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Home My WebLink About06-08-21 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, June 8, 2021 Page 1 of 12 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES June 8, 2021 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Staff Present in the WebEx: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Jesse DiTommaso A) 00:00:02 Call to Order - 6:00 PM - Via WebEx Video Conference B) 00:02:41 Pledge of Allegiance and a Moment of Silence C) 00:03:16 Changes to the Agenda • There were no changes to the agenda. D) 00:03:26 Public Service Announcements D.1 00:03:30 Introduction of New Human Resources Director and the Interim Public Works Director • CM Mihelich introduced the new Human Resource Director, Cassandra Tozer, and the Interim Public Works Director, Scott Shirley. E) 00:07:48 FYI • Mayor Andrus noted the Design Review Board meeting on June 9, 2021, the Parks and Recreation Board meeting on June 10, 2021, and the Parking Commission meeting on June 10, 2021. • Cr. Coburn acknowledged the work done to hold the National Trails Day event on June 5-6, 2021. F) 00:09:01 Commission Disclosures • There were no commission disclosures. G) 00:09:14 Approval of Minutes G.1 Approve the Regular Meeting Minutes from: DocuSign Envelope ID: 33113B77-59BE-45A3-8045-61C43A7A0E1B Bozeman City Commission Meeting Minutes, June 8, 2021 Page 2 of 12 January 27, 2020 February 10, 2020 May 4, 2021 May 11, 2021 May 18, 2021 May 25, 2021 01-27-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.pdf 02-10-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.pdf 05-04-21 FINAL MINUTES City Commission Meeting.pdf 05-11-21 FINAL MINUTES City Commission Meeting.pdf 05-18-21 FINAL MINUTES City Commission Meeting.pdf 05-25-21 FINAL MINUTES City Commission Meeting.pdf 00:09:31 Motion To approve minutes from January 27, 2020, February 10, 2020, May 4, 2021, May 18, 2021, and May 25, 2021. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:09:58 Vote on the Motion to approve minutes from January 27, 2020, February 10, 2020, May 4, 2021, May 18, 2021, and May 25, 2021. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H) 00:10:21 Consent H.1 00:16:41 Accounts Payable Claims Review and Approval H.2 Authorize the Mayor to Sign a Montana Department of Commerce Big Sky Economic Development Trust Fund Program Contract (Contract # MT-BSTF-01-21-19) and Authorize the City Manager to Execute Additional Documents Required to Facilitate and Manage the Amended Grant Award for Profitable Ideas, Inc. Exhibit 1 Bozeman - Profitable Ideas Inc. - Award Letter.pdf Exhibit 2 Follow Up Letter -Profitable Ideas Inc.pdf Exhibit 3 PIE #2 Business Assistance Agreement-Mangement Plan.pdf Exhibit 4 Contract_MT-BSTF-1-21-19_Bozeman_PIE_2.pdf Exhibit 5 PIE BSTF Grant Award Budget Amendment 5-25-21.pdf H.3 Authorize the City Manager to Sign a Grant Agreement with Gallatin Watershed Council for Interpretive Signage Project 2020 GWC - CILP Grant Agreement.docx ExhibitA_2020 GWC - CILP Grant Application.pdf DocuSign Envelope ID: 33113B77-59BE-45A3-8045-61C43A7A0E1B Bozeman City Commission Meeting Minutes, June 8, 2021 Page 3 of 12 Resolution 5239 - GWC 2020 Interpretive Signage CILP.pdf H.4 Authorize the City Manager to Sign a Notice of Award and Contract Documents for the 2021 Curb Replacement Project to Treasure State, Inc. for the Purpose of Replacing Curb and Gutter on West Garfield Street Bid Sheet - 2021 Curb Replacement Project.pdf AWARD.docx H.5 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with SwissDetail, Inc for the Swiss Plaza, Phase 1 Project (20372) Irrevocable of Dedication H.6 Authorize the City Manager to Sign a Drainage Easement, Public Utility Easement and Utility Easement with Gallatin Mall Group, LLC for the Gallatin Valley Mall Redevelopment Project (20412) Public Utility Easement Utility Easement Drainage Easement H.7 Authorize the City Manager to Sign a Utility Easement for Telephone, Electric Power, Gas, Internet, Cable Television or Other Similar Utilities or Services with J&D Customs, Inc. for the Delta Gamma House (20170) Utility Easement H.8 Authorize the City Manager to Sign a Public Light Pole Utility Easement with Sleepy Eye, LLC for the Pedestrian Street Lighting Along North Rouse Between Main Street and the Alley Public Light Pole Easement H.9 Authorize the City Manager to Sign a Public Utility Easement and Agreement and a Utility Easement with Elaine S Locati for the Cattail Condos Site Plan (20435) Utility Easement/Public Utility Easement and Agreement H.10 Authorize the City Manager to Sign a Maintenance Agreement with the Montana Department of Transportation (MDT) for Operation and Maintenance of Decorative Lighting on Rouse Avenue from Main to Lamme City/State Memorandum of Agreement H.11 Authorize the City Manager Sign a Purchase Agreement with Western Systems for Kagy HAWK Signal Electronics Purchase Agreement H.12 Authorize the City Manager Sign a Purchase Agreement with Lumen FX for Kagy HAWK Signal Poles Purchase Agreement.pdf H.13 Authorize the City Manager to Sign a Professional Services Agreement with Stahly Engineering & Associates, Inc. for the Bozeman Sports Park Project Attachment A Professional Service Agreement Stahly Engineering & Associates.pdf H.14 Authorize the City Manager to Sign a Professional Services Agreement with KLJ for the North 15th Avenue Improvements from Patrick to Tschache Construction Management and Inspection Services Contract North 15th Ave. Professional Services Agreement.pdf H.15 Authorize the City Manager to Sign Sanderson Stewart Term Contract Task Orders NE2021-003, NP2021-001, and PY2021-001 for TIF Assistance Program Development Services for the Northeast, North Park, and Pole Yard Urban Renewal Districts URD Task Order Form NE21-003.docx NE21-003_TIF_Assistance_SOW_051421.pdf DocuSign Envelope ID: 33113B77-59BE-45A3-8045-61C43A7A0E1B Bozeman City Commission Meeting Minutes, June 8, 2021 Page 4 of 12 URD Task Order Form NP21-001.docx NP21-001_TIF_Assistance_SOW_051421.pdf PY21-001 Task Order Form.docx PY21-001_TIF_Assistance_SOW_051421.pdf H.16 Resolution 5310, Appointing Health Officer Resolution 5310 Appointing Health Officer.pdf Board of Health Res. No. 2021-005.pdf Criteria for Hiring Lori Christenson.pdf H.17 Ordinance 2060, Provisional Adoption of the NorthWestern Energy Glen Lake 2021 Zone Map Amendment to Amend the Zoning Map on 5.46 Acres From Public Lands and Institutions PLI to Light Manufacturing M-1 Located on the West Side of the Northernmost Extent of North Rouse Avenue North of Griffin Drive, Application 21011 21011 NWE Glen Lake ZMA 2060.docx Northwestern_East_Parcel_Zoning_Exhibit_05-11-21.pdf 00:10:27 City Manager Introduction. • CM Mihelich provided the highlights of the Consent Agenda. 00:11:03 Public Comment on Consent Agenda I and Consent Agenda II. • Mayor Andrus opened the Consent Agenda I and the Consent Agenda II items for public comment. 00:13:31 Lily Wright, Public Comment • Lily Wright wished to comment during general public comment. 00:14:23 Emily Talago, Public Comment • Emily Talago commented in opposition to the language in Item I2, specifically the use of the word "standards". She commented that she feels it is a missed opportunity to reach city goals. She feels there was not enough attention given to the changes in all zoning districts. 00:16:36 Motion Consent items 1-17 as submitted. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:16:45 Vote on the Motion to approve Consent items 1-17 as submitted. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None DocuSign Envelope ID: 33113B77-59BE-45A3-8045-61C43A7A0E1B Bozeman City Commission Meeting Minutes, June 8, 2021 Page 5 of 12 I) Consent II: Items Acted Upon Without Prior Unanimous Approval I.1 Ordinance 2070, Final Adoption of Form and Intensity Standards Update Text Amendment to Revise the Bozeman Municipal Code to Increase the Allowable Height in Several Zoning Districts to Account for a Change in Construction Industry Standards and to Increase the Height in R-O and B-2 to Allow for an Additional Story, Reduce the Number of Roof Pitch Categories and Change the Location of Commercial Front Setback Designations. Revise Affected Sections to Implement the Revisions Ordinance 2070 Form & Intensity Standards Update.pdf Ordinance 2070 Form & Intensity Standards Update Final Adoption Memo.pdf I.2 Ordinance 2074, Final Adoption of Repealing and Replacing Division 38.270 – Improvements and Guarantees of the Bozeman Municipal Code to Require Sidewalk Installation within the Timeframes that All Other Infrastructure is Installed, Allow More Flexibility to Concurrently Construct Infrastructure and Development Projects, and Generally Clean Up the Code FINAL ADOPTION Ordinance 2074 Div 38 270 Improvements and Guarantees.pdf 00:17:11 Motion Consent II Items, number one and two as submitted. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:17:21 Vote on the Motion to approve Consent II Items, number one and two as submitted. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J) 00:17:51 Public Comment 00:20:12 Lily Wright, Public Comment • Lily Wright commented in regards to using the American Rescue Plan Act funding received by the City for other needs in the community such as affordable housing, mental health care, healthcare in general, and food security. K) 00:23:03 Action Items K.1 00:23:07 Blackwood Groves Major Subdivision Preliminary Plat, Application 20447 (Quasi-Judicial) 20447 CC Staff Report June 8 updated.pdf 00:23:07 City Manager Introduction DocuSign Envelope ID: 33113B77-59BE-45A3-8045-61C43A7A0E1B Bozeman City Commission Meeting Minutes, June 8, 2021 Page 6 of 12 00:24:57 Mayor Andrus reopened the public hearing on Blackwood Groves. 00:25:02 Public Comment • Mayor Andrus opened the item for public comment. 00:26:40 Marilee Brown, Public Comment • Marilee Brown commented on behalf of Gallatin Alliance for Pathways (GAP) in opposition to the proposed bike path that is not separated from the road. She added a request to require a 10 foot wide multi-user separated pathway along all busy highways. 00:30:51 Clarification from Staff 00:33:17 Clarification from Applicant 00:34:39 Additional questions from Commission 00:39:44 Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20292 and 20447 related to the Blackwood Groves Park Master Plan and move to approve the Park Master Plan with conditions and subject to all applicable code provisions. Jennifer Madgic: Motion Christopher Coburn: 2nd 00:40:27 Discussion • Cr. Madgic spoke in support of the motion due to the scale and thoughtfulness of the design. She noted it meets the Montana Subdivision and Platting Act, the Community Plan and Growth Policy. • Cr. Coburn spoke in support of the motion and noted it seems to be appropriate, if not excessive, use of in-lieu improvements. • Cr. Pomeroy spoke in agreement with fellow commissions and the staff findings, especially this project will not affect agriculture or agriculture water use facilities. • DM Cunningham feels the improvements in-lieu make up for the 2 acre short fall in open space. • Mayor Andrus spoke in support of the motion and the thought given to preservation of wetlands. 00:47:19 Vote on the Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20292 and 20447 related to the Blackwood Groves Park Master Plan and move to approve the Park Master Plan with conditions and subject to all applicable code provisions. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic DocuSign Envelope ID: 33113B77-59BE-45A3-8045-61C43A7A0E1B Bozeman City Commission Meeting Minutes, June 8, 2021 Page 7 of 12 Christopher Coburn Disapprove: None 00:47:47 Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20447 and move to approve the subdivision with conditions and subject to all applicable code provisions. Jennifer Madgic: Motion Christopher Coburn: 2nd 00:48:15 Discussion • Cr. Madgic spoke in support of the motion for the reasons previously stated. • Cr. Coburn spoke in support of the motion. • Cr. Pomeroy will be supporting this motion. • DM Cunningham spoke in support of the motion. He added that he would like to see the cottage housing units be eligible for down payment assistance. 00:55:42 Vote on the Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20447 and move to approve the subdivision with conditions and subject to all applicable code provisions. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K.2 00:56:11 Resolution 5305, Modification of Special Improvement Lighting District #460 for N 7th Avenue Resolution 5305-Modify SILD 460-N 7th Avenue.doc 00:56:14 City Manager Introduction 00:56:35 Staff Presentation • Finance Director Kristin Donald presented the Modification of SILD 460 on N. 7th Avenue. She highlighted the fixtures to be installed, a map of the district, the lighting assessment estimations. She noted this is a public hearing and reviewed the public comments. 00:58:17 Questions of Staff DocuSign Envelope ID: 33113B77-59BE-45A3-8045-61C43A7A0E1B Bozeman City Commission Meeting Minutes, June 8, 2021 Page 8 of 12 01:02:16 Public Comment • There were no public comments on this item. 01:04:57 Motion Approve Commission Resolution Number 5305, Modification of Special Improvement Lighting District #460 for N 7th Avenue. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 01:05:16 Discussion • Cr. Coburn spoke in support of the motion and noted it is inline with the strategic plan and had no public comments. • Cr. Pomeroy will be supporting the motion. • DM Cunningham will be supporting the SILD for the reasons stated by his colleagues. • Cr. Madgic will be supporting this motion. • Mayor Andrus will be supporting the motion. 01:06:25 Vote on the Motion to approve Commission Resolution Number 5305, Modification of Special Improvement Lighting District #460 for N 7th Avenue. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K.3 01:06:46 FY22 City Manager Recommended Budget- General Fund Presentation Streamline request.pdf HAVEN request.pdf Outside Entity Requests Summary.pdf 01:06:57 CM Introduction • City Manager Mihelich and Finance Director Kristin Donald presented the item. CM Mihelich provided a definition of the general fund, the general fund revenues, and general fund expenditures. He highlighted salaries and benefits along with a pay philosophy and noted the general fund personnel factors. They went through the general fund reserve balance, the general fund by department compared to all funds. He presented a look forward, specifically with the Bozeman Public Safety Center and the end of special Covid Funding. 01:14:07 Finance Director Kristin Donald presented the general government division budget. • Finance Director Donald provided the budget and performance measures for the City Commission, the City Manager, the City Clerk, the City Attorney, Finance, Facilities, IT, Human Resources, and Municipal Court. DocuSign Envelope ID: 33113B77-59BE-45A3-8045-61C43A7A0E1B Bozeman City Commission Meeting Minutes, June 8, 2021 Page 9 of 12 01:20:12 Questions on General Government Division Budget 01:48:03 Public Safety Budget Presentation • Finance Director Donald went over the police budget, details of the personnel increase, police performance measures. She reviewed the fire budget and fire performance measures. 01:51:14 Questions on Public Safety 02:19:33 Meeting went into recess. • Mayor Andrus called the meeting to recess. 02:25:05 Meeting Reconvened • Mayor Andrus called the meeting back to order. 02:25:10 Finance Director Donald presented the public welfare portion of the budget. • Finance Director Donald reviewed the recreation budget and performance measures, the Cemetery budget and performance measures, the Library budget and performance measures, the general fund portion of the economic development budget and performance measures, and the sustainability division of strategic services budget and performance measures. 02:30:17 Questions regarding public welfare portion of the budget. 02:38:52 Finance director Donald presented the non-departmental budget. • Finance Director Donald noted what is involved in the non-departmental budget. She went over non-departmental outside entity funding. CM Mihelich wrapped up with the typical city residential property annual costs adjustments and a budget calendar moving forward. 02:42:52 Questions and Final Comments 02:43:30 Public Comment • Mayor Andrus opened this item for public comment. 03:12:30 Lander Cooney, Public Comment • Lander Cooney, the CEO of Community Health Partners, requesting the City Commission fully funding Streamline's $400,000 funding request. 03:15:13 Sunshine Ross, Public Comment • Sunshine Ross, the Streamline Director, requested the City fully funding Streamline's $400,000 funding request. DocuSign Envelope ID: 33113B77-59BE-45A3-8045-61C43A7A0E1B Bozeman City Commission Meeting Minutes, June 8, 2021 Page 10 of 12 03:18:26 Ralph Zimmer, Public Comment • Ralph Zimmer, speaking on behalf of the Bozeman Area Pedestrian and Traffic Safety Committee, commented requesting an increase in funds for non-motorized vehicle infrastructure. He also commented it is dangerous to have bicyclist on sidewalks. 03:22:57 Vanessa Palmer, Public Comment • Vanessa Palmer, HRDC's transportation program manager, commented requesting fulfilling Streamline's $400,000 request. 03:26:13 Evan Rainey, Public Comment • Evan Rainey commented in opposition to purchasing a new police car and having officers engage with the community on foot. • K.4 03:29:34 Eastlake Professional Center Minor Subdivision Preliminary Plat, Application 21-016, for the Subdivision of 7.65 Acres into Four (4) Developable Commercial Lots, and Easements, Zoned B-2M. Eastlake Professional Center - Preliminary Plat 05-21-2021.pdf 21016 Eastlake Professional Center PP SR.pdf 03:29:37 CM Introduction 03:29:51 Staff Presentation • Jacob Miller, Assistant City Planner, presented the Eastlake Professional Center Preliminary Plat. He entered the staff report and public comments into the record. He provided the map and zoning. He provided a snapshot of the area. He noted the access roads. He presented the preliminary schematic of the site plan, a current land use map and clarified it is not vacant land. He presented the community plan future land use map. He showed the Phase 1 part of the construction plan. He noted it was properly noticed, there were two public comments and gave the recommended motion. 03:39:06 Questions of Staff 03:44:46 Applicant Presentation • Rob Pertzborn, Ryan Krueger, and Alex Edwards presented the layout of the area, he highlighted the Davis Lift Station. He provided a pictures of the project area, the future land use map, zoning and the plat drawing. He also provided the concept plan. He described the surrounding area plans. He noted how this project will fit in to the Community Plan and how the climate plan influenced the design. The reviewed preliminary plat review criteria. 03:51:48 Questions of Applicant 03:55:51 Public Comments 03:57:27 Evan Rainy, Public Comment DocuSign Envelope ID: 33113B77-59BE-45A3-8045-61C43A7A0E1B Bozeman City Commission Meeting Minutes, June 8, 2021 Page 11 of 12 • Evan Rainey commented on suburban sprawl and the need for density. 04:00:36 Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 21016 and move to approve the Eastlake Professional Center Minor Subdivision with conditions and subject to all applicable code provisions. Terry Cunningham: Motion Jennifer Madgic: 2nd 04:01:00 Discussion • DM Cunningham agreed with the staff findings. He noted the 3 public comments. • Cr. Madgic spoke in support of the motion. • Cr. Coburn spoke in support of the motion. • Cr. Pomeroy spoke in support of the motion. • Mayor Andrus spoke in support of the motion. 04:07:10 Vote on the Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 21016 and move to approve the Eastlake Professional Center Minor Subdivision with conditions and subject to all applicable code provisions. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None L) 04:07:31 Appointments L.1 04:07:36 Appointment to the Library Board of Trustees 05-20-21 CAB Application - K. Spencer, reapplicant.pdf 04:07:38 Public Comment • There were no public comments on this item. 04:09:51 Motion I move to appoint one member, Ken Spencer, to the Library Board of Trustees with a term ending June 30, 2026. Terry Cunningham: Motion Jennifer Madgic: 2nd 04:10:08 Vote on the Motion I move to appoint one member, Ken Spencer, to the Library Board of Trustees with a term ending June 30, 2026. The Motion carried 5 - 0 DocuSign Envelope ID: 33113B77-59BE-45A3-8045-61C43A7A0E1B Bozeman City Commission Meeting Minutes, June 8, 2021 Page 12 of 12 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None M) 04:10:30 FYI / Discussion N)04:10:40 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: __________________________________ Jesse DiTommaso Deputy City Clerk DocuSign Envelope ID: 33113B77-59BE-45A3-8045-61C43A7A0E1B