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HomeMy WebLinkAbout11-24-20 FINAL MINUTES City Commission Meeting of Bozeman, MontanaPage 1 of 11 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, November 24, 2020 Mayor - Cynthia Andrus: Present Deputy Mayor - Terry Cunningham: Present Commissioner - I-Ho Pomeroy: Present Commissioner - Michael Wallner: Present Commissioner - Jennifer Madgic: Present Staff Present in the Webex: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, and City Clerk (CC) Mike Maas A. 06:20:54 PM (00:02:05) Call to Order – 6:00 PM – Webex Videoconference B. 06:24:49 PM (00:06:00) Pledge of Allegiance and a Moment of Silence C. 06:25:19 PM (00:06:30) Changes to the Agenda D. 06:25:24 PM (00:06:35) FYI • Cr. Pomeroy thanked citizens of the City and Gallatin County for wearing their masks. • DM Cunningham highlighted the brown bag lunch on Low Income Tax Credit Housing occurring on Wednesday, December 2, 2020. Connection information was available on the City’s Website Calendar. • CM Mihelich shared the Community Housing dashboard. E. 06:30:03 PM (00:11:14) Commission Disclosures DM Cunningham disclosed a relation to the Boulevard Apartments item but that it will not prevent him from acting on both the related consent and action item. F. 06:31:09 PM (00:12:19) Consent DocuSign Envelope ID: E16D850A-8510-4995-B194-2EB092B227D4 Bozeman City Commission Meeting Minutes, November 24, 2020 Page 2 of 11 1. Accounts Payable Claims Review and Approval (Yeykal) 2. Authorize Acceptance of an Easement from Montana Department of Transportation (MDT) for E. Main Street Easement to Accommodate the Front Street Sanitary Sewer Interceptor (Kohtz) 3. Authorize the City Manager to Sign a Cityworks License and Maintenance Agreement Renewal (Henderson) 4. Authorize the City Manager to Sign a Professional Services Agreement for Cityworks Support with GIS Inc. (Henderson) 5. Authorize the City Manager to Sign a Grant Agreement with Human Resource Development Council IX (HRDC) for the Reimbursement of Construction Costs Associated with the Preservation of Darlinton Manor and Boulevards Apartments as Affordable Rental Homes (Andreasen) 6. Resolution 5225, Intent to Vacate and Abandon City Rights-of-way in Tract 1, Lots 1-3 of the Gardner-Simmental Plaza Subdivision and Direct Staff to Bring Back a Final Resolution to Discontinue the Subject Street Rights-of-way (Gamradt) 06:31:12 PM (00:12:23) City Manager Overview CM Mihelich presented the highlights on the consent agenda. 06:31:52 PM (00:13:02) Public Comment Mayor Andrus opened public comment. 06:33:58 PM (00:15:09) Linda Young, Public Comment Ms. Young commented as a Board Member for HRDC in reference to the affordable housing crisis and the preservation of limited stock through the efforts at Darlinton Manor and Boulevard Apartments. 06:36:02 PM (00:17:13) Heather Grenier, Public Comment Ms. Grenier commented representing HRDC on the critical nature of the grant agreement preserve the restricted units for elderly or individuals with disabilities. She noted the non-transferability of the subsidies. 06:39:09 PM (00:20:19) Motion and Vote: to approve Consent Items 1-6 as submitted. The motion passed 5-0. Deputy Mayor - Terry Cunningham: Motion Commissioner - Michael Wallner: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Terry Cunningham: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Michael Wallner: Approve DocuSign Envelope ID: E16D850A-8510-4995-B194-2EB092B227D4 Bozeman City Commission Meeting Minutes, November 24, 2020 Page 3 of 11 Commissioner - Jennifer Madgic: Approve G. 06:39:49 PM (00:21:00) Public Comment Mayor Andrus opened public comments 06:42:16 PM (00:23:27) Jason Delmue, Public Comment Mr. Delmue, acting Vice Chair of the Bozeman Area Bicycle Advisory Board, commented on his own behalf. He commented on the difficulty of bicyclists to cross Rouse Avenue at Peach Street. He made three requests to address this issue. He noted the lack of a bike lane in the current three vehicle lane configuration. H. 06:46:47 PM (00:27:58) Mayoral Proclamation 1. 06:47:02 PM (00:28:12) Small Business Saturday (Andrus) I. 06:49:27 PM (00:30:38) Action Items 1. 06:49:38 PM (00:30:49) Ordinance 2055, Final Adoption Creating the Pole Yard Urban Renewal District and Adopting the Revised Pole Yard Urban Renewal District Plan with a Tax Increment Financing Provision (Fontenot) 06:49:52 PM (00:31:03) Staff Presentation CM Mihelich presented the questions for the Commission, the original Plan goals, the additional goals, and suggested revisions to the Ordinance and the Plan. 06:55:16 PM (00:36:27) Questions of Staff Cr. Wallner asked about future traffic flow and engineering in the area and whether the City has a plan for mitigating neighborhood concerns. He asked how the URD would positively impact the area. He asked about future infrastructure and how to make sure it is adequate for emergency vehicles. Cr. Madgic asked about the special revenues related to the tax increment financing. She asked about the two neighborhood plans in the City. DM Cunningham asked about staff’s response to suggestions and concerns of non-conformance provided by public comment. He asked how the City will address the new goal of protecting community health. He asked about correspondence related to the Idaho Pole site from the Environmental Protection Agency and the Montana Department of Environmental Quality. 07:12:10 PM (00:53:20) Public Comment Mayor Andrus opened public comment. 07:14:36 PM (00:55:47) Susan Swimley, Public Comment DocuSign Envelope ID: E16D850A-8510-4995-B194-2EB092B227D4 Bozeman City Commission Meeting Minutes, November 24, 2020 Page 4 of 11 Ms. Swimley representing Kenyon Noble commented on the preference of more specificity in strategies for preservation of existing business. She asked why the desire to create the district before year end. She commented on wanting to hear from the Environmental Protection Agency and Montana Department of Environmental Quality on December 3. 07:16:00 PM (00:57:10) Amy Hoitsma, Public Comment Ms. Hoitsma asked what the Commission’s vision for the Northeast area of Bozeman. She commented on a potential developer’s vision for the area. She commented on dialing down the development promotion. 07:19:30 PM (01:00:41) Bob Horne, Public Comment Mr. Horne commented in support of creating the district to keep development near the City’s core. 07:20:39 PM (01:01:50) Chandler Dayton, Public Comment Ms. Dayton commented on the additional language recommendations. She commented on the process in developing the plan. She commented this area is not well suited for urban density development. 07:26:01 PM (01:07:12) Mayor Andrus temporarily lost connection to the meeting. 07:27:33 PM (01:08:44) Mayor Andrus rejoined the Webex videoconference. 07:26:40 PM (01:07:51) Emily Talago, Public Comment Ms. Talago asked for clarification on the creation of an urban renewal board. She commented on right to participate and right to know of the public related to the supplemental materials to the agenda. She commented on the analysis finding conformance with the 2020 Community Plan. 07:31:54 PM (01:13:05) Ashley Ogle, Public Comment Ms. Ogle commented on behalf of Kenyon Noble. She thanked Mayor Andrus for the Small Business proclamation and the residents of the Northeast Neighborhood for their efforts related to this process. She stated her desire to slow the process down until more information is available. 07:35:20 PM (01:16:30) Jay Pape, Public Comment Mr. Pape commented to slow down to understand impacts and encouraged the Commission to vote against the district. He commented on the past development of the Story Mill Landfill. 07:36:59 PM (01:18:09) Marilee Brown, Public Comment Ms. Brown commented her confusion on why the neighborhood is against a funding mechanism to clean up the pollution and solve the transportation difficulties. 07:38:51 PM (01:20:02) Kristin Griffin, Public Comment Ms. Griffin asked to have the term urban defined as it applies to urban renewal and how the area meets the definition to appropriately be considered for renewal. DocuSign Envelope ID: E16D850A-8510-4995-B194-2EB092B227D4 Bozeman City Commission Meeting Minutes, November 24, 2020 Page 5 of 11 07:40:10 PM (01:21:21) Staff clarification CM Mihelich responded to public comments. 07:44:03 PM (01:25:13) Questions of staff continued Cr. Pomeroy asked about the institutional controls in the superfund site and the possible addition of new wells after cleanup. Cr. Madgic asked about the sense of urgency driving the creation of the district. Cr. Wallner asked about public comments related to notice requirements. 07:48:06 PM (01:29:17) Staff Clarification CA Sullivan noted the supplemental materials were provided for additional transparency to a legislative act of the City Commission. 07:48:38 PM (01:29:49) Mayor Andrus asked about transparency of this action item. 07:48:57 PM (01:30:07) Motion Having considered public comment, I move to approve final adoption of Ordinance 2055, Creating the Pole Yard Urban Renewal District and Adopting the Revised Pole Yard Urban Renewal District Plan with a Tax Increment Financing Provision and amend Ordinance 2055 and the Plan as stated in the Staff Memorandum dated November 23, 2020 to recognize the Commission’s adoption of the Bozeman Community Plan 2020 on November 17, 2020 and finding that the creation of the District and the Revised Plan is in conformance with the newly adopted Bozeman Community Plan 2020. Commissioner - Michael Wallner: Motion Commissioner - Jennifer Madgic: 2nd 07:49:40 PM (01:30:50) Discussion Cr. Wallner provided findings that the plan meets the necessary requirements. He stated the district will help enhance the area that needs a commercial node for development and funding infrastructure. He will support the motion. Cr. Madgic stated the potential for development is causing angst due to rapid growth and she hears that from the community. She identified the district is a tool to address needed improvements. She recommended creation of a neighborhood plan. Cr. Pomeroy agreed with Cr. Madgic and appreciated the additional goals. She will not support the motion. DM Cunningham stated his attempt to be deliberate through the process. He stated he would not support the motion without the additional goals. He stated his goal is to receive answers to questions and this tool will allow a funding mechanism to achieve that. He will support the motion. Mayor Andrus stated she will support the motion. She stated this financing tool that will help work for the entire district. She stated her support for creation of a neighborhood plan. DocuSign Envelope ID: E16D850A-8510-4995-B194-2EB092B227D4 Bozeman City Commission Meeting Minutes, November 24, 2020 Page 6 of 11 08:06:45 PM (01:47:56) Vote on the Motion Having considered public comment, I move to approve final adoption of Ordinance 2055, Creating the Pole Yard Urban Renewal District and Adopting the Revised Pole Yard Urban Renewal District Plan with a Tax Increment Financing Provision and amend Ordinance 2055 and the Plan as stated in the Staff Memorandum dated November 23, 2020 to recognize the Commission’s adoption of the Bozeman Community Plan 2020 on November 17, 2020 and finding that the creation of the District and the Revised Plan is in conformance with the newly adopted Bozeman Community Plan 2020. The motion passed 4-1. Commissioner - Michael Wallner: Motion Commissioner - Jennifer Madgic: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Terry Cunningham: Approve Commissioner - I-Ho Pomeroy: Disapprove Commissioner - Michael Wallner: Approve Commissioner - Jennifer Madgic: Approve 2. 08:07:26 PM (01:48:37) Resolution 5220 Amending the FY21 Budget to increase the Community Housing Fund Appropriation for $500,000 for Funding an Affordable Housing Project Grant (Donald) 08:07:58 PM (01:49:08) Staff Presentation Finance Director Kristin Donald presented the background of the amendment. 08:09:16 PM (01:50:27) Questions of Staff DM Cunningham commented about a Timber Ridge project proposal request. Mayor Andrus asked clarification that this allocation is from existing funds and the fund balance remaining. 08:12:46 PM (01:53:57) Public Comment There were no public comments. 08:15:32 PM (01:56:43) Motion to approve Resolution 5220 amending the FY21 Budget to increase the Community Housing Fund appropriation for $500,000 for funding affordable housing project grant. Commissioner - Jennifer Madgic: Motion Commissioner - I-Ho Pomeroy: 2nd 08:16:09 PM (01:57:20) Discussion 08:22:03 PM (02:03:14) Vote on the Motion to approve Resolution 5220 amending the FY21 Budget to DocuSign Envelope ID: E16D850A-8510-4995-B194-2EB092B227D4 Bozeman City Commission Meeting Minutes, November 24, 2020 Page 7 of 11 increase the Community Housing Fund appropriation for $500,000 for funding affordable housing project grant. The motion passed 5-0. Commissioner - Jennifer Madgic: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Terry Cunningham: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Michael Wallner: Approve Commissioner - Jennifer Madgic: Approve 08:22:22 PM (02:03:33) Recess Mayor Andrus called the meeting into recess until 8:30 PM. 08:30:19 PM (02:11:29) Call to Order Mayor Andrus called the meeting back to order. 3. 08:30:30 PM (02:11:41) Resolution 5230 Amending the FY21 General Fund Budget for the Purpose of Using CARES Act Reimbursement Funds for COVID Relief Grants (Rosenberry)  08:31:20 PM (02:12:30) Staff Presentation Assistant City Manager Anna Rosenberry presented staff’s recommendation for uses State Coronavirus Relief Funds, the four needs presented were a reserve for future COVID needs, a Non-profit Support Program, a Business Support Program, a City Operations Program, suggested program operations, and estimated program revenue projections. 08:38:35 PM (02:19:46) Questions of staff Cr. Pomeroy asked about the reserve fund uses. She asked about the need for non-profit support. She asked about the business support program. She asked about the City operations supported. DM Cunningham asked about restrictions on use of funds or expiration of such a requirement. He asked about restrictions to program recipients within the City. He asked about future Commission review on allocation of these funds. He asked about the possibility of using this funds for land acquisition for affordable housing. Cr. Madgic stated her agreement with the philosophy of this program. She asked which non-profit groups have received money in the past from the City. Mayor Andrus asked about the required timeline for allocation of funds. She asked about the approval of allocations of funds. She asked about factors for choice of applications. 09:03:28 PM (02:44:39) Public Comment There were no public comments. DocuSign Envelope ID: E16D850A-8510-4995-B194-2EB092B227D4 Bozeman City Commission Meeting Minutes, November 24, 2020 Page 8 of 11 09:07:03 PM (02:48:14) Motion to Approve Resolution 5230 Amending the FY21 General Fund Budget for the purpose of using CARES Act Reimbursement funds for COVID Relief grants. Discussion Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Terry Cunningham: 2nd 09:07:36 PM (02:48:47) Discussion 09:12:49 PM (02:53:59) Vote on the Motion to Approve Resolution 5230 Amending the FY21 General Fund Budget for the purpose of using CARES Act Reimbursement funds for COVID Relief grants. The motion passed 5-0. Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Terry Cunningham: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Terry Cunningham: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Michael Wallner: Approve Commissioner - Jennifer Madgic: Approve 4. 09:13:14 PM (02:54:24) Presentation of the FY2022 – FY2026 Capital Improvement Plan (CIP) Introduction and Public Works Funds (Donald) 09:13:48 PM (02:54:58) Staff presentation CM Mihelich, Director Donald, and Public Works Director Mitch Reister presented the timeline of the CIP, role of the Strategic Plan, funding the CIP, total scheduled projects by fund, unscheduled projects by fund, and the presentation schedule. They presented all Public Works funds and the highlighted funds. They presented the Water Fund funding, financial summary, the revenue estimate, expenditures, and project highlights. They presented the Water Impact Fee funding, borrowing for projects, the financial summary, the revenue estimate, estimates, project highlights, and the Impact Fee Advisory Committee’s recommendation as presented. 09:24:58 PM (03:06:09) Questions of staff DM Cunningham stated the specific section for the Arterial and Collector and Streets Maintenance Funds were not contained in the packet materials. He asked about highlighted projects. He asked about uses of water impact fees. Cr. Wallner asked about the lifespan of a projected vehicle replacement. Cr. Madgic asked percentage of water provided by the wellfield project. She asked about an increase in impact fees. Cr. Pomeroy asked about water impact fee revenues. DocuSign Envelope ID: E16D850A-8510-4995-B194-2EB092B227D4 Bozeman City Commission Meeting Minutes, November 24, 2020 Page 9 of 11 Mayor Andrus asked for a hard copy of the draft CIP. She asked about process for project requests appearing in the CIP. She asked about an increase in a specific project request. She asked about new project requests. 09:41:48 PM (03:22:58) Staff presentation continued Directors Donald and Reister presented the Wastewater Fund revenue, financial summary, and project highlights. They presented the Wastewater Impact Fee revenue, borrowing for projects, financial summary, project highlights, and the Impact Fee Advisory Committees recommendation as presented. 09:48:42 PM (03:29:52) Questions of staff DM Cunningham asked about inflationary cost increases and unscheduled projects. Cr. Wallner commented on the pipe replacement project. Cr. Pomeroy asked about unscheduled wastewater fund projects. 09:58:56 PM (03:40:07) Meeting Extended Mayor Andrus extended the meeting until 10:30 PM. 09:59:01 PM (03:40:12) Questions of staff continued Mayor Andrus asked about the Riverside Annexation impact project being removed from last year’s CIP. 10:01:50 PM (03:43:00) Staff presentation continued Directors Donald and Reister presented the Street Maintenance Fund revenue, financial summary, and project highlights. 10:04:52 PM (03:46:02) Questions of staff DM Cunningham asked about funding for non-motorized pathway improvements. He asked about the impact an increase in funding for such projects would have on other projects and where the funding would come from. Cr. Wallner asked for a reallocation of funding for bike and pedestrian improvements. He asked about the funding of a signal at Bozeman High School. Mayor Andrus asked about the Bridger Creek stabilization project. She asked about the snow storage drainage project. 10:14:01 PM (03:55:12) Staff presentation continued Directors Donald and Reister presented the Stormwater Fund revenues, financial summary, and project highlights. 10:18:02 PM (03:59:12) Questions of staff Cr. Madgic asked about rate increases. Cr. Pomeroy asked revenue estimates. Mayor Andrus asked a specific new project. DocuSign Envelope ID: E16D850A-8510-4995-B194-2EB092B227D4 Bozeman City Commission Meeting Minutes, November 24, 2020 Page 10 of 11 10:24:29 PM (04:05:40) Staff presentation continued Directors Donald and Reister presented the Arterial & Collector and Street Impact Fee Funds overview, revenue, financial summaries, shared funding projects, and project highlights. 10:30:54 PM (04:12:04) Meeting extended Mayor Andrus extended the meeting until 11 PM. 10:31:03 PM (04:12:13) Staff Presentation continued Director Reister presented the Impact Fee Advisory Committees recommendations on the plan and a map of planned projects. 10:35:35 PM (04:16:45) Questions of staff DM Cunningham asked potential future projects around Cottonwood Road. Mayor Andrus asked about a specific unscheduled project. 10:39:44 PM (04:20:54) Staff Presentation Director Donald highlighted the location of the full CIP on the City’s website. 10:40:23 PM (04:21:34) Public Comment Mayor Andrus opened public comments. 10:42:09 PM (04:23:19) Marilee Brown, Public Comment Ms. Brown from Safer Bozeman and Gal10 Alliance Pathways commented on a lack of stand-alone pedestrian and bike pathways. She commented on the lack of additional funding. 10:45:20 PM (04:26:30) Betty Stroock, Public Comment Ms. Strook commented on the need for additional funding for paths and bikes, and her desire to see better coordination between departments related to pathways. 10:49:41 PM (04:30:51) Response of Staff CM Mihelich responded to public comments. 5. 10:51:24 PM (04:32:34) Appointments to the Design Review Board (Maas) 10:51:34 PM (04:32:45) Public Comments There were no public comments Motion and Vote to appoint one member, Erin Eisner, to the Design Review Board, non-professional position, and one member, Troy Scheerer, to the Landscape Architect or Design position, both terms expiring June 30, 2022. The motion passed 5-0. DocuSign Envelope ID: E16D850A-8510-4995-B194-2EB092B227D4 Bozeman City Commission Meeting Minutes, November 24, 2020 Page 11 of 11 Deputy Mayor - Terry Cunningham: Motion Commissioner - Michael Wallner: 2nd Mayor - Cynthia Andrus: Approve Deputy Mayor - Terry Cunningham: Approve Commissioner - I-Ho Pomeroy: Approve Commissioner - Michael Wallner: Approve Commissioner - Jennifer Madgic: Approve J. 10:54:31 PM (04:35:41) FYI/Discussion • CM Mihelich responded to public comments related to the Peach Street and Rouse Avenue intersection. K. 10:56:37 PM (04:37:48) Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: March 23, 2021 DocuSign Envelope ID: E16D850A-8510-4995-B194-2EB092B227D4