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Home My WebLink About10-19-21 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, October 19, 2021 Page 1 of 9 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES October 19, 2021 Present: Mayor Andrus, Deputy Mayor Cunningham, Cr. Pomeroy, Cr. Madgic, Cr. Coburn Staff Present in the WebEx: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Jesse DiTommaso A) 00:03:58 Call to Order - 6:00 PM - Via WebEx B) 00:04:05 Pledge of Allegiance and a Moment of Silence C) 00:04:39 Changes to the Agenda • There were no changes to the agenda. D) 00:04:51 FYI • CM Mihelich provided updates on the Sourdough Fuels Reduction Project and the Public Safety Center. E) 00:06:21 Commission Disclosures • DM Cunningham disclosed he has received several voicemails and phone calls regarding H1, the Gallatin County Rest Home Application. He has also had conversations over the years with County Commissioners about using the land for workforce housing or childcare. Those discussions were not related to zoning and none of them have taken place since the application was filed. F) 00:07:46 Consent F.1 Accounts Payable Claims Review and Approval F.2 Appoint a Sub-Committee of Two Commissioners to Review Pledged Securities as of September 30, 2021 Depository Bonds & Securities 0921.pdf F.3 Authorize the Mayor to Sign a Findings of Fact and Order for the Soper Minor Subdivision, Application 21282 21282 Soper Minor PreliminaryPlat_082521.pdf DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, October 19, 2021 Page 2 of 9 21282 Soper Minor Preliminary Plat FOF.pdf F.4 Authorize City Manager to Sign a Professional Services Agreement with Bang the Table for an Online Community Engagement Platform PSA Engagement Platform Bang the Table F.5 Resolution 5337, Intent to Create Special Improvement Lighting District #766 for Northwest Crossing Phase 1 Resolution 5337-Intent to Create SILD 766.docx SILD Exhibit A-Northwest Crossing Phase 1.pdf Exhibit B-Northwest Crossing Phase 1.pdf F.6 Resolution 5339, Intent to Create Special Improvement Lighting District #768 for Allison Phase 4A Resolution 5339-Intent to Creat SILD 768 Allison Subdivision Ph 4A).docx Exhibit A Allison Sub Ph 4A.pdf Exhibit B Allison Sub Ph 4A.pdf F.7 Resolution 5341, Intent to Create Special Improvement Lighting District #767 for Bozeman Gateway Subdivision PUD Phase 4 (West Garfield Street) Resolution5341-Intent to Creatd SILD 767 .docx Exhibit A.pdf Exhibit B.pdf F.8 Ordinance 2088, Provisionally Adopting the Gran Cielo Subdivision Phase 2 Zone Map Amendment to Change 8.552 acres from R-4, Residential High Density District to R-5, Residential Mixed Use High Density District at the Northwest Corner of the Intersection of S 27th Avenue and Bennett Boulevard, Application 21095. Ordinance 2088 Gran Cielo Phase 2 ZMA 21095.pdf GRAN CIELO ZMA MAP 10-07-21.pdf 00:07:49 CM Mihelich provided the highlights of the Consent Agenda. 00:08:58 Public Comment • There were no public comments on the Consent Agenda. 00:11:42 Motion Consent Items 1-8 as submitted. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:11:59 Vote on the Motion to approve Consent Items 1-8 as submitted. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, October 19, 2021 Page 3 of 9 G) 00:12:18 Public Comment • There were no general public comments. H) 00:16:21 Action Items H.1 00:16:22 Ordinance 2093, Provisionally Adopting the Gallatin County Rest Home Zone Map Amendment to Revise the Zoning map on 9.8 acres at 1221 Durston Road from R3 - Medium Density Residential to R4 - High Density Residential, application 21330 Ordinance 2093.pdf 21330 GC Rest Home ZMA Staff Report CC.pdf 00:16:26 CM Introduction 00:16:41 Staff Presentation Community Development Manager Chris Saunders entered the staff report, application materials, comments received to date, and the zoning commission recommendation into the record. He provided the location of the zone map amendment, the current zoning, the requested zoning, the surrounding zoning and the future land use map. He provided the background on the urban neighborhood designation. He explained the criteria and policies considered in zone map amendments and provided a summary of staff's finding in regards to the criteria. He noted the public comments and an official protest. He provided the recommended motion. 00:25:11 Questions of Staff 01:07:59 Applicant Presentation Sean O'Callaghan, Gallatin County Planning Director, Garrit McAllister, Gallatin County Long Range Planner, and County Commissioner Scott McFarlane presented the application. Sean O'Callaghan provided an aerial photos of the site and explained why the County is pursuing a zone map amendment. Garrett McAllister provided the future land use map and explained complementary uses and density as designated by an "urban neighborhood". He highlighted the infill development goal and the comprehensive plan policies that support the zone map amendment proposal. 01:19:10 Questions of applicant. 01:26:21 Public Comment 01:28:35 Deidre Lambert, Public Comment Deirdre Lambert spoke in opposition to the zone map amendment. 01:32:44 Andrew Webster, Public Comment Andrew Webster commented in opposition to the zone map amendment. 01:37:04 Jason Triantis, Public Comment Jason Triantis commented in opposition to the zone map amendment. 01:40:34 Christi & Josh Horstmann, Public Comment DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, October 19, 2021 Page 4 of 9 Christi and Josh Horstmann commented in opposition to the zone map amendment. 01:43:39 Andy Macrae, Public Comment Andy Macrae spoke in opposition to the zone map amendment. 01:44:53 Dean Schelhammer, Public comment Dean Schelhammer commented in opposition to the zone map amendment. 01:45:52 John Pribyl John Pribyl commented in opposition to the zone map amendment. 01:48:59 Brian Koenig, Public Comment Brian Koenig commented in opposition to the zone map amendment. 01:51:22 Craig Dunham, Public Comment Craig Dunham commented in opposition to the zone map amendment. 01:54:40 Aimee Spivak, Public Comment Aimee Spivak commented in opposition to the zone map amendment. 01:55:37 Frannie Moulton, Public Comment Frannie Moulton commented in opposition to the zone map amendment. 01:57:37 Stacie Coppens, Public Comment Stacie Coppens commented in opposition to the zone map amendment. 01:59:17 Laura Finley, Public Comment Laura Finley commented in opposition to the zone map amendment. 02:03:05 Clarification of applicant 02:08:56 Questions of Staff 02:13:31 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 21330 and move to provisionally adopt Ordinance 2093, the Gallatin County Rest Home Zone Map Amendment. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:14:04 Discussion • DM Cunningham noted how the application could fit into the urban neighborhood designation and fit into the City's growth policy. He agreed with all staff findings and clarified the development application process. He will be supporting the motion. DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, October 19, 2021 Page 5 of 9 • Cr. Madgic showed appreciation for the County's application and the neighborhood concerns. She explained many facets of this application that meet the growth policy. She noted concern regarding the protest and the lack of trust in the process. She disagreed with staff on F7 due to the access by way of a local street. • Cr. Coburn agreed with DM Cunningham's review of the staff report and criteria met. He noted the County is a partner who is looking to help the City achieve its housing goals. He will be supporting the motion. • Cr. Pomeroy agreed with staff's findings. She highlighted the definition of infill and emphasized the need for housing. • Mayor Andrus associated herself with the comments of her colleagues. She encouraged the commission to think about all scenarios that could happen with the application. 02:43:33 Vote on the Motion to free form 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 21330 and move to provisionally adopt Ordinance 2093, the Gallatin County Rest Home Zone Map Amendment. The Motion carried 4 - 1 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: Jennifer Madgic 02:44:12 Recess Mayor Andrus called the meeting into recess. 02:51:37 Order Mayor Andrus called the meeting to order. H.2 02:52:01 Ordinance 2084, Provisional Adoption Generally Revising Laws and Regulations Related to Marijuana and the Montana Marijuana Regulation and Taxation Act 21360 Staff Report for the Marijuana Text Amendment CC.pdf HB0701 final.pdf ORDINANCE NO 2084 10.19.21.pdf 02:52:06 CM Introduction 02:52:27 Staff Presentation Assistant City Attorney Anna Saverud presented the proposed ordinance. She provided background on Ordinance 2084 and marijuana legislation. She provided the proposed amendments to the zoning code. She noted the noticing, the zoning commission approval, the development review committee approval and public comment. She provided recommended motion language. 03:09:53 Questions of Staff DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, October 19, 2021 Page 6 of 9 03:45:16 Public Comment 03:47:16 Evan Rainey, Public Comment Evan Rainey commented on the zoning restrictions' relation to growth. 03:48:35 Ryan Saghatelian, Public Comment Ryan Saghatelian commented on the 500ft buffer from Montana State University and in support of the cap. 03:50:53 Adam Arnold, Public Comment Adam Arnold commented in support of a cap. 03:54:17 Elliott Lindsey, Public Comment Elliot Lindsey commented in support of a cap. 03:56:32 Motion Having reviewed and considered the staff report, application materials, public comment and all the information presented, I hereby adopt the findings presented in the staff report for application 21360 and move to provisionally adopt ordinance 2084. Jennifer Madgic: Motion Christopher Coburn: 2nd 03:57:01 Discussion • Cr. Madgic agreed with staff's findings. She supports removing the cap and noted the MSU and downtown buffers raise questions. • Cr. Coburn noted he does not feel it is appropriate to make a more restrictive system than the legislature. • Cr. Pomeroy will be supporting the motion. • DM Cunningham noted it is a new industry. He stated he would be inclined to vote on a motion that is less restrictive on the boundary than the state. • Mayor Andrus would support the motion as is. 04:07:27 Motion Move to amend the ordinance to anywhere where there is reference to the 500 feet from property bounds to change that in order to be in alignment with state law which is 500 feet from the entrance of those restricted places as passed by the state legislature. Christopher Coburn: Motion Jennifer Madgic: 2nd 04:08:29 Discussion on Amendment • Cr. Coburn stated it does not make sense to be more restrictive than state law and feels the amendment is what the community indicated they wanted when they voted. • Cr. Madgic will be supporting the amendment for reasons previously stated. • Cr. Pomeroy will not support the amendment. • DM Cunningham will be supporting the motion for reasons stated by Cr. Coburn. DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, October 19, 2021 Page 7 of 9 04:10:24 Vote on the Motion to amend the ordinance to anywhere where there is reference to the 500 feet from property bounds to change that in order to be in alignment with state law which is 500 feet from the entrance of those restricted places as passed by the state legislature.. The Motion carried 3 - 2 Approve: Terry Cunningham Jennifer Madgic Christopher Coburn Disapprove: Cyndy Andrus I-Ho Pomeroy 04:10:49 Vote on the Motion Having reviewed and considered the staff report, application materials, public comment and all the information presented, I hereby adopt the findings presented in the staff report for application 21360 and move to provisionally adopt ordinance 2084. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H.3 04:11:08 Resolution 5348, Establishing a License Fee for Marijuana Businesses Operating within the City of Bozeman RESOLUTION 5348.pdf 04:11:13 Mayor Andrus continued the meeting until 10:30pm. 04:11:17 CM Introduction 04:11:27 Staff Presentation Assistant City Attorney Anna Saverud presented the Resolution. She provided the recommended fee, a comparison of other fees, and provided the reason for the fee recommendation. 04:14:34 Questions of Staff 04:21:57 Public Comment There were no public comments. 04:25:28 Motion Move to approve Resolution 5348: Establishing a License Fee for Marijuana Businesses Operating within the City of Bozeman. Christopher Coburn: Motion DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, October 19, 2021 Page 8 of 9 I-Ho Pomeroy: 2nd 04:25:44 Motion to amend Resolution 5348: Establishing a License Fee for Marijuana Businesses Operating within the City of Bozeman to be revisited in 2 years from adoption to reaffirm or change the fee established in this resolution. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 04:26:02 Discussion on Amendment • Cr. Coburn noted he would like to ensure the fee is appropriate as time goes on. • Cr. Pomeroy stated it makes sense and will be supporting the motion. • DM Cunningham will be supporting the motion. • Cr. Madgic will be supporting the motion. • Mayor Andrus will be supporting the motion. 04:27:23 Vote on the Motion to amend Resolution 5348: Establishing a License Fee for Marijuana Businesses Operating within the City of Bozeman to be revisited in 2 years from adoption to reaffirm or change the fee established in this resolution. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 04:25:40 Discussion on main motion • Cr. Coburn will be supporting the motion and stated the fee makes sense given the new criteria and processes that will need to be in place. • Cr. Pomeroy will be supporting the motion for reasons stated by her colleague. • DM Cunningham will be supporting the motion. • Cr. Madgic will be supporting the motion. • Mayor Andrus will be supporting the motion. 04:28:36 Vote on the Motion to approve Move to approve Resolution 5348: Establishing a License Fee for Marijuana Businesses Operating within the City of Bozeman. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, October 19, 2021 Page 9 of 9 Disapprove: None I) 04:28:56 FYI / Discussion • Mayor Andrus noted her appreciation for the evening's discussion, particularly on action item 1. J) 04:29:23 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Jesse DiTommaso Deputy City Clerk Approved on: January 4, 2022 DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF