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HomeMy WebLinkAbout09-21-21 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, September 21, 2021 Page 1 of 10 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES September 21, 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, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Jesse DiTommaso A) 00:03:19 Call to Order - 6:00 PM - Via WebEx B) 00:03:26 Pledge of Allegiance and a Moment of Silence C) 00:03:59 Changes to the Agenda • There were no changes to the agenda. D) 00:04:12 FYI • CM Mihelich provided a drought update. He reminded the public of the vaccination incentive program and highlighted Good Neighbor Day and the City sponsored block party. E) 00:06:52 Commission Disclosures • There were no commission disclosures. F) 00:07:01 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize the City Manager to Sign a Special State Fire Assistance Subaward Agreement with the Montana Department of Natural Resources and Conservation for the Sourdough Creek Municipal Watershed Fuels Management Project DNRC Grant Subaward Agreement F.3 Ratify the City Manager's Signature on a First Amendment to the Grant Agreement for the ELM Event Venue First Amendment to Grant Agmt.ELM.docx F.4 Authorize the City Manager to Sign a Notice of Award to R&R Conner Aviation, LLC for the Phase 2 Sourdough Fuels Reduction Project, and Contract Documents Once Received DocuSign Envelope ID: 49A90530-FC7E-4199-9BAA-5A53FFD1117D Bozeman City Commission Meeting Minutes, September 21, 2021 Page 2 of 10 Bid Tab & Bid Form NOTICE OF AWARD F.5 Authorize the City Manager to Sign a Temporary Right-of-way Agreement and Temporary Construction Permit for Construction of Improvements to Story Mill Road - Parcel 3 (2511N LLC and 2332 LLC) Story Mill Road Temp ROW Agree and Temp Const Permit.pdf F.6 Authorize the City Manager to Sign a License Agreement for the Use of City Property by Headwaters Community Housing Trust and Langlas Associates, Inc. F7. License Agreement - Use of City Property - Headwaters Community Housing Trust.pdf ExhibitC_BV PARK GRADING.pdf Exhibit A_StoryMillRdLinearPark-LegalDescription.pdf F.7 Authorize the City Manager to Sign a Memorandum Of Understanding Between the City of Bozeman and Montana State University for Collaborative Coursework Projects through the Community-engaged And Transformational Scholarship (CATS) Program MOU City-MSU for CATS program 2021-2024.docx 00:07:03 City Manager Introduction • CM Mihelich provided the highlights of the consent agenda. 00:08:24 Public Comment • There were no public comments on the consent agenda. 00:11:00 Motion Consent Items 1-7 as submitted. Jennifer Madgic: Motion Christopher Coburn: 2nd 00:11:16 Vote on the Motion to approve Consent Items 1-7 as submitted. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:11:37 Public Comment • Mayor Andrus opened the meeting for general public comment. 00:14:04 Chris Omland, Public Comment • Chris Omland commented in opposition to the Canyon Gate Development proposal. DocuSign Envelope ID: 49A90530-FC7E-4199-9BAA-5A53FFD1117D Bozeman City Commission Meeting Minutes, September 21, 2021 Page 3 of 10 00:17:51 Marcia Kaveney, Public Comment • Marcia Kaveney commented in opposition to the Canyon Gate Development Proposal. She added the grass at the Legends Park has benefited from the watering restrictions. 00:21:57 Carie Omland, Public Comment • Carie Omland commented in opposition to the Canyon Gate Development proposal. 00:24:54 Chris Egnatz, Public Comment • Chris Egnatz commented in opposition to the Canyon Gate Development proposal. 00:27:51 Molly Casto, Public Comment • Molly Casto commented in opposition to the Canyon Gate Development proposal. H) 00:30:54 Action Items H.1 00:30:58 2103 Bridger Drive Annexation and Zone Map Amendment for the Establishment of a Zoning Designation of R-2 for a property Addressed at 2103 Bridger Drive, Application 21147 - continued from August 9, 2021 Development Review Application 3 28 2021.pdf Zone Map Amendment Project Narrative 3 28 2021.pdf Site Plan 3 28 2021.pdf Annexation Application Project Narrative 7 6 2021.pdf 21147 2103 Bridger Drive ZMA CC SR.pdf 00:31:03 CM Introduction 00:31:13 Staff Presentation Senior City Planner Tom Rogers entered the staff report and applicant submittal into the record. He provided a map of the area around and including 2103 Bridger Drive. He provided a summary of access and utility locations for the property. He provided the future land use designation for the area. He highlighted the zoning designation requested and the existing zoning in the area. He provided the goals and policies furthered by the request as outlined in Resolution 5076. He provided the MCA Zoning Criteria met as outlined in Sec 76-2-304. Tom Rogers reviewed the public comment and recommendations. 00:39:32 Questions of Staff 00:51:50 Applicant Presentation Kristal Jones, the owner of the property, clarified this is not a development proposal. The request for annexation and zone map amendment is due to septic tank concerns and wanting to contribute to density appropriately. 00:53:18 Questions of Applicant 00:57:59 Public Comment Mayor Andrus opened this item up for public comment. 01:00:01 Mary Wictor, Public Comment • Mary Wictor commented on the R2 zoning and lot size. DocuSign Envelope ID: 49A90530-FC7E-4199-9BAA-5A53FFD1117D Bozeman City Commission Meeting Minutes, September 21, 2021 Page 4 of 10 01:01:42 Christine Roberts, Public Comment • Christine Roberts commented on the alley way behind the property. 01:02:34 Kristen Davidson, Public Comment • Kristen Davidson commented on the alley behind the property and the proposed Canyon Gate development. 01:05:32 Carie Omland, Public Comment • Carie Omland commented on traffic, the alley way and setting precedent with R2 zoning. 01:07:37 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 21147 and move to approve the 2103 Bridger Drive Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 01:09:19 Discussion • Cr. Coburn spoke in support of the annexation as it meets City annexation goals and policies and for public health reasons. • Cr. Pomeroy agreed with Cr. Coburn and will be supporting the motion. • DM Cunningham agreed with the findings in the staff report and commented on annexation and septic tanks. • Cr. Madgic will be supporting the motion for reasons stated by her colleagues. She also commented on the half-street turning into a full street and incremental increases in density. • Mayor Andrus will be supporting this motion. 01:16:39 Vote on the Motion to approve 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 21147 and move to approve the 2103 Bridger Drive 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 01:16:59 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 DocuSign Envelope ID: 49A90530-FC7E-4199-9BAA-5A53FFD1117D Bozeman City Commission Meeting Minutes, September 21, 2021 Page 5 of 10 application 21147 and move to approve the 2103 Bridger Drive Zone Map Amendment, with contingencies required to complete the application processing. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 01:17:27 Discussion • Cr. Coburn will be supporting this motion as it is congruent with the future land use map to incrementally increase density in this area. • Cr. Pomeroy commented in support of this motion as R2 is in line with the future land use map of the area. • DM Cunningham noted R2 as compatible and will be supporting the motion. • Cr. Madgic will be supporting the motion. • Mayor Andrus will be supporting the motion and complimented the applicant for the thoughtful application. 01:20:23 Vote on the Motion to approve 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 21147 and move to approve the 2103 Bridger Drive 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 H.2 01:20:41 Soper Minor Subdivision Preliminary Plat Application for a First Minor Subdivision Requesting Permission to Subdivide 0.74 Acres into Two Lots Within the R-2 District, Application 21282 (Quasi-judicial) 21282 Soper Minor Preliminary Plat.pdf 21282 Soper Minor Preliminary Plat Staff Report.pdf 01:20:46 City Manager Introduction 01:20:59 Staff Presentation Associate Planner Nakeisha Lyon entered the staff report, applicant submittal, and public comment into the record. She presented the application background. She provided a map and description of the property as is. She outlined the zoning map and future land use map of the area around the property. She presented the preliminary plat. She reviewed the public notice period and public comments. She explained the next steps for the property owners in order to subdivide. She provided the review criteria and recommendation. She provided the recommended motion. DocuSign Envelope ID: 49A90530-FC7E-4199-9BAA-5A53FFD1117D Bozeman City Commission Meeting Minutes, September 21, 2021 Page 6 of 10 01:30:36 Questions of Staff 01:34:36 Applicant Presentation Chris Wasia with Genesis Engineering thanked the Commission and City Staff. 01:35:27 Questions of Applicant 01:39:58 Public Comment Mayor Andrus opened the item for public comment. 01:42:58 Clarification for applicant. 01:43:44 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 21282 and move to approve the Soper Minor Subdivision with conditions and subject to all applicable code provisions. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 01:44:26 Discussion • Cr. Pomeroy agreed with Staff's findings and analysis and found it met the review criteria necessary. • DM Cunningham agreed with the staff report findings and Cr. Pomeroy. He believes the zoning is compatible with the surrounding area. • Cr. Coburn will be supporting this motion for reasons stated by his colleagues. He noted the question the applicant asked highlights why it's critical to look at the code. • Mayor Andrus agreed with her colleagues and reiterated the criteria met for a first minor subdivision has been met. • Cr. Madgic will be supporting the motion. She is encouraged by the small scale projects that increase density. She highlighted the diversity of housing types in the area. 01:50:50 Vote on the Motion to approve 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 21282 and move to approve the Soper Minor 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 DocuSign Envelope ID: 49A90530-FC7E-4199-9BAA-5A53FFD1117D Bozeman City Commission Meeting Minutes, September 21, 2021 Page 7 of 10 01:51:11 Recess Mayor Andrus called the meeting into recess. 01:56:53 Order Mayor Andrus called the meeting back to order. H.3 01:56:58 The West Babcock Properties Zone Map Amendment to Rezone 3.4 Acres from B-2 to B-2M for Properties Addressed at 102 South 19th Avenue and 1716, 1736, and 1804 West Babcock Street, Application 21192 21192 19th & Bab ZMA CC Staff Report.pdf ZMA Narrative 05-05-2021.pdf A1 - 19th and Babcock Rezoning 2021-05-06.pdf EXHIBIT A - VICINITY MAP 2021-5-11.pdf EXHIBIT C - FUTURE LAND USE MAP 2021-5-11.pdf EXHIBIT D - PROPOSED ZONING 2021-5-11.pdf EXHIBIT B - EXISTING ZONING 2021-5-11.pdf Exhibit 2 - Zone Map Amendment (8.5 x 11) 05-21-2021.pdf 01:57:04 City Manager Introduction 01:57:19 Staff Presentation City Planner Tom Rogers entered the staff report and applicant submittal into the record. He summarized the application. He provided the future land use map overlay and the zoning map overlay. He provided the 76-2-304 MCA zoning criteria evaluation. He provided public comment, board recommendations and the recommended motion. 02:02:02 Questions of Staff 02:08:04 Applicant Presentation Rob Pertzborn with Intrinsik Architecture provided photos of the area, including the zoning overlay and renderings of the buildings in the application. He highlighted the future expansion of Babcock that is in the Transportation Plan. He provided a timeline of the process and the zoning criteria. 02:11:44 Questions of Applicant 02:13:04 Public Comment There were no public comments. 02:16:03 Motion Having reviewed and considered the staff report, application materials, public comment, Zoning Commission Recommendation, and all information presented, I hereby adopt the findings presented in the staff report for application 21192 and move to approve the West Babcock Properties Zone Map Amendment, with contingencies required to complete the application processing. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:16:30 Discussion DocuSign Envelope ID: 49A90530-FC7E-4199-9BAA-5A53FFD1117D Bozeman City Commission Meeting Minutes, September 21, 2021 Page 8 of 10 • DM Cunningham agreed with the bulk of the findings in the staff report. He is in agreement that most of the criteria has been met. He agreed that the spot zoning criteria was not met. He will be supporting the motion. • Cr. Madgic spoke in support of the motion for reasons stated by Deputy Mayor. She noted the zoning commission's recommendation. • Cr. Coburn spoke in support of the motion. • Cr. Pomeroy agreed with her fellow commissioners. • Mayor Andrus will also be supporting the motion. 02:22:31 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, Zoning Commission Recommendation, and all information presented, I hereby adopt the findings presented in the staff report for application 21192 and move to approve the West Babcock Properties 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 H.4 02:22:50 Resolution 5279 Annual Lighting Assessments for Fiscal Year 2022 Lighting District Resolution FY22.pdf Schedule A.pdf 02:22:54 City Manager Introduction 02:23:10 Staff Presentation Finance Director Kristin Donald provided background on lighting districts and assessments. 02:23:40 Questions of Staff 02:24:09 Public Comment There were no public comments. 02:25:46 Motion Approve Resolution 5279 for Annual Lighting Assessments for Fiscal Year 2022 Jennifer Madgic: Motion Christopher Coburn: 2nd 02:26:06 Discussion Cr. Madgic will be supporting the motion. DocuSign Envelope ID: 49A90530-FC7E-4199-9BAA-5A53FFD1117D Bozeman City Commission Meeting Minutes, September 21, 2021 Page 9 of 10 Cr. Coburn will be supporting the motion. Cr. Pomeroy will be supporting the motion. DM Cunningham will be supporting the motion. Mayor Andrus will be supporting the motion. 02:27:08 Vote on the Motion to approve Approve Resolution 5279 for Annual Lighting Assessments for Fiscal Year 2022. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I) 02:27:28 Appointments I.1 02:27:29 Appointment to the Police Commission 08-16-21 CAB Applcation - J. Drummond - Reapplicant.pdf 02:27:34 Public Comment There were no public comments. 02:29:41 Motion I move to appoint Jim Drummond to a term expiring April 30, 2024 to the Police Commission. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 02:29:56 Vote on the Motion to approve I move to appoint Jim Drummond to a term expiring April 30, 2024 to the Police Commission. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J) 02:30:19 FYI / Discussion K) 02:30:30 Adjournment DocuSign Envelope ID: 49A90530-FC7E-4199-9BAA-5A53FFD1117D Bozeman City Commission Meeting Minutes, September 21, 2021 Page 10 of 10 ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Jesse DiTommaso Deputy City Clerk Approved on: October 26, 2021 DocuSign Envelope ID: 49A90530-FC7E-4199-9BAA-5A53FFD1117D