HomeMy WebLinkAbout12-01-20 FINAL MINUTES City Commission Meeting of Bozeman, MontanaPage 1 of 10
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Tuesday, December 01, 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. 06:00:40 PM (00:28:28) Call to Order – 6:00 PM – Webex Video Conference
B. 06:05:08 PM (00:32:57) Pledge of Allegiance and a Moment of Silence
C. 06:05:42 PM (00:33:30) Changes to the Agenda
There were no changes to the agenda.
D. 06:05:50 PM (00:33:38) FYI
• DM Cunningham relayed a recent visit to Bozeman Deaconess Hospital. He noted the Rocking R
Bar’s defiance of the local restrictions.
• CM Mihelich announced that the Christmas spiders were put up. He announced the City’s work
with Montana Department of Transportation to take over snow removal on Main Street.
E. 06:12:13 PM (00:40:01) Commission Disclosures
There were no disclosures.
F. 06:12:18 PM (00:40:06) Consent
1. Accounts Payable Claims Review and Approval (Stewart)
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2. Approve the Local Government Entity Reimbursement for COVID-19 Submission and Ratify
the City Manager and Mayor’s Signatures of the Local Government Entity Certification Form
(Donald)
3. Authorize the City Manager to Sign a Release and Reconveyance Vacating a 25-foot Public
Access Easement on Lots 1, 2 and 7 of Block 21 in Cattail Creek Subdivision Phase 3 for the
Palisades Condos Site Plan Project (20117) (Nielsen)
4. Authorize the City Manager, or their Designee, to Sign a Professional Services Agreement
with the Downtown Bozeman Business Improvement District for Bridger Park Garage
Cleaning Services for FY 21 (Fontenot)
5. Authorize the City Manager to Sign a Professional Services Agreement with The Nest
Collective, LLC for Public Works Department Public Relations Services (Reister)
6. Authorize the City Manager to Sign a Professional Services Agreement with Applied
Pavement Technology for the Purpose of Completing a Citywide Pavement Condition
Assessment (Gamradt)
7. Authorize the City Manager to Sign Amendment 5 to the Capital Improvement Projects Field
Survey with Morrison-Maierle, Inc to Facilitate an Upcoming Water Renovations and Shared
Use Pathway Project (Gamradt)
8. Ordinance 2066, Provisional Adoption of the 1811 W. Koch Street Zone Map Amendment to
Designate 0.69 acres as R-O, Residential Office, Application 20102 (Saunders)
06:12:21 PM (00:40:09) City Manager Overview
CM Mihelich presented the highlights on the consent agenda.
06:13:32 PM (00:41:20) Public Comment
Mayor Andrus opened public comments.
06:15:40 PM (00:43:28) Marilee Brown, Public Comment
Ms. Brown commented on behalf of Pedestrian Traffic Safety Committee offering thanks for consent
item 7.
06:17:34 PM (00:45:22) Motion and Vote to approve Consent Items 1-8 as submitted. The motion
passed 5-0.
Commissioner - Michael Wallner: Motion
Commissioner - Jennifer Madgic: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Terry Cunningham: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Michael Wallner: Approve
Commissioner - Jennifer Madgic: Approve
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G. 06:18:10 PM (00:45:59) Public Comment
Mayor Andrus opened public comments.
06:19:47 PM (00:47:35) Mason Griffin, Public Comment
Mr. Griffin, owner of Ultra Cycles, commented on the Peach Street and Rouse Avenue intersection and
the danger to pedestrians.
06:21:45 PM (00:49:33) Emma Bode, Public Comment
Ms. Bode commented her support for Courtney Smith to the Police Commission.
H. 06:23:50 PM (00:51:38) Action Items
1. 06:23:53 PM (00:51:42) Norton Ranch Phase 5 Major Subdivision Preliminary Plat, Application
for a Proposed 79.3 Acres, Zoned R-2, R-3, and R-4, to Create 148 Lots: 124 Residential Single
Household, 14 Affordable Single Household Detached Lots, 5 Common Open Space Lots 5 City
Park Lots, 4 Restricted Lots and Dedicated Rights-of-way (Quasi-judicial) (Rosenberg)
06:24:20 PM (00:52:08) Staff Presentation
Associate Planner Sarah Rosenberg presented the Norton Ranch Phase 5 Subdivision application, the
general area of the project, the current land uses in the area, the preliminary plat map and scheduled
development phases, the required affordable housing lots, the parks and trails map, the unresolved issue
of the completion of Laurel Parkway.
City Engineer Shawn Kohtz presented the requirement of the construction of Laurel Parkway, the existing
transportation network, the developer’s proposed phasing plan, the referenced Bozeman Municipal Code,
Engineering staff’s code requirement number four, the connectivity via Laurel Parkway, the reasoning for
staff’s requirement, and projected traffic demands.
Associate Planner Rosenberg presented the recommendation of the Planning Board, the Development
Review Committee, and the recommended motion.
06:46:14 PM (01:14:02) Questions of Staff
Mayor Andrus asked for clarification on the matter before the Commission.
Cr. Madgic asked about the closest commercial center to the proposed subdivision. She asked about
potential housing densities. She commented that the Planning Board’s recommendation on Laurel
Parkway was without input from the City Engineer.
Cr. Pomeroy asked about the developer’s plans to build the affordable housing units first. She asked
about park lots in the subdivision. She asked about the restricted lots. She asked about changing existing
wetlands within the proposed subdivision. She asked clarification on whether the City will review
wetland impacts after the U.S. Army Corps of Engineers’ determination on wetlands.
DM Cunningham asked about the relocation of a retention pond. He asked about the park and trail in
the northeast segment of the proposed development. He asked about the 14 affordable housing units
and the calculation of requirements. He asked about condition of approval related to the Norton Ranch
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lift station. He asked about the staff recommended requirement of construction of Laurel Parkway with
Phase 5A.
Cr. Wallner asked for additional information on the unresolved issue of continuation of streets between
adjacent developed properties. He asked about the developers’ choice of detached houses.
Mayor Andrus asked for clarification on phases 1-4 development and the requirement that phase 5
would trigger the need for completion of Laurel Parkway. She asked about the applicant’s plan to
develop Laurel Parkway in two phases. She asked for the cost of the complete section of Laurel Parkway.
She asked about options related to the costs of developing the required street. She asked about the
location of affordable housing lots. She asked about options for affordable units. She asked about
midblock crossings in the proposed development. She asked about the size of the parking lot adjacent to
the proposed park.
07:18:22 PM (01:46:11) Clarification of Staff
CM Mihelich clarified the options to aid in the completion of Laurel Parkway.
07:20:29 PM (01:48:17) Applicant Presentation
Greg Stratton with Killday and Stratton presented on behalf of Norton Properties. He presented that the
unresolved issue with Laurel Parkway is the only remaining issue. He responded to the argument of one
ingress and egress by highlighting Fallon Street allows access as well. He presented the response to traffic
projections. He responded to questions on lot size and duplexes as opposed to single family detached
housing, to the question on restricted lots to the east of the proposed development, to the question
related to the wetlands and U.S. Army Corps of Engineers, and to the question of the parking lot size. He
presented the issue with Laurel Parkway is a matter of timing of construction only. He responded to staff’s
recommendation on Laurel Parkway. He presented the position that the proposal adheres to the goals of
the 2009 Growth Plan, the 2020 Growth Plan, the Transportation Plan, the Complete Streets policy, and
the Strategic Plan. He presented the financial need to build Laurel Parkway in phases and that it is not
imminently necessary.
07:37:54 PM (02:05:42) Questions of Applicant
Cr. Madgic stated the potential for subsequent phases to not be completed and how that influences Laurel
Parkway’s construction. She asked if covenants restrict duplexes or accessory dwelling units. She asked
about potential density allowable with current zoning.
Cr. Pomeroy asked for clarification on the proposed affordable housing units.
DM Cunningham asked why the applicant did not anticipate building Laurel Parkway in a single section.
He asked about efficiencies of construction at once. He asked why the Commission should not view the
applicant in the totality of the Norton Ranch development.
Mayor Andrus asked about applicant’s awareness of construction of Laurel Parkway through requests for
funding through the Capital Improvement Plan in the past couple of years. She asked when the expected
completion of the road if a phased approach is approved. She asked about building to maximum density
allowed by zoning.
07:55:48 PM (02:23:36) Public Comment
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Mayor Andrus opened public comment
07:57:43 PM (02:25:31) Marilee Brown, Public Comment
Ms. Brown, Executive Director of Safer Bozeman, commented on both the difficulty of funding and the
position of the City Engineer. She noted the rating of an intersection only refers to vehicle travel. She
asked about pathways being created ahead of the vehicle portion of the road.
07:59:40 PM (02:27:29) Mark Egge, Public Comment
Mr. Egge commented on the lot sizes and the connection of lot sizes to affordable housing and market
rate housing. He commented on lot size requirements. He asked why not use the density for affordable
housing throughout the City. He commented on aligning transportation funding with affordable housing
and climate goals.
08:04:16 PM (02:32:05) Clarification of Staff
CM Mihelich reminded the Commission on the matter before the Commission. He responded to the
applicants comments related to requesting Capital Improvement funds and the applicability of those
funds. He highlighted the concerns related to the unresolved issue of Laurel Parkway.
08:07:40 PM (02:35:28) Follow up questions of staff
Cr. Madgic asked about the ingress and egress to the subdivision. She asked about the appropriateness
of adding a condition that covenants do not restrict duplexes or accessory dwelling units.
08:10:50 PM (02:38:38) Clarification of Staff
CA Sullivan highlighted the review criteria of subdivision preliminary plat and noted the findings related
to the staff’s condition number four.
08:13:29 PM (02:41:17) 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 18278 and move to recommend approval of the subdivision with conditions and subject to all
applicable code provisions.
Commissioner - Jennifer Madgic: Motion
Commissioner - I-Ho Pomeroy: 2nd
08:13:56 PM (02:41:44) Discussion
Cr. Madgic outlined the additional condition she would like to add.
08:13:54 PM (02:41:43) Amendment to the Motion to add the condition stating that property owners’
covenants cannot exclude accessory dwelling units and/or duplexes on lots in all phases and that the City
must be party to the covenants.
Commissioner - Jennifer Madgic: Motion
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Commissioner - I-Ho Pomeroy: 2nd
08:15:35 PM (02:43:24) Discussion
Cr. Madgic stated that it is time to accommodate infill and the best place to do that is in new
development. She stated promoting density is conforming with the Growth Policy and underlying
zoning.
Cr. Pomeroy stated her support for the amendment as a way to promote open spaces.
DM Cunningham stated his hesitancy to place the City as a party to covenants. He stated his support
after hearing the applicants’ representative would not object to the limitation of restrictions.
Cr. Wallner stated decisions of this nature should be left up to the neighborhood. He will not support
the amendment.
Mayor Andrus will support the amendment. She noted that amendment increases the options to be
built in the area.
08:20:29 PM (02:48:18) Staff Clarification
CA Sullivan clarified the City’s role within covenants.
08:21:36 PM (02:49:24) Vote on the amendment to the motion to add the condition stating that
property owners’ covenants cannot exclude accessory dwelling units and/or duplexes on lots in all phases
and that the City must be party to the covenants. The amendment to the motion passed 4-1.
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: Disapprove
Commissioner - Jennifer Madgic: Approve
08:22:10 PM (02:49:58) Discussion continued
Cr. Madgic stated she will support the application with all conditions presented by staff. She stated her
disappointment the subdivision is not taking advantage of the underlying zoning and acknowledged the
possible need for changes to Bozeman Municipal Code (BMC) to allow smaller lot size. She highlighted
the segregation of housing types throughout developments in the City.
Cr. Pomeroy agreed with Cr. Madgic. She state she was please at the proposed open space, parks and
trails, and affordable housing.
DM Cunningham agreed with staff findings related to the necessary review criteria. He stated his
appreciation for the increase of housing stock including affordable housing units, connectivity, and the
preservation of wetlands.
Cr. Wallner highlighted the need for new housing units. He stated his opinion that with Bozeman’s fast
growth there should be a bank willing to finance the construction of Laurel Parkway.
Mayor Andrus noted the past need for the City to fill in phased projects that never completed sidewalks
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and roads. She stated the importance of connectivity to the community.
08:36:16 PM (03:04:04) Vote on the Motion as Amended 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 18278 and move to recommend approval of the subdivision
with conditions and subject to all applicable code provisions. 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
08:37:23 PM (03:05:11) Recess
Mayor Andrus called the meeting into recess until 8:42 PM.
08:43:43 PM (03:11:31) Call to order
Mayor Andrus called the meeting back to order.
2. 08:43:47 PM (03:11:35) Presentation of the FY2022 – FY2026 Capital Improvement Plan
(CIP) General Fund (Donald)
08:44:06 PM (03:11:55) Staff Presentation
Finance Director Kristin Donald presented the schedule for approval of the CIP, where to find the CIP, a
preview of next week’s presentation. She presented the General Fund funding, the financial summary,
revenue projections, planned bond issuances, and planned projects. She presented the significant change
in the General Fund. She presented highlights including Fire Station #2 relocation, Aquatics Facility and
Projects, Repair and Remodel of Lindley Center, a Westside Recreation Center and Library Branch
complex, and their associated ballot questions. She presented additional project highlights of fiber optic
conduit and vaults, energy saving projects, electrical vehicle stations at the Bozeman Public Safety Center,
replacing the Storymill Community Center gym floor, and the addition of funding body worn cameras for
the Police Department. She presented the General Fund summary.
08:53:41 PM (03:21:29) Questions of Staff
Cr. Pomeroy asked about the proposed Recreation Facility and Westside Library Branch complex. She
asked about painting the exterior of Story Mansion and if the Friends of Story Mansion will have
fundraising event.
DM Cunningham asked about the funding mechanism of relocating Fire Station #2 and the location
where it will move to. He asked about the funding for the current Swim Center and Renovation of Bogert
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Park in past CIPs. He asked about the timing of relocating Fire Station #2. He stated his belief the
Bozeman philanthropic community will support an aquatics center and library branch and the needs to
engage that segment of the community. He asked about the potential for packaging existing facilities
with a new complex for a bonding measure. He asked about vehicle replacements. He asked about
advantages to citizens of body worn Police cameras. He asked about the Bozeman Creek assessment.
Cr. Wallner asked about possibly increasing funding for fiber optic conduit. He asked about server
replacements and server farm improvements in order to prevent intrusions or malware. He asked a
series of questions related to Police body worn cameras.
Cr. Madgic asked an anticipated roll out schedule of body worn cameras. She asked about changes to
the CIP in response to growth. She asked about charges for services as part of revenue.
Mayor Andrus asked if all vehicle replacements will consider environmental impacts. She asked whether
a policy exists to place fiber optic conduit during other construction projects. She asked about the
prioritization of projects related to the Story Mansion. She noted the Senior Center elevator project and
to consider additional uses for the facility. She commented on the significant changes and asked about
funding considerations of other jurisdictions. She asked about the proposed Westside Recreation
Facility.
Cr. Wallner seconded Mayor Andrus’ comments related to an indoor pool on the west side of town.
Cr. Pomeroy concurred.
DM Cunningham asked about the difference of saving funds for projects compared to bond issuances.
09:35:26 PM (04:03:14) Public Comment
Mayor Andrus opened public comments.
09:37:46 PM (04:05:34) Ralph Zimmer, Public Comment
Mr. Zimmer, Chair of the Bozeman Area Pedestrian and Traffic Safety Committee, commented related to
non-motorized infrastructure funding encouraging the Commission to greatly increase funding for
independent bike path projects.
09:41:30 PM (04:09:18) Judith Heilman, Public Comment
Ms. Heilman, Executive Director of Montana Racial Equity Project, commented that the Racial Equity
Project supports body worn cameras completely. She commented on the benefits of body worn cameras.
09:44:57 PM (04:12:45) Discussion continued
DM Cunningham commented on the funding of a Westside Recreation and Library Branch complex and
the need to explore funding sources through philanthropic groups.
Cr. Wallner concurred with DM Cunningham.
3. 09:48:57 PM (04:16:46) Appointment to the Police Commission (Maas)
09:49:04 PM (04:16:52) Public Comment
Mayor Andrus opened public comments.
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09:50:30 PM (04:18:19) Judith Heilman, Public Comment
Ms. Heilman commented in support of Courtney Smith on behalf of herself, as a member of the
community, and on behalf of the Montana Racial Equity Project.
09:52:11 PM (04:19:59) City Manager Overview
CM Mihelich outlined the application and interview process to determine his recommendation of
Courtney Smith for the Police Commission.
09:53:13 PM (04:21:01) Motion and Vote to approve the City Manager's appointment of Courtney Smith
to the Police Commission to a term ending April 30, 2023. 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
Commissioner - Jennifer Madgic: Approve
4. 09:53:52 PM (04:21:41) Appointments to the Zoning Commission (Maas)
09:54:02 PM (04:21:50) Public Comment
There were no public comments.
09:56:21 PM (04:24:10) Motion and Vote to appoint two members, Christopher Scott and Kirsa Shelkey,
to the Zoning Commission with terms ending February 28, 2022. 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
I. 09:58:02 PM (04:25:50) FYI/Discussion
• CM Mihelich responded to public comments related to the Peach Street and Rouse Avenue
intersection.
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J. 09:59:09 PM (04:26:57) 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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