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Home My WebLink About05-18-21 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, May 18, 2021 Page 1 of 9 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES May 18, 2021 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None A) 00:03:08 Call to Order - 6:00 PM - Via WebEx B) 00:03:15 Pledge of Allegiance and a Moment of Silence C) 00:03:49 Changes to the Agenda CM Mihelich noted the removal of Consent Item 10, Ordinance 2075. D) 00:04:23 FYI CM Mihelich highlighted the Public Library for its recognition in the School Library Journal. CM Mihelich highlighted the Bozeman Street Report. E) 00:06:14 Commission Disclosures • Cr. Pomeroy disclosed an earlier conversation with the Sacajawea Audubon Society. F) 00:06:42 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with Bangtail Partners, LLC for the Cottonwood and Ida Site Plan Project (20234) Conditional Irrevocable Offer of Dedication F.3 Authorize the City Manager to Sign a Professional Services Agreement with Dennis Curran (Yardbird), for Landscape and Irrigation Maintenance Services at Alder Creek Subdivision Park Attachment A Request for Quotes- Landscape & Irrigation Maintenance services at Alder Creek Park.pdf Professional Service Agreement Dennis Curran The Yardbird.pdf F.4 Authorize the City Manager to Sign a Professional Services Agreement with DOWL for the Purpose of Providing Engineering Inspection Services for the 2021 Construction Season Agreement.pdf DocuSign Envelope ID: 197F01FB-D2A3-4EEA-A05E-CE438E702632 Bozeman City Commission Meeting Minutes, May 18, 2021 Page 2 of 9 DOWL Scope of Services.pdf MMI Quote.pdf F.5 Authorize the City Manager to Sign a First Addendum to Professional Service Agreement with Hydro Logistic Irrigation, LLC for Irrigation Services at City Properties 1st Addendum - Hydro Logistic Irrigation LLC - Irrigation Services at City Facilities 5-3- 21.pdf F.6 Authorize the City Manager to Sign a Sanderson Stewart Term Contract Task Order #EDD21-002 Creating a Fiber Optic Conduit Master Plan 09-09-19 City Commission Packet Materials - C3. Economic Development Administration Grant Application for EDA Programs.pdf URD Task Order Form EDD21-002.docx SOW_Conduit Master Plan_042321.pdf F.7 Authorize the City Manager to Sign an Amendment 1 to Task Order 12 with Sanderson Stewart for the Purpose of Right-of-Way Acquisition on the Griffin Drive - 7th to Rouse Project Amendment 1 to Task Order 12 with Sanderson Stewart for Griffin Drive ROW Acquistion.pdf F.8 Authorize the City Manager to Sign an Amendment 3 to a Professional Services Agreement with Sanderson Stewart to Provide Construction Administration and Engineering Services for the Griffin Drive and Manley Road Street and Stormwater Improvement Project Scope of Work for Amendment 3 for Griffin Drive and Manley Road Street and Stormwater Improvement Project.pdf Amendment 3 to PSA with Sanderson Stewart for Griffin Drive and Manley Road Street and Stormwater Improvement Project.docx F.9 Resolution 5304, Intent to Modify a Special Improvement Lighting District #460 for North 7th Avenue Resolution 5304-Intent to Modify SILD 460-N 7th Ave-updated for phase 3.doc Exhibit A-Modification of SILD 460.pdf Exhibit B-Modification of SILD 460.pdf F.10 Ordinance 2075, Provisional Adoption to Rezone 6.99 Acres from R-O, Residential Office District to R-5, Residential Mixed-Use High Density District, Application 20389 Ordinance 2075 Nexus Point 2021 ZMA No 20389.docx NexusPoint2021ZMAExhibit041621.pdf 00:06:43 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:07:38 Public Comment There were no comments on the Consent Agenda. 00:12:42 Motion I move to approve Consent Items 1-9 as submitted. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:12:53 Vote on the Motion to free form I move to approve Consent Items 1-9 as submitted. The Motion carried 5 - 0 DocuSign Envelope ID: 197F01FB-D2A3-4EEA-A05E-CE438E702632 Bozeman City Commission Meeting Minutes, May 18, 2021 Page 3 of 9 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:13:16 Public Comment 00:16:02 Steve Kirchhoff, Public Comment Steve Kirchhoff commented on the Kagy Boulevard Expansion Project. 00:20:00 Nick Allevato, Public Comment Nick Allevato commented in support of the previous public comment and in opposition to the adoption of the health code. H) 00:22:12 Action Items H.1 00:22:16 Burkle DeTar Addition Conditional Use Permit (CUP) to Allow for An Expansion of a Legal Non-Conforming Residential Use By More Than 20 Percent in the B- 3 District, Application 21085 (Quasi-judicial) Project21085_StaffReport_CityCommissionShort.docx 00:22:20 City Manager Introduction 00:22:39 Staff Presentation City Planner Nakeisha Lyon presented the Burkle DeTar Addition CUP application. She entered the staff report, findings, public comment and application materials into the record. She presented the background of the property, the location and surrounding zoning, the existing and proposed site plan, the staff evaluated criteria, public comment, and staff recommendation. 00:31:07 Questions of Staff 00:43:55 Questions of Applicant The applicant, Tammy Minge of Frog Rock Design and the property owner, Charlie DeTar were present for questions. 00:48:22 Public Comment 00:50:17 Nick Allevato, Public Comment Nick Allevato commented in regards to red tape in residential development projects. 00:51:42 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 21085 and move to approve the conditional use permit with conditions and subject to all applicable code provisions. DocuSign Envelope ID: 197F01FB-D2A3-4EEA-A05E-CE438E702632 Bozeman City Commission Meeting Minutes, May 18, 2021 Page 4 of 9 I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:52:28 Discussion • Cr. Pomeroy spoke in support of the application. She commented on the application being consistent with the City's growth policy and the surrounding neighborhood. • DM Cunningham spoke in support of the staff report and findings. He agrees with the assessment of the NCOD. • Cr. Madgic spoke in support of the motion. She believes the proposed CUP meets the criteria, particularly that there is no material adverse effect on abutting properties. • Cr. Coburn plans to support the application. • Mayor Andrus commented in support of the motion. She commented on its appropriateness for B3, an area where Bozeman is looking for more density. 00:59:42 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 presented in the staff report for application 21085 and move to approve the conditional use permit with conditions and subject to all applicable code provisions.. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H.2 01:00:05 Bozeman East Mixed Use Master Site Plan & Conditional Use Permit, Application 19230 19230_StaffReport_CityCommissionShort.docx 01:00:08 City Manager Introduction 01:00:20 Staff Presentation City Planner Sarah Rosenberg entered the staff report into the record. She presented the Bozeman East Mixed Use Master Site Plan & CUP. She presented the location, she presented the site plan, the block frontage requirement, the request to depart from the block frontage, building elevations, parkland, the CUP criteria of evaluation, public comment, and recommendation. 01:11:30 Questions of Staff 01:31:02 Applicant Presentation Jana Cooper of TD&H Engineering presented on the project, the surroundings, the public amenities and private amenities, and a rendering of the buildings. 01:38:37 Questions of Applicant DocuSign Envelope ID: 197F01FB-D2A3-4EEA-A05E-CE438E702632 Bozeman City Commission Meeting Minutes, May 18, 2021 Page 5 of 9 01:43:31 Questions of Owner 01:58:33 Public Comment 02:00:08 Christopher Nixon, Public Comment Christopher Nixon commented in favor of the development, but questioned the water core setback. 02:03:48 Nick Allevato, Public Comment Nick Allevato commented in opposition to preserving stream corridors, open space, and requiring park space. 02:06:20 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 19230 and move to approve the Conditional Use Permit for ground level residential uses, the Park Master Plan, and the Bozeman East Mixed Use Master Site Plan subject to conditions and all applicable code provisions. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:06:54 Discussion • DM Cunningham agreed with the staff findings. He commented that allowing residential units on the ground floor could help make the vacancy rate healthier. He commented in support of open spaces and parks. He commented on subsidies. • Cr. Madgic commented in support of the development as good infill. She commented that it would be great for staff to put transit scores into staff reports. • Cr. Coburn commented in support. He commented that areas with a surplus of walkable resources may not require as many parking spaces. • Cr. Pomeroy commented in support of the motion. • Mayor Andrus commented in support of the application as well. 02:19:43 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 presented in the staff report for application 19230 and move to approve the Conditional Use Permit for ground level residential uses, the Park Master Plan, and the Bozeman East Mixed Use Master Site Plan 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 DocuSign Envelope ID: 197F01FB-D2A3-4EEA-A05E-CE438E702632 Bozeman City Commission Meeting Minutes, May 18, 2021 Page 6 of 9 H.3 02:20:06 Ordinance 2078, Adopting Health Code Ordinance 2078 Adopting Health Code by reference.pdf Health Code Chapter 1.pdf Health Code Chapter 2.pdf Health Code Chapter 3.pdf 02:20:25 CM Mihelich Introduction and Presentation 02:21:36 Questions of Staff 02:21:59 Public Comment There were no public comments on this item. 02:25:26 Motion I move to provisionally adopt Ordinance 2078, Adopting the Gallatin City-County Health Code by reference. Jennifer Madgic: Motion Christopher Coburn: 2nd 02:25:45 Discussion • Cr. Madgic spoke in favor of the motion. • Cr. Coburn spoke in favor of the motion and elaborated on the responsibilities of the Health Code. • Cr. Pomeroy spoke in favor of the motion. • Cr. Cunningham spoke in favor of the motion. • Mayor Andrus spoke in support of the motion. 02:28:41 Vote on the Motion to approve I move to provisionally adopt Ordinance 2078, Adopting the Gallatin City-County Health Code by reference. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:29:04 Recess Mayor Andrus called a recess 02:35:23 Call Back to Order Mayor Andrus called the meeting back to order. DocuSign Envelope ID: 197F01FB-D2A3-4EEA-A05E-CE438E702632 Bozeman City Commission Meeting Minutes, May 18, 2021 Page 7 of 9 H.4 02:35:28 FY22 City Manager Recommended Budget- Introduction FY22 CM Recommended Budget Executive Summary.pdf BUDGET in BRIEF.pdf 02:35:32 City Manager Introduction 02:35:39 Staff Presentation CM Mihelich and Finance Director Kristin Donald presented the introduction to the recommended budget for FY22. They highlighted the current stage in the budget development process, they presented the CARES Act funding, the American Rescue Plan money, the impacts of the legislative session, how the budget will help accomplish strategic plan priorities. Finance Director Kristin Donald went over the FY22 Budget Document. She walked through the budget summary, the FY22 budget revenue, estimated property taxes, the estimated tax levy, special assessments, and utility charges. She explained expenditures specifically historical expenditure trends, personnel, operating, capital, and reserves. CM Mihelich went through the highlights, the typical residential property estimated impact, the calendar moving forward. 02:55:48 Questions of Staff 03:44:34 Public Comment 03:46:22 Kevin Thane, Public Comment Kevin Thane commented on the community housing fund described in the budget document. 03:50:46 Loreene Reid, Public Comment Loreene Reid commented on subsidies for affordable housing. I) 03:55:27 Work Session I.1 03:55:32 Wetlands Work Session 03:55:41 Meeting Extended until 10:15 03:55:50 Staff Presentation CM Mihelich presented on why wetlands are important, how we currently preserve wetlands in the City, how we can improve the preservation of wetlands in the City. He gave an update on a sensitive lands study. He noted the likely collaborators. He finished with questions to consider. The Commission was asked to consider: 1. Do we continue to support working with the Army Corps of Engineers and the Sacagawea Audubon in the creation of a local wetlands bank? 2. Should the City require local wetland mitigation for requirements that are smaller than federal standards? 3. If local wetland banks are created and required should we require or incentivize credits to be used locally? 04:05:04 Direction from the Commission • Cr. Pomeroy answered yes to all three questions. • DM Cunningham encouraged the City to move forward with all questions. He would like local wetland credits to be in the code. DocuSign Envelope ID: 197F01FB-D2A3-4EEA-A05E-CE438E702632 Bozeman City Commission Meeting Minutes, May 18, 2021 Page 8 of 9 • Cr. Madgic answered yes to all three questions. • Cr. Coburn supports moving forward. He requests including some indigenous leaders involved in the project. • Mayor Andrus supports moving forward with all three questions. She would like the wetland mitigation requirement to make sense in terms of the size. 04:12:08 Public Comment 04:13:01 William Kleindl, Public Comment William Kleindl commented in support of moving forward. He specifically noted that all wetlands in the City are regulated by the City according to the code, but there is a hole in isolated wetlands. He encourages mitigating locally and working with local groups to help. 04:17:07 Mayor Andrus extended the meeting until 10:30. 04:17:19 Christopher Nixon, Public Comment Christopher Nixon commented notifications of filling wetlands, local mitigation, and avoidance of damage to wetlands. 04:20:40 Wendy Weaver, Public Comment Wendy Weaver commented on closing federal loopholes around mitigation and local wetland credits. 04:23:18 Loreene Reid, Public Comment Loreene Reid commented on local wetland mitigation and how the City can prevent tax money from going to the Jefferson Watershed. She highlighted the possibility of a Wetlands Program Plan. J) 04:27:24 FYI / Discussion K) 04:27:33 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk DocuSign Envelope ID: 197F01FB-D2A3-4EEA-A05E-CE438E702632 Bozeman City Commission Meeting Minutes, May 18, 2021 Page 9 of 9 PREPARED BY: ___________________________________ Jesse DiTommaso Deputy City Clerk DocuSign Envelope ID: 197F01FB-D2A3-4EEA-A05E-CE438E702632