The URL can be used to link to this page

Home My WebLink About10-05-21 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, October 5, 2021 Page 1 of 10 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES October 5, 2021 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Staff Present in the WebEx: Assistant City Manager (ACM) Chuck Winn, City Attorney (CA) Greg Sullivan, (DCC) Deputy City Clerk Jesse DiTommaso A) 00:04:47 Call to Order - 6:00 PM - Via WebEx B) 00:04:54 Pledge of Allegiance and a Moment of Silence C) 00:05:32 Changes to the Agenda • There were no changes to the agenda. D) 00:05:39 FYI • Mayor Andrus expressed gratitude to the County Commission and Bozeman Fiber for taking action to expand access to broadband. She invited the public to Peet's Hill on Indigenous Peoples' Day for the lighting of the teepees, a mayoral proclamation and land acknowledgement at 6:15pm on Monday, October 11, 2021. • ACM Winn noted the Sourdough Trail closure beginning Monday, October 11, 2021. E) 00:09:38 Commission Disclosures • There were no commission disclosures. F) 00:09:46 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize the City Manager to Sign a Grant Agreement with Family Promise of Gallatin Valley for the Early Childhood Learning Center Final Family Promise Childhood Center - Grant Agreement Sep 21.pdf DocuSign Envelope ID: 49A90530-FC7E-4199-9BAA-5A53FFD1117D Bozeman City Commission Meeting Minutes, October 5, 2021 Page 2 of 10 F.3 Ratify the City Manager's Signature on a Construction Agreement with Phillips 66 for the Griffin Drive and Manley Road Street and Stormwater Improvements Project 20211005_Phillips 66_Construction Agreement.pdf 00:09:56 Assistant City Manager Introduction • ACM Winn provided the highlights of the Consent Agenda. 00:11:19 Public Comment • There were no public comments on the Consent Agenda. 00:14:02 Motion Consent Items 1-3 as submitted. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:14:12 Vote on the Motion to approve Consent Items 1-3 as submitted. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:14:31 Public Comment • Mayor Andrus opened the meeting for general public comment. 00:17:53 Emily Talago, Public Comment • Emily Talago commented asking for an emergency meeting and ordinance to allow recreational vehicles to be parked where they can connect to power. H) 00:20:17 Action Items H.1 00:20:17 Annie Subdivision Phase 4 Major Subdivision Preliminary Plat, Application 21201 21201 Annie Subdivision Ph. 4 PP CC SR.pdf NarrativeResponsetoPreApplicationComments_05162021.pdf L1.1LandscapeCloseUp_05072021.pdf 09-19-21 Public Comment - M. Bly - Annie Subdivision Ph. 4 App. #21201.pdf NorthwesternEnergyConstrAppEmail_03182021.pdf L1.2LandscapeDetails_05072021.pdf 09-20-21 Public Comment - D. Fleming - Re_ Application 21201.pdf NRCSSoilsData23Pgs_05162021.pdf PlatSheet1of3_07262021.pdf A1_AnnieSubdivisionPhase4_PP_05122021.pdf NWE_ServiceLetter_05192021.pdf DocuSign Envelope ID: 49A90530-FC7E-4199-9BAA-5A53FFD1117D Bozeman City Commission Meeting Minutes, October 5, 2021 Page 3 of 10 PlatSheet2of3_07262021.pdf AdjoiningPropertyOwnersList_05132021.pdf Ph4_AmendDeclarationSignaturePage_04292021.pdf PlatSheet3of3_07262021.pdf AdjoiningPropertyOwnersMap_04212021.pdf Ph4_AmendmenttotheDeclarationofCovenants_05112021.pdf RoadPlanProfile_07262021.pdf ArcadiaGardensSitePlan_01031995.pdf Plat_Existing_Annie3B_J-481.pdf RoadPlanProfileALT_08012021.pdf AsBuilts_AnniePh1_2002.pdf Plat_Existing_AnniePh3A_J-343.pdf RoadSectionDetail_05122021.pdf AsBuilts_AnniePh3C_2007.pdf Plat_Existing_AnniePh3C_J-482.pdf SewerMainProfile_07262021.pdf CILWR_CityEmail_12152020.pdf ResponseDRCComments_07262021.pdf WaterMainProfile_07262021.pdf CityResolution4041_LightingDistrict700_AnniePh3B_3C.pdf RevisionandCorrectionRC_07262021.pdf CommentsOnPreApp_04072021.pdf RRFB_Tapco_Detail_05162021.PDF CovenantsExistingAnnieSub_05072021.pdf ServiceEmailCenturyLink_04162021.pdf Easement_Existing_20FtAccess_Lot1Ph3C.pdf ServiceRequest_BozemanPublicSchools_04142021.pdf EmailReDurstonSID_02112021.pdf SewerDesignReport_07262021.pdf Exhibit_AdjacentSubdivisionOverview_01042021.pdf SitePhotos_01042021.pdf Exhibit_NoxiousWeeds_04122021.pdf StormwaterDesignReport_07262021.pdf Exhibit_USGSQuadrangleMap_01042021.pdf TestPitMonitorWellLocations_05122021.pdf Exhibit_WetlandDelineation_04122021.pdf TitleReport_04132021.pdf Exhibit_ZoningMap_05162021.pdf TrafficImpactStudy_AnniePh3_2000.pdf FindingsofFact_AnniePh3C_03062006.pdf TrafficImpactStudy_AnnieSub_1985.pdf FireFlowTestingEmail_03052021.pdf TrafficStudyWaiverEmail_04172021.pdf GeotechnicalSummary_03232021.pdf VarianceRequest_RoadGrade_07262021.pdf GeotechTestPitLocations_03232021.pdf VarianceRequest_StormwaterPipe_07262021.pdf GroundwaterCrossSection_05122021.pdf DocuSign Envelope ID: 49A90530-FC7E-4199-9BAA-5A53FFD1117D Bozeman City Commission Meeting Minutes, October 5, 2021 Page 4 of 10 WaiverofSIDs_Draft_07262021.pdf GroundwaterMonitoringData_05122021.pdf WaterDesignReport_07262021.pdf LightingAnalysisDurston_05072021.pdf WaterRights_107611_Irrigation.pdf MassGradingExampleSection_07262021.pdf WaterRights_30030324Domestic.pdf MFE_Form_04202021.pdf WeedManagementPlan_04152021.pdf N1Checklist_05132021.pdf WellLog_VanDyken_1999.pdf Narrative_Resubmittal_07262021.pdf WetlandDelineationMemo_043021.pdf NarrativeAdditionalPPSupplementals_05162021.pdf L1.0LandscapePlan_05072021.pdf 00:20:21 ACM Introduction 00:20:36 Staff Presentation City Planner Jacob Miller presented the Annie Subdivision Phase 4, application 21201. He summarized the proposal. He provided the current land use map, an areal map of services and amendments near the proposed development, and the Community Plan Future Land Use Map. He highlighted the Community Plan 2020 Goals met by this development. He provided the preliminary plat and noted the cash in lieu proposal. He provided the public comments, review criteria, and staff recommendation. 00:30:23 Questions of Staff 00:51:00 Applicant Presentation Gary Fox, of WGM Engineering, clarified previously asked questions. He provided a conceptual layout of what the development could look like. He highlighted his clients are local developers adhering to City Planning goals and paying for the beacon on North 25th. He noted the housing is designed to match the existing adjacent uses. 00:54:31 Questions of Applicant 00:59:37 Public Comment • There were no public comments. 01:02:29 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 21201 and move to approve the subdivision with conditions and subject to all applicable code provisions. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 01:03:07 Discussion • Cr. Pomeroy agreed with staff's findings and analysis of the project, specifically subdivision review criteria & primary subdivision review criteria. She noted the project does not impact DocuSign Envelope ID: 49A90530-FC7E-4199-9BAA-5A53FFD1117D Bozeman City Commission Meeting Minutes, October 5, 2021 Page 5 of 10 agriculture, wildlife, wildlife habitat, or public health and safety and has no issues due to deep ground water. She will be supporting the motion as it meets future planning goals, the climate goals, provides open space and more middle housing. • DM Cunningham also agreed with staff's findings and echoed Cr. Pomeroy's enthusiasm for diverse housing types. • Cr. Madgic will be supporting the motion for reasons stated by her colleagues. She noted her appreciation for the developers considering the street crossing, the Climate Plan and the City's planning goals. • Cr. Coburn will be supporting the motion for reasons stated by his colleagues and noted his excitement in the increased density of the application. • Mayor Andrus will be supporting the motion and associated herself with the staff findings and the comments of her colleagues. 01:13:12 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 21201 and move to approve the subdivision 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 01:13:34 Resolution 5333 Modification of Special Improvement Lighting District #744 for Boulder Creek Subdivision Resolution_5333__Modification_ofSILD_744-Boulder_Creek_Subdivision.pdf 01:13:39 ACM Introduction 01:13:50 Staff Presentation Assistant City Manager Rosenberry presented Resolution 5333. She explained the modification and presented the exact location for the proposed street light. She provided the type of fixture and the public notification process. 01:16:20 Questions of Staff 01:17:53 Public Comment • There were no public comments. 01:20:13 Motion Approve Commission Resolution 5333 Modification of Special Improvement Lighting District #744 for Boulder Creek Subdivision. DocuSign Envelope ID: 49A90530-FC7E-4199-9BAA-5A53FFD1117D Bozeman City Commission Meeting Minutes, October 5, 2021 Page 6 of 10 Terry Cunningham: Motion Jennifer Madgic: 2nd 01:20:35 Discussion • DM Cunningham will be supporting the motion as the City identified the light is necessary and there has been no public protest. • Cr. Madgic will be supporting the motion. • Cr. Coburn will be supporting the motion. • Cr. Pomeroy will be supporting the motion. • Mayor Andrus will be supporting the motion. 01:21:27 Vote on the Motion to approve Approve Commission Resolution 5333 Modification of Special Improvement Lighting District #744 for Boulder Creek Subdivision. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H.3 01:21:48 Resolution 5278 Annual Assessment for Business Improvement District (BID) for Fiscal Year 2022 Resolution_5278-BID_Assessments_FY22.pdf BID Schedule A FY22.pdf 01:21:51 Assistant City Manager Introduction 01:22:03 Staff Presentation Assistant City Manager Rosenberry presented Resolution 5278. She provided background on the Business Improvement District and the assessment this year as recommend by the Downtown Business Improvement District Board. She noted there was no public comment or protests related to this resolution. 01:23:48 Questions of Staff 01:24:52 Public Comment • There were no public comments. 01:27:20 Motion Approve Commission Resolution 5278, annual assessment for the business improvement district (BID) for the Fiscal Year 2022. Jennifer Madgic: Motion Christopher Coburn: 2nd DocuSign Envelope ID: 49A90530-FC7E-4199-9BAA-5A53FFD1117D Bozeman City Commission Meeting Minutes, October 5, 2021 Page 7 of 10 01:27:37 Discussion • Cr. Madgic will be supporting the motion. She highlighted the program is voluntary and the ways in improves downtown. • Cr. Coburn will be supporting the motion. • Cr. Pomeroy will be supporting the motion. • DM Cunningham will be supporting the motion and believes the program is an expression of collective downtown pride. • Mayor Andrus will be supporting the motion for reasons stated by her colleagues. 01:30:23 Vote on the Motion to approve Approve Commission Resolution 5278, annual assessment for the business improvement district (BID) for the Fiscal Year 2022. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H.4 01:30:46 Resolution 5281 Delinquent Water, Sewer, Stormwater, Garbage and Recycling Charges Resolution_5281_Delinquent_Utility_Accounts_FY22.pdf Schedule A-Active&Final Delinq 0921.pdf 01:30:50 Assistant City Manager Introduction 01:31:04 Staff Presentation Assistant City Manager Rosenberry presented Resolution 5281. She provided background on the collection process for delinquent utility charges. She noted four accounts that are now paid in full and will be removed from Schedule A attached to the resolution and incorporated into the motion. 01:33:42 Questions of Staff 01:39:23 Public Comment • There were no public comments. 01:41:52 Motion Approve Commission Resolution 5281 Delinquent Water, Sewer, Stormwater, Garbage, and Recycling Charges with the exceptions of recent changes noted by staff. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 01:42:25 Discussion DocuSign Envelope ID: 49A90530-FC7E-4199-9BAA-5A53FFD1117D Bozeman City Commission Meeting Minutes, October 5, 2021 Page 8 of 10 • Cr. Coburn will be supporting the motion and noted his interest in learning how low income individuals are informed on how to make payments. • Cr. Pomeroy will be supporting the motion. • DM Cunningham will be supporting the motion. • Cr. Madgic will be supporting the motion and aligned herself with the comments of her colleagues. • Mayor Andrus will be supporting the motion. 01:45:47 Vote on the Motion to approve Approve Commission Resolution 5281 Delinquent Water, Sewer, Stormwater, Garbage, and Recycling Charges with the exceptions of recent changes noted by staff. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 01:46:10 Recess • Mayor Andrus called the meeting into recess. 01:52:55 Order • Mayor Andrus called the meeting back to order. H.5 01:53:02 Resolution 5283 Delinquent Snow Removal Charges Resolution_5283_Delinquent_Snow_Removal_FY22.pdf Schedule A Delinquent Snow Removal.pdf 01:53:06 Assistant City Manager Introduction 01:53:17 Staff Presentation Assistant City Manager Rosenberry presented Resolution 5283. She provided background on snow removal in City Limits according to Bozeman Municipal Code and the collection process for delinquent accounts. She noted one account has been paid in full and will be reflected on the exhibit to the Resolution. 01:55:46 Questions of Staff 02:09:23 Public Comment • There were no public comments. DocuSign Envelope ID: 49A90530-FC7E-4199-9BAA-5A53FFD1117D Bozeman City Commission Meeting Minutes, October 5, 2021 Page 9 of 10 02:12:08 Motion Approve Commission Resolution 5283 Delinquent Snow Removal Charges except the recent payment as staff identified. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 02:12:36 Discussion • Cr. Pomeroy will be supporting the motion as the City provides the service for public safety and it is the property owners’ responsibility to pay for the service. • DM Cunningham will be supporting the motion and noted making arrangements for the coming winter. • Cr. Madgic will be supporting the motion. She noted a citizen suggestion that the City take on snow removal for a fee. She also noted the freeze/thaw that makes it difficult to remove ice. • Cr. Coburn agreed with his colleagues. He is curious how Bozeman compares to other municipalities in regards to the amount of money charged for removal. • Mayor Andrus will be supporting the motion. She noted the City does it's best to pick the lowest bid, but there are not many choices. 02:22:35 Vote on the Motion to approve Approve Commission Resolution 5283 Delinquent Snow Removal Charges except the recent payment as staff identified. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I) 02:23:00 FYI / Discussion J) 02:23:09 Adjournment ___________________________________ Cynthia L. Andrus Mayor DocuSign Envelope ID: 49A90530-FC7E-4199-9BAA-5A53FFD1117D Bozeman City Commission Meeting Minutes, October 5, 2021 Page 10 of 10 ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Jesse DiTommaso Deputy City Clerk Approved on: October 26, 2021 DocuSign Envelope ID: 49A90530-FC7E-4199-9BAA-5A53FFD1117D