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Home My WebLink About03-08-22 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, March 8, 2022 Page 1 of 9 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES March 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) 00:09:28 Call to Order - 6:00 PM - Via WebEx Video Conference B) 00:12:35 Pledge of Allegiance and a Moment of Silence C) 00:14:03 Changes to the Agenda • There were no changes to the agenda. D) 00:14:13 FYI • Mayor Andrus reminded everyone that the first in-person meeting will be March 22. She specifically thanked Tom Londe and Scott McMahan and the rest of the IT Department to assist in the remote meetings. • CM Mihelich addressed comments related to the Canyon Gate project that identified a discrepancy between the Commission action and the specific Ordinance and Annexation Agreement. Staff are reviewing those discrepancies and will bring corrected documents back to the Commission for approval. E) 00:16:04 Commission Disclosures • There were no Commission disclosures. F) 00:16:13 Consent F.1 Accounts Payable Claims Review and Approval F.2 Formal Cancellation of the March 15, 2022 Regular City Commission Meeting F.3 Authorize the City Manager to Sign an Irrevocable Offer of Dedication with Montana State University for MSU Innovation Campus (21304) DocuSign Envelope ID: 09020FC9-345D-4A9E-A9E5-994DD3138B85 Bozeman City Commission Meeting Minutes, March 8, 2022 Page 2 of 9 Conditional Irrevocable Offer of Dedication F.4 Authorize the City Manager to Sign a Release and Reconveyance of Easements and Storm Water and Access Easement and Public Utility Easement and Access Drive Maintenance and Repair Located in City of Bozeman Street – North of Nelson Meadows Subdivision with Stella Fria, LLC for the Bronken Warehouse Project (21389) Public Utility Easement Release and Reconveyance of Easement Storm water and Access Easement. Access Drive Maintenance and Repair Located in City of Bozeman Street F.5 Authorize the City Manager to Sign Public Roadway Easements with BNSF Railway Co. for Griffin Drive 20220114_BNSF easements.pdf F.6 Authorize the City Manager to Sign Task Order #EDD21-005 with Sanderson Stewart related to the construction of Rouse Ave Lot Occupancy Counter and Solar Panel Installation URD Task Order Form EDD21-005.docx EDD21-005_SOW_Rouse_Solar_122221.pdf F.7 Ratify the Signature of the City Manager on an Agreement for Professional Employment Services with GOVTEMPSUSA, LLC GovTemps-Bozeman-InterimFinance (2-2022).pdf F.8 Resolution 5374, Intent to Vacate and Abandon a Portion of Red Wing Drive Entirely within Railroad Right of Way Adjacent to Frontage Road, Gallatin County, Montana. 20220308_Prelim Staff Report.pdf Resolution 5374 -Resolution of Intent.pdf Exhibit A.pdf Adjacent Property owners.pdf Temporary Access Plan_Redwing Drive.pdf NOTICE OF INTENT TO VACATE.pdf 00:16:13 City Manager Introduction CM Mihelich presented the highlights of the Consent Agenda. 00:16:34 Public Comment There were no public comments on the Consent Agenda. 00:18:53 Motion to approve Consent Items 1 - 8 as submitted. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:19:01 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 DocuSign Envelope ID: 09020FC9-345D-4A9E-A9E5-994DD3138B85 Bozeman City Commission Meeting Minutes, March 8, 2022 Page 3 of 9 Disapprove: None G) 00:19:23 Public Comment Mayor Andrus opened general public comments. 00:21:12 Mary Wictor, Public Comment Mary Wictor commented on the opportunity for a hybrid approach to in-person meetings as it allows more people to participate remotely, commented on the ways to access submitted public comments, and the rules related to public comments generally. 00:24:19 Marcus Fuller, Public Comment Marcus Fuller commented as a tenant of the Medical Arts building on redevelopment of the parcel and parking issues downtown, questioned the listing of condos prior to approval, the gentrification of Bozeman and the role of zoning laws. 00:27:16 Marcia Kaveney, Public Comment Marcia Kaveney commented in support of a hybrid model of meeting to allow additional participation and to thank CM Mihelich address the concerns with the Canyon Gate item, encouraged the Commission to address each item of concern with the appeal for the North Central item tonight. H) 00:30:42 Action Items H.1 00:30:50 Appeal #22005 Regarding the Conditional Approval of the North Central Master Site Plan, Application 21029, and North Central Block 4 Site Plan, Application 21165. Order United Food v. City of Bozeman Cause No. DV-19-10BX 18Oct2019.pdf Appeal 22005 Staff Report.pdf 00:32:35 Process explanation Mayor Andrus outlined the process as defined in the Unified Development Code (UDC) within Bozeman Municipal Code (BMC). 00:33:57 Staff Presentation Interim Community Development Director Anna Bentley presented the staff report into the record, presented background on the approved application, the three recommendations of staff: 1. preserve the issue of standing, 2. that the North Central Master Site Plan (MSP) approval be upheld 3. that the Ives Site Plan approval be upheld. She presented a background of the master site plan and individual building site plan approval process, past approvals within the subject area, future process prior to approval, issues outside the scope of the appeal, the timelines for both the MSP and the Ives, and the City Attorney's opinion that the issue of standing remains unclear and recommended preserving the issue to address the merits of the appeal. She presented the six issues on appeal. She summarized and briefly responded the 15 public comments received on the appeal and presented the recommended motions. 00:42:25 Questions of Staff 01:24:25 Appellant Presentation DocuSign Envelope ID: 09020FC9-345D-4A9E-A9E5-994DD3138B85 Bozeman City Commission Meeting Minutes, March 8, 2022 Page 4 of 9 John Kauffman and Brian Gallik, representing the appellants, presented the basis for the appeal; presented the grounds to deny the MSP, the authority of the Commission on appeal, the UDC sets minimum standards and the Commission can require more, Theme 2 of the Community Plan, that the majority of workers come from outside the city, parking issues, that the MSP creates the problems UDC & Community Plan seeks to prevent, and the requested relief. They reiterated the concerns of public health, safety, and welfare related to this project as the authority of the powers held by the City Commission, raised the issue of aggrieved parties and standing, generalized arguments against the project as more than whether the application met check boxes by letter. 01:40:05 Questions of Appellants 02:10:44 Recess Mayor Andrus called the meeting into recess. 02:16:43 Call to Order Mayor Andrus called the meeting back to order. 02:16:44 Landowner Presentation Andy Holloran and Charley Franklin, SMA Architecture, presented the landowner perspective, presented the basis for the MSP, and the reliance on the City's documents in planning projects. They presented the steps taken, the partnership of staff, and the combined efforts to present the application. 02:24:22 Questions of Landowner 02:48:04 Public Comment Mayor Andrus opened this item for public comment. 02:49:23 Jennie Lee, Public comment Jennie Lee public objects to the MSP as a resident across from the project on North Tracy Ave., referenced the Neighborhood Conservation Overlay District (NCOD), the North Tracy Historic District, and policy document of implementation of the NCOD related to transitions from B-3 district to adjacent neighborhood areas. 02:53:10 Jason Cure, Public Comment Jason Cure commented in favor of the North Central MSP. 02:54:09 Kristin Fetterman, Public Comment Kristin Fetterman, property manager, commented on housing prices and referenced the restricted housing of Bridger View Redevelopment, other pricing as it relates to Adjusted Median Income (AMI) and the need for many types of housing. 02:58:11 Emily Talago, Public Comment Emily Talago commented on predictability as it relates to the NCOD and development for the benefit of the community. 03:02:17 Holly Fretwell, Public Comment Holly Fretwell commented on predictability of development and the relation of the Ives to the neighboring homes. DocuSign Envelope ID: 09020FC9-345D-4A9E-A9E5-994DD3138B85 Bozeman City Commission Meeting Minutes, March 8, 2022 Page 5 of 9 03:05:14 Bob Horne, Public Comment Bob Horne, partner with HomeBase and the North Central MSP, commented on the process to develop the MSP, that it comports with City plans, and the increase of values resulting from this development. 03:09:19 Suzanne Held, Public Comment Suzanne Held commented as an appellant and member of Northeast Neighborhood Association (NENA). 03:11:32 Craig Lee, Public Comment Craig Lee commented in opposition to the MSP advocating for a set-back between it and the neighborhood. 03:15:28 Mike Herring, Public Comment Mike Herring commented as an appellant in opposition to the MSP. 03:18:53 Cory Lawrence, Public Comment Cory Lawrence commented in opposition to the MSP and the Ives SP. 03:22:34 Jeff Krauss, Public Comment Jeff Krauss commented in opposition to the MSP with specific comments related to standing of all community members, objected to partners of the landowner commenting, and that both sides of Main Street should receive the same treatment, and advocated to stop and consider this matter and not make a decision tonight. 03:27:32 Ashley Ogle, Public Comment Ashley Ogle commented in opposition to the MSP as it will change the character of the neighborhood, commented on the bordering residential districts, the need for more parking, and the transfer of lease parking spaces. 03:31:57 Bert Getz, Public Comment Bert Getz commented on the role of zoning, the need for diverse housing, and that this project meets all the needs. 03:34:08 Karen Filipovich, Public Comment Karen Filipovich commented on the nuance needed to address a property that lies in both the Downtown Core and the NENA, and in opposition to the MSP. 03:36:43 Barbara Seabury, Public Comment Barbary Seabury commented in opposition to the MSP and the Block 4 SP. 03:40:40 Lauren Cummings, Public Comment Lauren Cummings, commented as a part owner of the MSP and the Ives, that change to a neighborhood is subjective as whether it is positive or negative. 03:44:04 Lindsay Pittard, Public Comment Lindsay Pittard commented in support of the MSP as an opportunity to develop smartly. 03:46:09 Rebuttal by Appellant DocuSign Envelope ID: 09020FC9-345D-4A9E-A9E5-994DD3138B85 Bozeman City Commission Meeting Minutes, March 8, 2022 Page 6 of 9 03:50:05 Rebuttal by Landowner 03:51:33 Clarification by Staff 03:54:50 Motion Having reviewed and considered Appeal number 22005 seeking to overturn the decision of the Interim Director of Community Development conditionally approving the North Central Master Site Plan application number 21029, including the record of review, the presentation of staff and Appellants, public comment, and all information presented, I move to preserve all defenses the City of Bozeman my assert regarding standing of Appellants to bring this appeal or their ability to raise any issue on appeal if Appellants seek judicial review. Terry Cunningham: Motion Jennifer Madgic: 2nd 03:55:45 Discussion 04:01:30 Vote on the Motion Having reviewed and considered Appeal number 22005 seeking to overturn the decision of the Interim Director of Community Development conditionally approving the North Central Master Site Plan application number 21029, including the record of review, the presentation of staff and Appellants, public comment, and all information presented, I move to preserve all defenses the City of Bozeman my assert regarding standing of Appellants to bring this appeal or their ability to raise any issue on appeal if Appellants seek judicial review. The Motion carried 4 – 1. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: Jennifer Madgic 04:01:52 Motion Having reviewed and considered Appeal number 22005 seeking to overturn the decision of the Interim Director of Community Development conditionally approving the North Central Master Site Plan application number 21029, including the record of review, the presentation of staff and Appellants, public comment, and all information presented, I move to uphold the decision of the Interim Director of Community Development reflected in her December 20, 2021 approval letter. Terry Cunningham: Motion Jennifer Madgic: 2nd 04:02:35 Meeting Extended Mayor Andrus extended the meeting until 10:15pm. 04:02:43 Discussion 04:23:45 Meeting Extended DocuSign Envelope ID: 09020FC9-345D-4A9E-A9E5-994DD3138B85 Bozeman City Commission Meeting Minutes, March 8, 2022 Page 7 of 9 Mayor Andrus extended the meeting until 10:30pm. 04:23:56 Vote on the Motion Having reviewed and considered Appeal number 22005 seeking to overturn the decision of the Interim Director of Community Development conditionally approving the North Central Master Site Plan application number 21029, including the record of review, the presentation of staff and Appellants, public comment, and all information presented, I move to uphold the decision of the Interim Director of Community Development reflected in her December 20, 2021 approval letter. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 04:24:23 Motion Having reviewed and considered Appeal number 22005 seeking to overturn the decision of the Interim Director of Community Development conditionally approving the North Central Block 4 “the Ives” application number 21165, including the record of review, the presentation of staff and Appellants, public comment, and all information presented, I move to uphold the decision of the Interim Director of Community Development reflected in her December 20, 2021 approval letter. Terry Cunningham: Motion Jennifer Madgic: 2nd 04:25:00 Discussion 04:34:31 Vote on the Motion Having reviewed and considered Appeal number 22005 seeking to overturn the decision of the Interim Director of Community Development conditionally approving the North Central Block 4 “the Ives” application number 21165, including the record of review, the presentation of staff and Appellants, public comment, and all information presented, I move to uphold the decision of the Interim Director of Community Development reflected in her December 20, 2021 approval letter. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None DocuSign Envelope ID: 09020FC9-345D-4A9E-A9E5-994DD3138B85 Bozeman City Commission Meeting Minutes, March 8, 2022 Page 8 of 9 H.2 04:35:34 Bennett Annexation and Zone Map Amendment for the Establishment of a Zoning Designation of REMU for a property Addressed at 5532 Stucky Road (Readdressed to 2650 and 2680 Bennett Blvd) and generally located approximately one- half mile west of South 19th Avenue on the south side of Stucky Road; Application 21331. 21331 Bennett Annx-ZMA CC SR.pdf 04:36:48 Motion to continue the Bennett Annexation and Zone Map Amendment to the March 22 City Commission Meeting. Jennifer Madgic: Motion Christopher Coburn: 2nd 04:37:08 Vote on the Motion to continue the Bennett Annexation and Zone Map Amendment to the March 22 City Commission Meeting. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H.3 04:37:31 Ordinance 2100, Recognizing and Designating June 19th as Juneteenth National Freedom Day, Designating June 19th as the Local Juneteenth Holiday, Replacing the Term Columbus Day with Indigenous Peoples' Day, and Designating the Friday after Thanksgiving as the Local Indigenous Peoples' Day Holiday Ord. 2100.pdf 04:37:37 Motion to continue Item H.3 to the March 22 agenda. Jennifer Madgic: Motion Christopher Coburn: 2nd 04:37:54 Vote on the Motion to continue Item H.3 to the March 22 agenda. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None DocuSign Envelope ID: 09020FC9-345D-4A9E-A9E5-994DD3138B85 Bozeman City Commission Meeting Minutes, March 8, 2022 Page 9 of 9 I) 04:38:14 FYI / Discussion • Mayor Andrus clarified that the in-person meetings will have a hybrid component for participation. • CM Mihelich clarified the process for public comments to the advisory board, and that commenters can comment multiple times in a meeting but only once on a particular item. J) 04:39:28 Adjournment ___________________________________ 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