Loading...
HomeMy WebLinkAbout07-20-21 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, July 20, 2021 Page 1 of 9 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, July 20, 2021 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Staff Present in the Webex: City Manager (CM) Jeff Mihelich, Assistant City Attorney (CA) Anna Saverud, City Clerk (CC) Mike Maas A) 00:04:43 Call to Order - 6:00 PM - WebEx Videoconference B) 00:07:32 Pledge of Allegiance and a Moment of Silence C) 00:08:07 Changes to the Agenda There were no changes to the agenda. D) 00:08:18 FYI • Mayor Andrus reminded the public about the drought situation and the need to conserve water. • Cr. Coburn reminded the public about vaccine availability from the Health Department and Bozeman Health. • CM Mihelich shared the Gallatin County's emergency temporary fire ban; he stated the City will follow suit in the coming days. CM Mihelich echoed the statement of the Mayor related to the drought declaration, provided an update on the water conservation effort, and that drought conditions are still progressing. E) 00:12:35 Commission Disclosures • DM Cunningham disclosed that he went to the Bridger Meadows site and that he was contacted by a member of the public related to the action item. • Cr. Pomeroy disclosed that she too went to the site of the Bridger Meadows application. • Cr. Madgic also visited the site. • Mayor Andrus also visited the site. • Cr. Coburn also visited the site. DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081 Bozeman City Commission Meeting Minutes, July 20, 2021 Page 2 of 9 F) 00:14:21 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize City Manger to Sign a Notice of Award with Montana Lines, Inc. for Operation and Maintenance of Decorative Lighting on Rouse Avenue from Main to Lamme CC Memo Rouse Streetscape Project.docx Notice of Award Rouse.pdf 20210702-B19-096 Recomendation to Award.pdf F.3 Authorize the City Manager to Sign a Professional Services Agreement with the Downtown Bozeman Business Improvement District for Parking Garage Cleaning Services for FY 22 PSA w DT BID for Garage Cleaning Services FY22.docx F.4 Authorize the City Manager to Sign a Professional Services Agreement with The Nest Collective to Provide Consulting and Design Services for Facilities Bond and Housing Mill Levy Education Professional Services Agreement with the Nest Collective for Consulting and Design Services for Facility Bond and Housing Levy Education.pdf F.5 Authorize the City Manager to Sign a Professional Services Agreement with Bridger Analytical Lab to Perform Specific Water Sample Analysis for the Water Treatment Plant to Maintain Compliance with DEQ and EPA Requirements Bridger Analytical PSA-Final.pdf F.6 Resolution 5321 Authorizing the City Manager to (1) Enter into a Memorandum of Understanding with the Gallatin Valley Land Trust Describing the Terms of the West Side Connections and Wayfinding Project and (2) Enter into a License Agreement with GVLT for Project-related Work Within Parks Resolution 5321 West Side TOP.docx Attachment A - GVLT West Side TOP Project - MOU.docx Attachment B - GVLT West Side TOP Project - License Agreement.docx F.7 Resolution 5322, Declaring an Emergency to Exempt the 2021 Pear Street Booster Station Water Main Repair Project from Advertisement for Bids Pursuant to Sec. 7-5- 4303 MCA and Authorizing the City Manager to Sign a Notice of Award with Duneman Construction, Inc. to Complete the 2021 Pear Street Booster Station Water Main Repair Project at a Cost of $96,910.00 as well as Contract Documents Once Received Resolution 5322_FINAL_Pear Street Booster Station Water Main Repair NoticeOfAward.docx F.8 Ordinance 2076, Final Adoption Generally Revising the Regulations of Firearms and Other Weapons in City Facilities ORDINANCE NO. 2076 Generally Revising Regulations of Firearms and Other Weapons in City Facilities Final Adoption.pdf LR-130.pdf HB 102.pdf 00:14:24 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:15:38 Public Comment There were no public comments on the Consent Agenda. 00:18:22 Motion approve Consent Items 1 - 8 as submitted. DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081 Bozeman City Commission Meeting Minutes, July 20, 2021 Page 3 of 9 I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:18:31 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 G) 00:18:51 Public Comment Mayor Andrus opened general public comment. 00:20:29 Marilee Brown, Public Comment Marilee Brown, member of the Pedestrian Traffic Safety Committee, commented on her own behalf about the MDT hearing on closing the 19th Ave. Bozeman rest area and moving it to Three Forks. The meeting will be held tomorrow virtually. 00:23:40 Nick Allevato, Public Comment Nick Allevato commented that the MDT rest stop is a non-issue. H) 00:24:21 Action Items H.1 00:24:33 Bridger Meadows Preliminary Planned Unit Development, Application 20350 (Quasi-judicial) 20350 PUD CC Staff Report.pdf 00:25:15 Discussion on Process 00:26:17 Staff Presentation Planner Sarah Rosenberg presented the applications for both Action Item 1 and 2. She entered the staff reports into the record. She presented the application as submitted, the general area surrounding the site, the layout of access routes, lots, and open spaces. She presented the PUD intent, and the requested relaxations. She presented a summary of the public noticing, public comments both in favor of and in opposition to, a summary of the action of the Design Review Board and the Planning Board. 00:46:02 Questions of Staff 01:51:25 Applicant Presentation Tom Murphy, land owner and developer, Mike Hickman, engineer, Walter Banzinger, architect, and their hydrologist presented the application. Mr. Murphy presented the reasoning for the requested relaxations, the efforts undertaken to come to this application. Mr. Hickman provided clarification on the most restrictive line presented in yellow in staff's presentation to explain the impacts and DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081 Bozeman City Commission Meeting Minutes, July 20, 2021 Page 4 of 9 modification to the floodplain, and mitigation of wetlands, as designated on the preliminary plat drawing. Mr. Hickman presented additional examples of emergency access easements in the City. Alanah Griffith, attorney for the applicant, provided a history of the property. 02:06:34 Questions of Applicant 02:36:06 Meeting went into Recess Mayor Andrus called the meeting into recess. 02:36:21 Meeting Reconvened Mayor Andrus called the meeting back to order. 02:36:22 Public Comment Mayor Andrus opened Action Items 1 and 2 for public comments. 02:41:23 Deenya Rabius, Public Comment Deenya Rabius comment as a member of the homeowners' association on Birdie Dr. and they did not give consent to an access from their private cul de sac. She expressed concern of granting six relaxations for 16 houses. 02:43:39 Jen McKeon, Public Comment Jen McKeon commented that six relations is too many for 16 houses and the hazard created by a single access that will be too close to the current trail. 02:45:04 Brian Bjella, Public Comment Brian Bjella commented in opposition to this project because six relaxations are too many and requested a buffer for current residents and the limitation of a single access. 02:47:24 Michael Rabb, Public Comment Michael Rabb, attorney representing Links Condominium Association, commented on the issues currently under pending litigation. 02:51:09 Kate McDowell, Public Comment Kate McDowell commented in opposition to the project due to flooding concerns and impact on the wetlands. She additionally commented on the traffic impacts. 02:55:07 Lilly McLane, Public Comment Lilly McLane, Restoration Director for the Gallatin Watershed Council, commented in opposition to the watercourse setback relaxation and requested relaxations to the density and minimum lot size. 02:58:13 Marcia Kaveney, Public Comment Marcia Kaveney requested a postponement of decision based on the pending litigation. She recommended the developer requesting relaxations related to lot size instead of watercourse setbacks. She commented on the concerns of parking related to ADU's. 03:02:09 Katie Dolen, Public Comment DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081 Bozeman City Commission Meeting Minutes, July 20, 2021 Page 5 of 9 Katie Dolen commented in opposition to the project because of impacts to hydrology, requested a delay until FEMA makes a determination on the pending application before them, concerns for stormwater run-off, and requested barriers between the trail and the road. 03:06:08 Brian Dolen, Public Comment Brian Dolen comment in opposition to the project and questioned what has changed to bring this back for a vote after past failures. He suggested rezoning this land. 03:08:56 Sandra Goetting, Public Comment Sandra Goetting commented in opposition to the project, noting the land was purchased with no access. 03:11:01 Cornell Wiley, Public Comment Cornell Wiley commented regarding the project's impact on quality of life due to traffic concerns and suggested a barrier between the new road and the trail. 03:13:51 Jessica Hodges, Public Comment Jessica Hodges, attorney for Golf Course Partners, commented on issues under pending litigation. 03:15:42 Emily Talago, Public Comment Emily Talago commented on the negotiation aspect of relaxations. 03:19:09 Nick Allevato, Public Comment Nick Allevato commented that previous public comments are irrelevant because they do not own the land. 03:20:30 Applicant Rebuttal 03:23:12 Staff Response 03:25:02 Follow-Up Questions from the Commission 03:51:58 Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20350 and move to approve the Bridger Meadows Planned Unit Development with relaxations numbers 1-5, subject to conditions and all applicable code provisions, including a new condition that any wetland setbacks be no less than 35 feet. Terry Cunningham: Motion Jennifer Madgic: 2nd 03:52:52 Discussion DM Cunningham made findings related to relaxations 1-5. 03:57:47 Meeting Extended Mayor Andrus extended the meeting until 10:30 pm. 03:57:57 Discussion continued DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081 Bozeman City Commission Meeting Minutes, July 20, 2021 Page 6 of 9 DM Cunningham continued his findings on relaxations 1 - 5. Given that the majority of PUD points earned in this proposal are related to the preservation of wetlands, he stated that any efforts to restrict the preservation of wetlands runs counter to the spirit of the PUD. He stated a reasonable compromise would be 35 feet setbacks from the wetlands. Cr. Madgic agreed with the findings of DM Cunningham. She stated her appreciation for the flexibility and innovation allowed by a PUD and recognized the amount of work they require, and would like to see them simpler to encourage their use. She stated her reluctance to approve relaxation number 1, a single point of access, out of a concern for health and safety. Cr. Coburn agreed with Cr. Madgic's concern related to a second point of access. He stated the application is dependent on understanding based on the past and the hope that the future will follow those assumptions. He stated it is not in best interest of public health and that he does not see the application as a superior product with an innovative design. He will not be able to support the motion. Cr. Pomeroy stated a concern for health and safety related to only one public access and proximity to the floodplain. She stated she could not support the motion. Mayor Andrus stated she does not believe the application is a superior design and there are questions of health and safety. She stated some development in the area is needed, but these relaxations are concerning due to public health and safety. She will not support the motion. 04:14:19 Vote on the Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20350 and move to approve the Bridger Meadows Planned Unit Development with relaxations numbers 1-5, subject to conditions and all applicable code provisions, including a new condition that any wetland setbacks be no less than 35 feet. The Motion failed 1 – 4. Approve: Terry Cunningham Disapprove: Cyndy Andrus I-Ho Pomeroy Jennifer Madgic Christopher Coburn H.2 04:14:50 Bridger Meadows Major Subdivision Preliminary Plat, Application 20351 (Quasi-judicial) 20351 PP CC Staff Report.pdf 04:15:08 Staff Explanation Community Development Director Marty Matsen provided explanation on the process given the vote on the PUD application. He stated the proposed application no longer complies with the underlying zoning. 04:16:37 Motion Having reviewed and considered the application materials, public comment, and all the information presented, I find that the findings in the staff report for application 20351 are not met as a result of the Commission's actions on the PUD because the proposal no longer meets the zoning requirements. Terry Cunningham: Motion Jennifer Madgic: 2nd DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081 Bozeman City Commission Meeting Minutes, July 20, 2021 Page 7 of 9 04:17:20 Discussion DM Cunningham stated without the relaxations of the PUD, he could not make a positive finding that the application meets the zoning requirement. 04:18:33 Vote on the Motion Having reviewed and considered the application materials, public comment, and all the information presented, I find that the findings in the staff report for application 20351 are not met as a result of the Commission's actions on the PUD because the proposal no longer meets the zoning requirements. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H.3 04:18:56 Bozeman Gateway Phase 4 Major Subdivision, Application 19436 (Quasi- judicial) 19436 CC Staff Report.pdf 04:20:02 Staff Presentation Planner Rosenberg presented the application and entered the staff report into the record. She presented the subject property, the project vicinity, the lots presented in the preliminary plat, the overall master site plan, a summary of noticing, public comment, and recommendation of the Planning Board and Development Review Committee. 04:23:51 Questions of Staff 04:26:57 Meeting Extended Mayor Andrus extended the meeting until 10:45. 04:27:13 Applicant Presentation Jim Ullman, from Morrison-Maierle, presented on behalf of the applicant. He presented the parking provided and the considerations of back-in parking and a potential parking structure. 04:31:31 Questions of Applicant 04:37:48 Public Comment There were no public comments on this item. 04:40:40 Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 19436 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions. DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081 Bozeman City Commission Meeting Minutes, July 20, 2021 Page 8 of 9 Jennifer Madgic: Motion Christopher Coburn: 2nd 04:41:02 Discussion Cr. Madgic expressed concern with the lack of parkland on site and the propensity of affordable housing to be developed as apartments. She encouraged a variety of housing. 04:43:57 Meeting Extended Mayor Andrus extended the meeting until 10:50 pm. 04:44:04 Discussion continued DM Cunningham asked the developer consider xeriscaping similarly to corridor to the west. Mayor Andrus agreed with comments related to drought tolerant landscaping and other ways to provide multiple units of housing besides apartments. She asked for considerations of back-in parking as a safety measure. 04:47:15 Vote on the Motion having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 19436 and move to recommend approval of the subdivision with conditions and subject to all applicable code provisions. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H.4 04:47:35 1919 Bridger Drive Annexation and Zone Map Amendment for the Establishment of a Zoning Designation of R-2 for a property Addressed at 1919 Bridger Drive, Application 21123 A1_DevelopmentReviewApplication_03-10-2021.pdf 21123 1919 Bridger Drive Annex ZMA CC SR.docx Annexation Map_03-10-2021.pdf ZMA Map_04-22-2021.pdf RC Narrative_04-22-2021.pdf N1_Adjoiners List_03-10-21.pdf 06-28-21 Public Comment - R. Watson - 1919 Bridger Drive Annexation.pdf 04:48:12 Motion to continue Action Item 4 to a date certain, July 27, 2021. Christopher Coburn: Motion I-Ho Pomeroy: 2nd DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081 Bozeman City Commission Meeting Minutes, July 20, 2021 Page 9 of 9 04:48:45 Vote on the Motion to continue Action Item 4 to a date certain, July 27, 2021. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I) 04:49:03 FYI / Discussion • DM Cunningham stated interest in learning more about the MDT decision related to the rest stop. • CM Mihelich provided clarification on the public hearing for MDT to move the rest stop. He announced the 2021 NBA Champions are the Milwaukee Bucks. J) 04:50:08 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: August 10, 2021 DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081