HomeMy WebLinkAbout01-11-22 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, January 11, 2022
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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
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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:
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Bozeman City Commission Meeting Minutes, January 11, 2022
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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
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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
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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
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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
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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
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ATTEST:
___________________________________
Mike Maas
City Clerk
PREPARED BY:
___________________________________
Mike Maas
City Clerk
Approved on: February 1, 2022
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