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Home My WebLink About08-03-21 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, August 3, 2021 Page 1 of 12 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, August 3, 2021 Present: Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: Cyndy Andrus Staff Present in the Webex: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A) 00:04:14 Call to Order - 6:00 PM - WebEx Videoconference B) 00:08:41 Pledge of Allegiance and a Moment of Silence C) 00:09:17 Changes to the Agenda • There were no changes to the agenda. D) 00:09:29 Authorize Absence D.1 00:09:29 Authorize the Absence of Mayor Andrus 00:09:34 Motion to Authorize the Absence of Mayor Andrus. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 00:09:46 Vote on the Motion to Authorize the Absence of Mayor Andrus. The Motion carried 4 – 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting Minutes, August 3, 2021 Page 2 of 12 None E) 00:10:06 FYI • Cr. Madgic gave a recap of the Gallatin Regional Housing Study. • Cr. Coburn provided a reminder that Covid-19 cases continue to rise and free vaccines are still available with information on the Health Department's website; he reminded the public of the new CDC guidance to wear masks, regardless of vaccination status. • DM Cunningham stated the intent of the City Commission is to return to in-person meetings pending technology upgrades to the Commission room. • CM Mihelich provided an update on the status of the drought in the City. F) 00:14:23 Commission Disclosures • There were no disclosures. G) 00:14:37 Consent G.1 Accounts Payable Claims Review and Approval G.2 Appoint a Sub-committee of Two Commissioners to Review Pledged Securities as of June 30, 2021 Depository Bonds & Securities 0621.doc G.3 Authorize the Mayor to Sign a Findings of Fact for the Bozeman Gateway Phase 4 Major Subdivision, Application 19436 19436 Findings of Fact.pdf G.4 Approve the Ten Lot Final Plat of the South University District Phase 3, 74.88 Acres at the South East Corner of Kagy Boulevard and S. 19th Avenue, Approve the Updated Final Park Plan, and Authorize the City Manager to Sign Easements for Storm Water, Public Street, and Public Access and Authorize the Director of Community Development to Sign an Improvements Agreement, Application 21241 2021-07-23_Final Plat(SH1-3).pdf 071321 Final SUD Improvements Agreement.pdf 8-2_Subdivision Improvements Agreement OPC Estimate_06-17-21.pdf 8-5_SUD Ph3 Phasing Plan_06-17-21.pdf Waiver of right to protest SIDs-Ph3_07-22-2021.pdf 01_SUDPh3Lt1Blk1_DrainageEasement_07-22-21.pdf 02_SUDPh3Lt2Blk1_DrainageEasement_07-22-21.pdf 03_SUDPh3Lt1Blk2_DrainageEasement_07-22-21.pdf 04_SUDPh3Lt2Blk2_DrainageEasement_07-22-21.pdf SUD PH3 Public Access Easement_07-20-21.pdf SUD_PH3_utility easement_All_07-22-2021.pdf 5.4-1_Phase 3 Block 1 covenants_7-22-21.pdf 5.4-2_Phase 3 Block 2 covenants_7-22-21.pdf 5.4-3_Phase 3 Block 3 covenants_7-22-21.pdf 5.4-4_Phase 3 Block 4 covenants_7-22-21.pdf 7-1_SUDMasterParkPlanDrawing_06-17-21.pdf 7-2_Park4Ph3Improvements_06-17-21.pdf G.5 Authorize the City Manager to Sign a Sewer and Access Easement and Agreement with Bridger Peaks Holding, LLC and Saccoccia Lands, LLC for the Bozeman East Mixed Use Phase 1 & 2 Project (19231) DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting Minutes, August 3, 2021 Page 3 of 12 Sewer and Access Easement and Agreement G.6 Authorize the City Manager to Sign Temporary Construction Permits and Right-of-Way Documents with Charles Gensemer and Century Warehousing, Inc for the Griffin Drive and Manley Road Street and Stormwater Improvements Project Century Warehousing_Construction Permit.pdf Century Warehousing_ROW Agreement.pdf Gensemer_Construction Permit.pdf Gensemer_ROW Agreement.pdf G.7 Authorize the City Manager to Sign A Professional Services Agreement Between the City of Bozeman and the Downtown Bozeman Partnership for the Administration of the Downtown Business Improvement District for Fiscal Year 2022 CC Memo for COB-DBP PSA FY22 BID.docx DBP-COB PSA for Management of BID District--FY2022.pdf G.8 Authorize the City Manager to Sign A Professional Services Agreement Between the City of Bozeman and the Downtown Bozeman Partnership for the Administration of the Downtown Urban Renewal District for Fiscal Year 2022 CC Memo for COB-DBP PSA FY22 URD.docx DBP-COB PSA for Management of URD District--FY2022.pdf G.9 Authorize the City Manager to Sign a First Amendment to the Professional Services Agreement with Elkhorn Commissioning Group to Include Construction Commissioning for the Bozeman Public Safety Center First Amendment to Professional Services Agreement for Commissioning Services for the Bozeman Public Safety Center_20210803.pdf G.10 Resolution 5325 Vacate and Abandon a Portion of the Road Easement Entirely within Railroad Right of Way Adjacent to Griffin Drive Described in Book 84, Page 365, Gallatin County, Montana Exhibit A_Abandonment.pdf Resolution 5325 .docx G.11 Ordinance 2082 Provisional Adoption to Rezone 41.52 Acres in the Four Points Subdivision from R-4, Residential High Density District to R-5, Residential Mixed-Use High Density District, Application 21005 Ordinance 2082 Four Points ZMA No 21005.docx FourPoints2021ZMA_070221.pdf 00:14:45 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:15:47 Public Comment There were no public comments on the Consent Agenda. 00:18:02 Motion to approve Consent Items 1 -11 as submitted. Jennifer Madgic: Motion Christopher Coburn: 2nd 00:18:24 Vote on the Motion to approve Consent Items 1 -11 as submitted. The Motion carried 4 – 0. Approve: DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting Minutes, August 3, 2021 Page 4 of 12 Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H) 00:18:45 Public Comment DM Cunningham opened general public comments. 00:20:37 Jerry Pape, Public Comment Jerry Pape commented on behalf of RTR Holdings to give thanks to the City for the hard work to get to final plat for the South University District. I) 00:24:04 Action Items I.1 00:24:08 Resolution 5268 Establishing Tree Maintenance District Assessments for FY2022 Resolution 5268 Tree Mtc Assessments FY22.docx 00:24:52 Staff Presentation Finance Director Kristin Donald presented the Tree Maintenance District assessment for fiscal year 2022. 00:25:59 Questions of Staff 00:28:42 Public Comment DM Cunningham opened this item for public comments. 00:29:47 Emily Talago, Public Commet Emily Talago commented on her own behalf regarding the amount of work to maintain our urban forest. She commented on the assessment cap and that she would like to see it removed. 00:32:41 Jay Pape, Public Comment Jay Pape commented on the assessment cap and asked how the assessment applies to large high-rise buildings. He commented on the increase of taxes over the last 21 years. 00:36:36 Additional Questions of Staff 00:38:03 Motion to Adopt Commission Resolution No. 5268 establishing a Tree Maintenance District Assessments for FY2022, making the assessment rate $0.003692 per assessable square foot. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:38:36 Discussion DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting Minutes, August 3, 2021 Page 5 of 12 00:43:21 Vote on the Motion to Adopt Commission Resolution No. 5268 establishing a Tree Maintenance District Assessments for FY2022, making the assessment rate $0.003692 per assessable square foot. The Motion carried 4 – 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.2 00:43:40 Resolution 5269 Establishing a Six Percent Change to Arterial and Collector Street Maintenance District Assessments for FY 2022 Resolution 5269 Arterial-CollectorStreet Mtc Assessments FY22.docx 00:43:52 Staff Presentation Director Donald presented the change to the arterial and collector street maintenance district assessment. 00:45:20 Questions of Staff 00:46:38 Public Comment DM Cunningham opened this item for public comments. 00:47:50 Jay Pape, Public Comment Jay Pape commented on the condition of Ida Street and the effect for older neighborhoods. 00:50:45 Clarification of Staff 00:52:52 Motion to Adopt Commission Resolution No. 5269 Establishing a six percent change in Arterial and Collector Street Maintenance Assessments for FY 2022, making the assessment rate $0.006997 per assessable square foot. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 00:53:34 Discussion 00:55:08 Vote on the Motion to Adopt Commission Resolution No. 5269 Establishing a six percent change in Arterial and Collector Street Maintenance Assessments for FY 2022, making the assessment rate $0.006997 per assessable square foot. The Motion carried 4 – 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting Minutes, August 3, 2021 Page 6 of 12 Christopher Coburn Disapprove: None I.3 00:55:31 Resolution 5270 Establishing a Six Percent Increase to Street Maintenance District Assessments for FY 2022 Resolution 5270 Street Mtc Assessments FY22.docx 00:55:57 Staff Presentation Director Donald presented the change to the Street Maintenance District assessments. 00:57:16 Questions of Staff 00:59:54 Public Comment DM Cunningham opened this item for public comments. 01:00:45 Jay Pape, Public Comment Jay Pape commented his concern with the evaluation of the streets for improvements. He commented on the installation of utilities under Peach Street. 01:02:16 Emily Talago, Public Comment Emily Talago commented on SID's and that there are too many tools that provide inequitable allotment of resources. She commented on the perils of Tax Increment Financing. 01:06:41 Clarification of Staff 01:08:09 Motion to Adopt Commission Resolution No. 5270 establishing a six percent increase in Street Maintenance District Assessments for FY 2022, making the assessment rate $0.033113 per assessable square foot. Jennifer Madgic: Motion Christopher Coburn: 2nd 01:08:55 Discussion 01:12:06 Vote on the Motion to Adopt Commission Resolution No. 5270 establishing a six percent increase in Street Maintenance District Assessments for FY 2022, making the assessment rate $0.033113 per assessable square foot. The Motion carried 4 – 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting Minutes, August 3, 2021 Page 7 of 12 I.4 01:12:26 Resolution 5271 Establishing a 33 Percent Change to Parks and Trails Maintenance District Assessments for FY 2022 Resolution 5271 Parks Trails FY22 Assessment.docx 01:12:46 Staff Presentation Director Donald presented the changes to the Parks and Trails District Assessment. 01:14:16 Questions of Staff 01:14:56 Public Comment DM Cunningham opened this item for public comments. 01:15:58 Emily Talago, Public Comment Emily Talago commented on her own behalf asking on the difference between this District's assessment and the bond of a few years ago. 01:17:52 Staff Clarification 01:18:56 Motion to Adopt Resolution No. 5271 Establishing a 33 percent change in Parks and Trails Maintenance District Assessments for FY 2022, making the assessment rate $0.02261 per assessable square foot. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 01:19:25 Discussion 01:22:01 Vote on the Motion to Adopt Resolution No. 5271 Establishing a 33 percent change in Parks and Trails Maintenance District Assessments for FY 2022, making the assessment rate $0.02261 per assessable square foot. The Motion carried 4 – 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.5 01:22:48 University Crossing Apartments Annexation and Zone Map Amendment, Application 21152 to Annex Approximately 10,250 Square Feet and Zone it as B-2 at 2025 W. Kagy Blvd 21152 University Crossing Apartments Annexation-ZMA Staff Report CC.pdf 21152 Application Materials.pdf DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting Minutes, August 3, 2021 Page 8 of 12 01:23:28 Staff Presentation Community Development Program Manager Chris Saunders presented the application to correct a surveying error from the first time it was presented to the Commission. Manager Saunders presented the correction, the current zoning, the annexation goals and policies, the zoning criteria, the recommendations of staff and the Zoning Commission. 01:24:54 Questions of Staff 01:26:40 Application Presentation Thomas Brown, Locati Architects is available for questions. 01:27:30 Questions of Applicant 01:28:19 Public Comment DM Cunningham opened this item for public comments. 01:28:41 Terry Mann, Public Comment Terry Mann commented on the residential development around an expected B2 zoning district and the potential for parking difficulties for local businesses. 01:30:59 Evan Rainey, Public Comment Evan Rainey commented in response to the previous commenter, that the mindset of requiring masses of parking leads to sprawl. 01:33:21 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 21152 and move to approve the University Crossing Apartments Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 01:34:14 Discussion 01:36:21 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 21152 and move to approve the University Crossing Apartments Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. The Motion carried 4 – 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting Minutes, August 3, 2021 Page 9 of 12 None 01:36:56 Motion Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21152 and move to approve the University Crossing Apartments Zone Map Amendment, with contingencies required to complete the application processing. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 01:37:31 Discussion 01:38:44 Vote on the Motion Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21152 and move to approve the University Crossing Apartments Zone Map Amendment, with contingencies required to complete the application processing. The Motion carried 4 – 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 01:39:06 Meeting went into Recess DM Cunningham called the meeting into recess. 01:46:31 Meeting Reconvened DM Called the meeting back to order. I.6 01:46:37 Stockyard Properties Zone Map Amendment, Application 21102 Amending Zoning from R-4 and B-1 to REMU and B2-M on Approximately 12.2 Acres on the West Side of the Intersection of Story Mill Road and Griffin Drive 21102 Stockyard Properties ZMA Staff Report CC.pdf 21102_Application_Materials.pdf 01:47:00 Staff Presentation Program Manager Saunders presented the application. He presented the proposed zoning, the history of the property, the general area, the current zoning, the correlation to the FLUM, the zoning criteria, and the staff and Zoning Commission recommendations. 01:48:51 Questions of Staff 01:56:24 Applicant Presentation DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting Minutes, August 3, 2021 Page 10 of 12 Rob Pertzborn and Ryan Krueger, Intrinsik Architecture presented on behalf of the applicant. They presented the subject site and the surrounding proximity, the connectivity in the area, the current zoning, neighboring developments, previous proposals for the property, the 2020 Future Land Use Map, the requested zoning, the correlation of zoning and the underlying FLUM category, the application timeline, and the zoning approval criteria. 02:11:45 Questions of Applicant 02:17:45 Public Comment There were no public comments on this item. 02:20:31 Clarification of Staff 02:21:38 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 21102 and move to recommend approval of the Stockyard Properties Zone Map Amendment, with contingencies required to complete the application processing, with modification of contingency 1 replacing "annexation" with "zone map amendment." Jennifer Madgic: Motion Christopher Coburn: 2nd 02:22:47 Discussion 02:37:12 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 21102 and move to recommend approval of the Stockyard Properties Zone Map Amendment, with contingencies required to complete the application processing, with modification of contingency 1 replacing "annexation" with "zone map amendment." The Motion carried 4 – 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.7 02:37:36 Gran Cielo Subdivision Phase 2 Zone Map Amendment of the City Zoning Map on 9.01 Acres to Change from R-4 High Density Residential District to a Zoning Designation of R-5 Residential Mixed-Use High Density District, Located South of Stucky Road, West of South 27th Avenue, and north of Bennett Boulevard, Application 21095 21095 Gran Cielo Ph. 2 ZMA_staff_report CC 7-27-21.pdf 21095 Gran Cielo Ph 2 ZMA Application Materials.pdf 02:38:14 Staff Presentation DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting Minutes, August 3, 2021 Page 11 of 12 Program Manager Saunders presented the application, presented the current conditions, current zoning, FLUM designation, correlating zoning districts, the zoning criteria, and the staff and Zoning Commission recommendations. 02:40:39 Questions of Staff 02:45:31 Applicant Presentation Chris Budeski, Madison Engineering, presented on behalf of the applicant. He presented the reason for the proposed change, the current property conditions, and the site traffic study. 02:51:00 Questions of Applicant 02:52:04 Public Comment 02:55:51 Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby move to adopt the findings presented in the staff report for application 21095 and move to recommend approval of the Gran Cielo Subdivision Phase 2 Zone Map Amendment, with contingencies required to complete the application processing. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 02:56:31 Discussion 03:02:49 Vote on the Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby move to adopt the findings presented in the staff report for application 21095 and move to recommend approval of the Gran Cielo Subdivision Phase 2 Zone Map Amendment, with contingencies required to complete the application processing. The Motion carried 4 – 0. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J) Appointments K) 03:03:24 FYI / Discussion L) 03:03:30 Adjournment ___________________________________ Cynthia L. Andrus Mayor DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F Bozeman City Commission Meeting Minutes, August 3, 2021 Page 12 of 12 ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: September 28, 2021 DocuSign Envelope ID: 2E36EF87-7423-47E5-A580-7F98FC8F4B9F