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HomeMy WebLinkAbout03-22-22 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, March 22, 2022 Page 1 of 15 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES March 22, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Staff Present at the Dais: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas, Deputy City Clerk (DCC) Taylor Chambers A) 00:02:44 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:05:34 Pledge of Allegiance and a Moment of Silence C) 00:06:24 Changes to the Agenda  Mayor Andrus announced Consent Item G.8 will be moved to an action item to allow for further discussion. D) Authorize Absence E) 00:06:43 FYI  DM Cunningham acknowledged staff's work in adjusting to the events of the last two years.  CM Mihelich provided an update on the body-worn cameras implementation and recommended people visit the Engage Bozeman platform. F) 00:09:36 Commission Disclosures  DM Cunningham disclosed a conflict with the Parklands at Village Downtown. G) 00:10:05 Consent G.1 Accounts Payable Claims Review and Approval DocuSign Envelope ID: 434731CA-7F02-491C-8AB8-37AA6F573E1F Bozeman City Commission Meeting Minutes, March 22, 2022 Page 2 of 15 G.2 Eastlake Professional Center Minor Subdivision Preliminary Plat Modification Approval Finding of Fact and Order, Application 21447 (Quasi-Judicial) 21447 Eastlake Prof Cntr PP City Commission FOF Memo.pdf 21447 Eastlake Professional Center FOF staff rpt 03 03 22.pdf 21447 Applicant PP MOD Narrative.pdf 21447 Master Site Plan Green Plan.pdf 21447 Master Site Plan Phasing Plan.pdf 21447 Preliminary Plat MOD.pdf G.3 Authorize the City Manager to Sign a Notice of Award and Contract Documents for the 2022 Curb Replacement Project to AV Construction, Inc., for the Purpose of Replacing Curb and Gutter on West Garfield Street AWARD.pdf Bid Tab.pdf G.4 Authorize the City Manager to Sign a Utility Easement and a Sewer and Water Pipeline and Access Easement and Agreement with Human Resource Development Council of District IX, Inc. for the Community First Griffin Place Site Plan, App. 21117 Sewer and Water Pipeline and Access Easement and Agreement. Utility Easement G.5 Authorize the City Manager to Sign Two Drainage Easements, a Public Access and Sewer Pipeline and Drainage Easement, a Public Street and Utility Easement, and Utility Easements with Montana State University Innovation Campus for the Industry Bozeman Site Plan, App. 21304 Drainage Easement Drainage Easement (2) Public Access and Sewer Pipeline and Drainage Easement Public Street and Utility Easement Utility Easement Utility Easement (2) G.6 Authorize the City Manager to Sign a Public Street and Utility Easement and a Utility Easement with Rainbow Creek Rental Properties, LLC for the Rainbow Creek Annexation, Application 18240 Public Street and Utility Easement Utility Easement G.7 Authorize the City Manager to Sign a Memorandum of Agreement with Gallatin County for a Business Continuity and Disaster Recovery Plan gallatin county city of bozeman business continuity plan MOA final.docx G.8 Authorize the City Manager to Sign a Grant Agreement with HRDC for Warming Center Operations Grant Agreement HRDC for Warming Shelter - 03102022 gs 3 11 22.docx HRDC Grant Application.pdf Copy of 2021-2022 BWC Yr-Round Costs.pdf DocuSign Envelope ID: 434731CA-7F02-491C-8AB8-37AA6F573E1F Bozeman City Commission Meeting Minutes, March 22, 2022 Page 3 of 15 G.9 Authorize the City Manager to Sign a Professional Services Agreement with Advanced Engineering and Environmental Services, LLC (AE2S) for Providing for On-call Engineering Services at the City of Bozeman Water Treatment Plant Professional Services Agreement G.10 Authorize the City Manager to Execute a Professional Services Agreement with HDR Engineering for Providing On-call Engineering Services at the City of Bozeman Water Reclamation Facility Professional Services Agreement G.11 Authorize the City Manager to Sign a Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. (AE2S) for 2022 Drought Tool Improvements PSA_AE2S_2022 Drought Tool Improvements.pdf Exhibit A_Scope of Work_2022 Drought Tool Improvements.pdf G.12 Resolution 5374 Intent to Vacate and Abandon a Portion of Red Wing Drive Entirely Within Railroad Right of Way Adjacent to Frontage Road, Gallatin County, Montana 20220322_Prelim Staff Report.pdf Resolution 5374 -Resolution of Intent.pdf Exhibit A.pdf NOTICE OF INTENT TO VACATE.pdf Adjacent Property owners.pdf Temporary Access Plan_Redwing Drive.pdf Existing Utilities Exhibit.pdf G.13 Resolution 5380 Intent to Create a Special Improvement Lighting District 771 for Bozeman CoHousing Resolution_5380-Intent_to_Create_SILD_771 (1).docx Exhibit A-Bozeman CoHousing.pdf Exhibit B-Bozeman CoHousing.pdf G.14 Ordinance 2090 Final Adoption of the 1919 Bridger Drive Zone Map Amendment, Addressed at 1919 Bridger Drive, North of Bridger Drive and East of Story Mill Drive, for 0.5557 Acres to be Given Initial Zoning of R-2, Residential Moderate Density District, Application 21123 21123 1919 Bridger ZMA Ordinance 2090.docx 201386 - ZMA (executed) - 2022.01.25.pdf 00:10:15 City Manager Introduction CM Mihelich presented the highlights of the consent agendas. 00:11:56 Public Comment There were no public comments on Consent Items 1-7, 9-14, Consent II (H.1), and Consent III (I.1). 00:13:21 Motion to approve Consent Items G.1 through 7 & 9 through 14 as submitted. DocuSign Envelope ID: 434731CA-7F02-491C-8AB8-37AA6F573E1F Bozeman City Commission Meeting Minutes, March 22, 2022 Page 4 of 15 Terry Cunningham: Motion Jennifer Madgic: 2nd 00:13:36 Vote on the Motion to approve Consent Items G.1 through 7 & 9 through 14 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H) 00:13:50 Consent II: Items Acted Upon Without Prior Unanimous Approval H.1 Ordinance 2107 Provisional Adoption of the 2021 W. Lamme Street Zone Map Amendment to Amend 0.978 Acres from R-4 Residential High Density District to B-3 Downtown Business District at 215 W. Lamme, 217 W. Lamme, and 216 N. 3rd Avenue, Application 21356 Ordinance 2107.pdf ZMA Map_24X36.pdf 00:14:15 Motion to approve Consent II, Item 1 as submitted. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:14:21 Vote on the Motion to approve Consent II, Item 1 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I) 00:14:41 Consent III DocuSign Envelope ID: 434731CA-7F02-491C-8AB8-37AA6F573E1F Bozeman City Commission Meeting Minutes, March 22, 2022 Page 5 of 15 I.1 Parklands at the Village Downtown Major Subdivision Preliminary Plat Lot 1, Block 1 Findings of Fact and Order, Application 21419 (Quasi-Judicial) 21419 Lot 1 Block 1 The Parklands at the Village DT 4 PP FOF.pdf 00:15:05 Motion to approve Consent III, Item 1 as submitted. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 00:15:14 Vote on the Motion to approve Consent III, Item 1 as submitted. The Motion carried 4 – 0. Approve: Cyndy Andrus I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J) 00:15:23 Public Comment Mayor Andrus opened General Public Comments. 00:16:02 Rick Gale, Public Comment Rick Gale commented on the grand opening of the Travis W. Atkins Veteran's Affairs clinic on March 18 in Bozeman. 00:16:56 Tom Keck, Public Comment Tom Keck commented on affordable housing and provided materials to the City Commission. He presented some of the efforts from Jackson Hole, Wyoming as an example to address affordability. K) 00:21:49 Action Items G.8 00:21:54 Authorize the City Manager to Sign a Grant Agreement with HRDC for Warming Center Operations Grant Agreement HRDC for Warming Shelter - 03102022 gs 3 11 22.docx HRDC Grant Application.pdf Copy of 2021-2022 BWC Yr-Round Costs.pdf 00:22:15 Questions of Staff 00:27:33 Public Comment DocuSign Envelope ID: 434731CA-7F02-491C-8AB8-37AA6F573E1F Bozeman City Commission Meeting Minutes, March 22, 2022 Page 6 of 15 Mayor Andrus opened this item for public comment. 00:28:05 Brian Geyer, Public Comment Brian Geyer, Housing Director for HRDC commented on the use of these funds. 00:30:40 Motion to approve Consent Item G.8 as submitted. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 00:30:53 Vote on the Motion to approve Consent Item G.8 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K.1 00:31:07 Continue to April 5 The West University Properties Annexation and Initial Zoning Application 21409 Requesting Annexation of 97.26 Acres and Amendment to the City Zoning Map for the Establishment of a Zoning Designation of B-2M (Community Business-Mixed District) on 50.4 Acres and REMU (Residential Emphasis Mixed-Use District) on 48.13 Acres 21409 West Uni Annx-ZMA CC SR.pdf 00:31:27 Motion to continue to April 5 The West University Properties Annexation and Initial Zoning Application 21409. I-Ho Pomeroy: Motion Christopher Coburn: 2nd 00:31:44 Vote on the Motion to continue to April 5 The West University Properties Annexation and Initial Zoning Application 21409. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy DocuSign Envelope ID: 434731CA-7F02-491C-8AB8-37AA6F573E1F Bozeman City Commission Meeting Minutes, March 22, 2022 Page 7 of 15 Jennifer Madgic Christopher Coburn Disapprove: None K.2 00:31:59 Continue to April 5 The Lumberyard Zone Map Amendment to the City Zoning Map to Rezone Approximately 12 Acres From B-2 (Community Business District) to B-2M (Community Business District -Mixed) Including Adjacent Street Right of Way, Site is Located North of Patrick Street and West of N. 11th Avenue, Application 21458 21458 Lumberyard ZMA Staff Report CC.pdf 00:32:13 Motion to continue to April 5 The Lumberyard Zone Map Amendment to the City Zoning Map to Rezone Approximately 12 Acres From B-2 (Community Business District) to B-2M (Community Business District -Mixed) Including Adjacent Street Right of Way, Site is Located North of Patrick Street and West of N. 11th Avenue, Application 21458 Christopher Coburn: Motion Terry Cunningham: 2nd 00:32:36 Vote on the Motion to continue to April 5 The Lumberyard Zone Map Amendment to the City Zoning Map to Rezone Approximately 12 Acres From B-2 (Community Business District) to B-2M (Community Business District -Mixed) Including Adjacent Street Right of Way, Site is Located North of Patrick Street and West of N. 11th Avenue, Application 21458. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K.3 00:33:04 Bennett Annexation and Zone Map Amendment for the Establishment of a Zoning Designation of REMU for a Property Addressed at 5532 Stucky Road (Readdressed to 2650 and 2680 Bennett Blvd) and Generally Located Approximately One-half Mile West of South 19th Avenue on the South Side of Stucky Road, Application 21331 21331 Bennett Annx-ZMA CC SR - March 22 version.pdf DocuSign Envelope ID: 434731CA-7F02-491C-8AB8-37AA6F573E1F Bozeman City Commission Meeting Minutes, March 22, 2022 Page 8 of 15 00:33:23 Staff Presentation Senior Planner Tom Rogers presented application 21331, the application location, entered the staff report, and the applicant submittal into the record, the overview of the parcel, the surrounding area, the FLUM, neighboring zoning, the requested zoning, the annexation goals & policies from Resolution 5076 and the MCA zoning criteria, the spot zoning criteria, and the recommendations. 00:41:25 Questions of Staff 00:56:07 Applicant Presentation Chris Budeski with Madison Engineering presented on behalf of the applicant. Mr. Budeski responded to questions about the infill nature of the project, adjacent infrastructure, existing structures and the current property owner, the proposed zoning, intent of the development plan. 01:02:08 Questions of Applicant 01:02:38 Public Comment There were no public comments on this item. 01:03:25 Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21331 and move to approve the Bennett Properties Annexation. Terry Cunningham: Motion Jennifer Madgic: 2nd 01:03:46 Discussion 01:08:10 Vote on the Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21331 and move to approve the Bennett Properties Annexation. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None DocuSign Envelope ID: 434731CA-7F02-491C-8AB8-37AA6F573E1F Bozeman City Commission Meeting Minutes, March 22, 2022 Page 9 of 15 01:08:24 Motion Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21331 and move to approve the Bennett Properties Zone Map Amendment. Terry Cunningham: Motion Jennifer Madgic: 2nd 01:08:53 Discussion 01:21:04 Vote on the Motion Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21331 and move to approve the Bennett Properties Zone Map Amendment. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K.4 01:21:20 Resolution 5377 Creation of Special Improvement Lighting District 769, Norton East Ranch Phase 5 Resolution 5377-Creation of SILD 769 .doc 01:22:00 Staff Presentation Interim Finance Director Rachel Harlow-Schalk presented the lighting district. 01:24:23 Questions of Staff 01:25:06 Public Comment There were no public comments on this item. 01:25:43 Motion to Adopt Commission Resolution No. 5377 / Creation of Special Improvement Lighting District #769, Norton East Ranch Phase 5 Jennifer Madgic: Motion I-Ho Pomeroy: 2nd DocuSign Envelope ID: 434731CA-7F02-491C-8AB8-37AA6F573E1F Bozeman City Commission Meeting Minutes, March 22, 2022 Page 10 of 15 01:26:01 Discussion 01:27:05 Vote on the Motion to Adopt Commission Resolution No. 5377 / Creation of Special Improvement Lighting District #769, Norton East Ranch Phase 5. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K.5 01:27:17 Resolution 5379 Creation of Special Improvement Lighting District 770, Annex of Bozeman Resolution 5379-Creation of SILD 770 .doc 01:27:31 Staff Presentation Interim Finance Director Harlow-Schalk presented the lighting district. 01:29:45 Questions of Staff 01:30:00 Public Comment There were no public comments on this item. 01:30:27 Motion to Adopt Commission Resolution No. 5379 / Creation of Special Improvement Lighting District #770, Annex of Bozeman. I-Ho Pomeroy: Motion Christopher Coburn: 2nd 01:30:44 Discussion 01:31:12 Vote on the Motion to Adopt Commission Resolution No. 5379 / Creation of Special Improvement Lighting District #770, Annex of Bozeman. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham DocuSign Envelope ID: 434731CA-7F02-491C-8AB8-37AA6F573E1F Bozeman City Commission Meeting Minutes, March 22, 2022 Page 11 of 15 I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 01:31:23 Recess Mayor Andrus called the meeting into a brief recess. 01:38:22 Call to Order Mayor Andrus called the meeting back to order. K.6 01:38:38 Ordinance 2106 Provisional Adoption Approving a Project in the Downtown Urban Renewal District as an Urban Renewal Project; Making Findings with Respect Thereto and Approving the Use of Tax Increment Revenues or Tax Increment Revenue Bonds to Reimburse Eligible Costs Thereof Commission_Memo_Fire_Station_URP_Designation_032222.pdf Ordinance__2106_approving_Fire_Station_project.docx 01:39:01 Staff Presentation CM Mihelich presented the background of the Fire Station One (FS1) redevelopment project, the purpose of designating the project as urban renewal, the proposed incentives, the fiscal effects, the requirements of the project to qualify for Tax Increment Finance (TIF) funds, the Downtown Urban Renewal Board (DURB) actions, staff's recommended findings, an outline of the ordinance, and the recommended motion. 01:46:47 Questions of Staff 02:07:34 Clarification of City Attorney CA Sullivan provided clarification upon the TIF designation and future development. 02:09:10 Questions of Staff continued 02:18:36 Public Comment 02:19:01 Emily Talago, Public Comment Emily Talago commented on Montana Urban Renewal Law, the impediment of blight on redevelopment, the possibility to use the increment funds for other projects, workforce housing and AMI, the potential for current downtown employees to have first chance at ownership, and protections against short-term rentals. DocuSign Envelope ID: 434731CA-7F02-491C-8AB8-37AA6F573E1F Bozeman City Commission Meeting Minutes, March 22, 2022 Page 12 of 15 02:22:27 Kevin Thane, Public Comment Kevin Thane commented in favor of the project but prefers to see workforce housing levels of AMI and the inclusion of additional housing funds or the sale of market rate units. 02:24:56 Ellie Staley, Public Comment Ellie Staley, Executive Director of the Downtown Bozeman Partnership on behalf of the Downtown Urban Renewal District board commented on the board's discussions, the board's objections to the process of the application in relation to the district's funds, the all-or-nothing approach of the funding, and the request for a differently structured process. 02:28:47 Kelly Ramirez, Public Comment Kelly Ramirez commented in favor of the project and favorably on the developer's proposal. 02:30:57 Jennifer Johnson, Public Comment Jennifer Johnson spoke in opposition to the project, that 120% of AMI does not qualify as affordable housing, should be a lower threshold, questioned why the City is selling below market value, the restrictions on a buyer from flipping the property or using the units as short-term rentals, and the opportunity to create additional revenue through a parking garage on the site. 02:34:08 Additional Questions from the Commission 02:35:31 Motion to approve the staff findings in the Commission Memorandum to provisionally adopt Ordinance 2106. Christopher Coburn: Motion Terry Cunningham: 2nd 02:35:50 Discussion 02:56:32 Vote on the Motion to approve the staff findings in the Commission Memorandum to provisionally adopt Ordinance 2106. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None DocuSign Envelope ID: 434731CA-7F02-491C-8AB8-37AA6F573E1F Bozeman City Commission Meeting Minutes, March 22, 2022 Page 13 of 15 K.7 02:56:45 Ordinance 2101 Provisional Adoption to Outline the Term and Conditions for the Sale of Fire Station 1 Prov_Adoption_Ordinance_2101_Sale_of_FS1.docx PSA Fire Station1 Sale.pdf 02:57:04 Staff Presentation Assistant City Manager Chuck Winn presented the Ordinance to outline the conditions of sale for FS1, background on the project, the timeline on the future process, and an overview of the deal points. 03:01:33 Questions of Staff 03:13:14 Questions of Potential Buyer 03:15:34 Public Comment 03:15:51 Emily Talago, Public Comment Emily Talago spoke in favor of the restriction of short-term rentals and asked whether HRDC would be the entity matching residents to the individual units, specifically to prioritize current downtown employees. 03:17:53 Motion to provisionally adopt Ordinance 2101 outlining the terms and conditions for the sale of Fire Station 1 and requiring a restriction on short-term rentals in the property as part of the terms and conditions. Terry Cunningham: Motion Jennifer Madgic: 2nd 03:18:20 Discussion 03:28:59 Vote on the Motion to provisionally adopt Ordinance 2101 outlining the terms and conditions for the sale of Fire Station 1 and requiring a restriction on short-term rentals in the property as part of the terms and conditions. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None DocuSign Envelope ID: 434731CA-7F02-491C-8AB8-37AA6F573E1F Bozeman City Commission Meeting Minutes, March 22, 2022 Page 14 of 15 K.8 03:30:25 Ordinance 2100 Provisional Adoption Recognizing and Designating June 19th as Juneteenth National Freedom Day, Designating June 19th as the Local Juneteenth Holiday, Replacing the Term Columbus Day with Indigenous Peoples' Day, and Designating the Friday after Thanksgiving as the Local Indigenous Peoples' Day Holiday Ord. 2100.pdf 03:30:37 Staff Presentation CA Sullivan presented the ordinance, an introduction from the strategic plan, the proposed Bozeman Municipal Code (BMC) changes, and the proposed motion. 03:32:59 Questions of Staff 03:33:17 Public Comment There were no public comments on this item. 03:33:52 Motion to provisionally adopt Ordinance 2100, which recognizes and designates June 19th as Juneteenth National Freedom Day, designates June 19th as the local Juneteenth holiday, replaces the term Columbus Day with Indigenous Peoples' Day, and designates the Friday after Thanksgiving as the local Indigenous Peoples' Day holiday. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 03:34:25 Discussion 03:39:05 Vote on the Motion to provisionally adopt Ordinance 2100, which recognizes and designates June 19th as Juneteenth National Freedom Day, designates June 19th as the local Juneteenth holiday, replaces the term Columbus Day with Indigenous Peoples' Day, and designates the Friday after Thanksgiving as the local Indigenous Peoples' Day holiday. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None DocuSign Envelope ID: 434731CA-7F02-491C-8AB8-37AA6F573E1F Bozeman City Commission Meeting Minutes, March 22, 2022 Page 15 of 15 L) 03:39:11 FYI / Discussion  CM Mihelich responded to public comment on a real estate capture tax, which is not authorized by statute in Montana. M) 03:40:00 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: April 26, 2022 DocuSign Envelope ID: 434731CA-7F02-491C-8AB8-37AA6F573E1F