HomeMy WebLinkAbout10-27-20 FINAL MINUTES City Commission Meeting of Bozeman, MontanaPage 1 of 10
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Tuesday, October 27, 2020
Mayor - Cynthia Andrus: Present
Deputy Mayor - Terry Cunningham: Present
Commissioner - I-Ho Pomeroy: Present
Commissioner - Michael Wallner: Absent
Commissioner - Jennifer Madgic: Present
Staff Present in the Webex: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk
(CC) Mike Maas
A. 06:00:09 PM (00:48:12) Call to Order – 6:00 PM – Webex Videoconference
B. 06:04:26 PM (00:52:29) Pledge of Allegiance and a Moment of Silence
C. 06:05:08 PM (00:53:11) Changes to the Agenda
CM Mihelich stated Action Item 4 was continued until November 10, 2020 due to a notice
publication error by the Bozeman Daily Chronicle.
D. 06:05:56 PM (00:53:58) Authorize Absence - Commissioner Michael Wallner
06:06:02 PM (00:54:05) Motion and vote to authorize the absence of Commissioner Michael Wallner.
The motion passed 4-0.
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: Absent
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Commissioner - Jennifer Madgic: Approve
E. 06:06:32 PM (00:54:35) Public Service Announcement
1. City Commission Meeting Cancelled and Closure of City Offices on Tuesday, November 3,
2020
F. 06:06:53 PM (00:54:56) FYI
• DM Cunningham noted the virtual brown bag lunch for the Climate Plan and Affordable Housing
on 10/28 11:45-1:00 PM. He noted the Impact Fee Advisory Committee meeting on 10/29 from
noon to 1 PM. He noted the ribbon cutting for the Anderson Pavilion at 2 PM on 10/30. He
noted the status of COVID-19 hospitalizations and cases in Bozeman. He noted the concerns
from Bozeman Health.
• CM Pomeroy noted the Gallatin City-County Board of Health’s meeting on 10/22 and the
continuation of efforts until January to curb the COVID-19 pandemic.
• Mayor Andrus noted the concerns of gatherings related to Halloween.
• CM Mihelich stated the efforts of an inter-agency meeting related to Election Day security
preparations in the event of any incident. He noted the Bozeman beautification awards
nominations are open until Halloween. He noted free flu shots on November 6 at the Bozeman
Public Library by appointment only. He noted that Sharon Glick won the Library Banner contest.
• Mayor Andrus noted Senator Tester announced the Montana Heritage Legacy Act to protect
portions of the Madison and Smith Rivers.
G. 06:17:54 PM (01:05:57) Commission Disclosures
DM Cunningham disclosed his wife’s letter of support for Action Item 1.
H. 06:18:51 PM (01:06:54) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Appoint a Sub-committee of Two Commissioners to Review Pledged Securities as of
September 30, 2020 (Clark)
3. Formal Cancellation of the November 3, 2020 Regular City Commission Meeting (Maas)
4. Appointment of Commissioner Jennifer Madgic to the City Planning Board and the Gallatin
Local Water Quality District Board Until January 2022 (Maas)
5. Authorize the City Manager to Sign a Public Park Easement and a Public Street and Utility
Easement with Nexus Point LLC for the Nexus Point Project (18127) (Lehigh)
6. Authorize the City Manager to Sign a Public Park Easement with Graf Apartments LLC for the
Nexus Point project (19263) (Lehigh)
7. Authorize the City Manager to Sign an Irrevocable Offer of Dedication with GMD for the
Arrowleaf PUD Project (20327) (Saunders)
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8. Authorize the City Manager to Sign an Inter-local Agreement for the Fire Department to
Continue as a Member of the Montana Firefighter Testing Consortium (Waldo)
9. Ratify the Fire Department Acceptance of a Grant for a Hazardous Materials Drone from the
Montana Department of Homeland Security (Waldo)
10. Resolution 5235, Correcting the Pole Yard Blight Study Area Map Attached to Resolution
5145 as Exhibit A (Fontenot)
11. Resolution 5236, Appoint Special Prosecutor in the Matter of MK (Sullivan)
06:18:55 PM (01:06:57) City Manager Overview
CM Mihelich presented the highlights of the consent agenda.
06:19:10 PM (01:07:12) Public Comment
Mayor Andrus opened public comments.
06:22:44 PM (01:10:47) Emily Talago, Public Comment
Ms. Talago commented on accounts payable claims. She commented on payments related to the Pole
Yard Urban Renewal Area. She requested greater transparency in the future.
06:25:39 PM (01:13:42) Motion and Vote to approve Consent Items 1-11 as submitted. The motion
passed 4-0.
Deputy Mayor - Terry Cunningham: Motion
Commissioner - Jennifer Madgic: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Terry Cunningham: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Michael Wallner: Absent
Commissioner - Jennifer Madgic: Approve
I. 06:26:11 PM (01:14:14) Public Comment
Mayor Andrus opened public comment.
06:30:14 PM (01:18:17) Emily Talago, Public Comment
Ms. Talago commented on diversity, equity, and inclusion related to CM Mihelich’s response to her
public comment last meeting related to participation on the Community Plan.
J. 06:33:03 PM (01:21:05) Special Presentation
1. FY21 First Quarter Financial Update (Donald)
06:33:30 PM (01:21:33) Staff Presentation
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Finance Director Kristin Donald presented the first quarter report from July 1 through September 30, 2020.
She presented all fund expenditures and revenues, the percentage of budgeted amounts, a comparison
to the previous year at this time, and impact fees. She presented enterprise fund expenses and revenues,
a comparison to the previous year at this time and the location where the public can find this report.
06:39:40 PM (01:27:43) Questions of staff
DM Cunningham asked about charges for services and anticipated adjustments of revenues. He
commented his appreciation for previous year comparison.
Mayor Andrus commented her appreciation for the comparisons.
K. 06:41:48 PM (01:29:51) Action Items
1. 06:41:55 PM (01:29:58) Resolution 5206, Allocating Cash-in-Lieu of Parkland Funds to
Bridger Ski Foundation Snowmaking Project at Sunset Hills Cemetery Open Space (Jadin)
06:42:35 PM (01:30:38) Staff Presentation
Parks Planning and Development Manager Addi Jadin presented the Bridger Ski Foundation’s proposal
for cash-in-lieu of parkland funds. She presented the vicinity map, the project details, the applicable
portions of the Parks, Recreation, Open Space, and Trails plan, the Sunset Hills Cemetery Master Plan,
staff’s findings, the project funding, the project’s support, and staff’s recommendation.
06:48:01 PM (01:36:04) Questions of staff
Cr. Madgic asked about public access to the snow created by this project and charges for use.
Cr. Pomeroy asked about ongoing maintenance and operating costs.
DM Cunningham asked a general question on the origin of cash-in-lieu funds and the fund balance. He
asked about the uses of the funds. He asked about the allocation of cash-in-lieu funds by geography. He
asked about the petition process and the criteria for petition approval. He asked about specifics of the
applicant’s efforts to provide access to the sport.
Mayor Andrus asked about charges for use and outreach related to use of the trails.
07:01:24 PM (01:49:27) Public comment
Mayor Andrus opened public comments.
07:04:53 PM (01:52:56) Douglas Fischer, Public Comment
Mr. Fischer commented as a volunteer for Bridger Ski Foundation’s Youth Program on the impact in the
community granted by the consistency and predictability this project will add.
07:06:55 PM (01:54:57) Evan Weiss, Public Comment
Mr. Weiss, Executive Director of Bridger Ski Foundation, commented on the funding of trails within the
City.
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07:09:54 PM (01:57:57) Jeff Wyatt, Public Comment
Mr. Wyatt commented on the effect of trails on his children’s lives.
07:11:22 PM (01:59:25) Emily Talago, Public Comment
Ms. Talago commented on the collaboration efforts of the Parks and Recreation Department.
07:12:30 PM (02:00:33) Christopher Guy, Public Comment
Mr. Guy commented on the role of snowmaking and whether snowmaking is antithetical to the City’s
Water Conservation Plan and reduction of greenhouse emissions.
07:14:38 PM (02:02:41) Motion in consideration of all public input and materials presented by staff to
date, I hereby adopt Resolution 5206 allocating $150,000 from the cash-in-lieu of parkland fund for
construction of improvements related to snowmaking at Sunset Hills Cemetery Open Space.
Commissioner - Jennifer Madgic: Motion
Commissioner - I-Ho Pomeroy: 2nd
07:15:19 PM (02:03:21) Discussion
Cr. Madgic stated her support for the motion in partnership with Bridger Ski Foundation. She stated she
understands the concerns related to water conservation. She noted the efforts of Bridger Ski Foundation
to increase accessibility.
Cr. Pomeroy stated the impact of climate change creating the need to create snow and that this is a
good use of funds for the public.
DM Cunningham commented on this project’s role in preserving Bozeman’s connection to its outdoor
activities. He noted the recreational benefit for the use of water and the support of funding by those
that can afford to do so. He stated his opinion that staff should proactively evaluate changes to parks
master plans. He will support the motion.
Mayor Andrus stated her support for the motion and agreed that those who can afford to support the
Bridger Ski Foundation should do so.
07:26:01 PM (02:14:04) Vote on the Motion in consideration of all public input and materials presented
by staff to date, I hereby adopt Resolution 5206 allocating $150,000 from the cash-in-lieu of parkland
fund for construction of improvements related to snowmaking at Sunset Hills Cemetery Open Space. The
motion passed 4-0.
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: Absent
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Commissioner - Jennifer Madgic: Approve
07:26:29 PM (02:14:31) Recess
Mayor Andrus called the meeting into recess until 7:35 PM.
07:34:56 PM (02:22:59) Call to order
Mayor Andrus called the meeting back to order.
2. 07:35:02 PM (02:23:05) Resolution 5227, Adoption of a Revised Schedule of Community
Development Fees (Saunders/Kloosterhof)
07:35:17 PM (02:23:20) Staff Presentation
Community Development Manager Chris Saunders presented the revised application fee schedule for
the annual inflationary increase. He presented the connection to the Strategic Plan and the staff
recommendation.
07:37:27 PM (02:25:30) Questions of staff
Cr. Pomeroy asked about consultation with stakeholders.
Cr. Madgic asked about planning consulting fees and the after-the-fact permit.
Mayor Andrus asked about a comparison to previous year fees.* She asked about
07:44:46 PM (02:32:49) Public Comment
There were no public comments.
07:48:25 PM (02:36:28) Motion to adopt Resolution 5227 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, 2021.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Terry Cunningham: 2nd
07:48:57 PM (02:37:00) Discussion
Cr. Pomeroy stated her support based on staff’s recommendation.
07:51:14 PM (02:39:17) Vote on the Motion to adopt Resolution 5227 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, 2021. The motion passed 4-0.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Terry Cunningham: 2nd
Mayor - Cynthia Andrus: Approve
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Deputy Mayor - Terry Cunningham: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Michael Wallner: Absent
Commissioner - Jennifer Madgic: Approve
3. 07:51:45 PM (02:39:47) Ordinance 2056, Provisional Adoption Establishing a Municipal
Percent for Art Program (Mihelich)
07:52:05 PM (02:40:07) Staff Presentation
CM Mihelich presented the connection to the Strategic Plan and Commission priorities, the City’s
effort’s in the past for public art, and the Municipal Percent for Art Program to provide for funding City
owned public art, the process for implementation, the selection criteria, maintenance and management,
and the next steps.
07:55:41 PM (02:43:44) Questions of staff
DM Cunningham asked for the origin of the Municipal Percent for Art. He asked about applicability of
the program. He asked about the first opportunities for installation. He asked about selection of a
singular artist per project. He asked about the type of art under the purview of the program. He asked
about the selection of local artists. He asked about the administration of costs.
Cr. Pomeroy asked about the funding for the sculptures in front of the Bozeman Public Library. She
asked about applicability to existing capital assets.
DM Cunningham asked about the program’s applicability to places of limited public access.
08:08:31 PM (02:56:34) Public Comment
Mayor Andrus opened this item to public comments.
08:10:57 PM (02:59:00) Marilee Brown, Public Comment
Ms. Brown commented on her desire to see the inclusion of public works projects in the program.
08:13:12 PM (03:01:15) Jim Madden, Public Comment
Mr. Madden commented on the City’s opportunity to assume a leadership role in this arena to become
a catalyst for the growth of the art community.
08:16:39 PM (03:04:42) Christopher Coburn, Public Comment
Mr. Coburn commented on the unique opportunity of the City to elevate diversity through public art. He
commented on the transformative potential of art for items that are often passed over.
08:19:04 PM (03:07:07) Steven Jackson, Public Comment
Mr. Jackson commented that the approval and selection process include the public community.
08:21:17 PM (03:09:20) Discussion
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Mayor Andrus stated the origin of the Municipal Percent for Art Program and similar efforts in other
communities and state levels. She commented on the timing for the creation of this program and the
possibilities, and goals of the program.
08:27:51 PM (03:15:54) Motion after considering the staff report, public comment, and Commission
discussion, I hereby adopt the findings contained in Ordinance 2056 and move to provisionally adopt
Ordinance 2056, establishing a Municipal Percent for Art Program.
Deputy Mayor - Terry Cunningham: Motion
Commissioner - Jennifer Madgic: 2nd
08:28:18 PM (03:16:21) Discussion continued
DM Cunningham stated his appreciation for the Mayor’s efforts to bring this program into the Strategic
Plan. He stated his concern with including Public Works projects due to funding sources. He stated his
concern with limitation to singular artists and the criteria within a request for proposals. He will support
the program.
Cr. Madgic stated her support for the program. She stated her interest in investigating the possibility to
expand the program to Public Works projects.
Cr. Pomeroy stated her support for the program.
Mayor Andrus stated her interest finding partnerships to expand the program to Public Works projects.
08:37:33 PM (03:25:35) Vote on the Motion after considering the staff report, public comment, and
Commission discussion, I hereby adopt the findings contained in Ordinance 2056 and move to
provisionally adopt Ordinance 2056, establishing a Municipal Percent for Art Program. The motion
passed 4-0.
Deputy Mayor - Terry Cunningham: Motion
Commissioner - Jennifer Madgic: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Terry Cunningham: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Michael Wallner: Absent
Commissioner - Jennifer Madgic: Approve
4. Ordinance 2055, Provisional Adoption to Create the Pole Yard Urban Renewal District and
Adopting the Pole Yard Urban Renewal District Plan with a Tax Increment Financing Provision
Pursuant to Title 7, Chapter 15, Parts 42 and 43 of the Montana Code Annotated, and Adding
Section 2.05.1860, BMC, Regarding the Pole Yard Urban Renewal Board and Section
2.06.1360, BMC, Regarding the Pole Yard Urban Renewal District (Fontenot)
ITEM CONTINUED TO NOVEMBER 10, 2020
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5. 08:38:14 PM (03:26:17) Appointments to the Design Review Board (Maas)
08:38:23 PM (03:26:26) Public comment
There were no public comments.
08:41:50 PM (03:29:53) Motion and Vote to appoint Paul East to the Design Review Board, non-
professional position, with a term ending June 30, 2022, Brady Ernst to the Design Review Board,
Architect position, with a term ending June 30, 2022, and Allison Bryan to the Design Review Board,
Architect position, with a term ending June 30, 2021.
Deputy Mayor - Terry Cunningham: Motion
Commissioner - Jennifer Madgic: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Terry Cunningham: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Michael Wallner: Absent
Commissioner - Jennifer Madgic: Approve
6. 08:42:50 PM (03:30:52) Appointments to the Bozeman Downtown Business Improvement
District Board (Maas)
08:42:57 PM (03:31:00) Public Comment
There were no public comments.
08:45:15 PM (03:33:17) Motion and Vote to appoint Mike Basile and Susan Neubauer to the Bozeman
Downtown Business Improvement District Board to terms ending June 30, 2024.
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: Absent
Commissioner - Jennifer Madgic: Approve
L. 08:45:59 PM (03:34:02) FYI/Discussion
• CM Mihelich responded to public comments on fiscal reporting of claims, the contract related to
the blight study, and the exemptions for the Municipal Percent for the Art Program.
• Mayor Andrus noted that City offices will be closed on November 3 and there will be no City
Commission meeting that evening. She reminded everyone to vote.
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M. 08:49:37 PM (03:37:39) 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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