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Home My WebLink About09-28-21 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, September 28, 2021 Page 1 of 7 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, September 28, 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) 00:01:08 Call to Order - 6:00 PM - Via WebEx B) 00:03:36 Pledge of Allegiance and a Moment of Silence C) 00:04:08 Changes to the Agenda • There were no changes to the agenda. D) 00:04:21 FYI • Mayor Andrus reminded the community that today is Good Neighbor Day and the celebration is ongoing at Oak Springs Park. She provided an update on Covid cases and vaccination rates. She noted the applications for Citizen Advisory Boards are still open. • DM Cunningham provided clarification that existing board members' past service will not count against term limits for the new boards. • CM Mihelich noted the application for Citizen Advisory Boards window closes on September 30. He provided an update on the drought status in the community. He noted the City vaccination incentive program is ongoing until November 15. E) 00:08:51 Commission Disclosures DocuSign Envelope ID: 49A90530-FC7E-4199-9BAA-5A53FFD1117D Bozeman City Commission Meeting Minutes, September 28, 2021 Page 2 of 7 • There were no disclosures. F) 00:08:59 Approval of Minutes F.1 Approve the regular meeting minutes from: March 2, 2020 March 18, 2020 August 3, 2021 August 10, 2021 August 17, 2021 August 24, 2021 September 14, 2021 03-02-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.pdf 03-18-20 FINAL MINUTES City Commission Emergency Meeting of Bozeman, Montana.pdf 08-03-21 FINAL MINUTES City Commission Minutes.pdf 08-10-21 FINAL MINUTES City Commission Minutes.pdf 08-17-21 FINAL MINUTES City Commission Minutes.pdf 08-24-21 FINAL MINUTES City Commission Meeting Minutes.pdf 09-14-21 FINAL MINUTES City Commission Minutes.pdf 00:09:04 Motion to approve the regular meeting minutes from: March 2, 2020, March 18, 2020, August 3, 2021, August 10, 2021, August 17, 2021, August 24, 2021, and September 14, 2021. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:09:33 Vote on the Motion to approve the regular meeting minutes from: March 2, 2020, March 18, 2020, August 3, 2021, August 10, 2021, August 17, 2021, August 24, 2021, and September 14, 2021. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:09:52 Consent G.1 Accounts Payable Claims Review and Approval DocuSign Envelope ID: 49A90530-FC7E-4199-9BAA-5A53FFD1117D Bozeman City Commission Meeting Minutes, September 28, 2021 Page 3 of 7 G.2 Authorize the City Manager to Sign a Release and Reconveyance of Easements Releasing a Utility Easement to Village Investment Group, Inc. for The Parklands at Village Downtown File Plat (21167) Release and Reconveyance of Easements G.3 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 20210913 ExxonMobil right of entry w Fig1.pdf G.4 Authorize the City Manager to Sign a Professional Service Agreement with Olympus Technical Service Inc. for Oil Sand Interceptor Maintenance at City Properties PSA Olympus Technical Service Inc. - Oil Sand Interceptor Maintenance 9 -1-2021.pdf PSA EXHIBIT A Scope of Work - Olympus Technical Services R2.pdf G.5 Authorize the City Manager to Sign a Professional Service Agreement with Tri-County Heating and Cooling for HVAC Maintenance Services at City Properties Professional Services Agreement - Tri-County Heating and Cooling - HVAC Maintenance Services R2.pdf PSA Exhibit A - Tri-County Heating and Cooling Inc. - HVAC Maintenance Services - City Buildings - Combined.pdf G.6 Authorize the City Manager to Sign a Master Services Agreement with DocuSign for City- Wide Use City of Bozeman - DocuSign Order Form.pdf City of Bozeman - DocuSign MSA.pdf G.7 Ordinance 2083 Final Adoption of the 2021 NE Corner Davis Lane & Westlake Road 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, Application 21186 Ordinance 2083 - 21186.pdf 6770.002 - Davis 17 ac- Zoning Map - 070821.pdf G.8 Ordinance 2086 Final 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 ZMA - final - 21152.pdf 210228 - INTIAL ZONE MAP - 2021.08.26.pdf G.9 Ordinance 2087 Final 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 00:09:59 City Manager Introduction DocuSign Envelope ID: 49A90530-FC7E-4199-9BAA-5A53FFD1117D Bozeman City Commission Meeting Minutes, September 28, 2021 Page 4 of 7 CM Mihelich provided the highlights of the Consent agenda. 00:10:39 Public Comment Mayor Andrus opened the Consent agenda for public comments. 00:12:24 Mary Wictor, Public Comment Mary Wictor commented on Item G9 for the Stockyard Properties, commented on other needs beyond density for affordable, and highlighted comments from the Planning Board & Zoning Commission meeting. 00:16:08 Motion to approve Consent Items 1 - 9 as submitted. Jennifer Madgic: Motion Christopher Coburn: 2nd 00:16:16 Vote on the Motion to approve Consent Items 1 - 9 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H) 00:16:39 Public Comment • There were no general public comments. I) 00:19:54 Mayoral Proclamation I.1 00:20:03 Mayoral Proclamation Proclaiming Good Neighbor Day Good Neighbor Day Proclamation.pdf J) 00:21:31 Special Presentation J.1 Fire Department Annual Report Bozeman Fire 2020 Annual Report.pdf Fire Chief Josh Waldo presented the Fire Department 2020 Annual Report. K) 00:32:52 Action Items DocuSign Envelope ID: 49A90530-FC7E-4199-9BAA-5A53FFD1117D Bozeman City Commission Meeting Minutes, September 28, 2021 Page 5 of 7 K.1 00:33:02 424 N. Ida Avenue NCOA with Deviations Request, Application 21258 (Quasi-judicial) 21258 Staff Report.pdf 00:33:18 Staff Presentation Associate Planner Sarah Rosenberg presented the application, an overview of the project, the existing conditions, proposed site plan, the Neighborhood Conservation Overlay District (NCOD) Conditions of Appropriateness & Deviation Review Criteria, the deviation requests, the standards for granting deviations, the public comment, and recommendation. 00:44:10 Questions of Staff 00:47:16 Presentation of Applicant Randy Visser representing the applicant stated it will be an improvement to the area and the requested deviation would align it with the structure to its immediate east. 00:48:28 Questions of Applicant 00:51:11 Public Comment • There were no public comments on this item. 00:54:03 Motion Having reviewed and considered the application materials, public comment, and all other information presented, I hereby find application 21258 meets the criteria required for approval and move to approve the 424 N. Ida Avenue application to construct a single family residence with two deviation requests from the Bozeman Municipal Code; the first from 38.320.030.C to allow for a 3 foot front setback where 15 feet is required and; the second from 38.540.020 to allow a 0 foot setback for back up maneuverability where a 6 foot rear setback is required for a parking space off an alley. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:54:50 Discussion Cr. Coburn agreed with the staff's findings related to the criteria of evaluation. He stated this makes sense to get a house where we would not be able to while protecting public health and safety and conforms to the area. Cr. Pomeroy will support as it will provide housing where there is none. DM Cunningham agreed with the staff's findings. He applauded the applicant for engaging in the necessary process to work around the barriers and difficulties of this particular parcel to provide an infill housing unit. DocuSign Envelope ID: 49A90530-FC7E-4199-9BAA-5A53FFD1117D Bozeman City Commission Meeting Minutes, September 28, 2021 Page 6 of 7 Cr. Madgic will support the motion. She added what can be learned from a situation like this to assist in providing affordable housing, including an option for administrative review and the desire for a clear regulatory document that is understandable by the general public. Mayor Andrus will support the motion. She stated the importance of Commission review within the NCOD. She stated the importance of the community to see what is being proposed in the district. She stated this proposal meets the guidelines and conforms to the necessary criteria. Cr. Pomeroy echoed the need for expediency and clarity in regulation for affordable housing. 01:03:56 Vote on the Motion Having reviewed and considered the application materials, public comment, and all other information presented, I hereby find application 21258 meets the criteria required for approval and move to approve the 424 N. Ida Avenue application to construct a single family residence with two deviation requests from the Bozeman Municipal Code; the first from 38.320.030.C to allow for a 3 foot front setback where 15 feet is required and; the second from 38.540.020 to allow a 0 foot setback for back up maneuverability where a 6 foot rear setback is required for a parking space off an alley. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None L) 01:04:17 FYI / Discussion M) 01:04:34 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk DocuSign Envelope ID: 49A90530-FC7E-4199-9BAA-5A53FFD1117D Bozeman City Commission Meeting Minutes, September 28, 2021 Page 7 of 7 PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: October 26, 2021 DocuSign Envelope ID: 49A90530-FC7E-4199-9BAA-5A53FFD1117D