The URL can be used to link to this page

Home My WebLink About04-13-21 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, April 13, 2021 Page 1 of 10 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES April 13, 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, Deputy City Clerk (DCC) Jesse DiTommaso A) 00:02:44 Call to Order - 6:00 PM - Via WebEx B) 00:07:06 Pledge of Allegiance and a Moment of Silence C) 00:07:46 Changes to the Agenda There were no changes to the agenda. D) 00:07:59 FYI Cr. Pomeroy noted Clean-Up Day on Saturday, April 17th 10am-1pm at the Bozeman Public Library. DM Cunningham noted a Community Affordable Housing Advisory Board (CAHAB) meeting on Wednesday, April 14 at 8:00am. He also noted the surge in Covid numbers and increased vaccine numbers. Cr. Madgic highlighted the Triangle Transportation Plan website community engagement tools. Mayor Andrus formally welcomed Commissioner Coburn. She encouraged the community to join the City of Bozeman's water conservation challenge. She noted Cr. Coburn will be taking over Michael Wallner's citizen advisory boards through the end of the year. CM Mihelich announced the Bozeman Library was awarded the Excellent Library Services Award this year by the State Library Commission. E) 00:15:22 Commission Disclosures There were no disclosures F) 00:15:40 Approval of Minutes F.1 Approve the Regular Meeting Minutes from: March 23, 2021 DocuSign Envelope ID: FF2A8B39-897C-4657-B1D4-11C54CB55F4D Bozeman City Commission Meeting Minutes, April 13, 2021 Page 2 of 10 April 6, 2021 Approve the Executive Session Minutes from: March 9, 2020 (executive session minutes to be distributed separately) 03-23-21 FINAL MINUTES City Commission Meeting.pdf 04-06-21 DRAFT MINUTES City Commission Meeting.docx 00:15:52 Motion to approve minutes as submitted. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:15:54 Vote on the Motion to approve minutes as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:16:24 Consent G.1 Accounts Payable Claims Review and Approval G.2 Authorize the City Manager to Sign a Notice of Award to Omdahl Excavation, Inc. for Construction of the 2021 South 6th Avenue Reconstruction Project Bid Sheet - 2021 South 6th Avenue Reconstruction Project 3.pdf 14-NoticeOfAward.pdf G.3 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with Store Master Funding VI, LLC for the Gibson Guitar Manufacturing Facility Site Plan (20302) Conditional Irrevocable Offer of Dedication G.4 Authorize the City Manager to Sign a City/State Memorandum of Agreement - South 19th Avenue/S-345 Bozeman, March 2021 with the Montana Department of Transportation for Maintenance of South 19th Adjacent to the Blackwood Groves Annexation City/State Memorandum of Agreement - S 19th Ave/S-345 G.5 Authorize the City Manager to Sign a Water Delivery Agreement with Farmers Canal Company of Gallatin County 2021-03-30 - FCC conveyance with City G.6 Authorize the City Manager to Sign a Contract with Missouri River Contractors for the Construction of Changes to the Bike Lanes on Peach Street at Rouse Avenue 20210413_CONSTRUCTION AGREEMENT.pdf 20210413_Attachment A.pdf DocuSign Envelope ID: FF2A8B39-897C-4657-B1D4-11C54CB55F4D Bozeman City Commission Meeting Minutes, April 13, 2021 Page 3 of 10 G.7 Authorize the City Manager to Sign a Professional Services Agreement with Grounds Guys of Bozeman, LLC for Landscape Maintenance Services in the Parks and Trails District Professional Services Agreement.pdf Exhibit A Scope of Services Landscape Maintenance Zone 2.pdf Exhibit B Quote for Landscape Maintenance Services Zone 2 (Grounds Guys).pdf G.8 Authorize the City Manager to Sign an Amendment Number One to the Contract Agreement with VertiGIS for the Capital Planning Project Application and Workflow Development Project for the Additional Funds of $50,000 for a Contract Total of $83,600 Exhibit A - VertiGIS Capital Project Planning App Development Proposal.pdf Exhibit B - VertiGIS Capital Project Planning App Development Proposal Amendment.pdf PSA Amendment VertiGIS 2021.pdf 00:16:29 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:18:20 Public Comment There were no public comments on the Consent Agenda. 00:20:52 Motion to approve Consent Items 1-8 as submitted. Jennifer Madgic: Motion Christopher Coburn: 2nd 00:21:13 Vote on the Motion to approve Consent Items 1-8 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H) 00:21:33 Public Comment Mayor Andrus opened general public comment. 00:24:22 Terry Quatraro, Public Comment Terry Quatraro commented on behalf of the Bozeman Beautification Board regarding single-use plastics. 00:28:16 Nick Allevato, public comment Nick Allevato commented on the addition of Christopher Coburn to the Commission. I) 00:31:53 Action Items DocuSign Envelope ID: FF2A8B39-897C-4657-B1D4-11C54CB55F4D Bozeman City Commission Meeting Minutes, April 13, 2021 Page 4 of 10 I.1 00:32:34 Presentation of Community Development Fee Study and Recommendations City of Bozeman-Community Development Fee Review Study Final.pdf Staff Fee Recommendation.docx 00:32:50 Consultant Presentation BerryDunn consultants Fred Turnier, Jesse Myott and Kevin Price presented the Community Development Review Fee Study Report and Findings. They presented the project background, a summary of the findings, proposed recommendations. 00:45:23 Questions of Consultant 01:11:10 Public Comment There were no public comments on this item. I.2 01:14:40 Resolution 5286, Adopting Planning Fees for FY22 and FY23 Resolution 5286 Adopting Planning Fees Final.docx Exhibit Res 5286 Planning Fees.pdf 01:14:46 Staff Presentation Finance Director Kristin Donald presented the background, planning fees, a planning fee recommendation, building inspection fees, and a building inspection fee recommendation. 01:20:14 Questions of staff 01:29:38 Public Comment There were no public comments on this item. 01:32:30 Motion to approve Resolution 5286 adopting planning fees for FY22 and FY23. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 01:32:48 Discussion Cr. Coburn spoke in support of Resolution 5286 and cost recovery. Cr. Pomeroy spoke in support of Resolution 5286 and affordable housing. Cr. Cunningham spoke in support of Resolution 5286 and the benefits of expediting the planning process. Cr. Madgic spoke in support of Resolution 5286 and Section 7.5 in the Strategic Plan. Mayor Andrus spoke in support of Resolution 5286 and the rate of growth in Bozeman and services expected by the community. 01:39:42 Vote on the Motion to approve Resolution 5286 adopting planning fees for FY22 and FY23. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham DocuSign Envelope ID: FF2A8B39-897C-4657-B1D4-11C54CB55F4D Bozeman City Commission Meeting Minutes, April 13, 2021 Page 5 of 10 I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.3 01:40:06 Resolution 5287, Adopting Building Inspection Fees Adopting International Code Council (ICC) Valuation & Fee Calculation Resolution 5287 Adopting Building Inspection Fees Final.docx Building Fee ICC FY22.pdf 01:40:29 Staff Presentation Finance Director Kristin Donald presented on cost recovery and the benefits of adopting this version of the fees. 01:41:09 Questions of Staff 01:43:38 Public Comment There were no public comments on this item. 01:46:26 Motion to approve Resolution 5287, Adopting Building Inspection Fees Adopting International Code Council (ICC) Valuation & Fee Calculation. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 01:46:52 Discussion Cr. Pomeroy spoke in support of Resolution 5287 and the simplicity of the new fee structure. DM Cunningham spoke in support of Resolution 5287 and the necessity of efficiency in inspections. Cr. Madgic spoke in support of Resolution 5287 and noted Section 7.5 in the Strategic Plan. Cr. Coburn spoke in support of Resolution 5287 and the ability to help create more housing. Mayor Andrus spoke in support of Resolution 5287. 01:50:46 Vote on the Motion to approve Resolution 5287, Adopting Building Inspection Fees Adopting International Code Council (ICC) Valuation & Fee Calculation. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 01:51:09 Meeting went into Recess DocuSign Envelope ID: FF2A8B39-897C-4657-B1D4-11C54CB55F4D Bozeman City Commission Meeting Minutes, April 13, 2021 Page 6 of 10 Mayor Andrus called the meeting into recess. 01:58:07 Meeting Reconvened. Mayor Andrus called the meeting back to order. I.4 01:58:14 Bozeman Gateway Planned Unit Development Major Modification, Application 20051 DevelopmentManualRevision_02-04-2021.pdf Gateway PUD Violation Info.pdf Notice of Code Violation - Copper Harbor Lighting.pdf Copper Harbor Light Info.pdf Gateway PUD complaints.pdf BozemanGateway_Photos.pdf Public Comment.pdf 20051_CCReport_Review_FINAL.pdf 01:58:27 Staff Presentation Associate City Planner, Sarah Rosenberg presented the Bozeman Gateway Planned Unit Development. She presented the background, the relaxation process, the relaxation requests, and the staff recommendations. 02:14:05 Questions of Staff 02:36:57 Applicant Presentation Jim Ullman, senior land development engineer with Morrison-Maierle Engineering, explained his disagreement with the denial of the lighting relaxation. He clarified the difference between Kelvin and lumens. He provided background on the developer's LED parking lot lights. 02:47:50 Questions of applicant 02:57:02 Public Comment Mayor Andrus opened this item for public comment. 02:59:51 Andy Willett, Public Comment Andy Willett, lawyer with McLean, Younkin and Willett, commented on behalf of the applicant representing the Bozeman Gateway Development Group in opposition to the denial of the lighting relaxation. 03:04:17 Evan Rainey, Public Comment Evan Rainey commented on the lighting code. 03:07:18 Staff clarification. 03:16:05 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 20051 and move to recommend approval of relaxation numbers 1, 2, and 3 and denial of relaxation number 4 of the modification to the Bozeman Gateway Planned Unit Development application, subject to conditions and all applicable code provisions. DocuSign Envelope ID: FF2A8B39-897C-4657-B1D4-11C54CB55F4D Bozeman City Commission Meeting Minutes, April 13, 2021 Page 7 of 10 Terry Cunningham: Motion Jennifer Madgic: 2nd 03:16:52 Discussion DM Cunningham spoke in favor of the motion. He highlighted the most applicable findings to the plan review criteria. He noted the past light violations. He noted the street lighting standard listed in the staff report. He does hope there is a conversation between city staff and the developer to work out any outstanding issues. Cr. Madgic spoke in agreement with the staff recommendation. She noted it is an important infill area. Cr. Coburn spoke in support of the motion. He added relaxing the height requirement could encourage infill. Cr. Pomeroy spoke in support of the motion. Mayor Andrus spoke in support of the motion. She agreed with the staff finding that the lighting request does not meet the criteria. 03:32:51 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 20051 and move to recommend approval of relaxation numbers 1, 2, and 3 and denial of relaxation number 4 of the modification to the Bozeman Gateway Planned Unit Development application, subject to conditions and all applicable code provisions.The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.5 03:33:26 Ordinance 2072 Provisional Adoption, An Ordinance of the City Commission of the City of Bozeman, Montana Amending Chapter 36 Definitions; and Establishing License Requirements and Fees for Commercial Shared Micromobility Businesses; and Providing an Effective Date example parking.pdf Ordinance 2072 - Final.docx 03:34:34 Staff presentation City engineer, Taylor Lonsdale, presented the background of micromobility in Bozeman, the benefits of micromobility, the amended Bozeman Municipal Code, and the pilot parking project. 03:42:31 Questions of staff 03:57:14 Public Comment Mayor Andrus opened this item for public comment. DocuSign Envelope ID: FF2A8B39-897C-4657-B1D4-11C54CB55F4D Bozeman City Commission Meeting Minutes, April 13, 2021 Page 8 of 10 03:57:17 Mayor Andrus extended the meeting until 10:15pm. 03:59:52 Nate Larson, Public Comment Nate Larson commented in support of Ordinance 2072 and the safety of bicyclist and scooters. 04:01:51 Evan Rainey, Public Comment Evan Rainy commented on the possibility of receiving a DUI on a micromobility device. 04:03:22 Clarification from staff 04:04:53 Motion Provisionally adopt Ordinance 2072, an ordinance of the City Commission of the City of Bozeman, Montana amending Chapter 36 Definitions; and establishing license requirements and fees for commercial shared micromobility businesses; and providing an effective date. Jennifer Madgic: Motion Christopher Coburn: 2nd 04:05:35 Discussion Cr. Madgic spoke in support of the Ordinance. She noted it is a good thing to provide regulatory structure to this industry. She feels the City needs to take up the issue of overall safety at another time. Cr. Coburn spoke in support of the Ordinance. He spoke in support of the pilot parking program. He feels the use of micromobility could help deter driving in some cases. Cr. Pomeroy spoke in support of the Ordinance. She is happy the City worked with the local business owners. DM Cunningham spoke in support of the Ordinance. He noted replacing vehicle travel benefits the climate plan and parking availability. He also noted different types of vehicles and education could create conflict. He believes there will need to be an education campaign to go along with increased micromobility. He would like to explore a bicycle boulevard connection between Downtown and MSU. Mayor Andrus spoke in support of the Ordinance. She believes it was wise to wait a year to implement informed regulations. She agrees with DM Cunningham's idea of a bicycle boulevard. She would like the Parking Committee to be presented with the Ordinance. She would like to explore working with MSU to create another type of pilot program regarding scooters. 04:14:05 Vote on the Motion Provisionally adopt Ordinance 2072, an ordinance of the City Commission of the City of Bozeman, Montana amending Chapter 36 Definitions; and establishing license requirements and fees for commercial shared micromobility businesses; and providing an effective date. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None DocuSign Envelope ID: FF2A8B39-897C-4657-B1D4-11C54CB55F4D Bozeman City Commission Meeting Minutes, April 13, 2021 Page 9 of 10 J) 04:14:26 Appointments J.1 Appointments to the Fire Code Board of Appeals 12-06-19 CAB Application - S. Foley, reapplication.pdf 03-11-21 CAB Application - R. Jones, new applicant.pdf 06-17-20 CAB Application - R. Lashaway, reapplication.pdf 03-12-21 CAB Application - D. Morris, new applicant.pdf 04:14:53 Public Comment There were no public comments on this item. 04:16:47 Motion to appoint Reed Jones to a term expiring December 31, 2021 and to appoint Shannon Foley, Robert Lashaway, and Duane Morris to terms expiring December 31, 2022. Terry Cunningham: Motion Jennifer Madgic: 2nd 04:17:13 Vote on the Motion to appoint Reed Jones to a term expiring December 31, 2021 and to appoint Shannon Foley, Robert Lashaway, and Duane Morris to terms expiring December 31, 2022, The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K) 04:17:29 FYI / Discussion DM Cunningham commented on single-use disposable bags. He would like a member of staff to reach out to the public commenter to learn more about the opportunity to partner with an outside group and come up with solutions for single-use plastic. CM Mihelich noted he is happy to meet with her regarding single-use plastic. L) 04:18:58 Adjournment ___________________________________ Cynthia L. Andrus Mayor DocuSign Envelope ID: FF2A8B39-897C-4657-B1D4-11C54CB55F4D Bozeman City Commission Meeting Minutes, April 13, 2021 Page 10 of 10 ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Jesse DiTommaso Deputy City Clerk Approved on: May 11, 2021 DocuSign Envelope ID: FF2A8B39-897C-4657-B1D4-11C54CB55F4D