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HomeMy WebLinkAbout08-23-22 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, August 23, 2022 Page 1 of 10 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES August 23, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Excused: None Staff Present at the Dais: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A) 00:01:44 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:03:37 Pledge of Allegiance and a Moment of Silence C) 00:04:24 Changes to the Agenda CM Mihelich noted the removal of Consent Item H.3 grant agreement. D) 00:04:43 Public Service Announcements D.1 Recently Approved Citizen Advisory Board Minutes E) 00:04:58 FYI • CM Mihelich addressed the concerns with revenue increases as opposed to property tax increases; provided an update on the Bozeman Public Safety Center (BPSC) and specifically its landscaping; presented Melissa Hodnett as the new Finance Director. • Director Hodnett provided a brief introduction and welcome. F) 00:10:41 Commission Disclosures There were no disclosures. G) Approval of Minutes G.1 00:10:49 Approve the regular meeting minutes from: June 28, 2022 Approve the executive session minutes from: April 3, 2020 (executive session minutes to be distributed separately) DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, August 23, 2022 Page 2 of 10 06-22-22 City Commission Meeting Minutes.pdf 00:10:53 Motion to approve the combined City Commission minutes as submitted. Christopher Coburn: Motion Jennifer Madgic: 2nd 00:10:59 Vote on the Motion to approve the combined City Commission minutes as submitted. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H) 00:11:10 Consent H.1 Accounts Payable Claims Review and Approval H.2 Authorize the City Manager to Sign a Grant Agreement with the Human Resource Development Council (HRDC) for Warming Center Operations 220815 HRDC_Warming Shelter Grant Agmt Part 2 final.docx j. HRDC - IX Inc.pdf H.3 Authorize the City Manager to Sign a Grant Agreement with One Valley Community Foundation for Investment in the Regional Housing Coalition One Valley Grant - Budget Request.pdf H.4 Authorize the City Manager to Sign a Notice of Award to Red Tiger Drilling Inc. for the Fire Station 1 Well Abandonment Project and Final Contract Documents Once Received NoticeOfAward_FS1WellAbandonment.pdf FS1 Well Abandonment_Contract Documents.pdf H.5 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication and a Mutual Access and Parking Easement and Agreement with 19th Capital Group, LLC for the University Crossing Site Plan (21327) Conditional Irrevocable Offer of Dedication Mutual Access and Parking Easement and Agreement H.6 Authorize the City Manager to Sign a Utility Easement with Henry Building, LLC for Home Base Partners Block 3 and 4 Site Plan (21231) Utility Easement H.7 Authorize the City Manager to Sign a Drainage Easement with Northwest Crossing Commercial Owners Association and Northwest Crossing Residential Owners Association for The Northwest Crossing Phase 1 Subdivision Final Plat (21482) Drainage Easement H.8 Authorize the City Manager to Sign a Public Access Easement with Montana State University Innovation Campus for the MSU Innovation Campus-Invention Drive Project (21304) DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, August 23, 2022 Page 3 of 10 Public Access Easement H.9 Authorize the City Manager to Sign a Construction Agreement with Ingram-Clevenger, Inc. for Story Mill Community Center HVAC and Electrical Upgrades CONSTRUCTION AGREEMENT - Story Mill Community Center HVAC & Electrical Upgrade - Ingram Clevenger.pdf H.10 Authorize the City Manager to Sign a Construction Agreement with Montana Lines, Inc. for Installation of a New Pedestrian Activated Signal, aka HAWK (High-Intensity Activated CrossWalk) Signal Kagy HAWK Electrical & Signing Construction Agreement Exhibit A Kagy_Hawk_Notice_of_Award FY22 to FY23 Budget Revision Form Carry Overs-STR91 H.11 Authorize the City Manager to Sign a Construction Agreement with Montana Lines, Inc for Kagy Boulevard and S. 11th Signal Upgrades Kagy and 11th Signal Work Construction Agreement Exhibit A Kagy_11th_Notice_of_Award FY22 to FY23 Budget Revision Form Carry Overs-STR91 H.12 Authorize the City Manager to Sign a Construction Agreement with Planned and Engineered Construction, Inc. for a Stormwater Pipe Rehabilitation Project 2022-23 Stormwater Improvements-Tracy Cleveland Construction Agreement.pdf H.13 Amendment to Professional Services Master Task Order Agreement with DOWL, LLC to Extend an Existing Agreement by One Calendar Year, with a New End Date of September 16th, 2023 A - Amendment to 2019 PSA.pdf B - Professional Services Master Task Order Agreement.pdf H.14 Authorize the City Manager to Sign, Subject to and Upon Completion of Legal Review by the Office of the City Attorney, a Contract with the Montana Department of Environmental Quality Delegating State Review Authority to the City Pursuant to Section 75-6-121(1)(b) for Extensions or Alterations of the City's Public Water and Sewer Systems that Involve Fifty (50) or Fewer Connections CityEngineer_Template_MLCT_DEQ_Approved_FinalTemplate (1).docx H.15 Authorize the City Manager to Sign the Agreement for the Numatics Upgrade for the City of Bozeman with Pall Water Numatics Upgrade City of Bozeman - (FINAL 8.12.22).pdf H.16 Authorize the City Manager to Sign a Professional Services Agreement with Maddaus Water Management, Inc. for the Development of Landscape and Irrigation Design and Performance Standards for New Development PSA_Landscape and Irrigation Standards_MWM.pdf Exhibit A_Scope of Services_MWM.pdf H.17 Authorize the City Manager to Sign a Professional Services Agreement with Parking Logix for Occupancy Technology and Displays in the Black, South Willson, and North Willson Surface Parking Lots PSA with Parking Logix for Parking Occupancy Technology.docx H.18 Authorize the City Manager to Sign Professional Services Agreement with KLJ for the E. Aspen St. Bridge Bidding Administration KLJ PSA Engineering for Bidding 082022.docx Aspen Street Ped Bridge Scope Letter - Sidewalk.pdf DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, August 23, 2022 Page 4 of 10 Aspen Street Ped Bridge Scope Letter - Pedestrian Bridge.pdf H.19 Authorize the City Manager to Sign Professional Services Agreement with Human Resources Development Council of District IX, Inc. (HRDC) for Community Housing Program Support PSA with HRDC for Housing Services FY23.docx H.20 Authorize City Manager to Sign Professional Service Agreement with Dust Bunnies Inc. for Janitorial Services at Public Safety Center Professional Service Agreement - Dust Bunnies Inc - Janitorial Services.pdf PSA Exhibit A Scope of Work - Dust Bunnies Inc - Janitorial Service.pdf H.21 Authorize the City Manager to Sign a First Amendment to the Agreement with Desman Engineering Dated April 26, 2022 for a Maintenance Manual First Amendment to the PSA with Desman Design Management for Parking Garage Maintenance Manual.pdf H.22 Authorize the City Manager to Sign a First Amendment to the Professional Services Master Task Order Agreement with Morrison Maierle, Inc. Providing for On-call Pretreatment Program Engineering Services for the Water Reclamation Facility Amendment 1 to Master TO PSA w MM.pdf H.23 Authorize the City Manager to Sign Amendment 4 to the Professional Services Agreement with Sanderson Stewart to Provide Construction Administration and Engineering Services for the Griffin Drive and Manley Road Street and Stormwater Improvement Project Amendment 4 to PSA with Sanderson Stewart for Griffin Drive and Manley Road Street and Stormwater Improvement Project.pdf Scope of Work for Amendment 4 for Griffin Drive and Manley Road Street and Stormwater Improvement Project.pdf 00:11:18 City Manager Introduction CM Mihelich presented the highlights of the Consent Agenda. 00:12:18 Public Comment There were no comments on the Consent Agenda. 00:13:22 Motion to approve Consent 1-2, and 4-23 as submitted. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 00:13:31 Vote on the Motion to approve Consent 1-2, and 4-23 as submitted. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, August 23, 2022 Page 5 of 10 I) 00:13:47 Public Comment 00:14:43 Leif Sundeen, Public Comment Leif Sundeen commented on the Swim Center and the replacement of the bulkhead. 00:17:12 Megan Belasko, Public Comment Megan Belasko commented on the Swim Center and aquatics operations. 00:19:13 Ashley Ogle, Public Comment Ashley Ogle commented on the Swim Center and aquatics operations. 00:21:37 Maria Holden, Public Comment Maria Holden commented on the Swim Center and aquatics operations. 00:23:40 Brian Gallik, Public Comment Brian Gallik commented in opposition to Ordinance 2104, Ordinance 2105, and Resolution 5410. 00:25:57 Jenny Lowe Anker, Public Comment Jenny Lowe Anker commented on growth in the City of Bozeman. 00:29:11 Jerry Pape, Public Comment Jerry Pape commented on due diligence and in opposition to Ordinances 2104 and 2105. J) 00:33:54 Action Items J.1 00:33:58 The Block 104 Zone Map Amendment Requesting Amendment of the City Zoning Map for a City Block Bounded by Tamarack Street on the North, Front Street to the East, Wallace on the West, and Aspen Street on the South Consisting of Approximately 3.554 Acres and the Accompanying Adjacent Right-of-way from M-1 (Light Manufacturing) to B-2M (Community Business District – Mixed), Application 22100 22100 Block 104 ZMA CC SR 8-16-2022.pdf 00:34:05 Staff Presentation Senior Planner Tom Rogers presented the application, entered the staff report, the applicant submittal, and any public comment into the record. He presented the zoning change requested, the subject site, the Future Land Use Map (FLUM) designation, the current zoning, current nearby applications in process, the implementing zoning districts that correlate with the FLUM, the zoning criteria of evaluation, the spot zoning criteria, no public comments have been received, and the recommendations. 00:40:45 Questions of Staff 00:58:19 Applicant Presentation Tyler Steinway, Intrinsik Architecture, representing the applicant presented the application, site photos, the FLUM designation, correlating zoning districts, zoning change requested, highlighted Community Plan goals and objectives, zoning approval criteria, and the project schedule. 01:03:34 Questions of Applicant DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, August 23, 2022 Page 6 of 10 01:10:00 Public Comment There were no comments on this item. 01:10:28 Motion to approve 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 22100 and move to recommend approval of the Block 104 Zone Map Amendment, with contingencies required to complete the application processing. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 01:11:06 Discussion 01:27:07 Vote on the Motion to approve 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 22100 and move to recommend approval of the Block 104 Zone Map Amendment, with contingencies required to complete the application processing. The Motion carried 4 - 1. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: Christopher Coburn J.2 01:27:20 Ordinance 2104 Provisional Adoption to Repeal and Replace Division 38.430 Planned Unit Development with a New Planned Development Zone Process and Amend 24 Related Sections of the Bozeman Municipal Code, Application 22133 Ordinance 2104 Planned Unit Development - 2nd Provisional.pdf 01:27:45 Staff Presentation Community Development Program Manager Chris Saunders presented the Ordinance, an overview of the process to date, a summary of the amendment from the July 12 hearing, the new "novel public benefit" category, a summary of the process to date, and the recommended motion. 01:31:17 Questions of Staff 01:49:22 Public Comment Mayor Andrus opened this item for public comments. 01:50:50 Mary Wictor, Public Comment Mary Wictor commented in support of the Novel Community Benefit, the need for phased development and flexibility, and the barriers for entry or use. DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, August 23, 2022 Page 7 of 10 01:53:56 Emily Talago, Public Comment Emily Talago commented on the dialogue around this Ordinance, the mechanisms available the City can use to realize affordable housing, and the need for public input. 01:57:21 Motion to provisionally adopt having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22133 and move to provisionally adopt Ordinance 2104. Terry Cunningham: Motion Christopher Coburn: 2nd 01:57:40 Discussion 02:07:48 Vote on the Motion to provisionally adopt having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22133 and move to provisionally adopt Ordinance 2104. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:08:00 Recess Mayor Andrus called this meeting into recess. 02:16:35 Call to Order Mayor Andrus called the meeting back to order. J.3 02:16:48 Ordinance 2105 Provisional Adoption, Repeal Division 38.380, Affordable Housing, and Amend Associated Standards and Replace With a New Division 38.380 Affordable Housing Text Amendment, Application 22133 22133 CC Staff Report - 38.380 Replacement 8-11-2022.pdf Ordinance 2105 38.380 Affordable Housing - Provisional.pdf 22133 38.380 Replacement - e-news.pdf 02:17:51 Staff Presentation Manager Saunders and Economic Development Program Manager David Fine presented the Ordinance, entered the staff report, application materials, and public comments into the record; presented a history to this date on the Ordinance, a summary of the Ordinance, actions contained within the Ordinance, the criteria within the Ordinance, the economic analysis of affordability incentives, the shallow and deep incentives within the Ordinance, a summary of the incentives, changes to standards DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, August 23, 2022 Page 8 of 10 and processes, the zoning criteria of evaluation, an acknowledgement of public comments, and the recommendations. 02:34:21 Questions of Staff 03:29:17 Public Comment Mayor Andrus opened this item for public comments. 03:29:40 Megan Shoefeld, Public Comment Megan Shoefeld commented on inconveniences as impact compared to a lack of housing. 03:31:26 Mark Egge, Public Comment Mark Egge commented in support of the Ordinance. 03:34:28 Paul Busey, Public Comment Paul Busey commented on the Ordinance. 03:36:55 Heather Grenier, Public Comment Heather Grenier, President and CEO of HRDC, commented in support of the Ordinance. 03:38:53 Mary Wictor, Public Comment Mary Wictor commented on the Ordinance. 03:42:18 Kevin Thane, Public Comment Kevin Thane commented in support of the Ordinance. 03:43:04 Response from Staff to Public Comment 03:44:14 Additional Questions of Staff 03:48:48 Motion to provisionally adopt having reviewed and considered the staff report, draft ordinance, public comment, recommendation from the Community Development Board and Economic Vitality Board, and all information presented, I hereby adopt the findings presented in the staff report for application 22133, and move to provisionally adopt Ordinance 2105. Christopher Coburn: Motion Jennifer Madgic: 2nd 03:49:10 Discussion 03:49:23 Motion to amend to strike 3(e) subsection 3, subsection 5, & subsection 6 on page 20 of the Ordinance. Christopher Coburn: Motion Jennifer Madgic: 2nd 03:50:48 Discussion on the Amendment DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, August 23, 2022 Page 9 of 10 03:58:23 Vote on the Motion to amend to strike 3(e) subsection 3, subsection 5, & subsection 6 on page 20 of the Ordinance. The Motion failed 2 - 3. Approve: Cyndy Andrus Terry Cunningham Disapprove: I-Ho Pomeroy Jennifer Madgic Christopher Coburn 03:58:56 Meeting Extended Mayor Andrus extended the meeting until 10:30 p.m. 03:59:02 Discussion on the Main Motion Continued 04:24:52 Vote on the Motion to provisionally adopt Having reviewed and considered the staff report, draft ordinance, public comment, recommendation from the Community Development Board and Economic Vitality Board, and all information presented, I hereby adopt the findings presented in the staff report for application 22133, and move to provisionally adopt Ordinance 2105. The Motion carried 4 - 1. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: Jennifer Madgic 04:25:04 Meeting Extended Mayor Andrus extended the meeting until 10:45 p.m. J.4 04:25:50 Resolution 5410 Establishing and Affixing the Number of Mills to be Charged Against the Assessed Valuation of All Taxable Property Situated Within the Corporate Jurisdictional Boundaries of the City for Fiscal Year 2022-2023 (FY23) 1. Resolution 5410 - Setting FY23 Mill Levies.docx 2. Tax Anlaysis for Res5410.pdf 3. 2022 Certified Taxable Value Information.pdf 4. Taxable Values History.pdf Summary of FY23 Mill Levy Recommendation.pdf 04:26:07 Staff Presentation Interim Finance Director Rachel Harlow Schalk presented the Resolution establishing and affixing and levying mills for the Fiscal Year 2023 Budget. 04:34:06 Questions of Staff DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, August 23, 2022 Page 10 of 10 04:34:14 Public Comment There were no comments on this item. 04:34:37 Motion to adopt Resolution 5410 affixing the mill levy and implementing the Commission's adopted budget mill levy for fiscal year 2023. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 04:34:45 Discussion 04:36:00 Vote on the Motion to adopt Resolution 5410 affixing the mill levy and implementing the Commission's adopted budget mill levy for fiscal year 2023. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K) 04:36:13 FYI / Discussion Mayor Andrus responded to public comments. L) 04:37:01 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: December 20, 2022 DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9