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Home My WebLink About03-09-21 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, March 9, 2021 Page 1 of 8 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, March 9, 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) 00:20:41 Call to Order - 6:00 PM - WebEx Video Conference B) 00:24:12 Pledge of Allegiance and a Moment of Silence C) 00:24:45 Changes to the Agenda • CM Mihelich noted that I.1 Resolution 5261 has been removed from the agenda. E) 00:25:10 FYI • Mayor Andrus noted the efforts taken to support the City Commission over the last year in response to the Covid-19 pandemic. She offered thanks to all those that had to make decisions that many never expected. She noted that there is nothing that cannot be accomplished when the community works together. She noted the Parking Commission meeting will be at 7:30 am on Thursday, March 11 and the Parks and Recreation Board will meet at 6:30 pm on Thursday, March 11, as well. • DM Cunningham noted that CAHAB will meet Wednesday, March 10 at 8 am. He also noted the MSU Friday Forum at noon on Friday, March 12. • Cr. Pomeroy noted that Friday, March 12 at 1 pm, the Gallatin City-County Board of Health will meet to discuss extension and amendment to the local health declaration of emergency. • CM Mihelich noted the Community Engagement Survey is available on the City's website at www.bozeman.net/engage to assist in a broad look in how residents would like to participate in City government. F) 00:32:29 Commission Disclosures There were no disclosures. DocuSign Envelope ID: CC07B567-C6E7-49CC-954F-7D9B0CDE0962 Bozeman City Commission Meeting Minutes, March 9, 2021 Page 2 of 8 G) 00:32:39 Consent G.1 Accounts Payable Claims Review and Approval Cover Page G.2 Formal Cancellation of the March 16, 2021 Regular City Commission Meeting Cover Page G.3 Approve a Final Plat for the Cottonwood Major Subdivision and Authorize the Director of Public Works to Execute the Same on Behalf of the City of Bozeman; the Director of Community Development to Execute the Improvements Agreements on Behalf of the City of Bozeman, Application 20186 Cover Page 20186 Cottonwood Subdivision Final Plat Staff Transmittal.docx 20186 Cottonwood Subdivision Final Plat Sheet 1 of 3.pdf 20186 Cottonwood Subdivision Final Plat Sheet 2 of 3.pdf 20186 Cottonwood Subdivision Final Plat Sheet 3 of 3.pdf G.4 Authorize Judge Seel to Sign a Judicial Services Agreement Between Bozeman Municipal Court and Kathleen Brandis Cover Page KAB contract Final 3 1 21.docx G.5 Authorize the City Manager to Sign a 2020-2022 Professional Services Agreement with HDR, Inc. for Wetland Consulting Services Cover Page Professional Services Agreement with HDR Engineering for Wetland Consulting.pdf City of Bozeman Wetland Review 2020 Exhibit A FINAL.pdf HDR_City of Bozeman_Technical Review Services_5-7-2020 Exhibit B.pdf G.6 Ordinance 2057, Final 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 FINAL_Ordinance No. 2057_Floodplain Regs REVISED 2-24-2021.docx 00:32:40 CM Introdution CM Mihelich provided the highlights of the Consent agenda. 00:33:32 Public Comment Mayor Andrus opened the Consent Agenda for public comment. 00:35:18 Sherry Staub, Public Comment Sherry Staub commented on item G5 and how serious and intentional the Commission will be about protecting wetlands. 00:37:12 Motion to approve Consent Items 1 - 6 as submitted. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:37:25 Vote on the Motion to approve Consent Items 1 - 6 as submitted. The Motion carried 5 – 0. DocuSign Envelope ID: CC07B567-C6E7-49CC-954F-7D9B0CDE0962 Bozeman City Commission Meeting Minutes, March 9, 2021 Page 3 of 8 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: None H) 00:37:43 Public Comment Mayor Andrus opened general public comment. 00:40:08 Natasha Gesker, Public Comment Natasha Gesker commented with excitement on the Community Engagement Survey. I) 00:42:02 Action Items I.1 Resolution 5261, Amending the Fiscal Year 2021 (FY21) Budget for the Community Housing Fund for the Purpose of Impact Fee Reimbursement for Emergency and Transitional Housing Projects Cover Page Resolution 5261 Budget Amendment Community Housing Fund.docx HFV impact fee reimbursement request.pdf Haven Impact Fees.pdf I.2 00:42:04 Norton Ranch Phase 5 Major Subdivision, Application 21024 (Quasi- judicial) Cover Page NortonRanchPhase5PreliminaryPlat_012021.pdf PhasingExhibit_012021.pdf A1Form_012121.pdf 21024_CC_Staff_Report.pdf 00:42:20 Staff Presentation Planner Sarah Rosenberg presented the application, entered the staff report into the record, noted the modification in response to conditions of approval and code provisions from an application approved by the City Commission on December 15, 2020, the surrounding area, the proposed Phase 5 development, parkland in the project, a summary of public comment, Planning Board and Staff recommendations. 00:46:28 Questions of Staff 00:51:51 Applicant Presentation Greg Stratton of Killday and Stratton presented the changes in this modification. 00:53:38 Questions of Applicant 00:55:32 Public Comment There were no public comments. DocuSign Envelope ID: CC07B567-C6E7-49CC-954F-7D9B0CDE0962 Bozeman City Commission Meeting Minutes, March 9, 2021 Page 4 of 8 00:59:04 Motion having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 21024 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions. Terry Cunningham: Motion Michael Wallner: 2nd 00:59:28 Discussion DM Cunningham provided findings in agreement with the staff's report. 01:05:34 Vote on the Motion having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 21024 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: None I.3 01:05:55 PDI Investments, LLC Annexation and Zone Map Amendment for the Establishment of a Zoning Designation of B-2 for a Property Addressed at 2777 North 7th Avenue, Application 20346 Cover Page 20346 PDI Annex-ZMA CC SR.docx A1 - Signed - Development Review Application.pdf Annexation & ZMA Cover Letter 10-07-20.pdf N1 - Noticing Materials Posting.pdf ZMA Criteria Narrative 09-28-20.pdf Exhibit B - PDI Initial ZMA Exhibit 12-04-20.pdf Exhibit A - PDI Annexation Exhibit 12-04-20.pdf 01:06:18 Staff Presentation Planner Tom Rogers presented the application, the subject property and general vicinity, Future Land Use Map designation and related implementing zoning districts, the Goals and Policy analysis from Resolution 5076, Zoning Criteria of Evaluation, Zoning Commission and Staff Recommendations. Engineer Lance Lehigh presented the infrastructure requirements related to the application. 01:19:11 Questions of Staff 01:29:30 Applicant Presentation DocuSign Envelope ID: CC07B567-C6E7-49CC-954F-7D9B0CDE0962 Bozeman City Commission Meeting Minutes, March 9, 2021 Page 5 of 8 Chris Budeski with Madison Engineering presented on behalf of the applicant. He spoke on the water and sewer main extensions and the timing provisions in the annexation agreement. He stated agreement with the conditions and contingencies. Jerry Pape presented the intent of the application. He stated the owner's desire to expand to the west, which is occupied by the drain field and will need to attach to City sewer. 01:35:08 Questions of Applicant 01:37:42 Public Comment There were no public comments. 01:42:35 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 20346 and move to approve the PDI Investments annexation with recommended terms of annexation and direct staff to prepare an annexation agreement for signature by the parties. Michael Wallner: Motion Jennifer Madgic: 2nd 01:42:57 Discussion Cr. Wallner concurred with staff's findings on policies and goals of annexation, and that the application is in alignment with current growth policies and recommendations. He stated his general disagreement with annexation, voluntary or not, and the annexation criteria and policy. He stated he will not support the motion. Cr. Madgic stated support for this annexation and annexation generally. She noted the issues related to inholding islands as problematic for the City. She highlighted specific goals from the 2020 Growth Policy. Cr. Pomeroy stated her support for the motion. DM Cunningham noted the situation if a failed septic system occurs they would be required to connect to City service. He will support the motion. Mayor Andrus stated she will support the motion. She noted the compromise made related to the timing of improvements. 01:49:38 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 20346 and move to approve the PDI Investments annexation with recommended terms of annexation and direct staff to prepare an annexation agreement for signature by the parties. The Motion carried 4 – 1. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: Michael Wallner DocuSign Envelope ID: CC07B567-C6E7-49CC-954F-7D9B0CDE0962 Bozeman City Commission Meeting Minutes, March 9, 2021 Page 6 of 8 01:50:01 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 20346 and move to recommend approval of the PDI Investments LLC Zone Map Amendment, with contingencies required to complete the application processing. Michael Wallner: Motion Jennifer Madgic: 2nd 01:50:26 Discussion Cr. Wallner made findings in agreement with staff's findings on Zoning Criteria and staff's findings that this is not spot zoning. He stated he will support the amendment. Cr. Madgic stated her support for the motion. Cr. Pomeroy stated her support for the motion. DM Cunningham stated his appreciation for compromise and collaboration between applicant and staff. Mayor Andrus will support the motion and associated herself with the findings. 01:54:37 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 20346 and move to recommend approval of the PDI Investments LLC Zone Map Amendment, with contingencies required to complete the application processing. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: None J) Appointments J.1 01:54:59 Appointments to the Planning Board Cover Page 02-05-21 CAB Application - G. Thompson, reapplicant.pdf 06-25-20 CAB Application - C. Quisenberry, new applicant.pdf 10-29-20 CAB Application - J. Hansen, new applicant.pdf 11-02-20 CAB Application - M. Hausauer, new applicant.pdf 01-21-20 CAB Application - A. Stix, new applicant.pdf 01-30-21 CAB Application - M. Egge, reapplicant.pdf 01-31-21 CAB Application - C. Costakis, reapplicant.pdf 01:55:04 Public Comment Mayor Andrus opened this item for public comment. 01:56:33 Jerry Pape, Public Comment DocuSign Envelope ID: CC07B567-C6E7-49CC-954F-7D9B0CDE0962 Bozeman City Commission Meeting Minutes, March 9, 2021 Page 7 of 8 Jerry Pape commented on his service as the Gallatin County representative to the Planning Board and a phone conversation with Mayor Andrus. 01:58:49 Christopher Coburn, Public Comment Christopher Coburn commented on his own behalf. He expressed his support for Mark Egge and Cathy Costakis. 02:02:12 Motion I move to appoint three Commission appointees, Mark Egge, George Thompson, and Mathew Hausauer, with terms ending January 31, 2023. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 02:05:05 Vote on the Motion I move to appoint three Commission appointees, Mark Egge, George Thompson, and Mathew Hausauer, with terms ending January 31, 2023. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: None 02:05:29 Motion I move to appoint a Mayoral appointee, Cathy Costakis, with a term ending January 31, 2023, and confirm the Gallatin County Commission Appointee, Jerry Pape, to a term ending January 31, 2023. Cyndy Andrus: Motion Michael Wallner: 2nd 02:07:54 Vote on the Motion to approve I move to appoint a Mayoral appointee, Cathy Costakis, with a term ending January 31, 2023, and confirm the Gallatin County Commission Appointee, Jerry Pape, to a term ending January 31, 2023. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Michael Wallner Jennifer Madgic Disapprove: None K) 02:08:14 FYI / Discussion DocuSign Envelope ID: CC07B567-C6E7-49CC-954F-7D9B0CDE0962 Bozeman City Commission Meeting Minutes, March 9, 2021 Page 8 of 8 Mayor Andrus noted the next meeting is March 23, 2021. L) 02:08:58 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: March 23, 2021 DocuSign Envelope ID: CC07B567-C6E7-49CC-954F-7D9B0CDE0962