HomeMy WebLinkAbout10-06-20 FINAL MINUTES City Commission Meeting of Bozeman, MontanaPage 1 of 9
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Tuesday, October 06, 2020
Mayor - Cynthia Andrus: Present
Commissioner - I-Ho Pomeroy: Present
Commissioner - Terry Cunningham: Present
Commissioner - Michael Wallner: Present
Staff Present in the Webex: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk
(CC) Mike Maas
A. 06:05:27 PM (00:49:18) Call to Order – 6:00 PM – Webex Videoconference
B. 06:05:34 PM (00:49:25) Pledge of Allegiance and a Moment of Silence
C. 06:06:16 PM (00:50:07) Changes to the Agenda
There were no changes to the agenda.
D. 06:06:26 PM (00:50:17) FYI
Cr. Cunningham noted the status of COVID-19 cases in Gallatin County and a downtown business
not requiring masks.
Mayor Andrus asked the public to practice social distancing, wash hands, and wear a mask. She
reminded people to fill out the Census. She noted the Parking Commission meeting on Thursday,
October 8 at 7 am.
CM Mihelich noted Northwestern Energy’s ongoing streetlight conversions. He noted the Bozeman
Public Safety Center will be adding a 250 kilowatt solar panel array. He noted the status of COVID-19
in the community.
E. 06:14:03 PM (00:57:54) Commission Disclosures
There were no disclosures.
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F. 06:14:12 PM (00:58:03) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Approve the Final Plat for the Nelson Meadows Major Subdivision; Authorize the Director of
Public Works to Execute the Same on Behalf of the City of Bozeman, and the Director of
Community Development to Execute the Improvements Agreements on Behalf of the City of
Bozeman, Application 19523 (Rogers)
3. Authorize the City Manager to Sign a Notice of Award and Contract Documents, Once
Approved, with H&H Earthworks, Inc for $365,766.00 for the 5th Avenue Sanitary Sewer
Improvements Project (Veselik)
4. Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication, a Public
Utility and Access Easement and Agreement, and a Release and Reconveyance of Easement
with Great Western Investments, LLC for the Jennifer Place Condominiums Project (19153)
(Lehigh)
5. Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with
Harvest Parkway LLC for the Flanders Mill Apartments project (20080) (Lehigh)
6. Authorize the City Manager to Sign a Grant Agreement with GMD Development and Human
Resource Development Council IX for $500,000 to Offset City of Bozeman Impact Fees,
Building Permit Fees, and Approved Construction Costs for the Arrowleaf and Perennial
Parks Project (Andreasen)
7. Authorize the City Manager to Sign a Grant Agreement with Human Resource Development
Council for the Reimbursement of Construction Costs Associated with the Building of Willow
Springs Townhomes Phase II (Andreasen)
8. Authorize the City Manager to Sign an Agreement with Central Excavation, Inc. in the
Amount of $76,293.00 for Construction of the 2020 Storm Improvements (Mehrens)
9. Authorize the City Manager to Sign an Agreement with Central Excavation, Inc. in the
Amount of $74,500.00 for Construction of the Westridge Stormwater Treatment Project
(Mehrens)
10. Authorize the City Manager to Sign an Aftermarket Comprehensive Services Plan with Pall
Water for Annual Inspection of the City of Bozeman Pall Water Aria Filtration System (Jill
Miller)
11. Approve the Local Government Entity Reimbursement for COVID-19 Submission and Ratify
the City Manager and Mayor’s Signatures of the Local Government Entity Certification Form
(Donald)
12. Authorize the City Manager to Sign a License Agreement for Installation of Art on City
Owned Property, Parkland, and Public Rights of Way in the City of Bozeman to Update the
List of Gallatin Art Crossing Public Art and to Allow an Art Installation in Story Mill
Community Park (Jadin)
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13. Authorize the City Manager to Sign a License Agreement for the Use of City Property by
Loyal Gardens Home Owners Association for Installation of Park Shelter in Compliance with
the Loyal Gardens Park Master Plan (Jadin)
14. Authorize the City Manager to Sign a Professional Services Agreement Between the City of
Bozeman and the Downtown Bozeman Partnership for the Administration of the Downtown
Business Improvement District for Fiscal Year 2021 (Cope)
15. Authorize the City Manager to Sign a Professional Services Agreement Between the City of
Bozeman and the Downtown Bozeman Partnership for the Administration of the Downtown
Urban Renewal District for Fiscal Year 2021 (Naumann)
16. Authorize the City Manager to Sign a Professional Services Agreement with Affion for the
Human Resources Director Recruitment (Donald)
17. Authorize the City Manager to Sign a Professional Services Agreement with Ralph Andersen
& Associates for the Police Chief Recruitment (Donald)
18. Authorize the City Manager to Sign an Amendment to the Agreement for Services with
Montana State University for SARS-CoV-2 Testing at the City’s Water Reclamation Facility
(Rosenberry)
19. Authorize the City Manager to Sign a Task Order for Revision 1 Evaluation of Hydrogeology
and Refuse Distribution in Southeast Corner of Landfill to Task Order 2020-2021
Groundwater and Perimeter Methane Monitoring Assessment of System Performance and
Effectiveness at the Story Mill Landfill (Kohtz)
20. Authorize the City Manager to Sign an Amendment 4 to the Capital Improvement Projects
Field Survey with Morrison-Maierle, Inc to Facilitate our Local Street Reconstruction
Program (Gamradt)
21. Authorize the City Manager to Sign a Fourth Amendment with HDR Engineering, Inc. for the
Davis Lane Lift Station and Norton Sewer Project (Murray)
22. Authorize the City Manager to Sign a Task Order 5 Under the Authority of a Previously
Executed Professional Services Task Order-Based Agreement with DOWL, LLC for
Stormwater Engineering Services (Mehrens)
23. Resolution 5216, Intent to Create a Special Improvement Lighting District 761 for Bridger
Vale Subdivision (Massey)
24. Resolution 5228, Authorizing Change Order 2 to the North 7th Avenue Streetscape Project
(Veselik)
06:14:17 PM (00:58:08) City Manager Introduction
CM Mihelich provided the highlights of the consent agenda.
06:16:34 PM (01:00:25) Public Comment
Mayor Andrus opened public comments.
06:19:18 PM (01:03:09) Kevin Thane, Public Comment
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Mr. Thane, Chair of CAHAB, commented his support for the two affordable housing consent items.
06:22:04 PM (01:05:55) Motion and vote to approve Consent Items 1-24 as submitted. The motion
passed 4-0.
Commissioner - Michael Wallner: Motion
Commissioner - Terry Cunningham: 2nd
Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
Commissioner - Michael Wallner: Approve
G. 06:22:37 PM (01:06:28) Public Comment
Mayor Andrus opened public comments.
06:25:50 PM (01:09:41) Jerry Pape, Public Comment
Mr. Pape commented on behalf of the Bozeman Design Consortium regarding the City Commission
vacancy application. He spoke in favor of Doug Chandler, Jennifer Madgic, and Brian LaMeres.
06:27:48 PM (01:11:38) Geoffrey Poole, Public Comment
Mr. Poole commented on the Community Plan, specifically with his concerns on an industrial
designation in the South Bozeman area.
H. 06:31:00 PM (01:14:51) Action Items
1. 06:31:15 PM (01:15:06) Resolution 5199, Levying and Assessing Delinquent Snow Removal
Charges (Donald)
06:31:24 PM (01:15:15) Staff Presentation
Finance Director Kristin Donald presented the process for delinquent snow removal charges for Fiscal Year
2020.
06:32:19 PM (01:16:10) Questions of Staff
Cr. Cunningham asked about the nature of complaints that lead to snow removal charges and the
efforts to remove snow from sidewalks. He asked about the notices received by property notices.
Mayor Andrus asked if the City tracks delinquency year over year.
06:35:22 PM (01:19:13) Public Comment
There were no public comments.
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06:38:13 PM (01:22:04) Motion to approve Resolution 5199.
Commissioner - Terry Cunningham: Motion
Commissioner - I-Ho Pomeroy: 2nd
06:38:25 PM (01:22:15) Discussion
06:40:02 PM (01:23:53) Vote on the Motion to approve Resolution 5199. The motion passed 4-0.
Commissioner - Terry Cunningham: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
Commissioner - Michael Wallner: Approve
2. 06:40:22 PM (01:24:13) Resolution 5197, Levying and Assessing Delinquent Water, Sewer,
Stormwater, Garbage and Recycling Charges (Donald)
06:40:35 PM (01:24:26) Staff Presentation
Director Kristin Donald presented the process for delinquent utility charges for Fiscal Year 2020.
06:41:43 PM (01:25:34) Questions of Staff
Cr. Cunningham asked about the process for assessing properties related to transfers of ownership.
06:43:33 PM (01:27:24) Public Comment
There were no public comments.
06:46:07 PM (01:29:58) Motion to approve Resolution 5197.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Michael Wallner: 2nd
06:46:32 PM (01:30:23) Discussion
06:46:58 PM (01:30:49) Vote on the Motion to approve Resolution 5197. The motion passed 4-0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Michael Wallner: 2nd
Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
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Commissioner - Terry Cunningham: Approve
Commissioner - Michael Wallner: Approve
3. 06:47:19 PM (01:31:10) Resolution 5222, Amending the FY21 Budget to Increase the
Community Housing Fund Appropriation for $225,000 for Funding Affordable Housing Project
Grants (Donald)
06:47:35 PM (01:31:26) Staff Presentation
Director Donald presented the budgeted amount of grants and the amounts requested for affordable
housing projects.
06:48:33 PM (01:32:24) Questions of Staff
Cr. Cunningham asked about the revenue sources for the fund appropriations and the process for
receiving these requested funds.
Cr. Pomeroy asked for clarification on the specific fund and appropriated amounts.
Mayor Andrus asked about the fund balance after the appropriation requested.
06:53:12 PM (01:37:03) Public Comment
There were no public comments.
06:56:16 PM (01:40:07) Motion to approve Resolution 5222 amending the FY21 Budget to increase the
Community Housing Fund appropriation for $225,000 for funding affordable housing project grants.
Commissioner - Michael Wallner: Motion
Commissioner - Terry Cunningham: 2nd
06:56:37 PM (01:40:28) Discussion
Cr. Wallner spoke on the status of housing in Bozeman.
Cr. Cunningham spoke on the projects supported by this appropriation.
Cr. Pomeroy spoke on the increase of housing prices in Bozeman and the cooperation to provide the units
supported by this appropriation.
Mayor Andrus spoke to the importance of partnerships in providing affordable housing.
07:01:49 PM (01:45:40) Vote on the Motion to approve Resolution 5222 amending the FY21 Budget to
increase the Community Housing Fund appropriation for $225,000 for funding affordable housing project
grants. The motion passed 4-0.
Commissioner - Michael Wallner: Motion
Commissioner - Terry Cunningham: 2nd
Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
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Commissioner - Terry Cunningham: Approve
Commissioner - Michael Wallner: Approve
4. 07:02:18 PM (01:46:09) Appointments to the Impact Fee Advisory Committee (Maas)
07:02:24 PM (01:46:15) Public Comment
There were no public comments.
07:04:14 PM (01:48:04) Motion to appoint three members to the Impact Fee Advisory Committee with
terms according to their positions. Roger Davis to a term expiring December 31, 2020; Jackie McGuire to
a term expiring December 31, 2021, and James Nickleson to a term expiring December 31, 2020. The
motion passed 4-0.
Commissioner - Terry Cunningham: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
Commissioner - Michael Wallner: Approve
I. 07:05:00 PM (01:48:51) Work Session
1. 07:06:49 PM (01:50:40) Bozeman Community Plan 2020 - Project Location: The proposed
growth policy applies to the entire City and its defined planning area, Application 16521
(Saunders)
07:06:54 PM (01:50:45) Staff Presentation
CM Mihelich introduced the Community Plan (the Plan), opened the public hearing, and entered the staff
report, comment, and the plan into the record. He presented the structure of the presentation and
questions for the Commission.
Community Development Manager Chris Saunders and Planner Tom Rogers presented information about
the Plan, its relation to other adopted plans by the City, the relationships between themes, the Strategic
Plan, and the Growth Policy as the foundation for development review. They presented the history of
Bozeman’s Community Plans, context maps of planning areas, land use, what the Plan will do and how it
works. They presented the process and community engagement involved in the creation of the Plan. They
presented the resiliency and sustainability considerations and the themes within the Plan. They presented
the Plan’s approach to housing and the Future Land Use Map (FLUM). They presented the considerations
of employment and commerce, environment considerations in the Plan, and properties outside the City’s
planning area. They presented the next steps toward adoption, how to find information, and how to
comment on the Plan.
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08:06:59 PM (02:50:50) Recess
Mayor Andrus called a recess until 8:16 PM.
08:16:37 PM (03:00:28) Call to Order
Mayor Andrus called the meeting back to order.
08:20:07 PM (03:03:58) Questions of Staff
Cr. Pomeroy asked about farmland within the City planning area and how to protect it for the future.
Cr. Wallner asked about increased density, reduction of single-type housing, and how the Plan ensures
gradual and predictable increases in density.
Cr. Cunningham asked about considerations of constraining growth, where large underutilized land
exists in the City, and how to incentivize development of that land. He asked about qualified census
tracts and low-income housing tax credits.
Mayor Andrus asked about historic preservation and sense of place within neighborhoods.
Cr. Pomeroy asked about the limitation of growth by limits on water.
Cr. Wallner asked about the FLUM changes on mixed use, the consideration of a larger buffer between
National Forest land and the City, and the consideration of impact outside the City’s planning area. He
spoke to his themes for amendments to the Plan.
Cr. Cunningham asked how the Plan attempts to accommodate the goals of the Community Housing
Action Plan, he asked about industrial and commercial designations in the FLUM in the south Bozeman
area, and he asked about considerations to incentivize intense development near major employers.
Mayor Andrus asked a follow-up question related to industrial designations in the south Bozeman area
and about allowable uses in designated zones.
Cr. Pomeroy asked about infrastructure to facilitate more through-streets.
Cr. Cunningham asked about partnerships to ensure greater environmental protections effect on the
Plan, he asked about partnership with the County to coordinate growth, and asked about consideration
of oriented development to align with solar power needs.
Mayor Andrus asked about the consolidation of designations under the Urban Neighborhood category
and the elimination of single-type housing.
Cr. Pomeroy asked about the Plan’s effect on commuter traffic.
Cr. Cunningham asked the process to incorporate suggested changes and spoke to his amendment
suggestions.
09:33:39 PM (04:17:30) Public Comment
Mayor Andrus opened public comments.
09:35:05 PM (04:18:56) Taye Calder, Public Comment
Mr. Calder from Altaya Properties requested changes to the FLUM north of Durston and East of 19th
Avenue from Community Commercial Mixed-Use to Residential Mixed-Use to encourage higher density,
multi-family development.
09:37:51 PM (04:21:42) Emma Wulfhorst, Public Comment
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Ms. Wulfhorst, from NBC Montana, asked about dates for the public hearing.
09:38:56 PM (04:22:47) Will Swearingen, Public Comment
Mr. Swearingen commented on the fire risk of extending the FLUM boundary so close to the National
Forest and the need for a greater buffer to consider its effect on wildlife corridors. He commented on
the potential to push development outside of the City through the removal of the Residential Suburban
designation.
09:42:59 PM (04:26:50) Geoffrey Poole, Public Comment
Mr. Poole asked about uses with industrial designation and a legal means to limit use and commented
on his confusion of changes to uses
J. 09:48:04 PM (04:31:55) FYI/Discussion
CM Mihelich noted the next work session on October 20 and the potential adoption of the Plan on
November 17.
Cr. Cunningham asked for clarification on the process for amending the Plan.
K. 09:54:09 PM (04:38:00) Adjournment
___________________________________
Cynthia L. Andrus
Mayor
ATTEST:
___________________________________
Mike Maas
City Clerk
PREPARED BY:
___________________________________
Mike Maas
City Clerk
Approved on: March 23, 2021
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