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Home My WebLink About07-13-21 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, July 13, 2021 Page 1 of 9 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES July 13, 2021 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic Absent: Commissioner Coburn Staff Present in the Webex: City Manager (CM) Mihelich, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Jesse DiTommaso A) 00:03:09 Call to Order - 6:00 PM - WebEx Video Conference B) 00:03:18 Pledge of Allegiance and a Moment of Silence C) 00:03:44 Changes to the Agenda • There were no changes to the agenda. D) 00:04:05 Authorize Absence D.1 00:04:06 Authorize the Absence of Commissioner Coburn 00:04:11 Motion I move to approve the absence of Commissioner Coburn. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:04:24 Vote on the Motion to approve I move to approve the absence of Commissioner Coburn. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081 Bozeman City Commission Meeting Minutes, July 13, 2021 Page 2 of 9 G) 00:04:43 Approval of Minutes G.1 Approve the Regular Meeting Minutes From: June 8, 2021 June 15, 2021 June 22, 2021 06-08-21 DRAFT MINUTES City Commission Meeting of Bozeman, Montana.docx 06-15-21 DRAFT MINUTES City Commission Meeting of Bozeman, Montana.docx 06-22-21 DRAFT Minutes City Commission Meeting.docx 00:04:50 Motion I move to approve the combined City Commission minutes as submitted. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:05:03 Vote on the Motion I move to approve the combined City Commission minutes as submitted. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None E) 00:05:31 FYI • CM Mihelich highlighted the Office of Management and Budget has abandoned the idea of changing the size of a metropolitan area from 50,000 to 100,000. F) 00:07:41 Commission Disclosures • There were no commission disclosures. H) 00:07:50 Consent H.1 Accounts Payable Claims Review and Approval H.2 Approve the Allison Phase 4B Subdivision Final Plat, South 11th Avenue and Arnold Street, Application 20430 (Quasi-Judicial) 20430 Allison 4B FP Sheet 1 of 3.pdf 20430 Allison 4B FP Sheet 2 of 3.pdf 20430 Allison 4B FP Sheet 3 of 3.pdf Findings of Fact and Order - Allison Phase 4 Major Subdivision Preliminary Plat 19002.pdf 20430 Allison FP staff report.pdf H.3 Authorize the City Manager to Sign a Utility Easement for Telephone, Electric Power, Gas, Internet, Cable Television or Other Similar Utilities or Services for the New Age Artisan MOD (21128) Utility Easement DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081 Bozeman City Commission Meeting Minutes, July 13, 2021 Page 3 of 9 H.4 00:08:17 Authorize the Mayor to Sign a Memorandum of Understanding with Montana State University (MSU) for Collective Understanding for Future of Fire Station #2 Memorandum of Understanding with Montana State for Fire Station 2.pdf H.5 Authorize the City Manager to Sign a Desktop SCADA PC Upgrade Proposal with Pall Water City of Bozeman Desktop PC upgrade Final.pdf H.6 Authorize the City Manager to Sign a Professional Services Agreement with Sanderson Stewart to Provide Right of Way Acquisition Services on a Term Contract Basis from the Date of Execution Until July 2023 Professional Service Agreement, Exhibit A H.7 Authorize the City Manager Sign a Professional Services Agreement with Morrison Maierle, Inc. for the Sourdough Intake Project ARPA Competitive Grant Application PSA_Sourdough Intake ARPA Grant H.8 Authorize the City Manager to Sign a Professional Services Agreement with Agency Landscape and Planning, LLC for the Parks, Recreation and Active Transportation Plan PSA Agency LP.docx Attachment A_Agency LP proposal.pdf Attachment B.2021-03.Parks-Rec-Trails-Plan.RFP.pdf H.9 Ratify City Manager's Signature on a Professional Services Agreement with Pine Technologies to Provide Technical Support for Justware, the City Attorney's Office Case Management System Signed PSA with Pine Technologies.pdf H.10 Authorize City Manager to Sign AIA Document B121 Master Agreement, and AIA Document B221 Service Order 1, and Future Service Orders within Budget for the Design of Fire Station #2 B121-2018 - Final - 001_06252021-.pdf B221-2018 - Final - 002_06252021.pdf ThinkOne Hourly Billing Rates 2021.pdf MMI Standard Billing Rate Schedule - 2021.pdf ACE 2021 rates.pdf TCA 2021 Fee Schedule.doc 2021_06_01 Bozeman Fire Station No. 2 - Geotech Proposal.pdf H.11 Authorize the City Manager to Sign a Professional Services Master Task Order Agreement Term Contract with Advanced Engineering and Environmental Services, LLC (AE2S) for SCADA On-Call Services and Task Orders 1 and 2 under the Term Contract SCADA On-Call Services Master Services Agreement SCADA On-Call Services Task Order 1 SCADA On-Call Services Task Order 2 H.12 Authorize City Manager to Sign an Amendment Number 2 to the Professional Services Agreement with Robert Peccia and Associates for the Sourdough Transmission Main Phase 2 Project Amendment 2 Sourdough Phase 2 - 30-Inch Tran. Main Funding, Bidding, and Construction RP 6-29-2021.pdf H.13 Resolution 5314, Authorizing Change Order Number 3 with COP Construction for the Davis Lane Lift Station and Norton East Ranch Outfall Sewer Project CO3-resolution.doc Change Order No. 3.pdf DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081 Bozeman City Commission Meeting Minutes, July 13, 2021 Page 4 of 9 H.14 Approve Resolution 5318, Declaring the Intent of the Commission to Abandon Portions of Road Easement Entirely within Railroad Right of Way Adjacent to Griffin Drive and Direct Staff to Bring Back a Final Resolution to Abandon Said Easement Abandonment_ExhibitA_Sealed NOTICE OF INTENT TO VACATE Resolution 5318 - Owners List Resolution 5318 -Abandonment H.15 Final Adoption of Ordinance 2078 Adopting the Health Code by Reference Ordinance 2078 Final.pdf Health Code Chapter 1.pdf Health Code Chapter 2.pdf Health Code Chapter 3.pdf 00:07:59 CM Mihelich provided the highlights of the Consent Agenda. 00:10:19 Public Comment • There were no public comments on the consent agenda. 00:13:11 Motion I move to approve Consent Items 1-15 as submitted. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 00:13:33 Vote on the Motion I move to approve Consent Items 1-15 as submitted. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None I) 00:13:50 Public Comment • There were no general public comments. J) 00:17:29 Action Items J.1 00:17:30 Resolution 5315, Declaring a Stage Two Drought, Implementing Stage Two Drought Response Measures and Stage Two drought Surcharges, and Authorizing the Bozeman City Manager to Issue or Rescind Additional Drought Stage Declarations and Drought Surcharges and Implement Additional Drought Response Measures through Administrative Orders REVISED Resolution 5215 Stage 2 Drought Declaration.docx Examples of Drought Outreach Messaging Materials.pdf 00:17:31 City Manager Introduction DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081 Bozeman City Commission Meeting Minutes, July 13, 2021 Page 5 of 9 00:19:26 Staff Presentation Water Conservation Specialist Jessica Ahlstrom presented the Resolution. She introduced the 2017 Drought Management Plan for broader context. She outlined drought response measures. Jessica Ahlstrom presented Bozeman's current drought conditions, the drought tool used to determine the drought score, and weather patterns across the state. She compared Bozeman's current water demands with those of the last three years and the statewide drought response. Ms. Ahlstrom outlined staff recommendations and the planned drought education campaign. She noted the City's drought response measures. She ended her presentation with future drought stages and a drought declaration action timeline. 00:44:05 Questions of Staff 01:09:49 Public Comment Mayor Andrus opened this item up for public comment. 01:12:09 Mark Egge, Public Comment Mark Egge commented suggesting seasonal water rates, eliminating the HCF minimum, and removing requirements in the development code that requires a certain amount of vegetative covering. 01:16:34 Emily Talago, Public Comment Emily Talago commented she is thankful for the water conservation work done by City staff. 01:18:26 Motion I move to approve Resolution 5315, Declaring a Stage Two Drought, Implementing Stage Two Drought Response Measures and Stage Two drought Surcharges, and Authorizing the Bozeman City Manager to Issue or Rescind Additional Drought Stage Declarations and Drought Surcharges and Implement Additional Drought Response Measures through Administrative Orders and amending the resolution to include the following response measures in section 1. Water Shall be prohibited between the hours 10:00am and 6:00pm. Watering shall be prohibited on Mondays except for irrigator operating under special exemption as approved by the Director of Public Works. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 01:19:32 Discussion • Cr. Pomeroy stated she wished the City could declare stage one drought restrictions and gradually move to stage two, but acknowledged the need for stage two due to the heat. She noted the City Attorney and City Manager assured her there was sufficient public notice. • DM Cunningham highlighted the Integrated Water Resources Plan and the City's largest line items in terms of expenditures in the CIP generally have to do with water. He noted the value in the Drought Management plan as well as a water conservation specialist. He encouraged the community to view water conservation as a city wide effort. • Cr. Madgic noted she feels that stage two water restrictions are appropriate due to the dramatic shifts in weather. She asked fellow residents to voluntarily go to stage three and stop watering lawns or only water portions of lawns. • Mayor Andrus stated she is grateful for the Drought Management Plan and Integrated Water Resources Plan. She highlighted a newspaper article from 2018 regarding the City's three DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081 Bozeman City Commission Meeting Minutes, July 13, 2021 Page 6 of 9 pronged approached, especially conservation. She noted the water conservation rebates offered by the City. She reiterated that water conservation is something everyone in the community needs to work toward. 01:32:17 Vote on the Motion to approve I move to approve Resolution 5315, Declaring a Stage Two Drought, Implementing Stage Two Drought Response Measures and Stage Two drought Surcharges, and Authorizing the Bozeman City Manager to Issue or Rescind Additional Drought Stage Declarations and Drought Surcharges and Implement Additional Drought Response Measures through Administrative Orders and amending the resolution to include the following response measures in section 1. Water Shall be prohibited between the hours 10:00am and 6:00pm. Watering shall be prohibited on Mondays except for irrigator operating under special exemption as approved by the Director of Public Works. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None 01:32:37 Mayor Andrus called the meeting into recess. 01:40:20 Mayor Andrus called the meeting back to order. J.2 01:40:25 Resolution 5311, Submitting to the Voters the Question of Authorizing the City to Exceed the Statutory Mill Levy Limits Through An Annual Levy of Up to Seven (7) Mills for the Purpose of Community Housing Mill Levy Resolution Comm Housing 6 29 21 FINAL.docx 01:40:29 CM Introduction 01:41:01 Staff Presentation on Items J2 and J3 CM Mihelich presented Resolution 5311 and Resolution 5316. He provided a timeline for the ballot resolutions. He began with Resolution 5311, regarding a Community Housing Levy of up to 7 mills outside of the General Fund levy cap. He highlighted the purpose of community housing efforts. He provided the cost of a 7 mill levy on the medium home, the estimated mill revenue and estimated revenue and cumulative impact. He then presented Resolution 5316, calling for election for General Obligation bonds for Fire Station 2 Relocation and Recreational Facilities Renovations. He provided the reasons for the need to relocate Fire Station 2. He provided the reasons for the need to renovate recreation facilities. He provided the Facility Bond taxpayer impact and the staff recommendation. 01:50:23 Questions of Staff 02:22:57 Public Comment Mayor Andrus opened items J2 and J3 up for public comment. DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081 Bozeman City Commission Meeting Minutes, July 13, 2021 Page 7 of 9 02:26:28 Mark Egge, Public Comment Mark Egge commented in support of the community housing levy. He commented that there are parts of City Code that create barriers to affordable housing. He encouraged the Commission to take action on consultant recommendations regarding the city code. 02:29:07 Motion I Move to Approve Resolution 5311, Submitting to the Voters the Question of Authorizing the City to Exceed the Statutory Mill Levy Limits Through An Annual Levy of Up to Seven (7) Mills for the Purpose of Community Housing. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:29:35 Discussion • DM Cunningham explained why he feels the lack of affordable and middle class housing is the number one problem facing the community. He noted state legislative action that has made it harder to create affordable housing. He highlighted the City's ongoing efforts to address the housing crisis and the necessity of subsidies. • Cr. Madgic agreed with DM Cunningham regarding housing being the number one problem facing Bozeman and noted she has not been in a commission meeting in which the issue of housing has not come up. She also noted her concern for those who work in Bozeman, but cannot afford to live in Bozeman. • Cr. Pomeroy agreed with her fellow Commissioners and spoke in support of the motion. • Mayor Andrus noted in her State of the City from 2018 in which she highlighted affordable housing as a problem facing Bozeman. She highlighted that they have not been able to address the issue until now. She also highlighted state legislative action that has made housing funds harder to create. She said she is hopeful the bond will be success because she believes it will allow for more room for strategic thinking about affordable housing. She spoke about community members who have reached out to her about difficulties related to housing. 02:46:15 Vote on the Motion I Move to Approve Resolution 5311, Submitting to the Voters the Question of Authorizing the City to Exceed the Statutory Mill Levy Limits Through An Annual Levy of Up to Seven (7) Mills for the Purpose of Community Housing. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None J.3 01:40:25 Resolution 5316, Calling for Election for General Obligation Bonds for Fire Station 2 Relocation and Recreation Facilities Renovations Resolution 5316 Calling for Election Fire Station Rec Center Final.docx 02:46:38 Motion I move to approve Resolution 5316, Calling for Election for General Obligation Bonds for Fire Station 2 Relocation and Recreation Facilities Renovations. DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081 Bozeman City Commission Meeting Minutes, July 13, 2021 Page 8 of 9 Terry Cunningham: Motion Jennifer Madgic: 2nd 02:46:58 Discussion • DM Cunningham spoke in support of the motion. He will be supporting the relocation of Fire Station 2 for safety concerns and the necessity for facilities' renovations in order to keep City facilities available for the future. He noted his concern regarding property tax relief. He highlighted state legislative barriers to property tax relief. • Cr. Madgic will be supporting the motion. She highlighted the partnership with MSU for the relocation of Fire Station 2. She noted she believes in a fix it first mentality when it comes to facilities that are very loved in the community and need to be taken care of. She agreed with DM Cunningham regarding property tax relief efforts and sensitivity. • Cr. Pomeroy agreed with her colleagues and will be supporting the motion. She noted she is thankful for MSU's cooperation. She believes the current facilities are loved by the community and need to be taken care of. • Mayor Andrus spoke in support of the motion and noted the Commission is sensitive to property tax costs. She highlighted the Commission is working on solutions for property tax relief. 02:55:20 Vote on the Motion to free form I move to approve Resolution 5316, Calling for Election for General Obligation Bonds for Fire Station 2 Relocation and Recreation Facilities Renovations. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None K) 02:55:35 Appointments K.1 02:55:37 Appointments to the Northeast Urban Renewal Board (NURB) 06-30-21 CAB Application - Charlie Kees, new applicant.pdf 06-10-21 CAB Application - J. Wesley-Wiese, reapplicant.pdf 02:55:40 Public Comment There were no public comments. 02:58:25 Motion I move to appoint members to the Northeast Urban Renewal Board with the following positions and terms: Mr. Charlie Kees, voting member, business owner within the district, with a term expiring on July 31, 2022;and Ms. Jeanne Wesley-Wiese, voting member, resident within the district, with a term expiring July 31, 2025. I-Ho Pomeroy: Motion Terry Cunningham: 2nd DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081 Bozeman City Commission Meeting Minutes, July 13, 2021 Page 9 of 9 02:59:20 Vote on the Motion I move to appoint members to the Northeast Urban Renewal Board with the following positions and terms: Mr. Charlie Kees, voting member, business owner within the district, with a term expiring on July 31, 2022;and Ms. Jeanne Wesley-Wiese, voting member, resident within the district, with a term expiring July 31, 2025. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None L) 02:59:37 FYI / Discussion • CM Mihelich clarified Bogert Pool was construction in 1938. • Cr. Madgic asked CM Mihelich to explain why the pool is not open on weekends. • CM Mihelich clarified it is a staffing issue. He noted efforts to remedy the shortage including raising wages, benefits, and changing the way the City advertises for seasonal workers. M) 03:01:28 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Jesse DiTommaso Deputy City Clerk Approved on: August 10, 2021 DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081