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HomeMy WebLinkAbout01-11-22 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, January 11, 2022 Page 1 of 8 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES January 11, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic Absent: Christopher Coburn Staff Present in the WebEx: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, and Meeting Clerk (MC) Taylor Chambers A) 00:01:55 Call to Order - 6:00 PM - WebEx Video Conference B) 00:05:21 Pledge of Allegiance and a Moment of Silence C) 00:05:49 Changes to the Agenda • Adding an Agenda Item D - Authorize Absence of Commissioner Coburn D) 00:06:13 Authorize the absence of Commissioner Coburn. 00:06:18 Motion I move to authorize the absence of Commissioner Coburn. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:06:29 Vote on the Motion I move to authorize the absence of Commissioner Coburn. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None DocuSign Envelope ID: 4A0F751A-E469-4137-A9B8-74885C53449D Bozeman City Commission Meeting Minutes, January 11, 2022 Page 2 of 8 DE) 00:07:15 Public Service Announcements DE.1 00:07:18 Introduction of Interim Community Development Director, Anna Bentley, and Public Works Utility Director, John Alston • CM Mihelich introduced John Alston as the new Public Works Utility Director. • CM Mihelich introduced Anna Bentley as the Interim Community Development Director. EF) 00:10:07 FYI • Mayor Andrus recognized HRDC for the national recognition of their Streamline Transportation Services for their outstanding service during the pandemic. • Mayor Andrus thanked Community Development Director Marty Matsen for his years of service to the community. • CM Mihelich informed the Commission that City offices will be closed for Martin Luther King, Jr. Day. FG) 00:12:55 Commission Disclosures • DM Cunningham disclosed to the Commission that there have been signs throughout the City encouraging the Commission to vote against Canyon Gate, and that it will not affect his ability to vote in a transparent manner. GH) 00:14:21 Consent GH.1 Accounts Payable Claims Review and Approval GH.2 Authorize the City Manager to Sign a Letter of Concurrence with the Findings of the MDT Speed Study for Cottonwood Road 20220111_Cottonwood Road speed study_letter.pdf 20211220_MDT_Cottonwood Road Speed Study.pdf GH.3 Authorize the City Manager to Sign a Temporary Right-Of-Way Agreement and Two Temporary Construction Permits Needed for the City to Install Improvements to Story Mill Road - Parcels 6 & 7 (Wake Up Inc.) Story Mill Temporary Right of Way Agreement.pdf Story Mill Temporary Construction Permits.pdf 00:14:24 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:14:43 Public Comment There were no public comments on the Consent Agenda. 00:16:30 Motion to approve Consent items 1 through 3 as submitted. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:16:41 Vote on the Motion to approve Consent items 1 through 3 as submitted. The Motion carried 4 – 0. Approve: DocuSign Envelope ID: 4A0F751A-E469-4137-A9B8-74885C53449D Bozeman City Commission Meeting Minutes, January 11, 2022 Page 3 of 8 Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None HI) 00:16:59 Public Comment Mayor Andrus opened General Public Comment. She informed attendees that public comment has closed for Canyon Gate and no further public comment on the manner will be considered. 00:18:51 Mary Wictor, Public Comment Mary Wictor commented on the changes for allowable apartment buildings that come about from the adoption of Ordinance 2059. 00:22:19 Emily Talago, Public Comment Emily Talago commented on the benefits and drawbacks of WebEx meetings and requested to know if there is a possibility for attendees to know how many people are present at meetings. She also expressed her gratitude towards Marty Matsen. 00:28:18 Daniel Gaugler, Public Comment Daniel Gaugler commented on the noise impact from freight trains and requested that the City Commission look in to the possibility of constructing an overpass or an underpass. 00:29:51 Evan Rainey, Public Comment Evan Rainey thanked Marty Matsen for his service to the City. 00:31:44 Chris Omland, Public Comment Chris Omland asked what the policy procedure is for the vote on Canyon Gate with Commissioner Coburn being absent. 00:33:19 Marcia Kaveney, Public Comment Marcia Kaveney commented that that B-1 zoning is underrated, that it should be utilized more frequently within the City, and the need for neighborhood businesses. 00:39:45 Betty Stroock, Public Comment Betty Stroock commented that buildings in the Story Mill Neighborhood should not be allowed to be above two stories. 00:41:00 Shawna Wade, Public Comment Shawna Wade asked Commissioners to carefully consider their decision for the action item on Canyon Gate. 00:42:48 Mark Williams, Public Comment Mark Williams commented on issues that are arising due to the train crossings. IJ) 00:45:33 Action Items DocuSign Envelope ID: 4A0F751A-E469-4137-A9B8-74885C53449D Bozeman City Commission Meeting Minutes, January 11, 2022 Page 4 of 8 IJ.1 00:45:36 Canyon Gate Annexation, Adoption of Resolution 5363, and Zone Map Amendment, Provisional Adoption of Ordinance 2099, to Annex Approximately 25.42 Acres and Establish Zoning Districts of R-3, R-5, REMU, and B-2M, Located at 980 Story Mill Road, Application 21337 21337 Canyon Gate ANNX ZMA CC SR.pdf Hinds v. COB Decision.pdf A1DevelopmentReviewApplication_08112021.pdf DRCMemoResponses_10272021.pdf RevisionandCorrectionRC.pdf Letter to City - Annexation Agreement.pdf 120821 FINAL Canyon Gate Annexation Agreement.docx.pdf 21337 Canyon Gate ANNX Resolution 5363.pdf 21337 Canyon Gate ZMA Ordinance 2099.pdf Canyon Gate Annexation Meets and Bounds 11-12-21.docx Canyon Gate ZMA 11-12-21.pdf Canyon Gate Annexation Map 11-12-21.pdf Canyon Gate Zoning Meets and Bounds 11-12-21.docx SIDWaiver_10272021.pdf ExistingOff-SiteGasPipelineEasementBk122Pg54_10272021.pdf ExistingWaterMainEasementBk17Pg29_10272021.pdf StoryMillRoadPublicStreetandUtilityEasement_10272021.pdf WaterPipelineAccessEasement_10272021.pdf 21337 Canyon Gate Comment Tracking.xlsx 00:45:56 Clarification on Process by Mayor Andrus Mayor Andrus outlined where the hearing of the project would be picked up from the previous meeting. 00:46:57 Staff Presentation CA Sullivan answered that the process for how a supermajority vote would work for the meeting with the absence of Commissioner Coburn, stating that three votes would make a supermajority. He provided clarification on the definition of contract zoning. Planner Miller provided clarification to the Commission on criteria of approval for the project, the differences of B-2M and B-1 zoning, and the noticing process in response to public comments. 00:57:57 Applicant Presentation Andy Holloran presented the Canyon Gate Annexation Proposal to the Commission and responded to public comments. 01:05:12 Questions Commissioners directed questions to staff and the applicant. 01:45:59 Meeting Recess Mayor Andrus called for a five minute break. 01:48:39 Meeting Reconvened Mayor Andrus called the meeting back to order. 01:49:10 Discussion DocuSign Envelope ID: 4A0F751A-E469-4137-A9B8-74885C53449D Bozeman City Commission Meeting Minutes, January 11, 2022 Page 5 of 8 02:07:33 Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings related to annexation presented in the staff report for application 21337 and move to approve Resolution 5363, the Canyon Gate Annexation and authorize the City Manager to sign the Canyon Gate Annexation Agreement. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 02:11:16 Motion to amend the motion to add an agreement to the annexation agreement that would limit building height to 50 feet or 4 stories throughout the entire project. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 02:12:05 Discussion on the Amendment 02:18:14 Vote on the Motion to amend the motion to add an agreement to the annexation agreement that would limit building height to 50 feet or 4 stories throughout the entire project. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None 02:18:33 Discussion on the Main Motion 02:24:43 Vote on the Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings related to annexation presented in the staff report for application 21337 and move to approve Resolution 5363, the Canyon Gate Annexation and authorize the City Manager to sign the Canyon Gate Annexation Agreement. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None DocuSign Envelope ID: 4A0F751A-E469-4137-A9B8-74885C53449D Bozeman City Commission Meeting Minutes, January 11, 2022 Page 6 of 8 02:25:52 Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings related to zoning presented in the staff report for application 21337 and move to provisionally adopt Ordinance 2099, the Canyon Gate Zone Map Amendment. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 02:26:19 Discussion on the Zoning Motion Cr. Madgic provided findings in agreement with staff's findings with particular reference to neighborhood nodes and the policy goals of the Community Plan. DM Cunningham highlighted Theme Three from the Community Plan speaking to districts within the City. He noted the well-resourced and thoughtful comments submitted from the public on this matter. He noted the importance in adhering to adopted City plans when making decisions for the next 50 year, while also balancing neighbors' concerns in the short-term. Mayor Andrus noted the requested zoning makes sense in this particular area. She noted the difficulty in building the City we want given the UDC designed around utilizing Euclidian Zoning. 02:51:17 Vote on the Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings related to zoning presented in the staff report for application 21337 and move to provisionally adopt Ordinance 2099, the Canyon Gate Zone Map Amendment. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None IJ.2 02:51:39 Continue to the January 25, 2022 Commission Meeting the Approval of a Preliminary Plat for the Park View Crossing Major Subdivision to Create 44 Residential Lots on a 7 Acre Parcel Zoned R-3, Medium-density Residential District 21158 Park View Crossing PP continuance memo 12 23 21.docx 02:52:07 Motion to Re-schedule the Park View Crossing Major Subdivision Preliminary Plat to the January 25, 2022 Commission meeting as an action item. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 02:52:52 Vote on the Motion to Re-schedule the Park View Crossing Major Subdivision Preliminary Plat to the January 25, 2022 Commission meeting as an action item. The Motion carried 4 – 0. Approve: Cyndy Andrus DocuSign Envelope ID: 4A0F751A-E469-4137-A9B8-74885C53449D Bozeman City Commission Meeting Minutes, January 11, 2022 Page 7 of 8 Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None IJ.3 02:53:10 Continue the Public Hearing of Resolution 5370 Approving a Project in the Northeast Urban Renewal District, Known as Wildlands, as an Urban Renewal Project; Making Findings with Respect Thereto and Approving the Use of Tax Increment Revenues or Tax Increment Revenue Bonds to Reimburse Eligible Costs Thereof and Approving a Related Development Agreement to January 25, 2022 02:53:49 Motion to continue Resolution 5370 Approving a Project in the Northeast Urban Renewal District, known as Wildlands, as an Urban Renewal Project; Making Findings with Respect Thereto and Approving the Use of Tax Increment Revenues or Tax Increment Revenue Bonds to Reimburse Eligible Costs Thereof and Approving a Related Development Agreement to January 25, 2022. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:54:00 Vote on the Motion to continue Resolution 5370 Approving a Project in the Northeast Urban Renewal District, known as Wildlands, as an Urban Renewal Project; Making Findings with Respect Thereto and Approving the Use of Tax Increment Revenues or Tax Increment Revenue Bonds to Reimburse Eligible Costs Thereof and Approving a Related Development Agreement to January 25, 2022. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None JK) 02:54:20 FYI / Discussion KL) 02:54:44 Adjournment ___________________________________ Cynthia L. Andrus Mayor DocuSign Envelope ID: 4A0F751A-E469-4137-A9B8-74885C53449D Bozeman City Commission Meeting Minutes, January 11, 2022 Page 8 of 8 ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: February 1, 2022 DocuSign Envelope ID: 4A0F751A-E469-4137-A9B8-74885C53449D