The URL can be used to link to this page

Home My WebLink About05-11-21 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, May 11, 2021 Page 1 of 11 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES May 11, 2021 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None A) 00:03:01 Call to Order - 6:00 PM - Via WebEx B) 00:03:09 Pledge of Allegiance and a Moment of Silence C) 00:03:42 Changes to the Agenda There were no changes to the agenda. E) 00:03:56 FYI • DM Cunningham noted a CAHAB meeting on May 12. • Cr. Coburn congratulated One Valley on their fundraising event for nonprofits in the community and thank you to those who donated. • Mayor Andrus noted the Parking Commission and the Recreation Parks Board meetings on May 13. • CM Mihelich noted the challenges with the pool hours and staffing. He highlighted the grant application the City has submitted for a new rainbow crosswalk. He noted the continuous work on equity and engagement, including a survey on the City website. F) 00:10:13 Commission Disclosures There were no commission disclosures. G) 00:10:24 Approval of Minutes G.1 00:10:23 Approve the Regular Meeting Minutes from: April 13, 2021 April 20, 2021 April 27, 2021 04-13-21 DRAFT MINUTES City Commission Meeting of Bozeman, Montana.docx 04-20-21 DRAFT MINUTES City Commission Meeting of Bozeman, Montana.docx DocuSign Envelope ID: EE2ACA26-DF1C-4E75-AE84-5E9A4E8EC806 Bozeman City Commission Meeting Minutes, May 11, 2021 Page 2 of 11 04-27-21 DRAFT MINUTES City Commission Meeting.docx 00:10:31 Motion to approve the combined City Commission minutes as submitted. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:10:42 Vote on the Motion to approve I move to approve the combined City Commission minutes as submitted. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H) 00:11:26 Consent H.1 Accounts Payable Claims Review and Approval H.2 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with the Cottonwood Project, LLC for the Cottonwood Apartments Area A Site Plan (20390) Irrevocable Offer of Dedication H.3 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with the Cottonwood Project, LLC for the Cottonwood Apartments Area C Site Plan (20392) Irrevocable Offer of Dedication H.4 Authorize the City Manager to Sign a Notice of Award to Knife River - Belgrade for Construction of the 2021 Street Improvements Project Bid Sheet - 2021 Street Improvements Project.pdf AWARD.docx H.5 Authorize City Manager to Sign an Addendum 2 to a License Agreement with NorthWestern Energy for the Bozeman Solar Project at the Water Reclamation Facility Extending the Lease Term for an Additional Five Years Second Addedndum to Bozeman Solar Project License Agreement_20210511.pdf H.6 Resolution 5306, Confirming the Appointment of Lori Christenson as Interim Health Officer Resolution 5306 Appointing Interim Health Officer.pdf 00:11:33 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:12:40 Public Comment There were no public comments on the Consent Agenda. 00:15:19 Motion to approve consent items 1-6 as submitted. DocuSign Envelope ID: EE2ACA26-DF1C-4E75-AE84-5E9A4E8EC806 Bozeman City Commission Meeting Minutes, May 11, 2021 Page 3 of 11 Terry Cunningham: Motion Jennifer Madgic: 2nd 00:15:29 Vote on the Motion to approve consent items 1-6 as submitted. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I) 00:15:48 Public Comment • Mayor Andrus opened general public comment. 00:18:10 Rebecca Oberly, Public Comment Rebecca Oberly commented on the aquatic center schedule. 00:21:01 Jennifer Boyer, Public Comment Jennifer Boyer commented on the aquatics center schedule. 00:23:08 January Heicher, Public Comment January Heicher commented on the aquatics center schedule. 00:25:07 JP Maganito, Public Comment JP Maganito commented on the aquatics center schedule. 00:26:51 Christina McColley, Public Comment Christina McColley commented on the aquatics center schedule. J) 00:28:50 Mayoral Proclamation J.1 Mayoral Proclamation Proclaiming Mental Health Month Proclamation May as Mental Health Month.docx • Mayor Andrus proclaimed May as Mental Health Month. K) 00:31:02 Special Presentation K.1 00:31:00 Third Quarterly Report on Bozeman as an Inclusive City Inclusive City Report: May 2021.pdf Appendix A Bias Free Policing Police Department.pdf Appendix B Use of Force Police Department.pdf Appendix C Thrive Index 2020 City of Bozeman.pdf Appendix D Municipal Equality Index 2020 City of Bozeman.pdf 00:31:15 City Manager Introduction and Presentation DocuSign Envelope ID: EE2ACA26-DF1C-4E75-AE84-5E9A4E8EC806 Bozeman City Commission Meeting Minutes, May 11, 2021 Page 4 of 11 CM Mihelich presented the 3rd quarterly report on Bozeman as an Inclusive City. He presented where Inclusive City falls on the City's Strategic Plan and Purpose. He provided background on the first two quarterly reports and the progress made since. He highlighted the completed actions toward inclusivity, including further training for multiple departments. He reviewed the Equity Indicators and Gaps Analysis. He noted the future Community Roundtable on Equity and Inclusion Summit planned for the fall. He highlighted the active lobbying against legislation that did not support the City's commitment to equity. He provided next steps. K.2 00:39:19 Streamline Route Update Presentation Bozeman_final_report_FINAL.pdf Appendix_A_FINAL.pdf 00:39:24 City Manager Introduction 00:39:44 HDRC Streamline Presentation Sunshine Ross and Heather Grenier presented on the redesign of the Streamline. Sunshine Ross highlighted service design principles. She presented the additional route service network, the weekend core service network. She explained the financial investment from partners, long-term routes, and an urban transportation district. She highlighted the benefits of an urban transportation district, the process and a rough timeline. L) 00:54:17 Action Items L.1 00:54:35 Resolution 5291, Creating Special Improvement Lighting District 764, Walker Property Sub Lot 3 Block 5 P.U.D. Resolution 5291 Creation of SILD 764-Walker Property Sub Lot 3 Blk 5 PUD .doc 00:54:20 City Manager Introduction 00:54:36 Staff Presentation Finance Director Kristin Donald presented SILD 764, Walker Property. She presented the fixtures to be installed, the assessment. She highlighted this is a public hearing and there were no written public comments regarding this lighting district. 00:55:43 Questions of Staff There were no questions. 00:56:10 Public Comment There were no public comments. 00:58:35 Motion I move to approve Resolution 5291, Creating Special Improvement Lighting District #764, Walker Property Sub Lot 3 Block 5 P.U.D. Jennifer Madgic: Motion Christopher Coburn: 2nd 00:59:01 Discussion 01:00:24 Vote on the Motion to free form I move to approve Resolution 5291, Creating Special Improvement Lighting District #764, Walker Property Sub Lot 3 Block 5 P.U.D. The Motion carried 5 - 0 DocuSign Envelope ID: EE2ACA26-DF1C-4E75-AE84-5E9A4E8EC806 Bozeman City Commission Meeting Minutes, May 11, 2021 Page 5 of 11 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None L.2 01:00:46 Resolution 5297, Creating Special Improvement Lighting District 765, Haven Shelter Resolution 5297 Creation of SILD 765-Haven Shelter .doc 01:00:48 City Manager Introduction 01:00:59 Staff Presentation Finance Director Kristin Donald presented SILD 765. She presented the fixtures to be installed, a map of the proposed district, and lighting assessments. She noted this is the public hearing and the City has received no public comments. 01:01:57 Questions of Staff 01:03:45 Public Comment There were no public comments. 01:06:29 Motion I move to approve Resolution 5297, creating Special Improvement Lighting District #765, Haven Shelter. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 01:06:52 Discussion 01:07:57 Vote on the Motion to free form I move to approve Resolution 5297, creating Special Improvement Lighting District #765, Haven Shelter. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None DocuSign Envelope ID: EE2ACA26-DF1C-4E75-AE84-5E9A4E8EC806 Bozeman City Commission Meeting Minutes, May 11, 2021 Page 6 of 11 L.3 01:08:19 Resolution 5286, Amending the Fiscal Year 2021 (FY21) Budget to Record the Debt Issuance, Debt Service Payment, and Appropriations to be in Line with the Midtown Urban Renewal District’s FY21 Work Plan Resolution 5286 Budget Amendment Midtown TIF funds.docx 01:08:25 CM Introduction 01:08:37 Staff Presentation Finance Director Kristin Donald presented on the corrected Resolution 5285. She provided background, a further breakdown of the budget including the bond sale and project, adjustment to the work plan, the debt service payment, and an increase in project costs. She presented the motion language. 01:12:11 Questions of Staff 01:17:57 Public Comment 01:19:45 Emily Talago, Public Comment Emily Talago commented on the effects of Tax Increment Funding. 01:23:22 Motion Move to approve Resolution 5285 amending the Fiscal Year 2021 (FY21) Budget to record the debt issuance, debt service payment and appropriations to be in line with the Midtown Urban Renewal District’s FY21 work plan. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 01:23:56 Discussion • Cr. Pomeroy noted the increase in cost of construction materials. • DM Cunningham noted the delay due to the pandemic. He noted the results of the district are exceeding expectations. He noted the public comment. • Cr. Madgic noted she is on the Midtown board. • Cr. Coburn noted this amendment was anticipated. 01:28:21 Vote on the Motion to approve Move to approve Resolution 5285 amending the Fiscal Year 2021 (FY21) Budget to record the debt issuance, debt service payment and appropriations to be in line with the Midtown Urban Renewal District’s FY21 work plan. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None DocuSign Envelope ID: EE2ACA26-DF1C-4E75-AE84-5E9A4E8EC806 Bozeman City Commission Meeting Minutes, May 11, 2021 Page 7 of 11 L.4 01:28:50 Ordinance 2074, Provisional Adoption to Repeal and Replace Division 38.270 "Improvements and Guarantees" of the Bozeman Municipal Code to Allow Greater Flexibility to Concurrently Construct Improvements and Development Projects, Require Installation of Sidewalks Commensurate with All Other Improvements to Provide Accessibility to Everyone, and Generally Clean Up the BMC Div 38 270 CC Staff Report.pdf Ordinance 2074 Div 38 270 Improvements and Guarantees FINAL.pdf 07-13-20 City Commission Packet Materials - A5. Res 5179 Ordering Installation of Sidewalks.pdf 01:28:54 CM Introduction 01:29:10 Staff Presentation Assistant City Attorney Kelley Rischke entered the staff report and the draft ordinance into the record. She noted that this text amendment is relevant to both subdivision and zoning so these amendments have already had a public hearing in both the zoning commission and on the planning board. In presenting Ordinance 2074, ACA Rischke provided the notable changes in the Ordinance, the zoning criteria, and subdivision criteria. She noted there were no public comments. She presented the suggested motion language. 01:35:16 Questions of Staff 01:56:24 Public Comment There were no public comments. 01:59:21 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 21040, and move to provisionally adopt Ordinance 2074. Terry Cunningham: Motion Jennifer Madgic: 2nd 01:59:42 Discussion • DM Cunningham found the change to the code has met all criteria by the zoning commission and the planning board. He noted that the City is trying to redo the code to make it more flexible and easy to understand. He mentioned the potential of using a community housing revolving loan fund in order to address affordable housing. • Cr. Madgic noted that members of the zoning commission and the planning board voted unanimously in support of this revision. She highlighted that being flexible with the development community can help affordability. She echoed Cr. Coburns questions about user friendliness of our City Codes. • Cr. Coburn noted that this is an opportunity to use code revision to make things more affordable that is not being used. • Cr. Coburn noted the concurrent construction could save a lot of money. She noted the paperwork required in Bozeman to build. • Mayor Andrus noted the code revision will be important in building a community and providing multimodal transportation to us. She does not agree that this is a tool for affordable housing. DocuSign Envelope ID: EE2ACA26-DF1C-4E75-AE84-5E9A4E8EC806 Bozeman City Commission Meeting Minutes, May 11, 2021 Page 8 of 11 02:14:07 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 21040, and move to provisionally adopt Ordinance 2074. The Motion carried 4 - 1 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: Christopher Coburn 02:14:30 Recess Mayor Andrus called a recess 02:21:21 Call back to Order Mayor Andrus called the meeting back to order. L.5 02:21:25 Ordinance 2070, Provisional Adoption of Form and Intensity Standards Update Text Amendment to Revise the Bozeman Municipal Code to Increase the Allowable Height in Several Zoning Districts to Account for a Change in Construction Industry Standards and to Increase the Height in R-O and B-2 to Allow for an Additional Story, Reduce the Number of Roof Pitch Categories and Change the Location of Commercial Front Setback Designations. Revise Affected Sections to Implement the Revisions Ordinance 2070 Form & Intensity Standards Update .pdf 03-23-21 Public Comment - R. Lateiner - B-2 Zoning Height Changes.pdf 03-26-21 Public Comment - J. Allen - Ordinance 2070.pdf 03-30-21 Public Comment - L. Dornberger - Ordinance 2070.pdf 03-23-21 Public Comment - C. Franklin - Ordinance 2070.pdf 03-23-21 Public Comment - G. Allen - Ordinance 2070.pdf 03-23-21 Public Comment - M. Delaney - Ordinance 2070.pdf 04-13-21 Public Comment - L. Wolfe - Ordinance 2070 (2).pdf 04-23-21 Public Comment - C. Bartholomew - Ordinance 2070.pdf 04-23-21 Public Comment - R. Higgins - Ordinance 2070.pdf 04-26-21 Public Comment - A. Levy - Ordinance 2070.pdf 04-12-21 Public Comment - D. Burgess - Ordinance 2070.pdf 04-12-21 Public Comment - R. Krueger - Updated UDC.pdf Ordinance 2070 Form & Intensity Standards Update CC SR.pdf 02:21:25 CM Introduction 02:21:40 Staff Presentation City Planner Jacob Miller presented Ordinance 2070. Jacob Miller added the staff report, public comment and application materials into the record. He presented the proposed amendments. He presented a map with the affect areas, the reason for the amendments, the exact changes to the DocuSign Envelope ID: EE2ACA26-DF1C-4E75-AE84-5E9A4E8EC806 Bozeman City Commission Meeting Minutes, May 11, 2021 Page 9 of 11 residential standards, the specific changes to the commercial standards, and front back set changes. He highlighted the public comments and regulations. He provided the recommend motion. 02:30:49 Questions of Staff 02:49:20 Public Comment 02:51:15 Emily Talago, Public Comment Emily Talago commented in opposition to higher ceiling heights. Technical issue, public comment continued 3:00:04. 02:57:40 Jason Delmue, Public Comment Jason Delmue commented that increasing ceiling heights does not do anything for affordable housing one way or another. 03:00:04 Emily Talago continued public comment in opposition. 03:03:59 Additional Questions of Staff 03:10:40 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 21-040 and move to recommend approval of the Form and Intensity Standards Update Text Amendment, with contingencies required to complete the application processing. Jennifer Madgic: Motion Christopher Coburn: 2nd 03:11:18 Discussion • Cr. Madgic noted that she believes the changes meet the Montana Code, the Zoning Commission has heard and recommended this, and the majority of public comments have been in support of the Ordinance. • Cr. Coburn noted that adding an additional story can help with the City's infill goals, transit goals, and climate goals. • Cr. Pomeroy noted that making the UDC easier to understand will help developers build faster and encourages building up instead of out. • DM Cunningham would like to see the results of this code change in the future. He noted how the change in inclusionary zoning has affected affordable housing. • Mayor Andrus commented in support of the Ordinance. 03:29:28 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 21-040 and move to recommend approval of the Form and Intensity Standards Update Text Amendment, with contingencies required to complete the application processing. The Motion carried 4 - 1 Approve: Cyndy Andrus DocuSign Envelope ID: EE2ACA26-DF1C-4E75-AE84-5E9A4E8EC806 Bozeman City Commission Meeting Minutes, May 11, 2021 Page 10 of 11 Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: Christopher Coburn L.6 03:29:54 Emergency Ordinance 2077, Adopting the Gallatin City-County Health Code and Associated Fees Emergency Ordinance 2077.pdf Health Code Chapter 1.pdf Health Code Chapter 2.pdf Health Code Chapter 3.pdf 03:29:58 CM Mihelich Introduction and Presentation 03:31:21 Questions of Staff 03:36:13 Public Comment There were no public comments. 03:39:12 Motion I move to adopt Emergency Ordinance 2077, adopting the Gallatin City-County Health Code and Associated Fees Christopher Coburn: Motion I-Ho Pomeroy: 2nd 03:39:28 Discussion • Cr. Coburn spoke in support of the motion. • Cr. Pomeroy will support the motion. • DM Cunningham will support the motion. • Cr. Madgic will support the motion. • Mayor Andrus will support the motion. 03:42:52 Vote on the Motion to approve I move to adopt Emergency Ordinance 2077, adopting the Gallatin City-County Health Code and Associated Fees. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None DocuSign Envelope ID: EE2ACA26-DF1C-4E75-AE84-5E9A4E8EC806 Bozeman City Commission Meeting Minutes, May 11, 2021 Page 11 of 11 M) 03:43:12 FYI / Discussion N) 03:43:26 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Jesse DiTommaso Deputy City Clerk DocuSign Envelope ID: EE2ACA26-DF1C-4E75-AE84-5E9A4E8EC806