HomeMy WebLinkAbout11-24-20 FINAL MINUTES City Commission Meeting of Bozeman, MontanaPage 1 of 11
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Tuesday, November 24, 2020
Mayor - Cynthia Andrus: Present
Deputy Mayor - Terry Cunningham: Present
Commissioner - I-Ho Pomeroy: Present
Commissioner - Michael Wallner: Present
Commissioner - Jennifer Madgic: Present
Staff Present in the Webex: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, and City
Clerk (CC) Mike Maas
A. 06:20:54 PM (00:02:05) Call to Order – 6:00 PM – Webex Videoconference
B. 06:24:49 PM (00:06:00) Pledge of Allegiance and a Moment of Silence
C. 06:25:19 PM (00:06:30) Changes to the Agenda
D. 06:25:24 PM (00:06:35) FYI
• Cr. Pomeroy thanked citizens of the City and Gallatin County for wearing their masks.
• DM Cunningham highlighted the brown bag lunch on Low Income Tax Credit Housing
occurring on Wednesday, December 2, 2020. Connection information was available on the
City’s Website Calendar.
• CM Mihelich shared the Community Housing dashboard.
E. 06:30:03 PM (00:11:14) Commission Disclosures
DM Cunningham disclosed a relation to the Boulevard Apartments item but that it will not prevent
him from acting on both the related consent and action item.
F. 06:31:09 PM (00:12:19) Consent
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1. Accounts Payable Claims Review and Approval (Yeykal)
2. Authorize Acceptance of an Easement from Montana Department of Transportation (MDT)
for E. Main Street Easement to Accommodate the Front Street Sanitary Sewer Interceptor
(Kohtz)
3. Authorize the City Manager to Sign a Cityworks License and Maintenance Agreement
Renewal (Henderson)
4. Authorize the City Manager to Sign a Professional Services Agreement for Cityworks Support
with GIS Inc. (Henderson)
5. Authorize the City Manager to Sign a Grant Agreement with Human Resource Development
Council IX (HRDC) for the Reimbursement of Construction Costs Associated with the
Preservation of Darlinton Manor and Boulevards Apartments as Affordable Rental Homes
(Andreasen)
6. Resolution 5225, Intent to Vacate and Abandon City Rights-of-way in Tract 1, Lots 1-3 of the
Gardner-Simmental Plaza Subdivision and Direct Staff to Bring Back a Final Resolution to
Discontinue the Subject Street Rights-of-way (Gamradt)
06:31:12 PM (00:12:23) City Manager Overview
CM Mihelich presented the highlights on the consent agenda.
06:31:52 PM (00:13:02) Public Comment
Mayor Andrus opened public comment.
06:33:58 PM (00:15:09) Linda Young, Public Comment
Ms. Young commented as a Board Member for HRDC in reference to the affordable housing crisis and
the preservation of limited stock through the efforts at Darlinton Manor and Boulevard Apartments.
06:36:02 PM (00:17:13) Heather Grenier, Public Comment
Ms. Grenier commented representing HRDC on the critical nature of the grant agreement preserve the
restricted units for elderly or individuals with disabilities. She noted the non-transferability of the
subsidies.
06:39:09 PM (00:20:19) Motion and Vote: to approve Consent Items 1-6 as submitted. The motion
passed 5-0.
Deputy Mayor - Terry Cunningham: Motion
Commissioner - Michael Wallner: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Terry Cunningham: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Michael Wallner: Approve
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Commissioner - Jennifer Madgic: Approve
G. 06:39:49 PM (00:21:00) Public Comment
Mayor Andrus opened public comments
06:42:16 PM (00:23:27) Jason Delmue, Public Comment
Mr. Delmue, acting Vice Chair of the Bozeman Area Bicycle Advisory Board, commented on his own behalf.
He commented on the difficulty of bicyclists to cross Rouse Avenue at Peach Street. He made three
requests to address this issue. He noted the lack of a bike lane in the current three vehicle lane
configuration.
H. 06:46:47 PM (00:27:58) Mayoral Proclamation
1. 06:47:02 PM (00:28:12) Small Business Saturday (Andrus)
I. 06:49:27 PM (00:30:38) Action Items
1. 06:49:38 PM (00:30:49) Ordinance 2055, Final Adoption Creating the Pole Yard Urban
Renewal District and Adopting the Revised Pole Yard Urban Renewal District Plan with a Tax
Increment Financing Provision (Fontenot)
06:49:52 PM (00:31:03) Staff Presentation
CM Mihelich presented the questions for the Commission, the original Plan goals, the additional goals,
and suggested revisions to the Ordinance and the Plan.
06:55:16 PM (00:36:27) Questions of Staff
Cr. Wallner asked about future traffic flow and engineering in the area and whether the City has a plan
for mitigating neighborhood concerns. He asked how the URD would positively impact the area. He
asked about future infrastructure and how to make sure it is adequate for emergency vehicles.
Cr. Madgic asked about the special revenues related to the tax increment financing. She asked about the
two neighborhood plans in the City.
DM Cunningham asked about staff’s response to suggestions and concerns of non-conformance
provided by public comment. He asked how the City will address the new goal of protecting community
health. He asked about correspondence related to the Idaho Pole site from the Environmental
Protection Agency and the Montana Department of Environmental Quality.
07:12:10 PM (00:53:20) Public Comment
Mayor Andrus opened public comment.
07:14:36 PM (00:55:47) Susan Swimley, Public Comment
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Ms. Swimley representing Kenyon Noble commented on the preference of more specificity in strategies
for preservation of existing business. She asked why the desire to create the district before year end.
She commented on wanting to hear from the Environmental Protection Agency and Montana
Department of Environmental Quality on December 3.
07:16:00 PM (00:57:10) Amy Hoitsma, Public Comment
Ms. Hoitsma asked what the Commission’s vision for the Northeast area of Bozeman. She commented
on a potential developer’s vision for the area. She commented on dialing down the development
promotion.
07:19:30 PM (01:00:41) Bob Horne, Public Comment
Mr. Horne commented in support of creating the district to keep development near the City’s core.
07:20:39 PM (01:01:50) Chandler Dayton, Public Comment
Ms. Dayton commented on the additional language recommendations. She commented on the process
in developing the plan. She commented this area is not well suited for urban density development.
07:26:01 PM (01:07:12) Mayor Andrus temporarily lost connection to the meeting.
07:27:33 PM (01:08:44) Mayor Andrus rejoined the Webex videoconference.
07:26:40 PM (01:07:51) Emily Talago, Public Comment
Ms. Talago asked for clarification on the creation of an urban renewal board. She commented on right to
participate and right to know of the public related to the supplemental materials to the agenda. She
commented on the analysis finding conformance with the 2020 Community Plan.
07:31:54 PM (01:13:05) Ashley Ogle, Public Comment
Ms. Ogle commented on behalf of Kenyon Noble. She thanked Mayor Andrus for the Small Business
proclamation and the residents of the Northeast Neighborhood for their efforts related to this process.
She stated her desire to slow the process down until more information is available.
07:35:20 PM (01:16:30) Jay Pape, Public Comment
Mr. Pape commented to slow down to understand impacts and encouraged the Commission to vote
against the district. He commented on the past development of the Story Mill Landfill.
07:36:59 PM (01:18:09) Marilee Brown, Public Comment
Ms. Brown commented her confusion on why the neighborhood is against a funding mechanism to clean
up the pollution and solve the transportation difficulties.
07:38:51 PM (01:20:02) Kristin Griffin, Public Comment
Ms. Griffin asked to have the term urban defined as it applies to urban renewal and how the area meets
the definition to appropriately be considered for renewal.
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07:40:10 PM (01:21:21) Staff clarification
CM Mihelich responded to public comments.
07:44:03 PM (01:25:13) Questions of staff continued
Cr. Pomeroy asked about the institutional controls in the superfund site and the possible addition of
new wells after cleanup.
Cr. Madgic asked about the sense of urgency driving the creation of the district.
Cr. Wallner asked about public comments related to notice requirements.
07:48:06 PM (01:29:17) Staff Clarification
CA Sullivan noted the supplemental materials were provided for additional transparency to a legislative
act of the City Commission.
07:48:38 PM (01:29:49)
Mayor Andrus asked about transparency of this action item.
07:48:57 PM (01:30:07) Motion Having considered public comment, I move to approve final adoption of
Ordinance 2055, Creating the Pole Yard Urban Renewal District and Adopting the Revised Pole Yard
Urban Renewal District Plan with a Tax Increment Financing Provision and amend Ordinance 2055 and
the Plan as stated in the Staff Memorandum dated November 23, 2020 to recognize the Commission’s
adoption of the Bozeman Community Plan 2020 on November 17, 2020 and finding that the creation of
the District and the Revised Plan is in conformance with the newly adopted Bozeman Community Plan
2020.
Commissioner - Michael Wallner: Motion
Commissioner - Jennifer Madgic: 2nd
07:49:40 PM (01:30:50) Discussion
Cr. Wallner provided findings that the plan meets the necessary requirements. He stated the district will
help enhance the area that needs a commercial node for development and funding infrastructure. He
will support the motion.
Cr. Madgic stated the potential for development is causing angst due to rapid growth and she hears that
from the community. She identified the district is a tool to address needed improvements. She
recommended creation of a neighborhood plan.
Cr. Pomeroy agreed with Cr. Madgic and appreciated the additional goals. She will not support the
motion.
DM Cunningham stated his attempt to be deliberate through the process. He stated he would not
support the motion without the additional goals. He stated his goal is to receive answers to questions
and this tool will allow a funding mechanism to achieve that. He will support the motion.
Mayor Andrus stated she will support the motion. She stated this financing tool that will help work for
the entire district. She stated her support for creation of a neighborhood plan.
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08:06:45 PM (01:47:56) Vote on the Motion Having considered public comment, I move to approve final
adoption of Ordinance 2055, Creating the Pole Yard Urban Renewal District and Adopting the Revised
Pole Yard Urban Renewal District Plan with a Tax Increment Financing Provision and amend Ordinance
2055 and the Plan as stated in the Staff Memorandum dated November 23, 2020 to recognize the
Commission’s adoption of the Bozeman Community Plan 2020 on November 17, 2020 and finding that
the creation of the District and the Revised Plan is in conformance with the newly adopted Bozeman
Community Plan 2020. The motion passed 4-1.
Commissioner - Michael Wallner: Motion
Commissioner - Jennifer Madgic: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Terry Cunningham: Approve
Commissioner - I-Ho Pomeroy: Disapprove
Commissioner - Michael Wallner: Approve
Commissioner - Jennifer Madgic: Approve
2. 08:07:26 PM (01:48:37) Resolution 5220 Amending the FY21 Budget to increase the
Community Housing Fund Appropriation for $500,000 for Funding an Affordable Housing
Project Grant (Donald)
08:07:58 PM (01:49:08) Staff Presentation
Finance Director Kristin Donald presented the background of the amendment.
08:09:16 PM (01:50:27) Questions of Staff
DM Cunningham commented about a Timber Ridge project proposal request.
Mayor Andrus asked clarification that this allocation is from existing funds and the fund balance
remaining.
08:12:46 PM (01:53:57) Public Comment
There were no public comments.
08:15:32 PM (01:56:43) Motion to approve Resolution 5220 amending the FY21 Budget to increase the
Community Housing Fund appropriation for $500,000 for funding affordable housing project grant.
Commissioner - Jennifer Madgic: Motion
Commissioner - I-Ho Pomeroy: 2nd
08:16:09 PM (01:57:20) Discussion
08:22:03 PM (02:03:14) Vote on the Motion to approve Resolution 5220 amending the FY21 Budget to
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increase the Community Housing Fund appropriation for $500,000 for funding affordable housing project
grant. The motion passed 5-0.
Commissioner - Jennifer Madgic: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Terry Cunningham: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Michael Wallner: Approve
Commissioner - Jennifer Madgic: Approve
08:22:22 PM (02:03:33) Recess
Mayor Andrus called the meeting into recess until 8:30 PM.
08:30:19 PM (02:11:29) Call to Order
Mayor Andrus called the meeting back to order.
3. 08:30:30 PM (02:11:41) Resolution 5230 Amending the FY21 General Fund Budget for the
Purpose of Using CARES Act Reimbursement Funds for COVID Relief Grants (Rosenberry)
08:31:20 PM (02:12:30) Staff Presentation
Assistant City Manager Anna Rosenberry presented staff’s recommendation for uses State Coronavirus
Relief Funds, the four needs presented were a reserve for future COVID needs, a Non-profit Support
Program, a Business Support Program, a City Operations Program, suggested program operations, and
estimated program revenue projections.
08:38:35 PM (02:19:46) Questions of staff
Cr. Pomeroy asked about the reserve fund uses. She asked about the need for non-profit support. She
asked about the business support program. She asked about the City operations supported.
DM Cunningham asked about restrictions on use of funds or expiration of such a requirement. He asked
about restrictions to program recipients within the City. He asked about future Commission review on
allocation of these funds. He asked about the possibility of using this funds for land acquisition for
affordable housing.
Cr. Madgic stated her agreement with the philosophy of this program. She asked which non-profit groups
have received money in the past from the City.
Mayor Andrus asked about the required timeline for allocation of funds. She asked about the approval of
allocations of funds. She asked about factors for choice of applications.
09:03:28 PM (02:44:39) Public Comment
There were no public comments.
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09:07:03 PM (02:48:14) Motion to Approve Resolution 5230 Amending the FY21 General Fund Budget for
the purpose of using CARES Act Reimbursement funds for COVID Relief grants.
Discussion
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Terry Cunningham: 2nd
09:07:36 PM (02:48:47) Discussion
09:12:49 PM (02:53:59) Vote on the Motion to Approve Resolution 5230 Amending the FY21 General
Fund Budget for the purpose of using CARES Act Reimbursement funds for COVID Relief grants. The
motion passed 5-0.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Terry Cunningham: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Terry Cunningham: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Michael Wallner: Approve
Commissioner - Jennifer Madgic: Approve
4. 09:13:14 PM (02:54:24) Presentation of the FY2022 – FY2026 Capital Improvement Plan (CIP)
Introduction and Public Works Funds (Donald)
09:13:48 PM (02:54:58) Staff presentation
CM Mihelich, Director Donald, and Public Works Director Mitch Reister presented the timeline of the
CIP, role of the Strategic Plan, funding the CIP, total scheduled projects by fund, unscheduled projects by
fund, and the presentation schedule. They presented all Public Works funds and the highlighted funds.
They presented the Water Fund funding, financial summary, the revenue estimate, expenditures, and
project highlights. They presented the Water Impact Fee funding, borrowing for projects, the financial
summary, the revenue estimate, estimates, project highlights, and the Impact Fee Advisory Committee’s
recommendation as presented.
09:24:58 PM (03:06:09) Questions of staff
DM Cunningham stated the specific section for the Arterial and Collector and Streets Maintenance
Funds were not contained in the packet materials. He asked about highlighted projects. He asked about
uses of water impact fees.
Cr. Wallner asked about the lifespan of a projected vehicle replacement.
Cr. Madgic asked percentage of water provided by the wellfield project. She asked about an increase in
impact fees.
Cr. Pomeroy asked about water impact fee revenues.
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Mayor Andrus asked for a hard copy of the draft CIP. She asked about process for project requests
appearing in the CIP. She asked about an increase in a specific project request. She asked about new
project requests.
09:41:48 PM (03:22:58) Staff presentation continued
Directors Donald and Reister presented the Wastewater Fund revenue, financial summary, and project
highlights. They presented the Wastewater Impact Fee revenue, borrowing for projects, financial
summary, project highlights, and the Impact Fee Advisory Committees recommendation as presented.
09:48:42 PM (03:29:52) Questions of staff
DM Cunningham asked about inflationary cost increases and unscheduled projects.
Cr. Wallner commented on the pipe replacement project.
Cr. Pomeroy asked about unscheduled wastewater fund projects.
09:58:56 PM (03:40:07) Meeting Extended
Mayor Andrus extended the meeting until 10:30 PM.
09:59:01 PM (03:40:12) Questions of staff continued
Mayor Andrus asked about the Riverside Annexation impact project being removed from last year’s CIP.
10:01:50 PM (03:43:00) Staff presentation continued
Directors Donald and Reister presented the Street Maintenance Fund revenue, financial summary, and
project highlights.
10:04:52 PM (03:46:02) Questions of staff
DM Cunningham asked about funding for non-motorized pathway improvements. He asked about the
impact an increase in funding for such projects would have on other projects and where the funding
would come from.
Cr. Wallner asked for a reallocation of funding for bike and pedestrian improvements. He asked about
the funding of a signal at Bozeman High School.
Mayor Andrus asked about the Bridger Creek stabilization project. She asked about the snow storage
drainage project.
10:14:01 PM (03:55:12) Staff presentation continued
Directors Donald and Reister presented the Stormwater Fund revenues, financial summary, and project
highlights.
10:18:02 PM (03:59:12) Questions of staff
Cr. Madgic asked about rate increases.
Cr. Pomeroy asked revenue estimates.
Mayor Andrus asked a specific new project.
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10:24:29 PM (04:05:40) Staff presentation continued
Directors Donald and Reister presented the Arterial & Collector and Street Impact Fee Funds overview,
revenue, financial summaries, shared funding projects, and project highlights.
10:30:54 PM (04:12:04) Meeting extended
Mayor Andrus extended the meeting until 11 PM.
10:31:03 PM (04:12:13) Staff Presentation continued
Director Reister presented the Impact Fee Advisory Committees recommendations on the plan and a
map of planned projects.
10:35:35 PM (04:16:45) Questions of staff
DM Cunningham asked potential future projects around Cottonwood Road.
Mayor Andrus asked about a specific unscheduled project.
10:39:44 PM (04:20:54) Staff Presentation
Director Donald highlighted the location of the full CIP on the City’s website.
10:40:23 PM (04:21:34) Public Comment
Mayor Andrus opened public comments.
10:42:09 PM (04:23:19) Marilee Brown, Public Comment
Ms. Brown from Safer Bozeman and Gal10 Alliance Pathways commented on a lack of stand-alone
pedestrian and bike pathways. She commented on the lack of additional funding.
10:45:20 PM (04:26:30) Betty Stroock, Public Comment
Ms. Strook commented on the need for additional funding for paths and bikes, and her desire to see better
coordination between departments related to pathways.
10:49:41 PM (04:30:51) Response of Staff
CM Mihelich responded to public comments.
5. 10:51:24 PM (04:32:34) Appointments to the Design Review Board (Maas)
10:51:34 PM (04:32:45) Public Comments
There were no public comments
Motion and Vote to appoint one member, Erin Eisner, to the Design Review Board, non-professional
position, and one member, Troy Scheerer, to the Landscape Architect or Design position, both terms
expiring June 30, 2022. The motion passed 5-0.
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Deputy Mayor - Terry Cunningham: Motion
Commissioner - Michael Wallner: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Terry Cunningham: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Michael Wallner: Approve
Commissioner - Jennifer Madgic: Approve
J. 10:54:31 PM (04:35:41) FYI/Discussion
• CM Mihelich responded to public comments related to the Peach Street and Rouse Avenue
intersection.
K. 10:56:37 PM (04:37:48) Adjournment
___________________________________
Cynthia L. Andrus
Mayor
ATTEST:
___________________________________
Mike Maas
City Clerk
PREPARED BY:
___________________________________
Mike Maas
City Clerk
Approved on: March 23, 2021
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