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HomeMy WebLinkAbout09-14-21 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, September 14, 2021 Page 1 of 12 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, September 14, 2021 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Staff Present in the Webex: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A) 00:11:31 Call to Order - 6:00 PM - WebEx Videoconference B) 00:14:13 Pledge of Allegiance and a Moment of Silence C) 00:14:52 Changes to the Agenda • CM Mihelich announced that Consent Item 7 was removed from the agenda. D) 00:15:21 FYI • Mayor Andrus commented on the decision to continue virtual meetings. She noted the most reliable metric is community transmission and after several weeks of low to moderate transmission the Commission will reconsider. • CM Mihelich provided an update on a recent incident involving policer officers in downtown Bozeman. He provided an update on the City's drought score. He noted a new vaccine incentive program to be funded by ARPA funds, where any Bozeman resident provides proof of vaccination status for entry in a raffle to win $1,000 gift cards. E) 00:22:47 Commission Disclosures F) 00:22:55 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize the City Manager to Sign a Cash-in-lieu of Parkland Grant Agreement with Southwest Montana Mountain Bike Association for Westlake Park 2020 Westlake Park CILP application.pdf Grant Agreement - SWMMBA.docx F.3 Findings of Fact for the Bozeman Gateway Phase 5 Major Subdivision, Application 20094 (Quasi-judicial) DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting Minutes, September 14, 2021 Page 2 of 12 20094 Findings of Fact.pdf Preliminary Plat.pdf F.4 Authorize the City Manager to Sign a Notice of Award for the Bozeman Sourdough Water Transmission Main, Phase 2 Project, to CK May Excavating Inc. for the Total Base Bid in the Amount of $4,105,303.90, and Final Contract Documents Once Received Notice of Award, Bid Tabulation, Award Recommendation, DEQ Award Authorization, Letter from Nord Formal Bid Protest.pdf F.5 Authorize the City Manager to Sign an Irrevocable Offer of Dedication, Drainage Easement, Public Street and Utility Easement, Public Utility Easement, Public Water and Sewer Easement with Haven for the Haven Site Plan (20451) Irrevocable Offer of Dedication Drainage Easement Public Street and Utility Easement Public Utility Easement Public Water and Sewer Easement F.6 Authorize the City Manager to Sign a Drainage Easement, Public Access Easement, Public Pedestrian Access Easement, and a Utility Easement with Glacier Bank for the First Security Bank Site Plan (21044) Drainage Easement Public Access Easement Public Pedestrian Access Easement Utility Easement F.7 Authorize the City Manager to Sign Temporary Construction Permits and Right-of-Way Documents with ExxonMobil for the Griffin Drive and Manley Road Street and Stormwater Improvements Project 20210824_ExxonMobil_right of entry_w-Fig1.pdf F.8 Authorize the City Manager to Sign a Purchase Agreement for a Police Canine, Including the Training of a New Handler Purchase Agreement for Police Canine.pdf F.9 Authorize the City Manager to Sign a Joint Funding Agreement with the U.S. Geological Survey for the Continued Operation of the Real-time Streamflow Gauging Station on the East Gallatin River Joint Funding Agreement_Federal FY22.pdf F.10 Ratify the City Manager's Signature on an Agreement for Services with Montana State University for SARS-COV-2 Testing at the Wastewater Treatment Plant Services Agreement_COB and MSU Covid 9 1 2021.pdf F.11 Authorize the City Manager to Sign an Interlocal Site License Agreement for Operation of Convenience Site Between the Gallatin County Solid Waste Management District, Gallatin County and the City BCSAgreement Final Ex A (002).pdf F.12 Authorize the City Manager to Sign a Professional Services Agreement with GIS Inc. for Cityworks Support Services Exhibit A - GIS Inc Remote Support Quote.pdf Exhibit B - PSA GIS Inc. 2021.docx F.13 Authorize the City Manager to Sign the Professional Services Agreement with HDR for the Downtown Bozeman Creek Culvert Assessment Project Downtown Bozeman Creek Culvert Assessment Professional Services Agreement.pdf DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting Minutes, September 14, 2021 Page 3 of 12 F.14 Authorize the City Manager to Sign a Professional Services Agreement with Greenspace Landscaping for Snow Plow Services in the Bridger Parking Garage and Surrounding Sidewalks PSA Bridger Garage Plowing--Greenspace Landscaping--Sept 2021.docx F.15 Authorize the City Manager to Sign an Amended Professional Services Agreement with Big Horn Snow Removal for Snow Removal Services in the Four City Owned Service Lots Open for Public Parking in the Downtown Core and the Bozeman Senior Center Surface Lot PSA Surface Lots and Senior Center--Big Horn Snow Removal--Amendment 2--Sept 2021.docx F.16 Authorize the City Manager to Sign an Amended PSA with Passport Labs, Inc. for Parking Enforcement and Permit Software PSA Amendment Passport Permit and Enforcement Software Sept 2021.docx F.17 Authorize the City Manager to Sign an Amendment to the Professional Services Agreement with Treasure State, Inc. for Services to Design and Construct the Bogert Park Court Renovation Project Attachment A PSA - Treasure State Inc - Bogert Court Renovation Project.pdf Attachment B PSA-Amendment-1 Treasure State Inc.-Bogert Park Court Renovation.pdf F.18 Ratify the City Manager's Signature on First Amendment to Profession Services Agreement with Sterling BZN, LLC for Sale of Fire Station 1 First Amendment Sterling BZN, LLC.pdf F.19 Authorize the City Manager to Sign an Amendment 1 to the Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. for the Water Supply Optimization and Management Tool Amendment No. 1 to PSA for WSOMT Ph 2 F.20 Authorize the City Manager to Sign Task Order 3 SCADA Master Plan Development Under Existing SCADA On-Call Services Professional Services Agreement Term Contract SCADA On-Call Services Task Order 3.pdf F.21 Authorize the City Manager to Sign an Amendment 7 to the Capital Improvement Projects Field Survey with Morrison-Maierle, Inc to Facilitate Upcoming Sewer Renovations Projects PSA Amendment No 7_TE.pdf Original Survey PSA.pdf F.22 Resolution 5331 Annexing the University Crossing Apartments 2021 Annexation for 10,247 sq. ft. Located at 2025 W. Kagy Blvd, and Authorizing the City Manager to Sign the Annexation Agreement and Associated Right of Way and Utility Easements, Application 21152 Resolution 5331 - University Crossing Apts 2021 Annx 21152.pdf Signed Annexation Agreement 21152.pdf 210228 - Annexation Map - 2021.08.26.pdf Signed street and utility easement for Kagy Blvd 21152.pdf Signed Utility Easement 21152.pdf F.23 Resolution 5332 Intent to Modify Special Improvement Lighting District 744 for South University District Phases 1-3 Resolution 5332 Intent to Modify SILD 744 Boulder Creek Subdivision.docx EXHIBIT A.pdf EXHIBIT B.pdf DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting Minutes, September 14, 2021 Page 4 of 12 F.24 Resolution 5334 Authorizing Prime Change Order 13 with Langlas and Associates for Construction of the Bozeman Public Safety Center 19426 Change Estimate Log 08.16.21.pdf BPSC Job No. 19426 Prime CO 13_signed STL.pdf F.25 Resolution 5336 Authorizing Change Order 4 to the North 7th Avenue Streetscape Project Resolution 5336 N 7th Streetscape Change Order 4.docx N 7th - CO4 Elm ROW Improvements_Executed by MM and TSI.pdf F.26 Ordinance 2086, Provisional Adoption of the University Crossing Apartments 2021 Zone Map Amendment, Giving an Initial Designation of B-2, Community Business District, on 10,247 Square Feet at 2025 Kagy Blvd in Association with Annexation, Application 2152 Ordinance 2086 University Crossing Apts ZMAs 21152.pdf 210228 - INTIAL ZONE MAP - 2021.08.26.pdf F.27 Ordinance 2087, Provisional Adoption of the Stockyard Properties Zone Map Amendment to Amend Zoning on 15.28 Acres from R-4 Residential High Density and B-1 Neighborhood Business District to REMU Residential Emphasis Mixed Use and B-2M Community Business District Mixed at the Intersection of Griffin Drive and Story Mill Road, Application 21102 Ordinance 2087 - Stockyard ZMA 21102.pdf Stockyard ZMA Final 08-24-2021.pdf 00:22:56 City Manager Introduction CM Mihelich provided the highlights of the consent agenda. 00:26:03 Public Comment There were no public comments on the consent agenda. 00:29:27 Motion to approve Consent Items 1-6, and 8-27. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:29:29 Vote on the Motion to approve Consent Items 1-6, and 8-27. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:29:38 Public Comment Mayor Andrus opened general public comment. 00:32:43 Evan Rainey, Public Comment DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting Minutes, September 14, 2021 Page 5 of 12 Evan Rainey commented on item consent item F25 on the TIF funding outside the decision making of the TIF board. He stated his opinion that developers do not need TIF funds and that ending TIF is one of his main campaign points. H) 00:34:51 Action Items H.1 00:34:52 Resolution 5272 Establishing Rates for Stormwater Service for FY22 and FY23 Stormwater Rates.docx Resolution 5272 - Stormwater Rates FY22.docx 00:35:06 Staff Presentation Finance Director Kristin Donald presented the rate increase based on approved budget. 00:36:39 Questions of Staff 00:40:51 Public Comment There were no public comments on this item. 00:43:08 Motion to approve Resolution 5272 Establishing rates for stormwater service for FY22 and FY23. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:43:28 Discussion 00:45:44 Vote on the Motion to approve Resolution 5272 Establishing rates for stormwater service for FY22 and FY23. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H.2 00:46:01 Resolution 5273 Establishing Rates and Fees for Water Service for FY22 and FY23 Water Rates.docx Resolution - 5273 Water Rates FY22.docx 2021 Water Memo - Final .pdf 2021 Drought Rate Surcharge Memo - Final.pdf 00:46:13 Staff Presentation Director Donald presented the water rates and fees for FY22 and FY23 based on approved budget. DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting Minutes, September 14, 2021 Page 6 of 12 00:47:29 Questions of Staff 00:58:38 Public Comment Mayor Andrus opened this item for public comment. 01:00:13 Emily Talago, Public Comment Emily Talago commented on water as a finite resource and must align with the community priorities on how it is used and the consideration of rate reduction applications based upon how water is used. 01:04:22 Motion to approve Resolution 5273 Establishing rates and fees for Water service for FY22 and FY23. Terry Cunningham: Motion Jennifer Madgic: 2nd 01:04:37 Discussion 01:10:59 Vote on the Motion to approve Resolution 5273 Establishing rates and fees for Water service for FY22 and FY23. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H.3 01:11:15 Resolution 5274 Establishing Rates for Wastewater Service for FY22 and FY23 Wastewater Rates.docx Resolution - 5274 Wastewater Rates FY22 and 23.docx 2021 Wastewater Memo - Final.pdf 01:11:29 Staff Presentation Director Donald presented the wastewater rates for FY22 and FY23 based on the approved budget. 01:12:20 Questions of Staff 01:16:28 Public Comment There were no public comments on this item. 01:19:02 Motion to approve Resolution 5274 Establishing rates for Wastewater service for FY22 and FY23. DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting Minutes, September 14, 2021 Page 7 of 12 Jennifer Madgic: Motion Christopher Coburn: 2nd 01:19:23 Discussion 01:23:38 Vote on the Motion to approve Resolution 5274 Establishing rates for Wastewater service for FY22 and FY23. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H.4 01:23:57 Resolution 5275 Establishing Rates for Solid Waste Services for FY22 Solidwaste Rates.docx Resolution - 5275 Solidwaste Rates FY22.docx 01:24:06 Staff Presentation Director Donald presented the solid waste rates for FY22 based on the approved budget. 01:26:15 Questions of Staff 01:28:29 Public Comment There were no public comments on this item. 01:30:56 Motion to approve Resolution 5275 Establishing rates for Solid Waste services for FY22. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 01:31:07 Discussion 01:32:42 Vote on the Motion to approve Resolution 5275 Establishing rates for Solid Waste services for FY22. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting Minutes, September 14, 2021 Page 8 of 12 None H.5 01:33:08 Adoption of Resolution 5324 and Provisional Adoption of Ordinance 2083 for the 2021 NE Corner Davis Lane & Westlake Road Annexation and Zone Map Amendment, Located at the Northeast Corner of the Intersection of Westlake Road and Davis Lane, to the South of Interstate 90, for 17.197 Acres to be Given Initial Zoning of R-5 Residential Mixed Use High Density District, and Authorize the City Manager to Sign the Annexation Agreement and Associated Right of Way Easements, Application 21186 21186 Davis and Westlake Annx-ZMA CC staff report.pdf Resolution 5324 - 21186.pdf 6770.002 - Davis 17 ac- Annexation Map - 070821.pdf 21186 Annexation Agreement - Distribution.pdf 6770002 Trail easement-EXHIBIT.pdf Public Access Easement - signed.PDF Public Street and Utility Easement - signed.PDF 6770002 Davis Lane easement-EXHIBIT.pdf Ordinance 2083 - 21186.pdf 6770.002 - Davis 17 ac- Zoning Map - 070821.pdf 01:33:30 Staff Presentation Community Development Program Manager Chris Saunders presented the application, the property location, the Future Land Use Map, current adjacent zoning, the annexation goals and policies criteria, the zoning criteria, the public comments received, and the recommendations for the application. 01:39:09 Questions of Staff 01:57:06 Applicant Presentation Matt Eckstrom from Morrison-Maierle presented on behalf of the applicant. He stated their agreement that high density residential makes sense at this location due to its proximity to the new Billings Clinic, the nearby transportation network, and surrounding water and sewer infrastructure. He stated there are no current plans for the site. He stated agreement with the staff report and the conditions of approval as written. 01:58:56 Questions of Applicant 02:07:52 Public Comment Mayor Andrus opened this item for public comments. 02:10:43 Jason Delmue, Public Comment Jason Delmue commented on his own behalf and the benefits of annexation to meeting City standards for transportation, specifically separated mixed-use pathways. He commented on the benefit of R-5 zoning in allowing non-residential uses if chosen. 02:13:25 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 21186 and move to approve Resolution 5324, the 2021 NE Corner Davis Lane and Westlake Road Annexation. DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting Minutes, September 14, 2021 Page 9 of 12 I-Ho Pomeroy: Motion Terry Cunningham: 2nd 02:13:57 Discussion Cr. Pomeroy agreed with staff's findings and will support the motion. DM Cunningham agreed with staff's findings for the ten goals and eight policies of annexation. Cr. Madgic agreed with staff's findings and made note of the character of the district and the mixed use of the nearby properties. She found the annexation is compatible with the growth of Bozeman but expressed concerns related to agriculture in the valley and the adjoining property owner. Cr. Coburn agreed with staff's findings and expressed the need for affordable housing and not just housing. He stated his disappointment with the limitations of using annexation to provide for affordable housing. Mayor Andrus agreed with staff's findings and the previous comments by the Commission. She stated we welcome annexation and will continue to do so, but noted some missing opportunities that we do not have control over. She will support the motion. 02:21:30 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 21186 and move to approve Resolution 5324, the 2021 NE Corner Davis Lane and Westlake Road Annexation. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:21:52 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 21186 and move to provisionally adopt Ordinance 2083, the 2021 NE Corner Davis Lane and Westlake Road Zone Map Amendment. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 02:22:31 Discussion Cr. Pomeroy stated the need to preserve agricultural land and high density is the best use of the land. She stated her appreciation of recent developments that utilize mixed use for walkability and bikeability. DM Cunningham agreed with staff's findings that R-5 is appropriate in meeting the zoning criteria and that the application does not meet the elements of spot-zoning. He reiterated concerns of waiting for the further development review and the necessary Affordable housing needs to be addressed through intentional design. He noted this property as entrance view from the highway. Cr. Madgic stated concerns with the development reaching the highest allowable density that takes advantage of the amenities in the area. She stated high-density makes sense in this location given access DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting Minutes, September 14, 2021 Page 10 of 12 to the transportation and nearby amenities. She expressed her trepidation with having to wait for further development review. Cr. Coburn echoed the statements of the previous Commissioners in the need for a development to meet the intent of R-5 zoning. Mayor Andrus stated her sympathy with the public comment from the adjacent property owner. She stated the need for more than just density to benefit the community. She stated her hope to see a development proposal that benefits the community beyond density. 02:37:23 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 21186 and move to provisionally adopt Ordinance 2083, the 2021 NE Corner Davis Lane and Westlake Road Zone Map Amendment. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:37:49 Meeting went into Recess Mayor Andrus called the meeting into recess. 02:38:23 Meeting Reconvened Mayor Andrus called the meeting back to order. H.6 02:38:29 Lot 5C, Annie Subdivision Phase 2 Zone Map Amendment to Rezone Two Existing Parcels from R-4 (Residential High Density) to R-5 (Residential Mixed-use High Density) on 3.492 Acres, Application 21172 1.0 A1 - Development Review Application 04-20-2021 - Signed.pdf 2.0 Zone Map Amendment Narrative - 05-18-2021.pdf 4.0 ZMA Map 05-10-2021.pdf 1.2 City Adjoiners -Annie Subd. Ph 2 04-26-2021.pdf 21172 Lot 5C CC SR.pdf 02:38:44 Staff Presentation Planner Tom Rogers presented the application, entered the staff report and the applicant submittal into the record. He presented requested zoning change, the project vicinity, the FLUM, implementing zoning districts, the adjacent zoning, the difference between R-4 and R-5 zoning, the zoning criteria, no public comment received, and the recommendations. 02:44:32 Questions of Staff 02:55:59 Applicant Presentation DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting Minutes, September 14, 2021 Page 11 of 12 Ethan Cote and Drew Kirsch from C&H Engineering, and Jason Zalac, applicant, presented the application. Mr. Cote stated the intent is to build entry-level priced condo units, but do not have conceptual drawings. He stated the potential to review the stormwater portion during future development steps. He presented the vicinity, the neighboring zoning, a statement justifying the request for R-5 zoning, proximity to commercial and community services, the zoning criteria, 03:07:12 Questions of Applicant 03:10:52 Public Comment There were no public comments on this item. 03:14:00 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 21172 and move to recommend approval of the Lot 5C, Annie Subdivision Phase 2 Zone Map Amendment, with contingencies required to complete the application processing. Terry Cunningham: Motion Jennifer Madgic: 2nd 03:14:29 Discussion DM Cunningham agreed with staff's findings related to the zoning criteria and that this application does not meet the criteria for spot zoning. He highlighted differences in housing types between condos and apartments. Cr. Madgic agreed with the stated findings. She stated the difficulty associated with looking at the big picture with smaller parcels. She agreed with Cr. Coburn's point related to neighborhood scale commercial use in the area. Mayor Andrus agreed with the previous comments and appreciated the presentations. 03:21:38 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 21172 and move to recommend approval of the Lot 5C, Annie Subdivision Phase 2 Zone Map Amendment, with contingencies required to complete the application processing. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I) 03:21:59 FYI / Discussion • DM Cunningham stated interest in learning more about the decision made for the Midtown District referenced in public comments. He asked about the criteria related ARPA grants and DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting Minutes, September 14, 2021 Page 12 of 12 their allocation to ensure they are being fairly judged. He stated interest in discussions with the County and HRDC for funding a 24/7 shelter. J) 03:25:30 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas Deputy City Clerk Approved on: September 28, 2021 DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F