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HomeMy WebLinkAbout05-04-21 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, May 4, 2021 Page 1 of 9 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, May 4, 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) 00:03:49 Call to Order - 6:00 PM - WebEx Video Conference B) 00:06:44 Pledge of Allegiance and a Moment of Silence C) 00:07:21 Changes to the Agenda • There were no changes to the agenda. D) 00:07:31 FYI • Mayor Andrus memorialized Pierre Martineau. • CM Mihelich reminded residents of the informational meeting on the Sourdough Fuels Reduction project on Thursday, May 6, at 5:30 PM. E) 00:09:39 Commission Disclosures • Cr. Pomeroy disclosed her communications with Downtown Partnership Executive Director related to Action Item 3. • Cr. Madgic disclosed her communications with Downtown Partnership. F) 00:11:16 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize the Mayor to Sign a Findings of Fact for the Bozeman Gateway PUD Major Modification, Application 20051 20051_CCReport_FOF.pdf F.3 Authorize the Mayor to Sign a Findings of Fact and Order for the South University District Phase 3 Amended Preliminary Plat and Subdivision Variance Creating 10 Lots on Approximately 75 acres, located at the South East Corner of the Intersection of Kagy Blvd and S. 19th Avenue, Application 21066 DocuSign Envelope ID: 2416C0B8-F7AD-4CCA-8AD9-D06B16D69525 Bozeman City Commission Meeting Minutes, May 4, 2021 Page 2 of 9 21066 Findings of Fact and Order.docx F.4 Authorize the City Manager to Sign a Release and Reconveyance of Easements Releasing a 20-foot Utility Easement (Document No. 2430051) to Cottonwood Project LLC for the Cottonwood Subdivision (20186) Release and Reconveyance of Easements F.5 Authorize the City Manager to sign a Release and Reconveyance of Easements releasing a 20-foot utility easement (Document No. 2430051) to Major Brands Distributing Co, Inc. for the Cottonwood Subdivision (20186) Release and Reconveyance of Easements F.6 Authorize the City Manager to Sign a Cash-in-lieu of Parkland Grant Agreement with Gallatin Valley BMX for Westlake Park Grant Agreement - GVBMX - FINAL.docx 2020 Westlake Park CILP application.pdf F.7 Authorize the City Manager to Sign a Grant Agreement for a Midtown TIF Assistance Program Grant for Aspen Professional Building (a.k.a. The Zambon Building) at N. 5th Ave. and Tamarack St. Midtown TIF assistance grant agreement-Zambon Building 4-27-2021.docx F.8 Authorize the City Manager to Sign a Professional Services Agreement with Hydro Logistics Irrigation for Irrigation System Start-up, Winterization, and Maintenance Services Irrigation Maintenance PSA Scope of Services F.9 Authorize the City Manager to Sign a Professional Services Agreement with Treasure State, Inc. for Services to Design and Construct the Bogert Park Court Renovation Project Attachment A RFP Bogert Park Court Renovation (final).pdf Attachment B Treasure State Bogert Park Court Design-Build Proposal.pdf PSA Treasure State Inc.pdf F.10 Authorize the City Manager to Sign a Professional Service Agreement with Granite Peak Hardscape and Landscape for Landscape Service at City Properties Professional Services Agreement - Granite Peaks Hardscape and Landscape - Landscape Services PSA Exhibit A Scope of Work - Granite Peak Hardscape and Landscape - Landscaping Services 4-22-21 F.11 Resolution 5294, Adopting Direction Given by the Commission for the November 2021 Election Resolution 5294 Commission Direction for November Election.docx F.12 Resolution 5302, Intent to Call a Public Hearing to Approve a Project in the Bozeman Midtown Urban Renewal District as an Urban Renewal Project and Using Tax Increment Revenues or Tax Increment Revenue Bonds to Pay, Reimburse, or Finance Eligible Costs of Such Project Resolution of Intention.v2.docx F.13 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 00:11:19 City Manager Introduction DocuSign Envelope ID: 2416C0B8-F7AD-4CCA-8AD9-D06B16D69525 Bozeman City Commission Meeting Minutes, May 4, 2021 Page 3 of 9 CM Mihelich provided the highlights of the consent agendas. 00:12:40 Public Comment There were no public comments on Consent and Consent II. 00:16:00 Motion to approve Consent Items 1 -13 as submitted. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:16:11 Vote on the Motion to approve Consent Items 1 -13 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:16:18 Consent II: Items Acted Upon Without Prior Unanimous Approval G.1 Ordinance 2069, Final Adoption of Buffalo Run Annexation Zone Map Amendment, for 20.79 Acres Located at 5400 Fowler Lane, and Establishing an Initial Zoning Designation of R-4, Residential High Density District, Application 21076 21076 Buffalo Run ZMA ord 2069.docx Initial Zoning Map 02-23-2021.pdf 00:16:29 Motion to approve G) Consent II: Items Acted Upon Without Prior Unanimous Approval Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:16:40 Vote on the Motion to approve G) Consent II: Items Acted Upon Without Prior Unanimous Approval. The Motion carried 4 – 1. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: Jennifer Madgic H) 00:16:47 Public Comment There were no general public comments. DocuSign Envelope ID: 2416C0B8-F7AD-4CCA-8AD9-D06B16D69525 Bozeman City Commission Meeting Minutes, May 4, 2021 Page 4 of 9 I) 00:20:22 Special Presentation I.1 00:20:57 Third Quarter Financial Report FY21 QTR 3 Report.pdf Finance Director Kristin Donald presented all funds expenditures, all funds revenues, General Fund expenditures, General Fund revenue, Special Revenue Building Inspection revenue, Special Revenue Community Development revenue, Impact Fees revenue and expenditures, Enterprise Funds expenditures and revenue, the COVID impacts, and where to find the report on the City's website. J) 00:28:34 Action Items J.1 00:29:06 NorthWestern Energy Glen Lake 2021 Zone Map Amendment to Amend the Zoning Map on 5.46 Acres From Public Lands and Institutions PLI to Light Manufacturing M-1 Located on the West Side of the Northernmost Extent of North Rouse Avenue North of Griffin Drive, Application 21011 21011 CC ZMA_staff_report - Glen Lake ZMA.pdf Floodplain Compliance Memo_041421.pdf 00:28:53 Staff Presentation Community Development Manager Chris Saunders entered the staff report and attachments, application materials, packet materials into the record and presented the Zone Map Amendment (ZMA) as part of the agreed land swap with the City. Manager Saunders presented the background of the land swap, the location of the road access for Glen Lake Park off of Manley Road, the subject parcel, the Future Land Use Map of the parcel, the existing zoning, the requested change, the correlated zoning with FLUM use categories, the Zoning Criteria of Evaluation, and the recommendations of staff and the Zoning Commission. 00:36:02 Questions of Staff 01:05:31 Applicant Presentation Danielle Scharf from Sanderson Stewart and Patrick Patterson from NorthWestern Energy presented for the application. Mr. Patterson presented background on their location on Griffin Drive and the background of the land exchange with the City. Ms. Scharf presented the subject properties with the proposed NWE storage yard and public access road to Glen Lake Rotary Park, and additional access to additional properties. She presented the land exchange agreement timeline and the remaining pending approvals and contingencies to the exchange agreement. She presented the ZMA criteria. 01:17:26 Questions of Applicant 01:23:36 Public Comment Mayor Andrus opened this item for public comment. 01:25:52 Ted Campbell, Public Comment Ted Campbell commented representing Bozeman Sunrise Rotary Club regarding the cooperation of the Parks & Recreation Department on the Master Plan for Glen Lake Rotary Park and the addition of NWE's efforts in creating the southern access. 01:29:49 Motion Having reviewed and considered the staff report, application materials, recommendation of the Zoning Commission, public comment, and all information presented, I hereby DocuSign Envelope ID: 2416C0B8-F7AD-4CCA-8AD9-D06B16D69525 Bozeman City Commission Meeting Minutes, May 4, 2021 Page 5 of 9 adopt the findings presented in the staff report for application 21011 and move to approve the NorthWestern Energy Glen Lake 2021 Zone Map Amendment with contingencies required to complete the application processing. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 01:30:27 Discussion Cr. Pomeroy agreed with staff's findings and will support the motion. DM Cunningham agreed with staff's findings and will support the motion. He noted the need to be sensitive to the neighbors. Cr. Madgic posed the question of what discretion staff has related to site plan review in response to the questions she raised previously. She stated her concerns to adjust the zoning without the ability to place conditions on future development. She expressed her concerns for the neighboring residents, but will support the motion. Cr. Coburn agreed with colleagues’ previous comments and the staff findings. He stated concerns for harmful industrial uses in low-income residential areas. He will support the motion. He identified potential gaps in noticing procedures. Mayor Andrus 01:45:33 Vote on the Motion Having reviewed and considered the staff report, application materials, recommendation of the Zoning Commission, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 21011 and move to approve the NorthWestern Energy Glen Lake 2021 Zone Map Amendment with contingencies required to complete the application processing. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J.2 01:45:47 The Four Points Zone Map Amendment Application to Rezone Two Existing Parcels from R-4 (Residential High Density) to R-5 (Residential Mixed-use High Density) on 36.117 acres, Application 21005 Staff report CC - Four Points ZMA No. 21005.docx Form A1 - Development Review Application 01-06-21.pdf ZMA Application Narrative 01-06-21.pdf Four Points ZMA Exhibit 01-12-21.pdf Plat 475_2.TIF 01:46:02 Staff Presentation Senior Planner Tom Rogers presented the Four Points ZMA. He presented the application subject area, the area context, the FLUM designation of the area, the correlated zoning, the area existing zoning, DocuSign Envelope ID: 2416C0B8-F7AD-4CCA-8AD9-D06B16D69525 Bozeman City Commission Meeting Minutes, May 4, 2021 Page 6 of 9 current area land use, the different intent between R-4 and R-5 zoning, the Zoning Criteria of Evaluation, the public comments received, and the recommendation of staff and the Zoning Commission. 01:54:28 Questions of Staff 02:08:54 Applicant Presentation Chris Budeski from Madison Engineering presented on behalf of the applicant. He presented the approved preliminary plat, the requested changes of the subject property, the adjacent property developments, the wetlands on the property, and the potential for mixed use designation on the properties. He presented the Zoning Commission unanimous recommendation for the request. He responded to questions posed to staff. 02:15:30 Questions of Applicant 02:18:49 Public Comment There were no public comments on this item. 02:22:02 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 21005 and move to approve the Four Points 2021 Zone Map Amendment, with contingencies required to complete the application processing. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:22:13 Discussion DM Cunningham agreed with staff findings and will support the motion. Cr. Madgic agreed with DM Cunningham and will support the motion. Cr. Coburn agreed with previous statements, staff findings, and will support the motion. Cr. Pomeroy agreed with previous statements and will support the motion. Mayor Andrus joined her colleagues and will support the motion. 02:31:50 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 21005 and move to approve the Four Points 2021 Zone Map Amendment, with contingencies required to complete the application processing. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:32:08 Recess DocuSign Envelope ID: 2416C0B8-F7AD-4CCA-8AD9-D06B16D69525 Bozeman City Commission Meeting Minutes, May 4, 2021 Page 7 of 9 Mayor Andrus called the meeting into recess. 02:32:08 Call to Order Mayor Andrus called the meeting back to order. J.3 02:32:56 T-Mobile Osborne Building Cell Site Conditional Use Permit to Allow a Height Encroachment of 3’ in the B-3 District, Application 21055 (Quasi-judicial) 21055 T-Mobile Osborne Bldg. Cell Site SR.pdf 02:33:02 Staff Presentation Assistant Planner Jacob Miller presented the application, entered the staff report, public comment, and findings into the record. He clarified an error in the staff report that the height limit in the B-3 downtown core is 55 feet. He presented the general vicinity, the reason for a Conditional Use Permit, the elevation of the proposal, the rooftop layout of the proposal, an existing photo and a simulated photo of the building from the east side, the public comment received, and the recommendation of staff. 02:37:58 Questions of Staff 02:45:34 Item Adjourned Due to inconsistencies with noticing materials and the application's subject requirements, this item was adjourned until a future date after corrected noticing. K) 02:46:13 Work Session K.1 Metropolitan Planning Organization Formation Work Session MPO White Paper.pdf Addendum A 2017_FHWA Report - MPO Staffing and Organizational Structures.pdf Addendum B 2019 Bozeman Area Labor Report.pdf 02:46:19 Staff Presentation CM Mihelich and Assistant City Attorney Kelley Rischke presented the goals for the work session, outlined the group that collaborated on the work session, and explanation of an Metropolitan Planning Organization (MPO) and its funding, the MPO federally required functions, an outline of policy and planning of an MPO, who makes up an MPO, a typical structure, current organizations that already exist to further the considerations of an MPO, who houses an MPO, MPO staffing, and potential next steps. 03:02:02 Questions of Staff 03:30:22 Public Comment Mayor Andrus opened this item for public comments. 03:32:25 Ralph Zimmer, Public Comment Ralph Zimmer commented as a member of PTSC and TCC, but spoke on his own behalf. He commented on the history of transportation planning in the Bozeman area. 03:37:12 Sunshine Ross, Public Comment Sunshine Ross, HRDC Transportation Director, commented DocuSign Envelope ID: 2416C0B8-F7AD-4CCA-8AD9-D06B16D69525 Bozeman City Commission Meeting Minutes, May 4, 2021 Page 8 of 9 03:40:42 Sean O'Callaghan, Public Comment Sean O'Callaghan, Chief Planning Officer for Gallatin County, commented that the County is standing by eager to start. 03:43:00 Discussion and Direction to Staff L) 03:47:11 Appointments L.1 03:47:13 Appointment to the Downtown Area Urban Renewal District Board (DURB) 03-22-21 CAB Application - K. Cowles, new applicant.pdf 03-23-21 CAB Application - D. Weber, new applicant.pdf 04-02-21 CAB Application - N. Wickes, new applicant.pdf 04-06-21 CAB Application - G. Kachadurian, new applicant.pdf 04-07-21 CAB Application - B. Lupher, new applicant.pdf 03:47:15 Public Comment Mayor Andrus opened this item for public comments. There were no public comments. 03:49:31 Motion I move to appoint one member, Nicholas Wickes, to the Downtown Area Urban Renewal District Board, Non-voting Position, with a term ending June 30, 2022. Jennifer Madgic: Motion Christopher Coburn: 2nd 03:50:25 Vote on the Motion I move to appoint one member, Nicholas Wickes, to the Downtown Area Urban Renewal District Board, Non-voting Position, with a term ending June 30, 2022. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None M) 03:50:31 FYI / Discussion • DM Cunningham offered congratulations to everyone that stepped up to serve and looks forward to working with the members of the school board. He noted it appeared both levies have passed. • Cr. Pomeroy noted the Board of Health meeting Wednesday morning. N) 03:51:48 Adjournment DocuSign Envelope ID: 2416C0B8-F7AD-4CCA-8AD9-D06B16D69525 Bozeman City Commission Meeting Minutes, May 4, 2021 Page 9 of 9 ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: June 8, 2021 DocuSign Envelope ID: 2416C0B8-F7AD-4CCA-8AD9-D06B16D69525