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Home My WebLink About02-23-21 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, February 23, 2021 Page 1 of 9 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, February 23, 2021 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Michael Wallner, Jennifer Madgic Absent: None Staff Present in the Webex: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC), & Deputy City Clerk (DCC) Jesse DiTommaso A) 00:05:50 Call to Order - 6:00 PM - WebEx Video Conference B) 00:09:51 Pledge of Allegiance and a Moment of Silence C) 00:10:29 Changes to the Agenda • CM Mihelich noted the removal of items I8 and I10 from the consent agenda. F) 00:10:53 FYI • DM Cunningham noted Thursday, February 25, 2021, there will be Climate Partners Working Group. The City of Bozeman is approaching one year anniversary of State of Emergency. • Commissioner Pomeroy noted Thursday, February 25, 2021, there will be a Gallatin City-County Board of Health meeting. • CM Mihelich announced February 23, 2021, the Fire Department celebrated its 137th birthday. G) 00:14:08 Commission Disclosures H) 00:14:13 Approval of Minutes H.1 00:14:13 Approve the Regular Meeting Minutes from December 15, 2020, December 22, 2020, January 5, 2021, January 12, 2021, January 26, 2021, and User Access to Linked Minutes Cover Page 12-15-20 City Commission Meeting Minutes 12-22-20 City Commission Meeting Minutes 01-05-21 City Commission Meeting Minutes 01-12-21 City Commission Meeting Minutes DocuSign Envelope ID: 117C69AB-F86D-410F-9B88-32246A0DB0EB Bozeman City Commission Meeting Minutes, February 23, 2021 Page 2 of 9 01-26-21 City Commission Meeting Minutes 00:14:33 Motion I move to approve the combined City Commission minutes from December 15, 2020, December 22, 2020, January 5, 2021, January 12, 2021, and January 26, 2021 and user access. Michael Wallner: Motion Jennifer Madgic: 2nd 00:14:55 Vote on the Motion I move to approve the combined City Commission minutes from December 15, 2020, December 22, 2020, January 5, 2021, January 12, 2021, and January 26, 2021 and user access. The Motion passed 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: None I) 00:15:19 Consent I.1 Accounts Payable Claims Review and Approval Cover Page I.2 Authorize the Mayor to Sign a Montana Department of Commerce, Big Sky Economic Development Trust Fund Program Contract Amendment for Gibson Brands, Inc. (Contract # MT-BSTF-1-20-25A) Cover Page Exhibit 1 cc memo 2-05-21 BSTF Award Gibson FINAL 02-09-21.doc Exhibit 2 11-18-19_cc_packet_material_BSTF_application_Gibson_10-30-19.pdf Exhibit 3 Resolution 5115 Signed 18 nov 2019 and signed sig cert form.pdf Exhibit 4 cc packet material 4-20-20 BSTF Award Gibson FINAL 4-10-20.doc.pdf Exhibit 5 Gibson to City - extension request - signed.pdf Exhibit 6 GIbson-City to State extension request.pdf Exhibit 7 Bozeman-Gibson Brands - Contract Extension Approval Letter.pdf Exhibit 8 Montana_Amended_Department_of_Commerce_Contract_MT-B (2).pdf Exhibit 9 Gibson Amended Business Assistance Agreement and Management Plan.pdf Exhibit 10 Administrative Budget Amendment BSTF PaymAlexa Freeburg.pdf I.3 Authorize the City Manager to Sign a Grant Agreement with Stonefly Capital, LLC for Completion of the ELM Event Center Cover Page Midtown TIF assistance grant agreement-The Elm-01-14-21 FINAL.docx The Elm Staff Report.pdf I.4 Authorize the City Manager to Sign a Purchase Agreement with Modern Machinery for (1) One Truck Mounted Asphalt Distributor Cover Page Bid Tab DocuSign Envelope ID: 117C69AB-F86D-410F-9B88-32246A0DB0EB Bozeman City Commission Meeting Minutes, February 23, 2021 Page 3 of 9 Purchase Agreement Exhibit A - Bid Specifications Exhibit B - Warranty I.5 Authorize the City Manager to Sign a Professional Services Agreement with Rosie Barndt, CPA for Payroll Related Consulting Services Cover Page PSA - Barndt.docx Scope of Services for City of Bozeman (002).pdf I.6 Authorize the City Manager to Sign a Contract Agreement with Xylem Dewatering Solutions, Inc. for Annual Preventative Maintenance on Flygt Pumps Located at Each of the City’s Seven (7) Lift Stations Cover Page Contract Agreement Lift Station Pump Service Quote I.7 Authorize the City Manager to Sign a Professional Services Agreement with Geographic Technologies Group (GTG) to Conduct a GIS Data and Database Architecture and Data Maintenance Health Check Cover Page Professional Services Agreement - GIS Data Health Check.docx GTG Proposal for GIS Data and Database Architecture and Data Maintenance Health Check.pdf I.8 Authorize the City Manager to Sign a Professional Services Agreement with Respec Company, LLC for Municipal Test Well Design, Aquifer Testing, and Preparation of Groundwater Application for Beneficial Water Use Permit Cover Page PSA w RESPEC for Phase 4 Groundwater Project.pdf I.9 Authorize the City Manager to Sign an Amendment One to the Professional Services Agreement with Summit Utility Services for Locating Services Cover Page First Amendment to the Professional Services Agreement I.10 Resolution 5262, Authorizing the Exploration, Development, and Build-Out of a Municipal Groundwater Facility on City Property Located at the Bozeman Sports Park Cover Page Resolution 5262_Sports Park Municipal Groundwater Facility.docx Resolution 5262_Exhibit A.pdf I.11 Resolution 5263, Supporting an Application to the Big Sky Economic Development Trust Fund Program Administered by the Montana Department of Commerce, on Behalf of the Profitable Ideas Exchange (“PIE”) Cover Page Exhibit 1 CC Memo BSTF App 2 PIE FINAL 2.08.21.doc Exhibit 2 CC Resolution 5263 PIE BSTF application 2 05-21 FINAL.docx Exhibit 3 PIE #2 Signature Certification Form-partially executed.pdf I.12 Ordinance 2067, Final Adoption Amending the Zoning Map to Establish 10.6154 Acres as REMU, Residential Emphasis Mixed-Use, 8.18998 Acres as R-5, Residential Mixed Use High Density, and 71.6945 Acres as B-2M, Community Business District- Mixed, Norton Ranch 2020 Zone Map Amendment, Application 20288 Cover Page Ordinance 2067 Norton Ranch 2020 ZMA No 20288.docx DocuSign Envelope ID: 117C69AB-F86D-410F-9B88-32246A0DB0EB Bozeman City Commission Meeting Minutes, February 23, 2021 Page 4 of 9 14300 X-ZMA (2021.01.14).pdf 00:15:23 City Manager Introduction CM Mihelich provided highlights of the consent agenda. 00:16:25 Public Comment There were no public comments on the consent agenda. 00:19:07 Motion to approve Consent Items 1-7, 9, 11 and 12 as submitted. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 00:20:05 Vote on the Motion to approve Consent Items 1-7, 9, 11 and 12 as submitted. The Motion passed 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: None J) 00:20:30 Public Comment There were no general public comments. K) 00:23:52 Action Items K.1 00:23:55 Resolution 5255, Creating a Special Improvement Lighting District 763 for Bridger View Redevelopment P.U.D. Cover Page Resolution 5255-Creation of SILD 763-Bridger View Redevelopment.docx 00:24:10 Staff Presentation Finance Director Donald presented on SILD 763. 00:25:06 Questions of Staff 00:26:01 Public Comment There was no public comment on this item. 00:28:54 Motion to approve Resolution 5255, creating a Special Improvement Lighting District 763, Bridger View Redevelopment P.U.D. I-Ho Pomeroy: Motion Terry Cunningham: 2nd DocuSign Envelope ID: 117C69AB-F86D-410F-9B88-32246A0DB0EB Bozeman City Commission Meeting Minutes, February 23, 2021 Page 5 of 9 00:29:13 Discussion 00:30:07 Vote on the Motion to approve Resolution 5255, creating a Special Improvement Lighting District 763, Bridger View Redevelopment P.U.D. The Motion passed 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: None K.2 00:30:32 The Nexus Point 2021 Zone Map Amendment Application to Change Approximately 6.99 Acres from R-O (Residential Office) to R-5 (Residential Mixed-Use High Density), Application 20-389 Cover Page 20389 Staff report CC - Nexus Point 2 ZMA.docx Form A1 - Development Review Application - Signed 11-08-20.pdf ZMA - Map Requirement Checklist Narrative 11-09-20.pdf ZMA Application Cover Letter 11-09-20.pdf ZMA Exhibit - R5 Exhibit-R5 ZMA 11-09-20.pdf Nexus Point ZMA graphic.pdf 00:30:44 Staff Presentation Planner Tom Rogers presented the Nexus Point Zone Map Amendment, application 20389 from R-O to R-5. He presented the area map, the current zoning, the correlation table, the recent development of the area, the proposed zoning, the zoning criteria, public comment, and recommendation. 00:39:19 Questions of Staff 00:41:24 Applicant Presentation Steve Moore, property developer, discussed development plans. Chris Budeski of Madison Engineering presented the rest of the application. 01:07:59 Questions of Applicant 01:15:22 Clarification of Staff Planner Rogers responded to questions. 01:17:30 Public Comment There was no public comment on this item. 01:21:13 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 DocuSign Envelope ID: 117C69AB-F86D-410F-9B88-32246A0DB0EB Bozeman City Commission Meeting Minutes, February 23, 2021 Page 6 of 9 application 20-389 and move to recommend approval of the Nexus Point 2021 Zone Map Amendment, with contingencies required to complete the application processing. Terry Cunningham: Motion Michael Wallner: 2nd 00:29:13 Discussion DM Cunningham agreed with staffs' findings. Cr. Wallner noted an infrastructure concern related to traffic flow. Cr. Madgic highlighted this zoning as a good fit for the area. Cr. Pomeroy noted the walkability. Mayor Andrus echoed the comments regarding neighborhood design. 01:33:40 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 20-389 and move to recommend approval of the Nexus Point 2021 Zone Map Amendment, with contingencies required to complete the application processing. The Motion passed 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: None 01:34:01 Recess Mayor Andrus called the meeting to recess until 7:35pm. 01:34:08 Meeting Reconvened Mayor Andrus called the meeting back to order. K.3 01:37:15 Ordinance 2057, Provisional Adoption of Floodplain Regulations Text Amendment, to Update the City of Bozeman Floodplain Regulations for Consistency with State and Federal Minimum Requirements and Implement the New Federal Emergency Management Agency Flood Insurance Study for Bozeman Creek and Tributaries, Application 20136 Cover Page 20136 Staff Report for the Floodplain Regulations Text Amendment 2-10-2021.docx FINAL_Ordinance No. 2057_Floodplain Regs REVISED 2-10-2021.docx 01:37:29 Staff Presentation. Chris Saunders presented Ordinance 2057. Mr. Saunders entered the staff report, application materials, advisory board recommendations and draft text of the ordinance into the record. He presented on the history of floodplain maps in Bozeman, the draft text of the introduced ordinance, the state criteria for zoning, subdivision criteria, public comment, and recommendation. DocuSign Envelope ID: 117C69AB-F86D-410F-9B88-32246A0DB0EB Bozeman City Commission Meeting Minutes, February 23, 2021 Page 7 of 9 01:43:57 Applicant Presentation Brian Heaston presented in the role of applicant. He presented the purpose of floodplain regulations, intact floodplain benefits, regulated flood hazard areas, FEMA special flood hazard areas, the timeframe for Ordinance 2057, and floodplain regulation details, 02:04:01 Questions of Staff and Applicant 02:45:02 Public Comment There were no public comments on this item. 02:48:37 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 20136, and move to provisionally adopt Ordinance 2057. Michael Wallner: Motion Jennifer Madgic: 2nd 02:48:58 Discussion Commissioner Wallner agreed with staff findings. 02:57:28 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 20136, and move to provisionally adopt Ordinance 2057. The Motion passed 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: None L) 02:57:50 Work Session L.1 02:57:52 Board Consolidation Cover Page 02:57:55 Staff Presentation CM Mihelich presented why the City should consolidate boards, high performing boards, the seven pillars of city work, how the City could operationalize this process, an example, boards that will remain stand alone, statutory boards, and next steps. 03:12:39 Questions of Staff Cr Pomeroy asked if CM Mihelich has done this in other cities. She asked how citizen engagement will be impacted with fewer boards. DocuSign Envelope ID: 117C69AB-F86D-410F-9B88-32246A0DB0EB Bozeman City Commission Meeting Minutes, February 23, 2021 Page 8 of 9 DM Cunningham asked how the boards can more accurately represent Bozeman's community. He asked how becoming an entitlement community would affect boards. Cr Wallner asked CM Mihelich to reiterate how fewer boards will enhance community engagement. Mayor Andrus asked how boards with specific qualifications for members will be transformed into super boards. 03:31:06 Public Comment Mayor Andrus opened this item for public comments. 03:38:23 Emma Bode, Public Comment Emma Bode asked if all current board members will sit on the super boards and what opportunity will there be to bring new people onto boards. 03:39:45 Linda Semones, Public Comment Linda Semones asked for clarification on how large a super board would be and how they could affect the length of meetings. 03:42:04 Jason Delmue, Public Comment Jason Delmue commented on the efficiencies of board consolidation. 03:45:04 Kevin Thane, Public Comment Kevin Thane commented on communication structure between boards, staff, and the Commission. 03:49:58 Ralph Zimmer, Public Comment Ralph Zimmer commented on the time boards have to speak at Commission Meetings. 03:53:18 Christopher Coburn, Public Comment Christopher Coburn commented in support of consolidation, mandating inclusion, and the structural barriers of engagement. 03:56:48 Mayor Andrus extended the meeting to 10:15. 03:56:56 Staff Response to Public Comments 04:00:57 Discussion Cr. Madgic supports moving forward with board consolidation. Cr. Pomeroy supports moving forward with board consolidation. Cr. Cunningham supports moving forward with board consolidation. Cr. Wallner supports moving forward with board consolidation. Mayor Andrus supports moving forward with board consolidation. M) 04:09:23 Other Agency Hearing M.1 04:09:26 Public Hearing of Four (4) Community Housing Projects that are Applying for Real Property Tax Exemption from Montana Board of Housing Cover Page Bridger Peaks packet materials.pdf Darlinton Boulevards packet materials.pdf Arrowleaf Perennial packet materials.pdf DocuSign Envelope ID: 117C69AB-F86D-410F-9B88-32246A0DB0EB Bozeman City Commission Meeting Minutes, February 23, 2021 Page 9 of 9 Castlebar packet materials.pdf 04:10:14 Mayor Andrus opened the public hearing. 04:10:24 Staff Presentation Tanya Andreasen presented on the requirements that mandate the public hearing and the background of the projects that are applying for the Real Property Tax Exemption. 04:12:38 Public Comment Mayor Andrus opened this item for public comment. 04:13:44 Mayor Andrus extended the meeting until 10:20. 04:15:46 Linda Semones, Public Comment Linda Semones congratulated Staff and Commission on the hard work they have done for affordable housing. N) 04:16:53 FYI / Discussion O) 04:16:59 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Jesse DiTommaso Deputy City Clerk Approved on: March 23, 2021 DocuSign Envelope ID: 117C69AB-F86D-410F-9B88-32246A0DB0EB