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HomeMy WebLinkAbout11-16-21 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, November 16, 2021 Page 1 of 12 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES November 16, 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, Assistant City Attorney (ACA) Anna Saverud, City Clerk (CC) Mike Maas A) 00:01:20 Call to Order - 6:00 PM - WebEx Videoconference B) 00:04:14 Pledge of Allegiance and a Moment of Silence C) 00:04:56 Changes to the Agenda There were no changes to the agenda. D) 00:05:07 FYI • CM Mihelich noted the implementation of ProjectDox to allow development review applications online and view documents in one location. E) 00:06:32 Commission Disclosures There were no disclosures. F) 00:06:42 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize the Mayor to Sign a Findings of Fact and Order for the Annie Subdivision Phase 4 Preliminary Plat, Application 21201 21201 Annie Subdivision Ph. 4 PP FOF.pdf PlatSheet1of3_07262021.pdf PlatSheet2of3_07262021.pdf DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, November 16, 2021 Page 2 of 12 PlatSheet3of3_07262021.pdf F.3 Authorize the City Manager Sign a Montana Forest Action Plan Grant Agreement with the Montana Department of Natural Resources and Conservation for the Bozeman Municipal Watershed Cross-Boundary Forest Collaboration Project to Provide Funding for Phase 3 of the Sourdough Fuels Reduction Project MT Forest Action Plant Grant Agmt - Bozeman F.4 Authorize the City Manager Sign a Forest Health Program Subaward Agreement with the Montana Department of Natural Resources and Conservation for the Sourdough Creek Fuels Reduction Project Campaign Sourdough OE Campaign Grant Agmt F.5 Authorize the City Manager to Sign a Master Services Purchase Agreement and Statement of Work with Upstate Wholesale Supply Company D/B/A “Brite”, to Purchase a Fully Integrated Body-Worn Camera, Interview Room Video, Patrol Car Video, and Mobile Data Terminal System, Including Hardware, Software, Cloud Storage and Warranty. Brite Statement of Work.pdf Brite Master Services Purchase Agreement.pdf F.6 Authorize the City Manager to Sign a Professional Services Agreement with Advantage Spraying Services Inc. to Provide Snow Removal Services for the City of Bozeman Parks and Trails District Professional Service Agreement Snow Removal Services Advantage Spraying Services Inc.pdf F.7 Authorize the City Manager to Sign a Professional Services Agreement with Clean Slate Group LLC. to Provide Snow Removal Services for the City of Bozeman Parks and Trails District Professional Service Agreement Snow Removal Services Clean Slate Group LLC..pdf F.8 Authorize the City Manager to Sign a Task Order 7 of the Stormwater Design Professional Services Master Task Order Agreement with DOWL, LLC for the South Tracy Stormwater Improvements TO 07 South Tracy Stormwater Scope of Services.pdf Professional Services Master Task Order Agreement.pdf F.9 Resolution 5356 Authorizing Prime Change Order 14 with Langlas and Associates for Construction of the Bozeman Public Safety Center Resolution_5356 CO14.docx BPSC Job No. 19426 Prime CO 14 signed STL.pdf F.10 Resolution 5358 Appointing the Billings City Attorney as a Special Prosecutor in the Matter of KB Resolution 5358 Appointing Special Prosecutor in Matter of KB.pdf F.11 Ordinance 2062 Final Adoption to Revise Language for Clarity and Consistent Application of First Floor Required Height Standards in Five Mixed-Use and Non-Residential Zoning Districts, and Revise Paragraph A.1 of Subchapter 4b of the Bozeman Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District. No Changes DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, November 16, 2021 Page 3 of 12 to Maximum Height Dimensional Standards are Included with this Amendment. Revise Affected Sections to Implement the City Commission Directed Revisions 20147 Building Height amendments Ordinance 2062 V2.pdf F.12 Ordinance 2092 Final Adoption Amending Bozeman Municipal Code Section 2.03.540 governing Gifts, Gratuities, and Favors Ordinance 2092.pdf 00:06:52 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:08:38 Public Comment There were no public comments on the Consent Agenda. 00:11:18 Motion to approve Consent 1-12 as submitted. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:11:29 Vote on the Motion to approve Consent 1-12 as submitted The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:11:49 Public Comment Mayor Andrus opened general public comment. 00:14:10 Mary Wictor, Public Comment Mary Wictor commented on her previously submitted written comments to allow duplex units on any residentially zoned lot. H) Special Presentation H.1 00:19:41 Fifth Quarterly Report on Bozeman as an Inclusive City Inclusive City Report November 2021.pdf DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, November 16, 2021 Page 4 of 12 CM Mihelich presented the quarterly report on the Inclusive City efforts. He outlined the strategic plan, the purpose of the inclusive city, the completed items, and items in progress. He presented what is next in this process. I) 00:27:21 Action Items I.1 00:27:27 Ordinance 2091 Provisional Adoption to Update to Accessory Dwelling Unit (ADU) Standards to Revise the Standards for Ground Floor ADUs in All Applicable Zoning Districts by Requiring that Ground Floor ADUs Must Either Have Alley Access or a Pedestrian Connection to a Sidewalk or the Adjacent Right-of-way; This amendment Will Also Revise the Standards for all ADUs by Removing the Requirement to Provide Minimum Parking Ordinance 2091 Update to Accessory Dwelling Unit (ADU) Standards SR.pdf Ordinance 2091 Update to ADU Standards Ordinance.pdf 00:27:42 Staff Presentation Associate Planner Jacob Miller presented the ordinance. He entered the staff report, public comment, and the draft ordinance into the public record. He presented the two components*. He presented the changes, the Zoning Criteria of Evaluation, the applicable goals of the growth policy, the received public comments, and the recommendations. 00:32:37 Questions of Staff 00:53:13 Public Comments Mayor Andrus opened this item for public comments. 00:55:40 Mary Wictor, Public Comment Mary Wictor commented in favor of ADUs and the relation of removing parking requirements need for parking enforcement changes. She commented on potential occupancy requirements based on vehicles. 00:59:04 Jason Delmue, Public Comment Jason Delmue commented on the affordable housing crisis and these efforts are one of the easier projects to complete and the gentlest way to increase density. He noted the expense and limited number of units in providing housing through ADUs. He noted the ability to monitor and change the code again if issues arise. 01:01:41 Kevin Thane, Public Comment Kevin Thane commented in support of the ordinance. He commented on the need to implement additional recommendations from the Clarion report relative to ADUs and the engineering requirements for utility connection. 01:04:10 Charles Bolte, Public Comment DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, November 16, 2021 Page 5 of 12 Charles Bolte commented to ask about the percentage of ADUs and the estimated increase in ADUs as a result of this change. 01:06:41 Emily Talago, Public Comment Emily Talago commented on the need to bundle many changes at a time and commented on the ADU project collaboration between the City and MSU. She commented on the removal of parking requirements and that consideration should be given to proximity to transit. 01:10:36 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 21-100 and move to provisionally adopt Ordinance 2091, Update on Ground Floor Accessory Dwelling Units Text Amendment Terry Cunningham: Motion Jennifer Madgic: 2nd 01:11:03 Discussion DM Cunningham provided findings generally in agreement with staff; he disagreed with Criteria D and stated that this ordinance is a positive whereas staff identified the criteria as neutral. He noted the benefit of receiving UDC amendment suggestions via the community portal. He noted the potential for the Commission to review restrictive covenants that inhibit community goals. Cr. Madgic will support the motion. She stated agreement with DM Cunningham's findings related to criteria D. She stated her agreement with comments related to assisting affordability by creating diverse housing. Cr. Coburn will support the motion, but expressed his frustration that additional items were not bundled into this ordinance. He noted lot size, ADU size, and occupancy requirements as items he would like to see modified in the future. Cr. Pomeroy will support the motion. Mayor Andrus will support the motion. She agreed with other suggestions to incorporate additional recommendations from the Clarion Report in a future ordinance. She highlighted the partnership with MSU for ADU plans designs. 01:28:44 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 21-100 and move to provisionally adopt Ordinance 2091, Update on Ground Floor Accessory Dwelling Units Text Amendment. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, November 16, 2021 Page 6 of 12 Christopher Coburn Disapprove: None 01:29:05 Recess Mayor Andrus called the meeting to recess. 01:30:01 Call to Order Mayor Andrus called the meeting back to order. I.2 01:30:02 Ordinance 2089 Provisional Adoption Amending Chapter 38 Unified Development Code to for Subdivision Review Procedures And Associated Development Standards Update Text Amendment to Conform to Amended State Law and Improve Processes, Application 21338 21338 CC Staff Report.pdf Revised Text for Subdivision Process - Provisional Adoption draft 11-1-2021.pdf Revised Text for Subdivision Process - Color Markup Provisional Adoption draft 11-1- 2021.pdf 01:30:33 Staff Presentation Community Development Program Manager Chris Saunders presented the subdivision process amendments. He entered the staff report and draft ordinance into the record. He presented the need for the amendments as a result of changes from the 2021 Legislature. He presented the process, what the amendments do, the process and its changes, the subdivision review and zoning criteria, and the recommendations. 01:43:51 Questions of Staff 01:53:54 Mayor Andrus experienced connection issues and re-joined the meeting by phone. 02:14:17 Public Comment There were no public comments on this item. 02:17:28 Motion Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21338, and move to provisionally adopt Ordinance 2089. Jennifer Madgic: Motion Christopher Coburn: 2nd 02:17:53 Discussion DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, November 16, 2021 Page 7 of 12 Cr. Madgic agreed with staff's findings related to this ordinance. She commended staff for their efforts related to these changes. She noted the role of the State in subdivision of land and its role in balancing the interests of the public. She will support the motion. Cr. Coburn agreed with Cr. Madgic and will support the motion. Cr. Pomeroy agreed with Cr. Madgic and will support the motion. DM Cunningham discussed the changes from the Legislature and their effects. He noted the need for transparency and proper review. He echoed previous comments on the efforts of staff to make this ordinance more streamlined. He noted the benefit of engaging with agricultural water users earlier in the process. Mayor Andrus noted the need to follow the Legislature and monitor what impacts there are on local governments. 02:27:51 Vote on the Motion Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21338, and move to provisionally adopt Ordinance 2089. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J) 02:28:18 Appointments J.1 02:28:19 Appointments to Citizen Advisory Boards 02:29:30 Questions 02:33:21 Public Comment Mayor Andrus opened this item for public comments. 02:34:21 Kristin Blackler, Public Comment Kristin Blackler commented as an applicant to the Sustainability Board to express her gratitude. 02:35:10 Thomas Cuezze, Public Comment Thomas Cuezze commented to express his gratitude and on the robustness of the process. 02:35:55 Emily Talago, Public Comment DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, November 16, 2021 Page 8 of 12 Emily Talago commented to thank all the applicants. She read through the application materials and commented on the amount of time and rewarding nature of serving. She commented on potential compensation for board members. 02:37:47 Motion to appoint the following members to the associated roles and terms as provided: Urban Parks & Forestry Board: Three members appointed to terms ending December 31, 2024 Alice Stanley Anna Wearn Thomas Cuezze Four members appointed to terms ending December 31, 2023 Angie Kociolek as Chair Dan Fenn as Vice-chair Sally Rohrer Donald Ulrich Sustainability Board: Three members to terms ending December 31, 2024 Emma Bode as Chair Rebecca Kurnick as Vice-chair Kristin Blackler Four members to terms ending December 31, 2023 Benjamin Finnegan Isabel Shaida Lumay Murphy Matt Thompson Economic Vitality Board: Four members to terms ending December 31, 2023 Joseph Morrison Sara Savage Suzanne White Craig Ogilvie Three members to terms ending December 31, 2024 Katy Osterloth as Chair Danielle Rogers as Vice-chair DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, November 16, 2021 Page 9 of 12 John Carey Community Development Board: One Mayoral appointment upon designation by Gallatin County Commission to a term ending December 31, 2024 Jerry Pape Four Mayoral appointments to terms ending December 31, 2024 Allison Bryan Brady Ernst John Backes Padden Guy Murphy One Commission appointment of a licensed architect to a term ending December 31, 2023 Stephen Egnatz One Commission appointment of a representative of the development community to a term ending December 31, 2023 Nicole Olmstead as Vice-chair One Commission appointment to a term ending December 31, 2023 Henry "Hap" Happel as Chair Transportation Board: One member to a term ending December 31, 2022 Bryce Gordon Two members to terms ending December 31, 2023 Christine Roberts Shannon Mahoney Two members to terms ending December 31, 2024 Deejay Newell Courtney Oyler Two members to terms ending December 31, 2025 Kelly Pohl as Chair Paul Reichert as Vice-chair (Mayor Andrus concurred with the Mayor appointments within the motion.) DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, November 16, 2021 Page 10 of 12 Christopher Coburn: Motion I-Ho Pomeroy: 2nd 02:42:43 Discussion 02:54:04 Vote on the Motion to the following members to the associated roles and terms as provided: Urban Parks & Forestry Board: Three members appointed to terms ending December 31, 2024 Alice Stanley Anna Wearn Thomas Cuezze Four members appointed to terms ending December 31, 2023 Angie Kociolek as Chair Dan Fenn as Vice-chair Sally Rohrer Donald Ulrich Sustainability Board: Three members to terms ending December 31, 2024 Emma Bode as Chair Rebecca Kurnick as Vice-chair Kristin Blackler Four members to terms ending December 31, 2023 Benjamin Finnegan Isabel Shaida Lumay Murphy Matt Thompson Economic Vitality Board: Four members to terms ending December 31, 2023 Joseph Morrison Sara Savage Suzanne White Craig Ogilvie Three members to terms ending December 31, 2024 DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, November 16, 2021 Page 11 of 12 Katy Osterloth as Chair Danielle Rogers as Vice-chair John Carey Community Development Board: One Mayoral appointment upon designation by Gallatin County Commission to a term ending December 31, 2024 Jerry Pape Four Mayoral appointments to terms ending December 31, 2024 Allison Bryan Brady Ernst John Backes Padden Guy Murphy One Commission appointment of a licensed architect to a term ending December 31, 2023 Stephen Egnatz One Commission appointment of a representative of the development community to a term ending December 31, 2023 Nicole Olmstead as Vice-chair One Commission appointment to a term ending December 31, 2023 Henry "Hap" Happel as Chair Transportation Board: One member to a term ending December 31, 2022 Bryce Gordon Two members to terms ending December 31, 2023 Christine Roberts Shannon Mahoney Two members to terms ending December 31, 2024 Deejay Newell Courtney Oyler Two members to terms ending December 31, 2025 Kelly Pohl as Chair Paul Reichert as Vice-chair DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, November 16, 2021 Page 12 of 12 (Mayor Andrus concurred with the Mayor appointments within the motion.) The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K) 02:54:27 FYI / Discussion • CM Mihelich clarified direction from the Commission to have staff bring potential amendments related to ADUs. He noted 3D models are on display at the Stiff Professional Building and through a partnership with CommaQ. L) 02:56:07 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: January 4, 2022 DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF