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Home My WebLink About02-08-22 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, February 8, 2022 Page 1 of 9 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES February 8, 2022 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) 00:01:26 Call to Order - 6:00 PM - Webex Videoconference B) 00:04:54 Pledge of Allegiance and a Moment of Silence C) 00:05:23 Changes to the Agenda • CM Mihelich noted the removal of F.11 from the Consent Agenda, and H.2 be continued to April 5, 2022. D) 00:06:00 FYI • CM Mihelich noted the Bozeman Yellowstone Airport had more than double the boardings as any other airport in Montana at over 900,000 last year and the City of Bozeman has won the Bob Worthington Risk Management Award. E) 00:07:47 Commission Disclosures F) 00:08:03 Consent F.1 Accounts Payable Claims Review and Approval F.2 Appoint a sub-committee of two commissioners to review pledged securities as of December 31, 2021 Depository Bonds & Securities 1221.pdf F.3 Authorize the City Manager to Sign two Drainage Easements and two Release and Reconveyance of Easements with Carl and Sue Olsen for the Olsen – Rostad Subdivision Exemption, Application 21317 Drainage Easement Lot 14A Drainage Easement Lot 15A DocuSign Envelope ID: 09020FC9-345D-4A9E-A9E5-994DD3138B85 Bozeman City Commission Meeting Minutes, February 8, 2022 Page 2 of 9 Release and Reconveyance of Easement Lot 14 Release and Reconveyance of Easement Lot 15 F.4 Authorize the City Manager to Sign a Utility Easement with 302 Partners LLC for N 3rd Duplexes Site Plan (21204) Utility Easement F.5 Authorize the City Manager to Sign a Drainage Easement with Montana State University Innovation Campus C/O MSU Alumni Foundation for the Industry Bozeman (21304) Drainage Easement F.6 Authorize the City Manager to Sign the Stormwater Annual Report, Memorandum of Understanding with MSU, and Change of Stormwater Coordinator Forms MS4 stormwater MOU.pdf COB 2021 stormwater annual report.pdf Change of Storm Water Coordinator 2022.pdf F.7 Authorize the City Manager to Sign a Contract for General Contractor / Construction Manager Services for the Relocation of Fire Station 2 1 - Contract between City and GCCM.docx 2 - Pre-Construction Services Conditions.docx 3 - General Conditions.docx 4 - Nondiscrimination and Equal Pay Affirmation.docx 5 - Fire Station #2 Relocation GC-CM RFQ-RFP.pdf 6 - Martel Proposal.pdf F.8 Authorize City Manager to Sign a Professional Service Agreement with Morrison Maierle for Structural Assessments at Lindley Center and the Swim Center Professional Service Agreement Professional Services Agreement - Morrison Mairle - Lindley & Swim Center Structural Assessments.pdf F.9 Authorize the City Manager to Sign a First Amendment to the Professional Services Agreement with Advantage Spraying Services, Inc. for Landscape Maintenance Services in the Parks and Trails District Attachment A PSA Amendment 1 Advantage Spraying Services Inc.pdf Attachment B PSA Advantage Spraying Services Inc..pdf F.10 Authorize the City Manager to Sign a First Amendment to the Professional Services Agreement with Hydro Logistics Irrigation LLC. for Irrigation Maintenance Services in the Parks and Trails District Attachment A PSA Amendment 1 Hydro Logistics Irrigation LLC..pdf Attachment B PSA Hydro Logistics Irrigation LLC..pdf F.11 Authorize the City Manager to Sign Task Order 2 with Walker Consultants for On-going Services Related to the Parking Term Contract and Paid Parking Implementation 20220202_City of Bozeman Parking Technology Procurement Proposal.pdf F.12 Resolution 5373 Authorizing the City Manager to Enter into a Memorandum of Understanding with the Gallatin Alliance for Pathways for the Frontage Pathway Trails, Open Space, and Parks Bond Project Resolution 5373 Frontage Pathway MOU.docx Resolution 5373 Attachment A MOU.docx F.13 Ordinance 2097, Provisional Adoption to Rezone 1.25 Acres from M-1, Light Industrial, to B-2M, Community Business District-Mixed, Application 21319, Property Located on the South Corner of E Avocado Street and Plum Avenue Ordinance 2097, Mountains Walking ZMA 21319 FINAL.pdf DocuSign Envelope ID: 09020FC9-345D-4A9E-A9E5-994DD3138B85 Bozeman City Commission Meeting Minutes, February 8, 2022 Page 3 of 9 Mountain Walking Zone Map 24x36 2021_12_21.pdf 21319 Mountains Walking Legal Description.pdf 00:08:13 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:09:36 Public Comment There were no public comments on the Consent Agenda. 00:11:49 Motion to approve Consent items 1-10, 12-13 as submitted. Jennifer Madgic: Motion Christopher Coburn: 2nd 00:12:02 Vote on the Motion to approve Consent items 1-10, 12-13 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:12:21 Public Comment Mayor Andrus opened general public comment. 00:14:36 Ralph Zimmer, Public Comment Ralph Zimmer commented that he is grateful for the approval of Consent Item F.12, provided a history on the TOP Bond grant approval, and that the project can begin in more detail; he commented on the importance of the project. H) 00:17:56 Action Items H.1 00:17:56 2021 W. Lamme Street Zone Map Amendment to Amend the Zoning Map from R-4 High Density Residential to B-3 Downtown Business District on 0.98 Acres Located at 217 W Lamme Street, 215 W Lamme Street and 216 N 3rd Avenue, Application 21356 21356 Lamme St ZMA Staff Report CC.pdf 00:18:22 Staff Presentation Community Development Program Manager Chris Saunders entered the staff report, all application materials, and the public comment into the record. He presented a overview of the application, the Future Land Use Map (FLUM) designation, existing zoning in the area, the proposed amendment area, the Montana Code Annotated (MCA) Zoning Criteria of Evaluation, addressed issues raised in public DocuSign Envelope ID: 09020FC9-345D-4A9E-A9E5-994DD3138B85 Bozeman City Commission Meeting Minutes, February 8, 2022 Page 4 of 9 comments related to the MCA criteria, the implementing districts within the Traditional Core FLUM designation, the findings related to spot zoning, the evaluation based upon public comments, and the recommendations. 00:26:39 Questions of Staff 00:45:02 Applicant Presentation Ben Lloyd, Comma Q & Hennbery Eddy Architects, presented the application to align zoning with the FLUM, highlighted the change of designation as part of the Growth Policy, and that it is owner driven to make the Zone Map Amendment and not a process that all happens at the same time. 00:47:51 Questions of Applicant 00:54:45 Public Comment Mayor Andrus opened this item for public comments. 00:56:18 Jerry Dimarco, Public Comment Jerry DiMarco commented his concerns on affordable housing, the impact on neighboring property values that pushes housing out of the realm of affordability, that there is a systemic bias against preserving affordable housing, wondered if the City is replacing lost affordable housing, and commented that the process is unfair against those opposed to the amendment because all effected owners were not notified of the changes to the FLUM. 01:01:07 Amy Hoitsma, Public Comment Amy Hoitsma commented on the Chronicle's editorial statements on downtown development, on the mass and development that will occur, the lack of tools for the City to slow development, that there is no reason the City needs to rezone this property, and the need of housing to preserve neighborhoods. 01:05:05 Daniel Carty, Public Comment Daniel Carty commented that the concept should be "do no harm" regardless of the overall planning documents, and the potential harm as a neighbor across the street if built to maximum height. 01:06:40 Karen Filipovich, Public Comment Karen Filipovich commented the Commission has to consider maximum buildout for the zoning, concerns of the street loading, highlighting the Grand and Lamme intersection, and requested leaving it as R-4. 01:09:58 Brian Gallik, Public Comment Brian Gallik commented on his written public comments, the policies of destruction of neighborhoods, the misuse of the Growth Policy, noticing requirements, that it is not the Commission's duty to maximize profits for developers, the cumulative look of all development on downtown, and the effort made to notice the community about the Growth Policy. 01:14:31 Emily Talago, Public Comment Emily Talago commented to consider the current needs of the community, the housing crisis, walkability for services employees, and the need for housing for individuals that work the businesses and services. 01:17:37 Additional Commission Questions DocuSign Envelope ID: 09020FC9-345D-4A9E-A9E5-994DD3138B85 Bozeman City Commission Meeting Minutes, February 8, 2022 Page 5 of 9 01:21:36 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 21356 and move to recommend approval of the 2021 W. Lamme Street Zone Map Amendment, with contingencies required to complete the application processing. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 01:21:59 Discussion Cr. Coburn stated he was unsure on the best path forward with regards to changing the zoning or the FLUM designation. Cr. Pomeroy will not support the motion. DM Cunningham adopted findings in favor of the motion, that the current zoning is not in accordance with the FLUM, recounted the process and purpose of adopting a Growth Policy, how the FLUM is modified, the use of streets as a transition or buffer between zones, that the Growth Policy is a signal to the community, that developers bring projects based on their interpretation of what the plan says, that the Commission cannot dictate pricing and listed the tools available to the City, and the influence of affordability through zoning. He agreed with staff's findings and will support the motion. Cr. Madgic stated that the FLUM is aspirational, the Growth Policy is not a regulatory document, the property is at the edge of the Downtown Core and the residential areas, referenced the Downtown Management plan that the care should be taken to the area, noted the changed circumstances since the work on the FLUM and adoption of the Growth Policy, agreed with comments related to housing, identified criterion K and noted the more residential is need in the downtown core, that a split block can be compatible, and highlighted goals from the Growth Policy as reasons to retain R-4 zoning. Mayor Andrus stated the adopted Downtown Plan and Growth Policy can be pointed to for support of the ZMA, that change can happen quicker than anticipated and is occurring everywhere, agreed with staff's findings that it meets criteria, that systems are in place to ensure that a development will comport with the requirements, that the City lacks control over the pricing of a developed project, that it makes sense to expand downtown as laid out in Downtown Plan and Growth Policy, and will support the motion. Cr. Coburn stated that this application is in accordance with the Growth Policy, the complication of two different zoning designations without a street in between them, while not regulatory in nature the FLUM is important to let the community know we are going to stand on the document to make changes in the community, that the application meets the required criteria, and agreed that the hope is to get affordable housing, but that the City lacks agency in that matter outside of higher density and more intense use. He noted that Short Term Rentals are a concern and that is why the Commission made review of that issue a priority. He will support the motion. Cr. Madgic commented on the value of predictability in planning. Cr. Pomeroy elaborated on why she changed her mind and noted the lack of control in pricing downtown. 01:59:49 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 21356 and move to recommend approval of the 2021 W. Lamme Street Zone Map Amendment, with contingencies required to complete the application processing. The Motion carried 3 – 2. DocuSign Envelope ID: 09020FC9-345D-4A9E-A9E5-994DD3138B85 Bozeman City Commission Meeting Minutes, February 8, 2022 Page 6 of 9 Approve: Cyndy Andrus Terry Cunningham Christopher Coburn Disapprove: I-Ho Pomeroy Jennifer Madgic 02:00:11 Recess Mayor Andrus called the meeting into recess. 02:00:45 Call to Order Mayor Andrus called the meeting back to order. H.2 02:00:43 Riverside Annexation and Zone Map Amendment Establishing Initial Zoning of R-1, Residential Low Density, R-2, Residential Moderate Density, and R-4 Residential High Density on Approximately 57.5 Acres Located North of the E. Gallatin River and on Either Side of Spring Hill Road, Application 21-426 21426 Riverside Properties Annx-ZMA SR CC final.pdf Resolution 5355 Riverside Annexation final.pdf Resolution 5355 Exhibits A&B.pdf Riverside Annexation Extension of Servcies Plan 1.28.2022 21426.pdf Ordinance 2096 Riverside ZMA 21426.pdf Ordinance 2096 Zoning Exhibit Map.pdf 02:01:17 Motion the Riverside Annexation and Zone Map Amendment to April 5, 2022. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 02:01:36 Vote on the Motion to continue the Riverside Annexation and Zone Map Amendment to April 5, 2022. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H.3 02:01:58 Billings Clinic Annexation and Zone Map Amendment Requesting 4.239 Acres of B-2 Zoning, Located Southeast of the Intersection of Davis Lane and Westlake Road, Application 20132 20132 Billings Clinic ANNX ZMA CC SR.pdf DocuSign Envelope ID: 09020FC9-345D-4A9E-A9E5-994DD3138B85 Bozeman City Commission Meeting Minutes, February 8, 2022 Page 7 of 9 20132 Billings Clinic ANNX Post Notice Revised.pdf Comment_ResponseLetter_090221.pdf Doc_2716624_Public_Street_Esmt.pdf Doc_2716625_Utility_Esmt.pdf SID_Waiver_NotSigned_090121.pdf Annexation_Zoning_Updated_090121.pdf BillingsClinic_RC.pdf CILWR_Email_083121.pdf ZMA_Exhibit_090121.pdf AnnexationMap__090121.pdf 02:02:10 Staff Presentation Associate Planner Jacob Miller entered the staff report, all application materials, and public comment into the record. He presented the application, the subject property location, the FLUM designation, nearby City zoning, adjacent City infrastructure, the proposed zoning districts, the subject property's relation to the current Master Site Plan for the Billings Clinic campus, the development application process, the annexation goals and policies from Resolution 5076, the MCA Zoning Criteria, the spot zoning criteria, and the recommendations. 02:08:09 Questions of Staff 02:16:09 Applicant Presentation Lauren Waterton and Pat Davies, Sanderson Stewart, and Mitch Goplen, Billings Clinic, appeared on behalf of the applicant, presented that they agreed with the staff report and conditions, the intent behind the application, the general overview of site as it relates to the existing campus, the and the watercourse on the property. 02:20:51 Questions of Applicant 02:24:07 Public Comment Mayor Andrus opened this item for public comments. 02:25:31 Marilee Brown, Public Comment Marilee Brown, Safer Bozeman, commented on the set-back along Davis Lane and asked if that is enough distance for a multi-use path along that roadway. 02:27:41 Clarification of Staff 02:28:37 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 20132 and move to approve the Billings Clinic Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:29:06 Discussion DocuSign Envelope ID: 09020FC9-345D-4A9E-A9E5-994DD3138B85 Bozeman City Commission Meeting Minutes, February 8, 2022 Page 8 of 9 02:33:52 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 20132 and move to approve the Billings Clinic Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:34:15 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 20132 and move to approve the Billings Clinic Zone Map Amendment, with contingencies required to complete the application processing. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:34:43 Discussion 02:40:54 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 20132 and move to approve the Billings Clinic 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 I) 02:41:12 FYI / Discussion Mayor Andrus reminded the public of the upcoming work session on water conservation next week. J) 02:41:43 Adjournment DocuSign Envelope ID: 09020FC9-345D-4A9E-A9E5-994DD3138B85 Bozeman City Commission Meeting Minutes, February 8, 2022 Page 9 of 9 ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: April 5, 2022 DocuSign Envelope ID: 09020FC9-345D-4A9E-A9E5-994DD3138B85