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Home My WebLink About08-09-22 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, August 9, 2022 Page 1 of 7 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES August 9, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Staff Present at the Dais: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A) 00:00:10 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:03:03 Pledge of Allegiance and a Moment of Silence C) 00:03:42 Changes to the Agenda • There were no changes. D) 00:03:52 FYI • DM Cunningham noted the Sustainability Advisory Board meeting on August 10 at 6 p.m. • CM Mihelich announced Katie Biehl was awarded the 2022 Library of the Year award by the Montana Library Association; and, provided a drought update. E) 00:06:24 Commission Disclosures F) 00:06:30 Consent F.1 Accounts Payable Claims Review and Approval F.2 Approval of Depository Bonds and Pledged Securities as of June 30, 2022 Commission Memo - Pledged Securities - Approval 0622.doc Depository Bonds & Securities 0622.doc F.3 Authorize the City Manager to Sign a Professional Services Agreement in the Amount of $56,400 with Metcalf Archaeological Consultants, Inc. to Supply the City with Architectural Inventory Services SHPO/COB Agreement Final PSA Metcalf-COB signed.pdf COI_CityOfBozeman_2022.pdf Bozeman City Commission Meeting Minutes, August 9, 2022 Page 2 of 7 F.4 Authorize the City Manager to Sign a Task Order 1 of the Professional Services Master Task Order Agreement with AE2S Providing for Engineering Services for the Following Three Sub-tasks at the City of Bozeman Water Treatment Plant: DAF Effluent to Gravity Thickener Feasibility Study, Facility Renovation Plan for a Garage Wall Demolition, and Lyman Creek Dam Outlet Diversion Improvements Project WTP On-Call Services - Task Order 1 F.5 Ordinance 2119 Final Adoption of the 130 Flanders Mill Road Annexation of 1.0875 Acres and Amendment of the City Zoning Map for the Establishment of a Zoning Designation of R-3 (Residential Medium Density); Application 22043 22043 Flanders Mill ZMA Ordinance 2119.pdf 537-01 HELVIK Zone-Map-Amnd.pdf 00:06:36 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:07:12 Public Comment There were no public comments on the Consent Agenda. 00:07:43 Motion to approve Consent Items 1 - 5 as submitted. Terry Cunningham: Motion Christopher Coburn: 2nd 00:07:51 Vote on the Motion to approve Consent Items 1 - 5 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:08:02 Public Comment There were no general public comments. H) 00:09:03 Special Presentation H.1 00:09:20 Eighth Quarterly Report on Bozeman as an Inclusive City 8-2-22 FINAL Inclusive City Report August 2022.pdf I) 00:15:45 Action Items I.1 00:15:50 Resolution 5439 Declaring a Public Welfare Emergency and Authorizing the Selection of a Responsible Contractor without Competitive, Advertised Bidding to Complete the Immediate Repair of Damage to the City Swim Center Resolution 5439.docx Bozeman City Commission Meeting Minutes, August 9, 2022 Page 3 of 7 00:16:28 Staff Presentation CM Mihelich provided the background on the resolution, bidding public contracts, the recommendations and findings to waive the bidding process, the next steps and scheduling, 00:21:35 Questions of Staff 00:29:57 Public Comment Mayor Andrus opened this item for public comments. 00:30:26 John Kiser, Public Comment John Kiser commented on the Swim Center and in support of the resolution. 00:33:43 Maria Holden, Public Comment Maria Holden commented on the benefit of the Swim Center to the community. 00:36:33 Jason Schoper, Public Comment Jason Schoper commented on the Swim Center 00:39:38 Winston Sundeen, Public Comment Winston Sundeen commented on the Swim Center and in support of the resolution. 00:40:15 Nicole Olsen, Public Comment Nicole Olsen commented on the Swim Center and in support of the resolution. 00:41:25 Shelby Russell, Public Comment Shelby Russell commented in support of the resolution. 00:43:35 Ashley Ogle, Public Comment Ashley Ogle commented in support of the resolution 00:45:04 Siobhan Gilmartin, Public Comment Siobhan Gilmartin commented in support of the resolution. 00:46:00 Leif Sundeen, Public Comment Leif Sundeen commented in support of the resolution. 00:46:57 Mary Wictor, Public Comment Mary Wictor commented in support of the resolution. 00:47:55 Motion to adopt Commission Resolution 5439 declaring a public welfare emergency and authorizing the selection of a responsible contractor without competitive, advertised bidding to complete the immediate repair of damage to the city swim center Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:48:13 Discussion Bozeman City Commission Meeting Minutes, August 9, 2022 Page 4 of 7 00:57:21 Vote on the Motion to adopt Commission Resolution 5439 declaring a public welfare emergency and authorizing the selection of a responsible contractor without competitive, advertised bidding to complete the immediate repair of damage to the city swim center. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.2 00:57:31 Resolution 5406 Establishing Tree Maintenance District Assessments for FY2023 Resolution 5406 Tree Mtc Assessments FY23.docx 00:57:49 Staff Presentation Interim Finance Director Rachel Harlow-Schalk presented the resolution for tree maintenance district assessment, the six percent increase is based upon the adopted fiscal year 2023 budget. 01:02:45 Questions of Staff 01:10:36 Public Comment There were no public comments on this item. 01:11:02 Motion to adopt Commission Resolution 5406 establishing a Tree Maintenance District Assessments for FY2023, making the assessment rate $0.003914 per assessable square foot. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 01:11:25 Discussion 01:14:50 Vote on the Motion to adopt Commission Resolution 5406 establishing a Tree Maintenance District Assessments for FY2023, making the assessment rate $0.003914 per assessable square foot. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None Bozeman City Commission Meeting Minutes, August 9, 2022 Page 5 of 7 01:15:06 City Manager Acknowledgment CM Mihelich acknowledge Rachel Harlow-Schalk for her work with the City as the Interim Finance Director. I.3 01:16:34 Public Hearing for University Crossing Site Plan and Conditional Use Permit (CUP) to Allow Ground Floor Residential within the Community Business (B-2) Zoning District, Application 21327 University Crossing SP & CUP_CC Final.pdf 21327 Conditions for Recordation DRAFT.pdf 01 Development Review Application SIGNED.pdf 02 Narrative.pdf 00 A0-0 - COVER.pdf 02AC2.1 - ARCHITECTURAL SITE PLAN.pdf 17 L101 - OVERALL LANDSCAPE PLAN.pdf 23 N-A2-1 - 2ND FLOOR PLAN.pdf 24 N-A2-2 - 3RD FLOOR PLAN.pdf 25 N-A3-0 - BUILDING ELEVATIONS.pdf 22 N-A2-0 - 1ST FLOOR PLAN.pdf 30 S-A2-1 - 2ND FLOOR PLAN.pdf 31 S-A2-2 - 3RD FLOOR PLAN.pdf 32 S-A3-0 - BUILDING ELEVATIONS.pdf 29 S-A2-0 - 1ST FLOOR PLAN.pdf 01:17:07 Staff Presentation Senior Planner Tom Rogers presented the application. He entered the applicant submittal, the staff report, and all public comments into the record, presented the project location, the Future Land Use Map designation, applications in the immediate vicinity, an image of the site plan and design elevations, the criteria for review of the conditional use permit (CUP), and the recommended motion. 01:22:21 Questions of Staff 01:30:16 Applicant Presentation Laura Dornberger, with Locati Architects, responded to Commission questions and was available for questions. 01:30:51 Questions of Applicant 01:35:51 Public Comment There were no comments on this item. 01:36:17 Motion to approve Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presenting in the staff report for application 21327 and move to approve the University Crossing Conditional Use Permit subject to conditions and all applicable code provisions. Jennifer Madgic: Motion Terry Cunningham: 2nd Bozeman City Commission Meeting Minutes, August 9, 2022 Page 6 of 7 01:36:53 Discussion 01:48:57 Vote on the Motion to approve Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presenting in the staff report for application 21327 and move to approve the University Crossing Conditional Use Permit subject to conditions and all applicable code provisions. The Motion carried 4 – 1. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: Christopher Coburn 01:49:07 Recess Mayor Andrus called the meeting into recess. 01:55:06 Call to Order Mayor Andrus called the meeting back to order. J) 01:55:13 Work Session J.1 01:55:14 Short Term Rental Work Session Short Term Rentals Memo.pdf Attachment 1 - Public Engagement.pdf Zoning Districts Map.pdf 01:56:55 Staff Presentation Housing Program Specialist Renata Munfrada presented the history of Short Term Rentals (STR), registration process, current types of STRs, current zoning districts that allow STR, STR data, community comparisons, potential policy options, and the questions for the Commission to consider. 02:06:20 City Attorney Clarification 02:07:58 Questions of Staff 03:02:57 Public Comment 03:03:14 Marilee Brown, Public Comment Marilee Brown commented on the history of the STR program, data on STRs, compliance, suggested a survey of homes advertised, and on the role of management companies. 03:06:36 Leif Sundeen, Public Comment Leif Sundeen commented on STRs, housing availability, the need for more data, and on caps of STRs. 03:09:25 Paul House, Public Comment Bozeman City Commission Meeting Minutes, August 9, 2022 Page 7 of 7 Paul House commented on the lack of enforcement, the need for data, to enforce the policy as created before making changes, potential caps, require City permit numbers on listings, and encourage county to adopt similar. 03:12:50 Reno Walsh, Public Comment Reno Walsh commented in agreement on enforcement, that individuals are unaware of the requirements, the requirement of City license on listings. 03:14:43 Emily Talago, Public Comment Emily Talago commented on the need to balance benefits and detriments of STRs, potential changes to fee structure, and how extended stay hotels are expected to comply. 03:17:21 Mary Wictor, Public Comment Mary Wictor commented on expanding Type-1 and Type-2 rentals, restricted zones, using parking requirements as a restriction, 03:20:44 Response to Public Comment CA Sullivan provided a response to some public comments. 03:23:32 City Manager Clarification 03:24:27 Direction to Staff K) 03:47:10 FYI / Discussion • DM Cunningham shared concern of community commercial becoming usurped by residential developments. L) 03:49:06 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: September 13, 2022