM Mehl discussed the necessity of adding clarity. Cr. Cunningham deferred to the City Attorney if this is appropriate. 09:56:38 PM (04:01:31) Meeting Extended Mayor Andrus extended the meeting to 10:15 PM. 09:58:24 PM (04:03:17) Discussion Continued Cr. Krauss discussed missing pieces of the amendment. DM Mehl discussed that this came from public feedback. He discussed further wordsmithing of the amendment. Cr. Cunningham discussed the importance of brevity, and asked CA Sullivan’s opinion. Mayor Andrus will not support it since the City hasn’t had opportunity to vet the new language. Cr. Pomeroy will not support the motion. DM Mehl stated this was as much as he could do in a timely manner. Cr. Krauss stated this buries the lead, and does not support the amendment. 10:11:52 PM (04:16:45) Meeting Extended Mayor Andrus extended the meeting to 10:30 PM. 10:12:01 PM (04:16:54) Discussion Continued Cr. Cunningham asked if this could be adopted pending legal review. DM Mehl discussed the amendment. 10:15:05 PM (04:19:58) Vote on the Amendment to the Motion to amend the parenthetical language to read “By voting yes, you support creating a Parks and Trails Special District to maintain and improve city-owned or managed parks, open space, and trails; authorizing an annual City assessment for items such as personnel, supplies, equipment, park-related facilities, and related matters under the responsibility and care of the City of Bozeman Parks and Recreation Department. The amendment 20 Bozeman City Commission Meeting DRAFT MINUTES, December 2, 2019 Page 12 of 12 failed 2-3. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Disapprove Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Disapprove Commissioner - Terry Cunningham: Approve 10:15:22 PM (04:20:15) Discussion on the Main Motion Continued DM Mehl does not think this language will pass. Cr. Cunningham doesn’t think the current language is a detriment to success. Mayor Andrus supports the motion and the language is clear. 10:17:51 PM (04:22:44) Vote on the Motion to adopt Resolution 5053 submitting to the voters on May 5, 2020, a referendum on creation of the Parks and Trails Special District and amend Section 9 as provided for in the City Attorney’s Memorandum dated December 2, 2019. The motion passed 3-2. Commissioner - I-Ho Pomeroy: Motion Commissioner - Jeff Krauss: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Disapprove Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Approve Commissioner - Terry Cunningham: Approve J. 10:18:07 PM (04:23:00) FYI / Discussion • Cr. Krauss asked if there is a street light going in at Nelson and Frontage. Cr. Cunningham asked further about the Nelson Meadows project. K. 10:19:56 PM (04:24:49) Adjournment Mayor Andrus adjourned the meeting at 10:23 PM. 21 Page 1 of 2 THE CITY COMMISSION SPECIAL MEETING OF BOZEMAN, MONTANA MINUTES Thursday, December 05, 2019 Present: Mayor Cyndy Andrus Deputy Mayor Chris Mehl Commissioner Jeff Krauss Commissioner Terry Cunningham Commissioner I-Ho Pomeroy Staff Present: City Manager (CM) Andrea Surratt, City Clerk Robin Crough THERE IS NO AUDIO OR VIDEO RECORDING PUBLICALLY AVAILABLE FOR THIS MEETING. A. 12:01 PM - Call to Order – 12:00 PM - Commission Room, City Hall, 121 North Rouse Mayor Andrus called the meeting to order at 12:01 PM. B. 12:01 PM - Pledge of Allegiance and a Moment of Silence C. 12:02 PM - Changes to the Agenda There were no changes to the agenda. D. 12:02 PM – FYI There was no Commission FYI. E. 12:02 PM - Public Comment There was no public comment. F. 12:02 PM - Executive Session 1. City Manager Annual Performance Evaluation Mayor Andrus stated this is the City Manager’s performance evaluation, and pursuant to Sect. 2-3-203(3), MCA, the mayor may close the meeting during the time discussion relates to a matter of individual privacy if the demands of individual privacy clearly exceed the merits of public disclosure. CM Surratt asserted her privacy interests in detail. Mayor Andrus closed the meeting. 22 Bozeman City Commission Special Meeting DRAFT MINUTES, December 5, 2019 Page 2 of 2 A separate set of minutes has been prepared for the Executive Session. 2:21 PM - Call Back to Order Mayor Andrus called the public meeting back to order at 2:21 PM. G. 2:21 PM - FYI / Discussion • Mayor Andrus is going to call a special meeting for the future of communication with the new City Manager, and encouraged Wednesday, December 11th at noon. DM Mehl stated Dennis Taylor and Michael Wallner should attend. The Commission discussed what the agenda would look like. The meeting was confirmed. H. 2:29 PM - Adjournment Mayor Andrus adjourned the meeting at 2:29 PM. 23 Page 1 of 13 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, December 09, 2019 THE ORDER OF THE ACTION ITEMS CHANGED AS ORIGINALLY NOTICED. Mayor - Cynthia Andrus: Present Deputy Mayor - Chris Mehl: Present Commissioner - Jeff Krauss: Present Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Present Staff Present at the Dais: City Manager (CM) Andrea Surratt, City Attorney (CA) Greg Sullivan, Deputy City Clerk Brenda Sweeney A. 05:59:55 PM (00:01:40) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse Mayor Andrus called the meeting to order at 6:00 PM. B. 06:00:08 PM (00:01:53) Pledge of Allegiance and a Moment of Silence C. 06:00:54 PM (00:02:39) Changes to the Agenda CM Surratt requested Action Items 8 and 9 to be moved prior to Action Item 5. D. 06:01:19 PM (00:03:04) Authorize Absence - Commissioner I-Ho Pomeroy 06:01:23 PM (00:03:08) Motion and Vote to authorize the absence of Commissioner I-Ho Pomeroy. 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: Absent Commissioner - Terry Cunningham: Approve 24 Bozeman City Commission Meeting DRAFT MINUTES, December 9, 2019 Page 2 of 13 E. 06:01:37 PM (00:03:22) FYI • DM Mehl announced there will be a Planning Coordination Committee (PCC) meeting tomorrow to go over public comments, a Zoning Commission meeting tomorrow evening, and a special commission meeting on Wednesday. F. 06:02:12 PM (00:03:57) Commission Disclosures There were no commission disclosures. G. 06:02:17 PM (00:04:02) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Adopt the Tree Maintenance Fund Capital Improvement Plan (CIP) for Fiscal Years 2021-2025 (Donald)  3. Approve an On-Premises Beer and Wine License for Finks Delicatessen LLC of Bozeman, Montana to Sell Beer and Wine at 600 North Wallace Street, Suite 4, for Calendar Year 2019 (Portnell)  4. Authorize the Mayor, and Designated Staff, to Sign the Big Sky Trust Fund (BSTF) Program Contract Amendment (#MT-BSTF-1-18-16B), Amendments to the Business Assistance Agreement (#MT-BSTF-1-18-16), and Exhibit A (Management Plan Amendment) with the Montana Department of Commerce for a One-Year Contract Extension for Zinovo (Fontenot)  5. Authorize the City Manager to Sign a Memorandum of Agreement, Public Use Easement, Right-of-Way Waiver Valuation, Buyer's Instructions, Disclosure Statement, and Closing Statements with Witt Family Investments, LTD for Improvements to West Babcock Street Between 15th and 19th Avenues (CIP Project #SIF118) (Kohtz)  6. Authorize the City Manager to Sign a Memorandum of Agreement, Public Use Easement, Right-of-Way Waiver Valuation, Buyer's Instructions, Disclosure Statement, and Closing Statements with Udo Chapman, Damaris Chapman, and Erika Chapman for improvements to West Babcock Street between 15th and 19th Avenues (CIP Project #SIF118) (Kohtz)  7. Authorize the City Manager to Sign the First Amendment to the Professional Services Agreement with Burn and McDonnel for the Solid Waste Rate Study (Donald)  8. Authorize the City Manager to Sign a Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. (AE2S) for OPTX Website Hosting and Support Services for the Bozeman Drought Monitoring Tool (Ahlstrom)  06:02:21 PM (00:04:06) City Manager Overview CM Surratt noted the highlights of the consent agenda. 06:03:00 PM (00:04:45) Public Comment There was no public comment. 25 Bozeman City Commission Meeting DRAFT MINUTES, December 9, 2019 Page 3 of 13 06:03:10 PM (00:04:55) Motion and Vote to approve Consent Items 1-8 as submitted. 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: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve H. 06:03:25 PM (00:05:10) Public Comment Mayor Andrus opened public comment. 06:03:58 PM (00:05:43) Marilee Brown, Public Comment Ms. Brown is representing the PTS and GAP tonight and talked about Capital Improvement Plan (CIP) funding for pathways. I. 06:05:34 PM (00:07:19) Special Presentation 1. 06:05:36 PM (00:07:21) Planning Coordination Committee (PCC) Update (Jennifer Boyer, PCC Facilitator)  06:05:48 PM (00:07:33) Presentation Jennifer Boyer, facilitator for the Planning Coordination Committee (PCC), presented a brief overview of the PCC and the Triangle Community Plan. She updated the commission on the progress of the PCC and future growth of the Triangle Community. 06:17:01 PM (00:18:46) Questions of Presenter Cr. Cunningham asked in what forum the commission will be presented the specific details of the plan. Cr. Krauss asked if the planning area stops south of Frontage Road. He asked about areas set aside for agriculture only. He asked about PCC coordination with the Transportation Coordinating Committee (TCC). He asked about the plan to close the loop with the north/south route. He asked if the plan calls for an extra territorial bus district. He asked about the obligations of Belgrade, the county and the city. DM Mehl talked about the draft Triangle Plan regarding the area. Mayor Andrus asked about the adoption process of the final draft and plan. Cr. Cunningham commented about the confusion of when the commission is asked for input and when they are allowed to make comment toward influence. Cr. Krauss commented about input as individuals and as a body of elected officials. Mayor Andrus asked about an opportunity to have a work session in the near future before final review. DM Mehl explained the intent was to have a draft go to the three bodies for discussion. Cr. Krauss stated the importance to note the growth that’s occurring because of the new high school 26 Bozeman City Commission Meeting DRAFT MINUTES, December 9, 2019 Page 4 of 13 and road improvements relative to the routes taken to the airport. J. 06:51:06 PM (00:52:51) Action Items 1. 06:51:08 PM (00:52:53) Decision on City Manager Surratt’s Request to Terminate Employment Agreement on Thursday, December 12, 2019, and Authorize the Mayor to Sign an Interim Employment Agreement with Dennis Taylor to Serve as Interim City Manager Effective Thursday, December 12, 2019 (Stambaugh)  06:51:28 PM (00:53:13) Staff Presentation Assistant City Attorney (ACA) Karen Stambaugh explained CM Surratt’s request to terminate her employment agreement prior to the 90-notice stated in her contract agreement. She talked about discussions with Dennis Taylor relative to serving as the interim city manager. 06:53:08 PM (00:54:53) Questions of Staff Cr. Cunningham asked if it’s the intention that Mr. Taylor would serve full-time in this capacity. He asked about the logistics of location and commuting for Mr. Taylor given his residence. Cr. Krauss supports both actions and asked about the process. DM Mehl asked about the significance of the bullet points. 06:55:51 PM (00:57:36) Public Comment There was no public comment. 06:56:01 PM (00:57:46) Motion to authorize termination of City Manager Surratt’s employment agreement prior to the expiration of the required 90-day notice period with City Manager Surratt’s last day to be Thursday, December 12, 2019, and authorize the Mayor to sign an Interim Employment Agreement with Dennis Taylor to Serve as Interim City Manager beginning Thursday, December 12, 2019 conditioned upon successful completion of a background check. Commissioner - Terry Cunningham: Motion Commissioner - Jeff Krauss: 2nd 06:56:34 PM (00:58:19) Discussion Cr. Cunningham expressed deep regret toward resignation of CM Surrat. He addressed Mr. Taylor’s service in the past and the need to continue supporting the work of the staff. Cr. Krauss will support the motion and talked about Mr. Taylor’s past experience to qualify him. He addressed the decision to not have one of the assistant city managers step up. DM Mehl will support the motion and thanked CM Surratt for her service in Bozeman. He talked about Mr. Taylor’s background. Mayor Andrus expressed her regret and talked about Mr. Taylor’s ability to step in while the search progresses. She talked about the process of looking for a firm to conduct a search. 27 Bozeman City Commission Meeting DRAFT MINUTES, December 9, 2019 Page 5 of 13 07:04:17 PM (01:06:02) Vote on the Motion to authorize termination of City Manager Surratt’s employment agreement prior to the expiration of the required 90-day notice period with City Manager Surratt’s last day to be Thursday, December 12, 2019, and authorize the Mayor to sign an Interim Employment Agreement with Dennis Taylor to Serve as Interim City Manager beginning Thursday, December 12, 2019 conditioned upon successful completion of a background check. The motion passed 4-0. 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: Absent Commissioner - Terry Cunningham: Approve 2. 07:04:27 PM (01:06:12) Overview of the 2017 City Manager Recruitment and Selection Process and Mayor’s Recommendations on 2020 Process (Sullivan)  07:04:47 PM (01:06:32) Staff Presentation CA Sullivan talked about the early stages of expediting a recruitment process. He talked about recruitment practices in the past. 07:08:16 PM (01:10:01) Questions of Staff DM Mehl stated his understanding of the process and asked for confirmation. Cr. Krauss commented on the time line of specific agenda items for the process. DM Mehl agreed we should go fast as appropriate and slow as appropriate. Cr. Cunningham commented about the mayor stepping in and suggesting a process to the commission. He talked about not wanting to cut short the affordable housing discussion on January 13. Mayor Andrus talked about the reasons she felt we could expedite this process. Consider the motion: No motion is required. 3. 07:15:26 PM (01:17:11) Confirm Class Specification for City Manager Position (Stambaugh)  K. 07:15:31 PM (01:17:16) Staff Presentation ACA Stambaugh presented the process for class specification, which the commission reviewed and amended in 2017, and which is the current class specification for CM Surratt. 07:16:10 PM (01:17:55) Questions of Staff DM Mehl asked about the process of approving the class specification. 28 Bozeman City Commission Meeting DRAFT MINUTES, December 9, 2019 Page 6 of 13 Cr. Cunningham asked about the source of the class specification. 07:18:48 PM (01:20:33) Public Comment There was no public comment. 07:18:58 PM (01:20:43) Motion to confirm the class specification for the city manager position. Commissioner - Jeff Krauss: Motion Deputy Mayor - Chris Mehl: 2nd 07:19:09 PM (01:20:54) Discussion Cr. Krauss thinks it’s fairly comprehensive and thinks there is enough range for people to apply. DM Mehl will vote for the motion and agrees with the specification. Cr. Cunningham agrees it is sufficient for our purposes. Mayor Andrus agrees this meets the requirements for a city manager. 07:21:22 PM (01:23:07) Vote on the Motion to confirm the class specification for the city manager position. 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: Absent Commissioner - Terry Cunningham: Approve 4. 07:21:33 PM (01:23:18) Delegate to the Interim City Manager Selection of an Executive Recruitment Firm for the City Manager Recruitment (Sullivan)  07:21:37 PM (01:23:22) Staff Presentation CA Sullivan explained the final step of having the interim city manager select a recruitment firm, and working with the City Attorney’s office on a contract. 07:22:59 PM (01:24:44) Questions of Staff Cr. Cunningham asked about a proven track record in the organization of recruitment experience. Cr. Krauss noted the executive search firms seem interested in working for us. 07:24:53 PM (01:26:38) Public Comment There was no public comment. 29 Bozeman City Commission Meeting DRAFT MINUTES, December 9, 2019 Page 7 of 13 07:25:01 PM (01:26:46) Motion to delegate to the interim city manager the authority to solicit proposals from executive recruitment firms, interview those who submit proposals, select a firm, and negotiate and enter into a professional services agreement with the selected firm. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd 07:25:25 PM (01:27:10) Discussion DM Mehl is convinced the incoming interim city manager has some experience in the selection process. Cr. Cunningham stated the selection of the recruitment firm is a really important step and it looks like we have an interim city manager with experience and is confident this is a positive move. Cr. Krauss talked about the use of the process of executive recruitment firms. Mayor Andrus is confident Mr. Taylor is able to do this job very well. 07:27:20 PM (01:29:05) Vote on the Motion to delegate to the interim city manager the authority to solicit proposals from executive recruitment firms, interview those who submit proposals, select a firm, and negotiate and enter into a professional services agreement with the selected firm. 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: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve AND 07:27:28 PM (01:29:13) Motion to request the interim city manager work with the selected firm to attend a meeting of the Commission on January 13, 2020 (or as soon as possible) to discuss the Commission’s desired attributes and characteristics of city manager, provide the Commission a city manager position profile, and discuss the recruitment timeline. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd 07:27:49 PM (01:29:34) Discussion DM Mehl stated this is a serious decision and contingent on Mr. Taylor being satisfied with the recruitment firm. Cr. Cunningham stated getting background job descriptions into the commission’s hands will be beneficial. 30 Bozeman City Commission Meeting DRAFT MINUTES, December 9, 2019 Page 8 of 13 Cr. Krauss stated desired attributes and characteristics are a big piece of, which is a start. Mayor Andrus thinks that expediting this process is something we should continue to do. 07:31:11 PM (01:32:56) Vote on the Motion to request the interim city manager work with the selected firm to attend a meeting of the Commission on January 13, 2020 (or as soon as possible) to discuss the Commission’s desired attributes and characteristics of city manager, provide the Commission a city manager position profile, and discuss the recruitment timeline. 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: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve 07:31:22 PM (01:33:07) Recess Mayor Andrus called the meeting into recess until 7:40 PM. 07:40:09 PM (01:41:54) Call to Order Mayor Andrus called the meeting to order at 7:40 PM. 5. 8. 07:40:22 PM (01:42:07) Appointment(s) to the Bozeman Parking Commission (Sweeney)  07:40:28 PM (01:42:13) Public Comment There was no public comment. 07:40:42 PM (01:42:27) Motion to appoint Kelly Pohl to a term ending June 30, 2023, and Randy Carpenter to a term ending June 30, 2022 to the Bozeman Parking Commission. Deputy Mayor - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 07:41:31 PM (01:43:16) Vote on the Motion to appoint Kelly Pohl to a term ending June 30, 2023, and Randy Carpenter to a term ending June 30, 2022 to the Bozeman Parking Commission. The motion passed 4-0. Deputy Mayor - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd Mayor - Cynthia Andrus: Approve 31 Bozeman City Commission Meeting DRAFT MINUTES, December 9, 2019 Page 9 of 13 Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve 6. 9. 07:41:44 PM (01:43:29) Appointment to the Community Affordable Housing Advisory Board (CAHAB) (Sweeney)  07:41:47 PM (01:43:32) Public Comment There was no public comment. 07:41:56 PM (01:43:41) Motion to appoint Kyla Tingden to the Low or Moderate Income Person Position on the Community Affordable Housing Advisory Board (CAHAB) with a term ending June 30, 2020. Commissioner - Terry Cunningham: Motion Deputy Mayor - Chris Mehl: 2nd 07:42:17 PM (01:44:02) Vote on the Motion to appoint Kyla Tingden to the Low or Moderate Income Person Position on the Community Affordable Housing Advisory Board (CAHAB) with a term ending June 30, 2020. The motion passed 4-0. Commissioner - Terry Cunningham: Motion Deputy Mayor - Chris Mehl: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve 5. 07:42:28 PM (01:44:13) Resolution 5119, Amending the Fee Schedule for the Review of Zoning, Subdivision, Annexation, Growth Policy Proposals and Other Planning Related Review Processes (Saunders)  07:42:47 PM (01:44:32) Staff Presentation Community Development Manager Chris Saunders presented the resolution and explained the process of updating the fees. 07:44:07 PM (01:45:52) Questions of Staff Cr. Cunningham asked if Exhibit A reflects the new fees after the 3.1% inflation adjustment has been applied. 32 Bozeman City Commission Meeting DRAFT MINUTES, December 9, 2019 Page 10 of 13 07:44:39 PM (01:46:24) Public Comment There was no public comment. 07:44:50 PM (01:46:35) Motion to adopt Resolution 5119 amending the fee schedule for the review of impact fee deferral, zoning, subdivision, annexation, growth policy proposals and other planning related review processes with an effective date of January 1, 2020. Commissioner - Terry Cunningham: Motion Commissioner - Jeff Krauss: 2nd 07:45:11 PM (01:46:56) Discussion Cr. Cunningham will vote in support of applying this annual inflation adjustment and thinks it’s reasonable. DM Mehl looks forward to the study and stated our goal is to be self-sufficient. 07:45:58 PM (01:47:43) Vote on the Motion to adopt Resolution 5119 amending the fee schedule for the review of impact fee deferral, zoning, subdivision, annexation, growth policy proposals and other planning related review processes with an effective date of January 1, 2020. The motion passed 3-1. Commissioner - Terry Cunningham: Motion Commissioner - Jeff Krauss: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve 6. 07:46:13 PM (01:47:58) General Fund Capital Improvement Plan (CIP) for Fiscal Years 2021- 2025 (Donald)  07:46:34 PM (01:48:19) Staff Presentation ACM Rosenberry opened the presentation and explained a number of staff are present to answer questions. She presented the background of the CIP and outlined current CIP scenarios. Finance Director Kristin Donald presented the details of Plans A, B and C. 07:57:22 PM (01:59:07) Questions of Staff Cr. Krauss asked if the $4.5M in Plan A for fire is in addition to what is set aside in the fire equipment levy. DM Mehl asked about the slight difference in the aquatics bond in Plan B. He asked about estimated growth in general fund revenues. 33 Bozeman City Commission Meeting DRAFT MINUTES, December 9, 2019 Page 11 of 13 Mayor Andrus suggested it would be easier to talk about all the plans and answer questions following. 08:01:07 PM (02:02:52) Staff Presentation Continued Ms. Donald continued review Plan B. 08:04:10 PM (02:05:55) Questions of Staff DM Mehl asked about the confidence level that toward creating office space in City Hall in the storage system. He asked about the long range remodeling. He asked about unscheduled police vehicles. He asked about unscheduled projects for facilities. Cr. Cunningham asked how we factor fuel efficiency and long range maintenance costs of our fleet into these decisions. He asked about the $40,000/year project for broad band. He asked about the Veterans Cemetery. Mayor Andrus asked about the replacement of a Stiff Building elevator. 08:19:49 PM (02:21:34) Public Comment There was no public comment. 08:20:01 PM (02:21:46) Motion to adopt the General Fund Capital Improvement Plan (CIP) for Fiscal Years 2021-2025 as presented under Plan A. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd 08:20:29 PM (02:22:14) Discussion DM Mehl talked about the dilemma of the General Fund because of state restrictions. He thinks Plan A is the best of what we have and will be supporting it. Cr. Cunningham talked about Plan C being out of balance and out of budget and would require new funding sources. He agrees this is what we adopted last year and what was expected this year. Cr. Krauss will be voting no. He does not support the removing parks maintenance from the general fund nor endorses the leaving of spending authority in the general fund. Mayor Andrus stated it is the recommendation of the city manager and staff and believes this addresses our needs into the future. 08:29:22 PM (02:31:07) Vote on the Motion to adopt the General Fund Capital Improvement Plan (CIP) for Fiscal Years 2021-2025 as presented under Plan A. The motion passed 3-1. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Absent 34 Bozeman City Commission Meeting DRAFT MINUTES, December 9, 2019 Page 12 of 13 Commissioner - Terry Cunningham: Approve 7. 08:29:33 PM (02:31:18) Parks and Trails District Fund Capital Improvement Plan (CIP) for Fiscal Years 2021-2025 (Donald)  08:29:45 PM (02:31:30) Staff Presentation Finance Director Kristin Donald presented the financial summary for the plan and outlined the Parks and Trails Fund projects. She talked about the highlights of the plan. 08:32:08 PM (02:33:53) Questions of Staff DM Mehl talked about the rate of growth. He asked about assessing all the capital and how it helps dial in this proposed plan. He asked about splash pads planned in other parks besides Story Mill. Cr. Cunningham asked about funding for FY25, and if the narrative should be changed. He asked about a back log in deferred maintenance. He asked about HOA playgrounds. Cr. Krauss asked how we prioritize park facilities and investment in our lowest income census tracts. Mayor Andrus asked about replacement of playground equipment relative to the aging population. DM Mehl asked about the plan in terms of accessibility for citizens. He asked if there are HOAs that have stopped maintaining their parks. 08:54:31 PM (02:56:16) Public Comment There was no public comment. 08:54:41 PM (02:56:26) Motion to adopt the Parks and Trails District Fund Capital Improvement Plan (CIP) for Fiscal Years 2021-2025. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd 08:54:55 PM (02:56:40) Discussion DM Mehl will be supporting the motion. He talked about the challenges we face. Cr. Cunningham talked about the level of details. He recognized this is a work in progress and will continue to be a fluid process. Cr. Krauss commented we have not identified any projects in low income areas. He talked about taking pride in our parks. Mayor Andrus stated we look at where our parks need maintenance and have not used a census tract. She thinks we are making good decisions. 09:01:27 PM (03:03:12) Vote on the Motion to adopt the Parks and Trails District Fund Capital Improvement Plan (CIP) for Fiscal Years 2021-2025. The motion passed 3-1. 35 Bozeman City Commission Meeting DRAFT MINUTES, December 9, 2019 Page 13 of 13 Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve L. 09:01:37 PM (03:03:22) FYI / Discussion • Cr. Krauss asked how we are ensuring the brand new Rouse sidewalks are getting plowed. • CM Surratt thanked each of the commission members and talked about the reasons she came to Bozeman. M. 09:05:15 PM (03:07:00) Adjournment Mayor Andrus adjourned the meeting at 9:05 PM. 36 Page 1 of 7 THE CITY COMMISSION SPECIAL MEETING OF BOZEMAN, MONTANA MINUTES Wednesday, December 11, 2019 Mayor - Cynthia Andrus: Present Deputy Mayor - Chris Mehl: Present Commissioner - Jeff Krauss: Present Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Present Staff Present at the Dais: City Manager (CM) Andrea Surratt, City Attorney (CA) Greg Sullivan, City Clerk Robin Crough A. 12:00:01 PM (00:04:02) Call to Order – 12:00 PM - Commission Room, City Hall, 121 North Rouse Mayor Andrus called the meeting to order at 12:00 PM. B. 12:00:15 PM (00:04:16) Pledge of Allegiance and a Moment of Silence C. 12:01:04 PM (00:05:05) Changes to the Agenda There were no changes to the agenda. D. 12:01:12 PM (00:05:13) Authorize Absence – Commissioner I-Ho Pomeroy 12:01:17 PM (00:05:18) Motion and Vote to authorize the absence of Commissioner Pomeroy. The motion passed 4-0. Commissioner - Jeff Krauss: Motion Commissioner - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve E. 12:01:31 PM (00:05:32) FYI F. 12:01:41 PM (00:05:42) Public Comment 37 Bozeman City Commission Special Meeting DRAFT MINUTES, December 11, 2019 Page 2 of 7 Mayor Andrus opened public comment. 12:02:11 PM (00:06:12) Ron Brey, Public Comment Mr. Brey, former Assistant City Manager, commended the commission for taking this on. He provided some feedback from a staff position. G. 12:05:38 PM (00:09:39) Action Items 1. 12:05:40 PM (00:09:41) Resolution 5124, Establishing Norms of Behavior for Interactions Between City Commissioners and City Employees Who Are Subject to the Supervision and Direction of the City Manager (Andrus)  12:05:55 PM (00:09:56) Presentation Mayor Andrus discussed the reasons for today’s resolution. She summarized sections 1-3. 12:13:25 PM (00:17:26) Comments Cr. Cunningham stated that the background provided was consistent with the orientation provided by staff. 12:14:23 PM (00:18:24) Presentation/Comments/Questions – Section 4 – Norms Cr. Cunningham stated there have been instances where this commission has behaved in a manner to drive staff to tears. He discussed in some detail how the commission could act more appropriately. Mayor Andrus discussed the importance of being mindful of giving direction. Cr. Cunningham asked about the scope of the problem, giving direction that doesn’t go through proper channels. DM Mehl asked for clarification on directives versus clarification. City Manager Surratt and Interim City Manager Dennis Taylor responded in detail. Cr. Krauss spoke of the commission’s responsibilities to set goals and policy only. Cr. Cunningham stated there are situations built into the system that require communication. Cr. Krauss stated the limit on communication is actually a duty of care to respecting their positions. Cr. Cunningham discussed the difficulty of citizen expectations of commission responsiveness, potentially a portal. Mayor Andrus asked about the process for distribution and replies from the agenda inbox. DM Mehl discussed coming up with mutually agreeable system to address responses. Cr. Cunningham discussed communicating with the City Manager regarding agenda questions. DM Mehl expressed concerns this is too constrictive on the City Manager. Cr. Krauss discussed the balance of constituent service. He discussed inquiries used maliciously. 01:08:38 PM (01:12:39) Time Reference Cr. Cunningham stated how important it is to communicate to the City Manager, not Directors or other staff. The commission, City Manager, and Interim City Manager discussed in detail. Cr. Krauss discussed the necessity of an exception for HR and the City Attorney. Mayor Andrus reiterated the importance of communication with the City Clerk. Cr. Cunningham asked CA Sullivan for clarity on inquiries versus large issues. Mayor Andrus discussed protocol for just dropping in on staff. Cr. Cunningham asked how staff has been empowered to keep the commission in check. 38 Bozeman City Commission Special Meeting DRAFT MINUTES, December 11, 2019 Page 3 of 7 01:35:08 PM (01:39:09) Questions/Comments - Section 9 Mayor Andrus discussed inappropriate criticisms of staff in public. Cr. Krauss discussed the importance of being able to talk to staff about presentations since they are the professionals. Cr. Cunningham asked what specific problem is trying to be addressed. DM Mehl asked how best to handle small errors that need to be fixed from the dais. CA Sullivan discussed better practices. 01:51:50 PM (01:55:51) Questions/Comments – Section 10 Cr. Cunningham discussed the example of attending budget meetings as commission attendance at meetings being a negative. Cr. Krauss noted there can be value in attendance, but they owe the organization to do it right. DM Mehl agrees, but discussed a preference for more flexibility. The commission discussed the process for requesting attendance at staff meetings. DM Mehl discussed concern with not being able to attend public meetings. Cr. Krauss discussed the problems of commissioners attending public meetings. CA Sullivan added detail. Cr. Cunningham gave examples of problematic commission meeting attendance. DM Mehl asked where this is stated in the Charter. CA Sullivan responded in detail. Mayor Andrus reiterated the importance of this section, and what the commission’s role is. Cr. Krauss discussed the negative impact of commission attendance. Cr. Cunningham asked how the can evaluate the City Manager when their actions impact her ability to do her job. 02:24:40 PM (02:28:41) Recess Mayor Andrus called a 5 minutes recess. 02:32:02 PM (02:36:03) Call to Order Mayor Andrus called the meeting back to order at 2:32 PM. 02:32:17 PM (02:36:18) Questions/Comments – Section 11 DM Mehl and Cr. Krauss discussed the nuance of the boards where commissioners vote. Cr. Cunningham asked for clarification on direction as a board commission liaison. Mayor Andrus and Cr. Krauss discussed guidance in this area. Mayor Andrus reiterated the expectations and obligations stated in Exhibit A to the resolution. DM Mehl asked how to best move forward on moving forward with this resolution. 02:47:51 PM (02:51:52) Public Comment Mayor Andrus opened public comment. 02:48:01 PM (02:52:02) Jerry Pape, Public Comment Mr. Pape discussed the seriousness of this issue, and discussed some agreements and concerns. 02:52:15 PM (02:56:16) Brian Close, Public Comment Mr. Close discussed the importance of the right to inquiry. He expressed a few other concerns with the resolution versus the Charter. 02:55:11 PM (02:59:12) Carson Taylor, Public Comment Mr. Taylor discussed the problem of staff and elected officials as always a tension. He stated the 39 Bozeman City Commission Special Meeting DRAFT MINUTES, December 11, 2019 Page 4 of 7 solution is trust and common sense, not regulation. 02:58:37 PM (03:02:38) Jarvis Brown, Public Comment Mr. Brown, former County Commissioner, reiterated how inappropriate it is to direct staff. He asked if “officials” refers to external elected officials. He did state this is overly restrictive. 03:00:59 PM (03:05:00) Clarifications CA Sullivan clarified that “officials” refers to staff. He spoke of decorum and standards of conduct elsewhere. Cr. Cunningham asked if this resolution is rewriting, interpreting, or fleshing out the Charter. DM Mehl asked Interim City Manager Dennis Taylor if this should be extended to next year. 03:11:12 PM (03:15:13) Motion to adopt Resolution 5124, Establishing Norms of Behavior for Interactions Between City Commissioners and City Employees Who Are Subject to the Supervision and Direction of the City Manager. Commissioner - Jeff Krauss: Motion Commissioner - Terry Cunningham: 2nd 03:11:25 PM (03:15:26) Discussion Cr. Krauss discussed his history as a commissioner and study commissioner. 03:13:14 PM (03:17:15) Amendment to the Motion and Vote to add HR [Human Resources] as 8. K. for matters dealing with employment of the commissioners as employees of the City of Bozeman. The amendment passed 4-0. Commissioner - Jeff Krauss: Motion Commissioner - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve 03:13:58 PM (03:17:59) Discussion Continued Cr. Krauss discussed the issue of inquiries in great detail. He commended the mayor for calling this meeting. He stated there is nothing in this document that interferes with his abilities to be a commissioner. Cr. Cunningham stated that passing this today respects current Cr. Krauss. I discussed the importance of correcting behavior in detail. DM Mehl supports the Charter. 03:32:14 PM (03:36:15) Amendment to the Motion and Vote in Section 3, paragraph 3, add “or 40 Bozeman City Commission Special Meeting DRAFT MINUTES, December 11, 2019 Page 5 of 7 commissioners” after “the commission” in the second line, [so it reads “In addition, the commission recognizes fostering mutual respect between the commission and staff and enabling the commission or commissioners to request and staff to provide information…”]. The amendment passed 3-1. Deputy Mayor - Chris Mehl: Motion Commissioner - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve 03:34:51 PM (03:38:52) Amendment to the Motion to modify number 8.a., page 6, second line to read “ …be directed only to the city manager, or the manager’s explicit designee,…” The amendment failed due to lack of a second. Deputy Mayor - Chris Mehl: Motion 03:36:41 PM (03:40:42) Discussion DM Mehl discussed the reason for his amendment. 03:37:22 PM (03:41:23) Amendment to the Motion and Vote to modify page 8, 9.e. adding “Quality control is a team exercise.” as the first sentence. The amendment passed 4-0. 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: Absent Commissioner - Terry Cunningham: Approve 03:38:18 PM (03:42:19) Amendment to the Motion to delete 10B, and replace with “Commissioner conduct at public meetings or other events should be informed by the charter and these norms. Commissioner attendance at meetings called by the staff or city manager with constituents should not occur unless requested by the city manager.” Deputy Mayor - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 03:40:10 PM (03:44:11) Discussion DM Mehl clarified the intent of the amendment. 41 Bozeman City Commission Special Meeting DRAFT MINUTES, December 11, 2019 Page 6 of 7 03:48:49 PM (03:52:50) Friendly Amendment to remove “with constituents” and add “public” before “meetings” in line two. The friendly amendment was accepted. 03:49:33 PM (03:53:34) Discussion The commission discussed conflict with the Charter and the practice of this amendment. Cr. Krauss discussed the logistics of the amendment in practice. Cr. Cunningham supports the amendment. 03:56:46 PM (04:00:47) Vote on the Amendment to the Motion to delete 10B, and replace with “Commissioner conduct at public meetings or other events should be informed by the charter and these norms. Commissioner attendance at public meetings called by the staff or city manager should not occur unless requested by the city manager.” The amendment passed 4-0. Deputy Mayor - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve 03:57:00 PM (04:01:01) Discussion DM Mehl agrees with what the resolution states, and discussed some pieces in detail. Mayor Andrus appreciates the support of the commission in this resolution. 04:03:09 PM (04:07:10) Vote on the Motion to adopt Resolution 5124, Establishing Norms of Behavior for Interactions Between City Commissioners and City Employees Who Are Subject to the Supervision and Direction of the City Manager, as amended. The motion passed 4-0. Commissioner - Jeff Krauss: Motion Commissioner - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve 2. PLEASE NOTE: ITEMS FROM THE DECEMBER 9, 2019 CITY COMMISSION AGENDA MAY BE CONTINUED TO THIS AGENDA IF NECESSARY. PLEASE VIEW THE DECEMBER 9, 2019 AGENDA TO VIEW THOSE PACKET MATERIALS. ANY FORMAL CONTINUATION WILL OCCUR AT THE DECEMBER 9, 2019 MEETING. 42 Bozeman City Commission Special Meeting DRAFT MINUTES, December 11, 2019 Page 7 of 7 H. 04:03:20 PM (04:07:21) FYI / Discussion There was no additional FYI. I. 04:03:29 PM (04:07:30) Adjournment Mayor Andrus adjourned the meeting at 4:03 PM. 43 Page 1 of 10 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, December 16, 2019 Mayor - Cynthia Andrus: Present Deputy Mayor - Chris Mehl: Present Commissioner - Jeff Krauss: Present Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Present Staff Present at the Dais: Interim City Manager (ICM) Dennis Taylor, City Attorney (CA) Greg Sullivan, City Clerk Robin Crough A. 05:59:58 PM (00:03:22) 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 (00:03:33) Pledge of Allegiance and a Moment of Silence C. 06:01:06 PM (00:04:30) Changes to the Agenda Mayor Andrus stated she will pull the appointment to the TOPs Committee, Action Item 5, and put on a future agenda, as it needs more clarification. D. 06:01:38 PM (00:05:02) Authorize Absence – Commissioner I-Ho Pomeroy 06:01:43 PM (00:05:07) Motion and Vote to authorize the absence of Commissioner I-Ho Pomeroy. The motion passed 4-0. Commissioner - Jeff Krauss: Motion Commissioner - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve E. 06:01:56 PM (00:05:20) Public Service Announcements 44 Bozeman City Commission Meeting DRAFT MINUTES, December 16, 2019 Page 2 of 10 1. Cancellation of the December 23, 2019 City Commission Meeting and Closure of City Offices on December 25, 2019 and January 1, 2020 (Crough) City Clerk Crough noted there would be no meetings on December 23rd and December 30th, and solid waste and recycling services will be pushed back a day later in the week for both weeks. F. 06:02:51 PM (00:06:15) FYI • Mayor Andrus thanked City Clerk Crough for her service to the City. • Mayor Krauss will give farewell remarks around 8:00 PM in the FYI section. • Cr. Cunningham noted a panel he participated in this week. • DM Mehl stated the Planning Board is meeting on the Growth Policy this week. G. 06:04:56 PM (00:08:20) Commission Disclosures • Cr. Cunningham stated he is the Climate Team commission liaison, but has no additional knowledge not on the agenda tonight. • Cr. Krauss stated he lives in the district in Action Item 1, and provided information he’s received by living there and speaking with the developer. H. 06:05:59 PM (00:09:22 Minutes 1. Approve the Regular Meeting Minutes from October 7, October 14, October 21, October 28, November 4, and November 18, 2019, Special Meeting Minutes from October 9, 2019, and User Access to Linked Minutes (Crough)  06:05:57 PM (00:09:21) Motion and Vote to approve the combined City Commission minutes from October 7, October 9, October 14, October 21, October 28, November 4, and November 18, 2019 as submitted. The motion passed 4-0. Commissioner - Terry Cunningham: Motion Deputy Mayor - Chris Mehl: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve I. 06:06:23 PM (00:09:47) Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)  2. Approve the Annual Beer, Wine, or Liquor License Renewals for Calendar Year 2020 (Portnell)  45 Bozeman City Commission Meeting DRAFT MINUTES, December 16, 2019 Page 3 of 10 3. Approve an On-Premises Beer and Wine License for DTLP, Inc. dba Shine Beer Sanctuary of Bozeman, Montana to Sell Beer and Wine at 451 East Main Street for the Remainder of Calendar Year 2019 (Portnell)  4. Approve an All-Beverage Liquor License for Buffalo Wild Wings of Bozeman, Montana to Sell Liquor at 1783 North 19th Avenue for Calendar Year 2020 (Maas)  5. Formal Cancellation of the December 23, 2019 City Commission Meeting (Crough)  6. Acknowledge the 2019 City of Bozeman Ethics Report (Hunter)  7. Authorize the Interim City Manager to Sign a Mitigation Credit Purchase Agreement and Acknowledgment with the Upper Missouri Mitigation Bank (Sponsored by SRI Missouri Headwaters LLC) for the Front Street Interceptor Sewer (Murray)  8. Authorize the Interim City Manager to Sign Amendment Number 2 to the Professional Services Agreement with LoganSimpson for Professional Services in Support of the Growth Policy (Saunders)  9. Authorize the Interim City Manager to Sign Task Order Number 9 to the Professional Services Master Task Order Agreement with Advanced Engineering and Environmental Services, Inc. (AE2S) Providing Professional Engineering Services for the Bozeman Sourdough and Lyman Reservoir Inspection and Evaluation Project (Heaston)  10. Authorize the Interim City Manager to Sign Task Order Number 10 to the Professional Services Master Task Order Agreement with Advanced Engineering and Environmental Services, Inc. (AE2S) Providing Professional Engineering Services for the Bozeman Water Treatment Plant – Sourdough Raw Water Influent Metering Improvements 2019 Project (Heaston)  11. Resolution 5087, Authorizing the Midtown Urban Renewal District Tax Increment Finance Assistance Program and Authorizing the Bozeman Midtown Urban Renewal Board to Provide for the Administration of the Program (Fine)  12. Resolution 5121, Intent to Create Special Improvement Lighting District (SILD) Number 758 for Nelson Meadows Subdivision (Massey/Clark)  06:06:29 PM (00:09:53) City Manager Overview ICM Taylor noted the highlights of the consent agenda. 06:06:58 PM (00:10:22) Public Comment There was no public comment. 06:07:14 PM (00:10:38) Motion and Vote to approve Consent Items 1-12 as submitted. The motion passed 4-0. Deputy Mayor - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve 46 Bozeman City Commission Meeting DRAFT MINUTES, December 16, 2019 Page 4 of 10 Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve J. 06:07:34 PM (00:10:58) Public Comment There was no public comment. K. 06:08:16 PM (00:11:40) Action Items 1. 06:08:19 PM (00:11:43) Resolution 5110, Modification of Special Improvement Lighting District Number 728 for The Lakes at Valley West Phases 1-5B (Donald)  06:08:43 PM (00:12:07) Staff Presentation Finance Director Kristin Donald discussed the fixtures to be installed, displayed the map of the district, discussed estimated costs, no protests, and one public comment. 06:09:59 PM (00:13:23) Questions of Staff Cr. Krauss asked if these lights are shielded since the picture doesn’t show that. Cr. Cunningham asked what a modification of a district was. 06:10:50 PM (00:14:14) Public Comment There was no public comment. 06:11:02 PM (00:14:26) Motion to adopt Resolution 5110, Modification of Special Improvement Lighting District Number 728 for The Lakes at Valley West Phases 1-5B. Commissioner - Jeff Krauss: Motion Commissioner - Terry Cunningham: 2nd 06:11:17 PM (00:14:41) Discussion Cr. Krauss stated he supports this since he is familiar with the design, and the lights are installed appropriately. DM Mehl supports this, and that a study on this will be before the commission on January 27th. 06:12:33 PM (00:15:57) Vote on the Motion to adopt Resolution 5110, Modification of Special Improvement Lighting District Number 728 for The Lakes at Valley West Phases 1-5B. The motion passed 4-0. Commissioner - Jeff Krauss: Motion Commissioner - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve 47 Bozeman City Commission Meeting DRAFT MINUTES, December 16, 2019 Page 5 of 10 Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve 2. 06:12:43 PM (00:16:07) Presentation of the Comprehensive Annual Financial Report (CAFR) and Results of the Financial Audit for Fiscal Year 2019 (LaMeres)  06:13:01 PM (00:16:25) Staff Presentation City Controller Brian LaMeres introduced the item. Bill Mills, CPA, from Anderson Zurmuehlen provided context for the audit, discussed the process, and noted excellent findings. 06:18:57 PM (00:22:21) Questions of Staff Cr. Cunningham asked what “internal controls” exist. He asked if there was any interference, and what their opinion consists of. He asked what audit adjustments were made. He asked if there were any concerns of the Audit Committee. Finance Director Donald stated it was recommended 4-0. DM Mehl asked about small errors, and when the report is final. Cr. Krauss stated staff and the auditors have consistently done a good job. DM Mehl asked how much public versus private infrastructure exists in the city. Mayor Andrus asked if there are any federal requirement changes that we need to watch for. 06:28:17 PM (00:31:41) Public Comment There was no public comment. 06:28:33 PM (00:31:57) Motion to accept the Fiscal Year 2019 Comprehensive Annual Financial Report and the accompanying Letter to Governance. Commissioner - Terry Cunningham: Motion Deputy Mayor - Chris Mehl: 2nd 06:28:45 PM (00:32:09) Discussion Cr. Cunningham discussed the importance of the audit. DM Mehl discussed the City’s successful audit, and future improvements to be made. Cr. Krauss discussed how the document has improved over the years, and how the city as a whole has contributed. Mayor Andrus supports the audit, and thanked the staff for their work. 06:36:22 PM (00:39:46) Vote on the Motion to accept the Fiscal Year 2019 Comprehensive Annual Financial Report and the accompanying Letter to Governance. The motion passed 4-0. Commissioner - Terry Cunningham: Motion Commissioner - Jeff Krauss: 2nd Mayor - Cynthia Andrus: Approve 48 Bozeman City Commission Meeting DRAFT MINUTES, December 16, 2019 Page 6 of 10 Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve 3. 06:36:35 PM (00:39:59) Resolution 5118, Adopting the Draft Vision Statement and Provisional Goals for the Bozeman Climate Plan (Meyer)  06:37:03 PM (00:40:27) Staff Presentation Sustainability Program Manager Natalie Meyer discussed the history and process. Judy Dorsey, with the Brendle Group, provided a project introduction, and discussed today’s agenda and priorities. She noted the six specific hazards for Bozeman, and where this project falls in the strategic plan. She discussed the process overview. She provided and discussed the proposed position statement, guiding principles, and vision themes. She provided goal setting context. She discussed emission trends and provisional goals. She noted the Climate Team goal feedback. She presented the provisional goal recommendations. She presented the costs and benefits of climate action. She laid out the next steps. 06:58:59 PM (01:02:23) Questions of Staff DM Mehl asked her to discuss the survey results and outreach activities planned for early next year. He asked about specific risks to Bozeman, and the difference between long-term and near goals, and measuring results. He asked about the timeline before the commission. He asked if the goals were a compromise or aspirational. Cr. Krauss asked Ms. Meyer to define net zero clean. He asked about the feasibility of the goals. Cr. Cunningham asked about the community participation model. He asked about the feasibility of certain goals, and options for alternatives in detail. Mayor Andrus asked how these goals compare to other similar cities. She asked about collaboration with the utility. She asked about hurdles in other communities. DM Mehl asked about Excel Energy goals. 07:34:33 PM (01:37:57) Public Comment Mayor Andrus opened public comment. 07:34:56 PM (01:38:20) Kristin Walser, Public Comment Ms. Walser discussed working with the utility and future goals. 07:38:05 PM (01:41:29) Anne Ready, Public Comment Ms. Ready appreciated the aggressive goals. She discussed climate change and business impacts. 07:41:27 PM (01:44:51) Scott Vishke, Public Comment Mr. Vishke encouraged adoption and to keep in mind CO2 emissions. He noted how important it is for Bozeman to set the precedent in the state. 49 Bozeman City Commission Meeting DRAFT MINUTES, December 16, 2019 Page 7 of 10 07:44:18 PM (01:47:42) Michelle Cary, Public Comment Ms. Cary encouraged more aggressive goals. 07:45:04 PM (01:48:28) Greg Findley, Public Comment Mr. Findley discussed the climate crisis and the necessity of action to save Bozeman. 07:48:37 PM (01:52:01) Melissa Blessing, Public Comment Ms. Blessing discussed the climate crisis, and NorthWestern Energy’s actions in the state. 07:52:08 PM (01:55:32) Atticus Cummings, Public Comment Mr. Cummings encouraged more aggressive goals. 07:55:14 PM (01:58:38) Shari Stamble, Public Comment Ms. Stamble discussed NorthWestern Energy’s long-term plan. 07:56:47 PM (02:00:11) Sarah Blessing, Public Comment Ms. Blessing stated the plan needs to be far more aggressive. 07:59:39 PM (02:03:03) Douglas Fisher, Public Comment Mr. Fisher discussed the importance of leadership and goal-setting by the commission. 08:01:24 PM (02:04:48) Nick Hostetler, Public Comment Mr. Hostetler encouraged adoption of more aggressive goals. 08:03:07 PM (02:06:31) Danica Jameson, Public Comment Ms. Jameson discussed the big picture of sustainability. 08:05:31 PM (02:08:54) Amendment to the [below] Motion to increase the percent reduction in greenhouse gas emissions by 2025 from 25[%] to 26[%] to be in line with the Paris Climate Accord. Commissioner - Terry Cunningham: Motion Deputy Mayor - Chris Mehl: 2nd 08:05:46 PM (02:09:10) Discussion Cr. Cunningham discussed consistency with the Paris Climate Accord. Mayor Andrus stated a motion needed to be on the floor prior to an amendment. 08:06:25 PM (02:09:49) Motion to adopt Resolution 5118, establishing the draft vision statement and provisional goals for the Bozeman Climate Plan. 50 Bozeman City Commission Meeting DRAFT MINUTES, December 16, 2019 Page 8 of 10 Deputy Mayor - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd 08:07:20 PM (02:10:44) Vote on the Amendment to the [below] Motion to increase the percent reduction in greenhouse gas emissions by 2025 from 25[%] to 26[%] to be in line with the Paris Climate Accord. The amendment passed 4-0. Commissioner - Terry Cunningham: Motion Deputy Mayor - Chris Mehl: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve 08:07:33 PM (02:10:57) Discussion DM Mehl discussed the importance of this issue. He encouraged adoption and an annual review. Cr. Krauss discussed the importance of setting responsible and achievable policy, and discussed some concerns with the goals. He discussed a more necessary discussion about growth. He cannot support the first goal. Cr. Cunningham discussed the larger issue of climate change, and the need for aggressive goals. Mayor Andrus supports the resolution, and discussed the need of leadership. She discussed needed changes in city processes. She discussed the relationship with NorthWestern Energy. 08:29:44 PM (02:33:08) Vote on the Motion to adopt Resolution 5118, establishing the draft vision statement and provisional goals for the Bozeman Climate Plan. The motion passed 3-1. Deputy Mayor - Chris Mehl: Motion Commissioner - Jeff Krauss: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Disapprove Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve 4. 08:29:57 PM (02:33:21) Appointment to the Downtown Area Urban Renewal District Board (DURB) (Sweeney)  08:30:01 PM (02:33:25) Public Comment There was no public comment. 51 Bozeman City Commission Meeting DRAFT MINUTES, December 16, 2019 Page 9 of 10 08:30:16 PM (02:33:40) Motion and Vote to appoint Marley McKenna to the Downtown Area Urban Renewal District Board, Voting Position, with a term ending June 30, 2020. The motion passed 4-0. Commissioner - Jeff Krauss: Motion Commissioner - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Chris Mehl: Approve Commissioner - Jeff Krauss: Approve Commissioner - I-Ho Pomeroy: Absent Commissioner - Terry Cunningham: Approve 5. Appointment to the Trails, Open Space and Parks Committee (TOP) (Sweeney)  Consider the motion: I move to appoint one member to the Trails, Open Space and Parks Committee, Recreation and Parks Member Position, with a term ending April 15, 2021. 08:30:44 PM (02:34:08) Recess Mayor Andrus called the commission into recess until 8:35 PM. 08:37:47 PM (02:41:11) Call to Order Mayor Andrus called the meeting back to order at 8:37 PM. 08:38:09 PM (02:41:33) Mayoral Address Mayor Andrus thanked Cr. Krauss for his service in the community. 08:39:45 PM (02:43:09) Public Comment Mayor Andrus opened public comment. 08:39:53 PM (02:43:17) Greg Harbach, Public Comment Mr. Harbach, with the American Legion, thanked him for his support. 08:43:10 PM (02:46:34) Len Albright, Public Comment Mr. Albright, with the American Legion, thanked him for his support, especially for the Veteran’s Cemetery. 08:45:36 PM (02:49:00) Mike Long, Public Comment Mr. Long discussed the acceptance he’s received in the community thanks to Cr. Krauss. 08:48:01 PM (02:51:25) Commission Thank You Cr. Cunningham thanked Cr. Krauss for his assistance. DM Mehl thanked Cr. Krauss. 52 Bozeman City Commission Meeting DRAFT MINUTES, December 16, 2019 Page 10 of 10 08:50:24 PM (02:53:48) Farewell Address Cr. Krauss provided his farewell address. He stated thank you’s, and discussed the need for a larger discussion on the future of Bozeman. L. FYI / Discussion M. 09:19:22 PM (03:22:46) Adjournment Mayor Andrus adjourned the meeting at 9:19 PM. N. 09:19:26 PM (03:22:50) Reception for Outgoing Commissioner Jeff Krauss with Hors d’ouevres *A quorum of the City Commission was present for this item. The City Commission did not hear, discuss, or act on any issues under their purview during this item. No minutes or recording occurred for this item. 53