HomeMy WebLinkAbout08-11-20 FINAL MINUTES City Commission Meeting of Bozeman, MontanaPage 1 of 12
THE CITY COMMISSION SPECIAL MEETING OF BOZEMAN, MONTANA
MINUTES
Tuesday, August 11, 2020
Staff Present in the Webex: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk
(CC) Mike Maas
A. 06:00:44 PM (00:40:30) Call to Order – 6:00 PM – Webex Video Conference
B. 06:04:37 PM (00:44:24) Pledge of Allegiance and a Moment of Silence
C. 06:05:19 PM (00:45:05) Changes to the Agenda
There were no changes to the agenda.
D. 06:05:30 PM (00:45:16) FYI
CM Mihelich announced the rainbow crosswalks will begin installation on Thursday at Babcock and
Tracy and Mendenhall and Willson, a celebration will be held at 3PM on August 17th at Babcock and
Tracy. He provided an update on the City’s Census response rate. He highlighted Sustainability
Program Manager Natalie Meyer’s award for 2020 U.S. Clean Energy Education Empowerment
Government Award.
Cr. Cunningham noted the CAHAB meeting August 12 at 8 AM via Webex.
DM Andrus commended the School Board’s work to provide a back-to-school solution.
Cr. Wallner seconded DM Andrus’ comments related to the School Board. He noted a meeting on
Department of Public Health and Human Services authority to ban flavored e-cigarettes.
Mayor Mehl noted the Planning Coordinating Committee meeting earlier in the day, and that the
next meeting is coming in October. He noted the Recreation and Parks Advisory Board meeting on
August 13. He thanked the City Manager for the efforts on behalf of the City for the rainbow
sidewalk.
E. 06:11:52 PM (00:51:39) Commission Disclosures
F. 06:12:17 PM (00:52:04) Consent
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1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Authorize the City Manager to Sign a Notice of Award and a Bid Purchase Agreement
Between the City of Bozeman and Jack’s Truck & Equipment for the Purchase of One (1)
New Refuse Truck with New Front-load Packer Installed (Meland)
3. Authorize the City Manager to Sign a Professional Services Agreement with Gradient
Landscapes, LLC for Landscape Restoration at City Hall (Ahlstrom)
4. Authorize the City Manager to Sign a Professional Services Agreement with American
Sealcoating Co. for Parking Lot Seal Coating to Support Bozeman Public Library Parking Lot
Upgrade Project (Gray)
06:12:27 PM (00:52:14) Public Comment
There was no public comments.
06:14:34 PM (00:54:21) Motion and Vote to approve Consent Items 1-4 as submitted. The motion
passed 5-0.
Commissioner - Michael Wallner: Motion
Commissioner - Terry Cunningham: 2nd
Mayor - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
Commissioner - Michael Wallner: Approve
G. 06:15:17 PM (00:55:03) Public Comment
Mayor Mehl opened public comment.
06:17:36 PM (00:57:22) Marilee Brown, Public Comment
Ms. Brown of Safer Bozeman and Gallatin County, member of the Pedestrian Traffic Safety Committee
invited everyone to see the public works projects on Haggerty Lane and Frontage Road where requests
for sidewalks and pathways were submitted for Capital Improvement Projects. She stated her opinion
that future projects be planned to save money for the City.
H. 06:20:02 PM (00:59:49) Action Items
1. 06:20:04 PM (00:59:51) Resolution 5192, Establishing Rates for Stormwater Service for the
City of Bozeman (Donald)
06:20:31 PM (01:00:17) Staff Presentation
Finance Director Donald presented the background for the stormwater rate, how it was noticed to the
public, and the impact on property owners.
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06:21:28 PM (01:01:14) Questions
Cr. Cunningham asked for clarification on the acronym ERU. He asked how the addition of a staff
member related to the increase in the rate.
06:23:30 PM (01:03:16) Public Comment
There was no public comment.
06:24:57 PM (01:04:43) Motion to approve Resolution 5192 setting a 5% increase in stormwater rates
effective on bills due September 15, 2020.
Commissioner - Terry Cunningham: Motion
Commissioner - I-Ho Pomeroy: 2nd
06:25:21 PM (01:05:08) Discussion
06:26:48 PM (01:06:34) Vote on the Motion to approve Resolution 5192 setting a 5% increase in
stormwater rates effective on bills due September 15, 2020. The motion passed 5-0.
Commissioner - Terry Cunningham: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
Commissioner - Michael Wallner: Approve
2. 06:27:46 PM (01:07:32) Resolution 5200, Dissolution of Special Improvement Lighting District
706 for West Winds Subdivision Phase 4, (Contingent Upon Approval of Resolution 5172 to
Modify West Winds Subdivision Phases 6-8 to Include Phase 4) (Donald)
06:27:58 PM (01:07:45) Staff Presentation
Director Donald presented the background, the map of the district, and that there were no written
protests.
06:28:45 PM (01:08:31) Questions of Staff
There were no questions of staff.
06:29:17 PM (01:09:03) Public Comment
There were no public comments.
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06:30:46 PM (01:10:32) Motion to approve Resolution 5200, Dissolution of Special Improvement Lighting
District No.706 for West Winds Subdivision Phase 4, (contingent upon approval of Resolution 5172 to
modify West Winds Subdivision Phases 6-8 to include Phase 4).
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Cynthia Andrus: 2nd
06:31:20 PM (01:11:07) Discussion
06:32:17 PM (01:12:03) Vote on the Motion to approve Resolution 5200, Dissolution of Special
Improvement Lighting District No.706 for West Winds Subdivision Phase 4, (contingent upon approval of
Resolution 5172 to modify West Winds Subdivision Phases 6-8 to include Phase 4). The motion passed 5-
0.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Mayor - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
Commissioner - Michael Wallner: Approve
3. 06:32:53 PM (01:12:39) Resolution 5172, Modification of Special Improvement Lighting
District 720 for West Winds Subdivision Phases 4 & 6-8 (Donald)
06:32:59 PM (01:12:45) Staff Presentation
Director Donald presented the modification, the fixtures to be installed, the map of the proposed
district, the estimated costs, and that there were no written protests.
06:33:50 PM (01:13:36) Questions of Staff
There were no questions of staff.
06:34:10 PM (01:13:56) Public Comment
There were no public comments.
06:35:48 PM (01:15:34) Motion to approve Resolution 5172, Modification of Special Improvement
Lighting District 720 for West Winds Subdivision Phases 4 & 6-8.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Michael Wallner: 2nd
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06:36:11 PM (01:15:57) Discussion
06:37:43 PM (01:17:29) Vote on the Motion to approve Resolution 5172, Modification of Special
Improvement Lighting District 720 for West Winds Subdivision Phases 4 & 6-8. The motion passed 5-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Michael Wallner: 2nd
Mayor - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
Commissioner - Michael Wallner: Approve
4. 06:37:59 PM (01:17:45) Resolution 5208, Authorizing the Form and Details and Providing for
the Execution and Delivery of Bonds for SID747 for $4,001,000 (Donald)
06:38:06 PM (01:17:53) Staff Presentation
Director Donald presented the background of the SID747, the boundariy of the SID, the improvements
contained in the District, and the Bonding Terms.
06:40:46 PM (01:20:32) Questions of Staff
Cr. Cunningham asked about the bond savings and the City as a property owner within the District.
Mayor Mehl asked about the budget and rate in comparison to original plan at the District’s inception.
06:43:36 PM (01:23:23) Public Comment
There were no public comments.
06:44:30 PM (01:24:17) Cr. Wallner informed the Mayor he would be switching laptops to improve his
audio connection.
06:46:41 PM (01:26:27) Cr. Wallner rejoined the meeting.
06:46:52 PM (01:26:38) Motion to approve Resolution 5208, authorizing the form and details and
providing for the execution and delivery of bonds for SID747 for $4,001,000.
Commissioner - Michael Wallner: Motion
Commissioner - Terry Cunningham: 2nd
06:47:13 PM (01:26:59) Discussion
06:50:59 PM (01:30:45) Vote on the Motion to approve Resolution 5208, authorizing the form and
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details and providing for the execution and delivery of bonds for SID747 for $4,001,000. The motion
passed 5-0.
Commissioner - Michael Wallner: Motion
Commissioner - Terry Cunningham: 2nd
Mayor - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
Commissioner - Michael Wallner: Approve
5. 06:51:17 PM (01:31:03) Resolution 5191, Establishing a $0.017 per square foot Assessment
for the Parks & Trails District for FY 2021 (Donald)
06:51:32 PM (01:31:18) Staff Presentation
Director Donald presented the background of the Parks & Trails District and associated budget
discussion, the total revenue, and the financial impacts.
06:52:51 PM (01:32:38) Questions of staff
Cr. Cunningham asked how the presented educational materials compared to adjusted amount for
review tonight and the payments that will be made for the first year of the assessment. He asked about
the deferred parking lot project at Story Mill Park and if it would increase assessments in future years.
DM Andrus asked about the potential impact on HOA’s for park maintenance.
06:57:42 PM (01:37:29) Public Comment
There were no public comments.
06:59:20 PM (01:39:06) Motion to approve Resolution 5191, Establishing a $0.017 per square foot
Assessment for the Parks & Trails District for FY 2021.
Commissioner - Terry Cunningham: Motion
Commissioner - I-Ho Pomeroy: 2nd
06:59:42 PM (01:39:28) Discussion
Cr. Cunningham noted the investment of citizens and property owners in parks and trails as evidenced
by their approval of the special election ballot issue on May 5 to address the backlog of deferred
maintenance.
DM Andrus thanked the community for their support for the District in addressing deferred
maintenance, funding for future parks and trails, and equity in paying for all that we enjoy.
Mayor Mehl thanked the voters and noted the history of this item in the PROST Plan from 2007.
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07:03:54 PM (01:43:40) Vote on the Motion to approve Resolution 5191, Establishing a $0.017 per
square foot Assessment for the Parks & Trails District for FY 2021. The motion passed 5-0.
Commissioner - Terry Cunningham: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
Commissioner - Michael Wallner: Approve
6. 07:04:18 PM (01:44:04) Resolution 5141, a Resolution to Create the Bozeman Downtown
Business Improvement District (BID) for 2020-2030 (Rosenberry)
07:04:54 PM (01:44:41) Staff Presentation
Assistant City Manager (ACM) Anna Rosenberry presented the process of the two items for recreation of
the BID, the history of the BID’s creation by petition, the works of the district, the changes in the BID of
assessment cap and extension of boundaries, the protest received and its percentages of the BID area
and assessment that was not sufficient to disallow the creation, and staff’s recommendation to approve.
07:09:29 PM (01:49:15) Questions of Staff
Cr. Pomeroy asked about the response in favor and the boundary creation.
DM Andrus asked about the reason for the expansion from the previous version of the BID.
Mayor Mehl asked Assistant City Attorney Stambaugh for clarification on the boundaries
Cr. Cunningham asked about the cap on assessments and the communication with property owners
about this new cap.
07:16:27 PM (01:56:13) Public Comment
There was no public comment.
07:18:02 PM (01:57:48) Motion after conducting a public hearing to hear and decide upon all protests
received to the creation of the Bozeman Downtown Business Improvement District, and determining the
protest received to be insufficient, I hereby move to adopt Resolution 5141, a Resolution to Create the
Bozeman Downtown Business Improvement District for 2020-2030.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Cynthia Andrus: 2nd
07:18:45 PM (01:8:31) Discussion
Cr. Pomeroy noted only one property owner submitted written protest.
DM Andrus noted the three pillars of review, the protests submitted, evaluating the protest, and the
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Resolution.
07:25:19 PM (02:05:05) Vote on the Motion after conducting a public hearing to hear and decide upon
all protests received to the creation of the Bozeman Downtown Business Improvement District, and
determining the protest received to be insufficient, I hereby move to adopt Resolution 5141, a Resolution
to Create the Bozeman Downtown Business Improvement District for 2020-2030. The motion passed 5-0.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Mayor - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
Commissioner - Michael Wallner: Approve
7. 07:25:42 PM (02:05:28) Ordinance 2040, Provisional Adoption Creating the Bozeman
Downtown Business Improvement District for 2020-2030 and Amending the Bozeman
Municipal Code to Delete References to the Bozeman Tourism Business Improvement District
(Rosenberry)
07:25:51 PM (02:05:37) Staff Presentation
ACM Rosenberry presented the statutorily required ordinance to update the Bozeman Municipal Code
for the new BID dates, Board of Trustees, new assessment caps, and the removal of reference to the
Tourism Business Improvement District.
07:27:59 PM (02:07:45) Questions of Staff
There were no questions of staff.
07:28:20 PM (02:08:06) Public Comment
There were no public comments.
07:29:56 PM (02:09:43) Motion to provisionally adopt Ordinance 2040 creating the Bozeman Downtown
Business Improvement District for 2020-2030 and amending the Bozeman Municipal Code to delete
references to the Bozeman Tourism Business Improvement District.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Michael Wallner: 2nd
07:30:21 PM (02:10:07) Discussion
07:32:37 PM (02:12:24) Vote on the Motion to provisionally adopt Ordinance 2040 creating the
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Bozeman Downtown Business Improvement District for 2020-2030 and amending the Bozeman
Municipal Code to delete references to the Bozeman Tourism Business Improvement District. The motion
passed 5-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Michael Wallner: 2nd
Mayor - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
Commissioner - Michael Wallner: Approve
07:32:59 PM (02:12:45) Recess
Mayor Mehl called the meeting into recess until 7:37 PM.
07:39:21 PM (02:19:07) Call to order.
Mayor Mehl called the meeting back to order at 7:39 PM.
I. 07:39:26 PM (02:19:12) Work Session
1. 07:39:39 PM (02:19:25) Draft 2021 Legislative Agenda (Veselik)
07:41:51 PM (02:21:37) Staff Presentation
CM Mihelich and Economic Development Specialist Michael Veselik presented an overview of the City’s
aims with the Legislative session. CM Mihelich outlined the process in developing the priorities, the
collection of priorities, and the connection to the Strategic Plan to request feedback from the
Commission, the future plans to meet with the area delegation, and to request any additions or
subtractions and Commissioner priorities.
Specl. Veselik presented items connected to the Strategic Plan Goals:
Goal 1 – An Engaged Community: Special Election Date Change, Planning and Zoning Board
Consolidation, Public Noticing Options, and Legislative Redistricting
Goal 2 – An Innovative Economy: Broadband, Childcare, Gallatin College Facilities, Local Option Sales
Tax, Montana Economic Developer’s Association Next Generation Report, and Tax Increment Financing
and Urban Renewal Districts
Goal 3 – A Safe, Welcoming Community: Criminal Justice Funding, DUI Blood Draws, Marijuana
Legislation, Affordable Housing (Funding Affordable Housing Personnel with Building Fees, Low Income
Tax Credit for Affordable Housing, Preservation of Affordable Housing, Sale/Lease of School of University
Property)
Goal 4 – A Well-planned City: Bills related to Water Use Act, Building Codes, Exempt Well Bills, Grant
Program for Aging Septic Systems, MDT Local Agency Processes, Nutrient Water Quality Standards,
Subdivision Review
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Goal 5 – A Sustainable Environment: Commercial and Residential Property Assessed Clean Energy,
Community Renewable Energy Options, Renewable Net Energy Metering
Goal 6 – High Performance Organization: Co-op Bidding and Procurement
He presented Legislative Agendas to Endorse: Montana League of Cities and Towns, The Montana
Infrastructure Coalition, Montana Economic Developers Association
He presented other Legislative Information: A Remote Session, Lobbyist RFQ, and Upcoming
Delegation Meeting
07:56:59 PM (02:36:45) Questions of Staff
Cr. Wallner asked for clarification on the DUI Blood Draws.
CA Sullivan clarified there are conflicting statutes on whether an officer can request a blood draw on a
DUI first offense. He stated this is not to request for a bill to be drafted but to support any bill that is
proposed.
Cr. Cunningham asked about a grant program for septic systems and whether it relates to annexations
and connecting to City services.
CM Mihelich answered in the affirmative that his grant program would make the transition easier.
Cr. Cunningham asked collaboration and sharing initiatives with other cities in Montana.
CM Mihelich responded that his idea was to send Bozeman’s priorities to other cities to see if they are
supportive of our agenda priorities.
Cr. Cunningham asked about building a coalition related to identifying priorities compared to promoting
specific language and bills.
CM Mihelich responded that with Commission approval staff is willing to draft legislative framework, seek
coalitions, and bill sponsors.
DM Andrus asked about working with Montana Economic Development Association.
CM Mihelich responded this is the first Next Generation Report and will likely result in a separate item
before the Commission at a later date.
DM Andrus asked if they were working with the Montana League of Cities and Towns.
CM Mihelich responded that he would look into that and report back.
08:09:54 PM (02:49:40) Public Comment
There were no public comments.
08:11:51 PM (02:51:37) Discussion continued
Cr. Wallner stated his desire to see an addition of a food and beverage tax option, aka soda or sugar tax.
He stated no subtractions from the list. He identified his highest priorities as broadband, TIF Districts,
taxing tourists, and a food and beverage tax option.
Cr. Cunningham stated he had no subtractions. He stated he would like to see a categorization of
proposed legislation and monitoring categories. He stated his priority related to a local-option tax
should have a new approach and highlighted his proposed tax fairness bill including a rural revenue
pool. He stated had collaborated on a list of potential legislative initiatives related to affordable housing
that resulted in four options noted in staff’s presentation. He stated his priorities include property
assessed clean energy being expanded to residential, community renewable acquisition, Gallatin College
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facilities, and grant program for septic to City service transition.
Cr. Pomeroy stated she would like to add a beer and wine licensing modification to remove the quota
system to a must issue system. She stated her highest priority is affordable housing, followed by
broadband, and Gallatin College. She added her fourth priority is clean energy.
DM Andrus reiterated the need for categorization to prioritize proposed legislation and monitoring. She
stated her addition for local-option tax to include language from the Tourism Business Improvement
District for funds to be allowable for infrastructure as a reallocation of money that is already collected as
opposed to a new tax. She agreed for the need to readdress the way we talk about a local option tax and
how the money is to be spent. She prioritized affordable housing, climate change, water quality, and
taxation related to the Strategic Plan priorities. She added Broadband, monitoring redistricting and
special elections. She supported a dedicated revenue stream applicable to affordable housing. She
stated the alcohol proposal by Cr. Pomeroy would require a lot of effort.
Cr. Cunningham raised an issue of disclosure related to the proposal of modification of alcohol licensing.
Mayor Mehl stated an emerging consensus on tactics. He noted the referendum LR130 related to
firearms for monitoring. He stated the need for a concerted effort to accomplish priorities. He stated his
priorities of tax relief, housing, and climate. His fourth would be to ask the Legislature to respond to
issues arisen from COVID-19, including childcare, broadband, telemedicine, home teaching, working
from home, Gallatin College, worker retraining, and annexation grants.
Cr. Wallner added his support for a shared revenue fund and a reallocation of funds towards
infrastructure.
08:46:55 PM (03:26:41) Recap*
CM Mihelich stated that staff will start fleshing out proposals, will create a grid of themes, identified to
monitor, and items that will propose language, proceed to get feedback from other cities and legislators.
J. 08:50:22 PM (03:30:08) FYI/Discussion
CM Mihelich responded to public comment regarding pathway improvements and that the
infrastructure work being undertaken is sanitary sewer work and that funding pathways with sewer
funds would be inappropriate. He clarified the request has been made to bundle projects whenever
possible to include pathways.
K. 08:52:26 PM (03:32:13) Adjournment
___________________________________
Cynthia L. Andrus
Mayor
ATTEST:
___________________________________
Mike Maas
City Clerk
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PREPARED BY:
___________________________________
Mike Maas
City Clerk
Approved on: March 23, 2021
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