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Home My WebLink About05-25-21 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, May 25, 2021 Page 1 of 8 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, May 25, 2021 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn, Michael Wallner Absent: None Staff Present in the Webex: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A) 00:01:31 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:04:26 Pledge of Allegiance and a Moment of Silence C) 00:04:59 Changes to the Agenda • There were no changes to the agenda. D) Authorize Absence E) 00:05:17 Public Service Announcements E.1 City of Bozeman Offices will be closed on May 31 in observance of Memorial Day. There will be no City Commission meeting on June 1. Garbage collection service will be one day late for the week. F) 00:05:41 FYI • CM Mihelich provided an update on the efforts related to Swim Center hours and hiring lifeguards. He provided an update on the equity indicators project and that over 900 responses have been received, and the team has met with over 50 partners of local organizations, focus groups, and interviews. G) 00:08:03 Commission Disclosures • DM Cunningham disclosed he has had communication with the applicant for Blackwood groves related to the removal of Inclusionary Zoning. H) 00:08:57 Consent DocuSign Envelope ID: 3CD411FD-859F-4AE5-B5D1-9CD7604F6D03 Bozeman City Commission Meeting Minutes, May 25, 2021 Page 2 of 8 H.1 Accounts Payable Claims Review and Approval H.2 Notice of Award to Highland Construction for the Front Street Connector Pathway Project Front_Street_Connector_Trail_Notice_of_Award.pdf Front_Street_Connector_Trail_Bid_Recommendation_051021.pdf Front_Street_Bid_Tab_051021_ForCity.pdf H.3 Approve a Final Plat for the Bridger Vale Subdivision and Authorize the Director of Public Works to Execute the Same on Behalf of the City of Bozeman; the Director of Community Development to Execute the Improvements Agreements on Behalf of the City of Bozeman, Application 20281 20281 Bridger Vale Final Plat Staff Transmittal.docx Bridger Vale Final Plat.pdf H.4 Authorize the City Manager to Sign a Monitoring Well Access Easement and Agreement and the First Amendment to Declaration of Institutional Controls for the Bridger Vale Annexation with Bridger Vale LLC for the Bridger Vale PUD Project (20294) Monitoring Well Access Easement and Agreement First Amendment to Declaration of Institutional Controls H.5 Ratify the Signature of the City Manager for a Temporary Road Permit/Access and Reimbursement Agreement for Irrigation Infrastructure Improvements with Marianne Liebmann and Steve Liebmann at the Liebmann Property Addressed as 8518 Nash Road Liebmann Access & Reimbursement Agmt_fully executed H.6 Authorize the City Manager to Sign a Memorandum of Understanding Between City of Bozeman, Human Resource Development Council and Western Transportation Institute for the Safe Routes to Parks Grant Safe Routes to Parks - MOU.docx H.7 Authorize the City Manager to Sign a License Agreement for the Use of City Property by Headwaters Community Housing Trust LicenseAgmt StoryMillRd.docx ExhibitC_BV PARK GRADING.pdf Exhibit A_StoryMillRdLinearPark-LegalDescription.pdf H.8 Authorize the City Manager to Sign a Restoration Agreement with the Headwaters Community Housing Trust for Utility Relocation Adjacent to Bridger View Development 2021-05.RestAgmt-StoryMillRdLinearPark-HCHT.docx HRDC Redevelopment_Waiver Valuation_2020-8-24.pdf H.9 Authorize the City Manager to Sign a Professional Services Agreement with Clean Slate Group, LLC for Graffiti Removal Services Graffiti Abatement Services PSA Exhibit A - Scope of Services and Prices H.10 Authorize the City Manager to Sign an Amendment to Montana Department of Commerce, Big Sky Economic Development Trust Fund Program Grant Award to the MeatEater, Inc, Contract # MT-BSTF-1-21-01 MeatEater City letter to DoC extension.pdf MeatEater DoC Award letter.pdf MeatEater #2 Amended -Bus Assist Agreemt-Mgmt Plan.pdf Montana_Department_of_Commerce_Contract_MT-B (12)-unsigned.pdf 05-25-21 BSTF MeatEater Budget Amendment 5-10-21.pdf H.11 Authorize the City Manager to Sign an Amendment 12 with Morrison-Maierle for the North 7th Avenue Lighting and Sidewalk Project, Engineering Contract DocuSign Envelope ID: 3CD411FD-859F-4AE5-B5D1-9CD7604F6D03 Bozeman City Commission Meeting Minutes, May 25, 2021 Page 3 of 8 0417.063 Amendment #12.pdf H.12 Resolution 5307 Authorizing Change Order No. 3 to the North 7th Avenue Streetscape Project Resolution 5307 N 7th Streetscape Change Order 3.docx 20-009 N 7th - CO3 REVISED 042321_final_TSI-MMI Signed.pdf N.7th-2020-Bulletin#2-2020-09-23.pdf N.7th-2020-Bulletin#3-2020-04-21.pdf.pdf H.13 Resolution 5309, Notifying Gallatin County of Mail Ballot Election with Return Costs Paid for November 2021 General Election Resolution 5309 Notifying the Election Administrator of Mail Ballot and Return Postage.docx H.14 Ordinance 2075, Final Adoption to Rezone 6.99 Acres from R-O, Residential Office District to R-5, Residential Mixed-Use High Density District, Application 20389 Ordinance 2075 Nexus Point 2021 ZMA No 20389.docx NexusPoint2021ZMAExhibit041621.pdf 00:09:03 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:10:59 Public Comment There were no public comments on the Consent Agenda. 00:13:41 Motion consent items 1 - 14 as submitted. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:13:53 Vote on the Motion to approve consent items 1 - 14 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I) 00:14:14 Public Comment Mayor Andrus opened general public comment. 00:16:25 Susan Riggs, Public Comment Susan Riggs commented on Board Consolidation and the requirements for the Community Development Board. 00:18:06 Alley Engelbrecht, Public Comment DocuSign Envelope ID: 3CD411FD-859F-4AE5-B5D1-9CD7604F6D03 Bozeman City Commission Meeting Minutes, May 25, 2021 Page 4 of 8 Alley Engelbrecht commented on behalf of Southwest Montana chapter of the National Young Farmers Coalition on the importance of a City-County Food Council for the preservation of local farmers and continuing the ideas of local food security. 00:19:40 Jerry Pape, Public Comment Jerry Pape commented on the Board Consolidation. He commented the need for Boards to vote for their own officers, his concern related to term limits, and identified that other communities include Economic Development functions with Planning and Zoning Boards. He expressed the concern of the number of applications that may come before the proposed Community Development Board. J) 00:24:44 Action Items J.1 00:24:45 City Manager Recommended FY22 Budget- Enterprise and Internal Service Funds' Highlights 00:25:04 Staff Presentation CM Mihelich introduced the presentation and Finance Director Kristin Donald presented enterprise and internal service funds; she presented the Public Works Administration Fund expenditures by division. 00:31:18 Questions of Staff 00:37:53 Staff Presentation continued Director Donald presented the Water Fund, trends, revenues, expenditures, and detail by division. She presented the Wastewater Fund, trends, revenues, expenditures, and detail by division. She presented the Stormwater Fund, trends, revenues, expenditures, and detail by division. 00:51:06 Questions of Staff 01:14:10 Staff Presentation continued Director Donald presented the Solid Waste Fund, revenues, expenditures, and detail by division. 01:17:13 Questions of Staff 01:23:39 Staff Presentation continued Director Donald presented the Parking Fund, revenues, expenditures, and detail of the division. CM Mihelich presented a summary of the enterprise and internal service funds and the upcoming schedule of presentations. 01:27:03 Questions of Staff and Comments 01:35:30 Public Comment Mayor Andrus opened public comment on this item. 01:38:47 Emily Talago, Public Comment Emily Talago commented on vehicle maintenance as the most efficient use. J.2 01:40:13 Resolution 5303 Approving a Project in the Bozeman Midtown Urban Renewal District, Known as the 9TEN Project, as an Urban Renewal Project, Making Findings with Respect Thereto and Approving the Use of Tax Increment Revenues or Tax DocuSign Envelope ID: 3CD411FD-859F-4AE5-B5D1-9CD7604F6D03 Bozeman City Commission Meeting Minutes, May 25, 2021 Page 5 of 8 Increment Revenue Bonds to Pay, Reimburse or Finance Eligible Costs Thereof; Approving a Related Development Agreement; and Making a Reimbursement Declaration Commission Memorandum for Resolution 5303 9TEN.docx Resolution 5303 approving 9TEN project.docx BZN Development Agreement -- 9TEN.v5.docx Midtown URD Board Staff Report and Supporting Material 20210401.pdf 01:40:23 Staff Presentation Urban Renewal Program Manager David Fine presented a background of the Midtown Action Plan and the Midtown TIF Assistance Program. He presented the 9TEN project, it's affordable housing units, the site context, developer costs to be reimbursed through TIF, the fiscal effects, the required findings, a summary of Resolution 5303, and the recommended motion. 01:50:07 Questions of Staff 02:11:13 Public Comment Mayor Andrus opened this item for public comments. 02:13:36 Kevin Thane, Public Comment Kevin Thane, member of CAHAB, speaking as an individual commented as an example of initiative by the City to provide housing using TIF funds. He suggested the City missed the boat by not having the units be owner-occupied and lacks controls for rent of the units. 02:15:42 Emily Talago, Public Comment Emily Talago, member of Midtown TIF Urban Renewal Board, commented she voted in favor; but, as a resident of the Midtown stated the City needs to stop using the term "affordable housing." She commented on the use of bonding as the wrong tool and the cost shifts associated with the use of TIF. She commented on the developer's financial interest. 02:20:50 Additional Questions of Staff 02:23:29 Motion Incorporating the information and findings in the April 1, 2021 staff report to the Midtown Urban Renewal Board, the staff memorandum to the City Commission, oral findings made by the Commission during the public hearing, information and findings contained in the proposed resolution, and after considering public comment, I hereby move to adopt Resolution 5303. Jennifer Madgic: Motion Christopher Coburn: 2nd 02:23:37 Discussion 02:33:58 Vote on the Motion Incorporating the information and findings in the April 1, 2021 staff report to the Midtown Urban Renewal Board, the staff memorandum to the City Commission, oral findings made by the Commission during the public hearing, information and findings contained in the proposed resolution, and after considering public comment, I hereby move to adopt Resolution 5303. The Motion carried 5 – 0. DocuSign Envelope ID: 3CD411FD-859F-4AE5-B5D1-9CD7604F6D03 Bozeman City Commission Meeting Minutes, May 25, 2021 Page 6 of 8 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:34:23 Meeting went into Recess Mayor Andrus called the meeting to recess. 02:34:46 Meeting Reconvened Mayor Andrus called the meeting back to order. J.3 02:34:45 Blackwood Groves Major Subdivision Preliminary Plat, Application 20447 (Quasi-judicial) 20447 CC Staff Report.docx 02:34:55 Disclosure DM Cunningham disclosed communications with the applicant related to the removal of inclusionary zoning. 02:35:41 Staff Presentation Associate Planner Sarah Rosenberg entered the staff report into the record. She presented the vicinity of the project, the master site plan, the phasing plan, the preliminary plat, the watercourse and wetlands, the parks plan, trail connections, a summary of public comments, and the recommendations of the Planning Board and staff's recommended motions. 02:47:28 Questions of Staff 03:05:36 Application Presentation Grant Syth from Bridger Builders, Rob Pertzborn from Intrinsik Architecture, and Robb Berg presented the application. They presented the project site, the parks and open space in proximity, the site analysis, the green plan, proposed land uses, block frontages, road cross sections, project phasing, pedestrian accessible space, park amenities, and improvements in lieu summary. 03:19:52 Staff Clarification 03:20:43 Questions of Applicant 03:34:50 Staff Clarification 03:45:15 Motion to a date uncertain pending noticing. Christopher Coburn: Motion I-Ho Pomeroy: 2nd DocuSign Envelope ID: 3CD411FD-859F-4AE5-B5D1-9CD7604F6D03 Bozeman City Commission Meeting Minutes, May 25, 2021 Page 7 of 8 03:45:17 Vote on the Motion to continue to a date uncertain pending noticing. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K) 03:45:54 Work Session K.1 Direction to the City Manager on Moving Forward with Consolidation of City Boards to Align with the City's Adopted Strategic Plan Board Consolidation Proposal Staff Memorandum May 25, 2021.docx Board Appendix A.docx 03:46:22 Staff Presentation CM Mihelich presented staff's proposal for Board consolidation. 03:55:21 Meeting Extended Mayor Andrus extended the meeting until 10:10 PM. 03:55:26 Staff Presentation continued CM Mihelich presented how current duties align within the consolidated boards. He presented that some board roles and qualifications that are required by statute. He presented next steps in the process. 04:04:32 Meeting Extended Mayor Andrus extended the meeting until 10:15 pm. 04:04:44 Discussion L) FYI / Discussion M) 04:09:58 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk DocuSign Envelope ID: 3CD411FD-859F-4AE5-B5D1-9CD7604F6D03 Bozeman City Commission Meeting Minutes, May 25, 2021 Page 8 of 8 PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: June 8, 2021 DocuSign Envelope ID: 3CD411FD-859F-4AE5-B5D1-9CD7604F6D03