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HomeMy WebLinkAbout11-23-21 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, November 23, 2021 Page 1 of 9 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES November 23, 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) 00:00:02 Call to Order - 6:00 PM - Via WebEx Videoconference B) 00:02:37 Pledge of Allegiance and a Moment of Silence C) 00:03:08 Changes to the Agenda • CM Mihelich noted the removal of item F2, a settlement agreement with the County. D) 00:03:35 FYI • CM Mihelich highlighted the vaccination incentive program participation numbers. He noted the winter outreach program for City streets and sidewalks. E) 00:06:12 Commission Disclosures • DM Cunningham disclosed he is the executive director of a nonprofit that has a business directly south of the property in Item I1 and I2. • Mayor Andrus disclosed she is the co-owner of business near the property in I1 and I2. F) 00:07:40 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize Mayor to Sign a Mutual Release and Settlement Agreement in Gallatin County, Montana v. City of Bozeman No. DV-20-10B SID 745 Settelment agreement.pdf ORDER ON MOTIONS FOR PARTIAL SUMMARY JUDGMENT DV-20-10B.pdf F.3 Approval of the Final Plat of The Parklands at the Village Downtown Major Subdivision to Create 10 Residential Lots from 4.77 Acres and Authorize the Community DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, November 23, 2021 Page 2 of 9 Development Director to Sign An Improvements Agreement and the City Manager to Sign A Sewer Easement 170090 Final Plat_2021.10.04.pdf Signed utility easement 10-28-2021.pdf F.4 Approval of the Final Plat for the Allison Phase 4A Major Subdivision, South 11th Avenue and Arnold Street, Project No. 21022 (Quasi-Judicial) 21022 Allison Phase 4A Final Plat Commission Memo.docx 21022 Allison Phase 4A Final Plat Memo to City Atty.docx 09282021 148-105 sheet 1.pdf 09282021 148-105 sheet 2.pdf 09282021 148-105 sheet 3.pdf 09282021 148-105 sheet 4.pdf 09282021 148-105 sheet 5.pdf 09282021 148-105 sheet 6.pdf 09282021 148-105 sheet 7.pdf F.5 Authorize the City Manager to Enter into Sub-Recipient Agreements for ARPA Household & Worker Assistance Proposal to City of Bozeman-ARPA Economic Impact Response - HRDC.pdf FPGV Grant Request to Bozeman City ARPA Funds September 2021 - Final copy.pdf MTREP ARPA Grant Application 2021.pdf WLI-MT ARPA City of Bozeman Proposal (9_29_21).pdf 00:07:42 CM Mihelich provided the highlights of the Consent Agenda. 00:09:14 Public Comment • There were no public comments on the Consent Agenda. 00:13:01 Motion Consent Items F1 and F3 through 5. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:13:18 Vote on the Motion to approve Consent Items F1 and F3 through 5. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:13:37 Public Comment • Mayor Andrus opened the meeting for general public comment. DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, November 23, 2021 Page 3 of 9 00:14:58 Ralph Zimmer, Public Comment • Ralph Zimmer commented on his experiences on the Pedestrian and Traffic Safety Committee. 00:20:52 Mary Wictor, Public Comment • Mary Wictor commented on ADUs, parking barriers, incentives. She requested the City look wider than the Clarion Report. 00:24:24 Jan Strout, Public Comment • Jan Strout commented on the Bozeman Task Force for CEDAW. 00:27:40 Lei-Anna Bertelsen, Public Comment • Lei-Anna Bertlesen commented on the Bozeman task force for CEDAW. 00:28:36 Ellie Cornish, Public Comment • Ellie Cornish commented on the Bozeman Task Force for CEDAW. H) 00:32:42 Mayoral Proclamation H.1 00:32:51 Mayor Proclamation Proclaiming Small Business Saturday I) 00:35:08 Action Items I.1 00:35:12 Mountains Walking Growth Policy Amendment, Application 21318 21318 Mountains Walking GPA SR_CityCommission.pdf 21318 Mountains Walking GPA Resolution of Intent.pdf GPA Development Review Application (Form A1) 2021_07_29.pdf GPACoverLetter_08032021.pdf GPANarrativeAndFigures_08032021.pdf GPAFutureLandUseMap_08032021.pdf GPAExhibitOfProperty_08032021.pdf 00:35:12 CM Introduction 00:35:32 Staff Presentation City Planner Lynn Hyde entered the staff report, public comment, and staff recommendation into the record. She presented the applicant property map and background of the current zoning. She highlighted the recently adopted amendments to the Growth Policy. She noted the public comments and provided the recommendations from the Planning Board and DRC. 00:47:56 Questions of Staff 01:20:44 Applicant Presentation Rory Romey of Allied Engineering provided a future land use map, site background, and long term goals. He clarified the process they are looking at for development. He presented potential configurations and DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, November 23, 2021 Page 4 of 9 considerations of the property. The owner of Mountains Walking Brewery, Gustav Dos added additional information about the future of the brewery and the neighborhood. 01:32:33 Questions of Applicant 01:41:21 Public Comment • Mayor Andrus opened the item for public comment. 01:43:08 Ken VanDeWalle, Public Comment • Ken VanDeWalle commented in opposition to both applications. 01:46:37 Edward Spotts, Public Comment • Edward Spotts commented in opposition to the application. 01:50:44 Cortnee Spear, Public Comment • Cortnee Spear commented in support of the application. 01:53:29 Karyn Carptenter, Public Comment • Karyn Carpenter commented in support of the application. 01:56:49 Susie Drukman, Public Comment • Susie Drukman commented in opposition to the application. 01:59:12 Heather Ripplinger, Public Comment • Heather Ripplinger commented in support of the application. 02:04:35 Jory Ruggiero, Public Comment • Jory Ruggiero commented in opposition to both applications. 02:08:33 David Ghicadus, Public Comment • David Ghicadus spoke in opposition to the application. 02:11:50 Motion Having reviewed and considered the application materials, public comment, Planning Board recommendation, and all the information presented, I hereby move to adopt the findings presented in the staff report for application 21318 and move to approve the Mountains Walking growth policy amendment with contingencies. Jennifer Madgic: Motion Christopher Coburn: 2nd 02:12:38 Discussion • Cr. Madgic noted concerns of changing the growth plan, as it is not that old. She noted opposition to changing the land use to community commercial without a buffer. She reviewed the criteria. • Cr. Coburn noted the track record of the property owner in the community and the goals of the City in terms of housing opportunity. DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, November 23, 2021 Page 5 of 9 • Cr. Pomeroy spoke in support of the motion and noted supporting small businesses and creatively using land. • DM Cunningham noted he believes the community needs higher density and below market rate housing. He does not view this as a large scale solution. He noted concerns of changing the future land use map. He added the City needs to be comfortable with the most intensive use of the land and reservations of no buffer. • Mayor Andrus reviewed the criteria and she believes commercial community does not promote housing in the same way urban residential does. She belives the applicant can get additional housing with the current underlying land use. She found consistencies in the current zoning. 02:47:32 Vote on the Motion to approve Having reviewed and considered the application materials, public comment, Planning Board recommendation, and all the information presented, I hereby move to adopt the findings presented in the staff report for application 21318 and move to approve the Mountains Walking growth policy amendment with contingencies.. The Motion failed 2 - 3 Approve: I-Ho Pomeroy Christopher Coburn Disapprove: Cyndy Andrus Terry Cunningham Jennifer Madgic 02:48:39 Mayor Andrus called the meeting to recess. 03:00:18 Mayor Andrus called the meeting to order. I.2 03:00:23 Mountains Walking Zone Map Amendment, Application 21319 21319 Mountains Walking ZMA SR_CityCommission.pdf ZMA Development Review Application (Form A1) 2021_07_29.pdf ZMANarrativeAndFigures_08032021.pdf ZMAExhibitofProperty_08032021.pdf ZMAZoningDesignationMap_08032021.pdf 03:00:26 CM Introduction 03:00:31 Staff Presentation City Planner Lynn Hyde presented the zone map amendment. She entered the staff report, public comments, zoning recommendation, and applicant submittal. She clarified the commission needs to review the application submitted. The criteria for the parcels may be assessed separately. She noted the proposed zoning, existing neighborhood, She provided the criteria evaluation for parcel 1. She provided a separate criteria evaluation for parcel 2 in light of the GPA. She provided the height restrictions for the zoning requested and current zoning. Definition of the proposed zoning. She reviewed public comment, recommendation and formal protest. 03:12:59 Clarification of the process from Assistant City Attorney Saverud. DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, November 23, 2021 Page 6 of 9 03:13:32 Questions of Staff on Parcel 2 (south parcel). 03:15:38 Applicant Presentation Rory Romey provided background of parcel two (south parcel). 03:17:16 Questions of Applicant on parcel two. 03:17:43 Public Comment Mayor Andrus opened the meeting up for public comment on parcel two. 03:19:44 Kristin VanDeWalle, Public Comment • Kristin VanDeWalle commented on the protest procedure and on the Zoning Commission review of the property as a whole. 03:21:19 Karyn Carpenter, Public Comment • Karyn Carpenter commented on conflicts of interest. 03:23:41 Edward Spotts, Public Comment • Edward Spotts commented on the protest procedure. 03:25:02 Clarification from staff 03:38:31 Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I move to deny approval of the Mountains Walking Zone Map Amendment as it applies to Parcel Two addressed at 414 North Plumb. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 03:38:53 Discussion • Cr. Coburn will be supporting the motion due to criteria not met with the growth policy. • DM Cunningham agreed with Cr. Coburn. • Cr. Madgic had no additional comments. • Mayor Andrus had no additional comments. 03:39:49 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, and all information presented, I move to deny approval of the Mountains Walking Zone Map Amendment as it applies to Parcel Two addressed at 414 North Plumb.. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, November 23, 2021 Page 7 of 9 Disapprove: None 03:40:49 Questions of Applicant and Staff on Parcel One (North parcel) 03:47:45 Public Comment • Mayor Andrus opened the meeting for public comments on this item Parcel One. 03:49:59 Karyn Carpenter, Public Comment • Karyn Carpenter commented on conflict of interest. 03:51:12 Susie Drukman, Public Comment • Susie Drukman commented on conflict of interest. 03:52:05 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 as applied to parcel one in application 21319 and move to recommend approval of the Mountains Walking Zone Map Amendment for parcel one, addressed at 422 North Plumb with contingencies required to complete the application processing. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 03:52:38 Discussion • Cr. Coburn noted the zoning commission heard a different conversation and added he is leaning in favor of the motion as it meets the criteria and is in line with the Growth Policy. He does not find it to be spot zoning. • Cr. Pomeroy added it makes sense and adds to a walkable/bike-able community. • Cr. Cunningham is inclined to find in favor with criteria A through D being met. He spoke about public comment. He spoke about the transition between zoning districts. 03:59:32 Mayor Andrus extended the meeting to 10:20pm. • Cr. Madgic noted she believes the requested zoning makes sense to conform with community commercial mixed use and the property owners' intent. • Mayor Andrus will be supporting the motion and added she belives it brings the property into conformance with the underlying growth policy and could provide housing opportunities. 04:01:55 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 as applied to parcel one in application 21319 and move to recommend approval of the Mountains Walking Zone Map Amendment for parcel one, addressed at 422 North Plumb with contingencies required to complete the application processing.. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, November 23, 2021 Page 8 of 9 I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.3 04:02:26 FY23 - FY27 Capital Improvement Plan - Public Works Funds 04:02:31 City Manager Introduction 04:03:17 Staff Presentation Finance Director Kristin Donald presented the FY23-FY27 CIP. She introduced the public works funds, the general funds and special revenue funds, and the final adoption. She provided background on the process. She highlighted arterial & Collector and Street Impact Fee Fund, the arterial and collector revenue, street impact fee revenues, the fund plan for both arterial and collector and street impact and the shared project fee fund. She provided a map of the projects and the project fund highlights. The A&C current CIP Request, the street impact fee CIP requests. She presented the Street Maintence fee Fund, fund highlights. She reviewed the wastewater fund revenues, wastewater current CIP requests and impact fee fund, current CIP Requests. Water impact fee revenues, impact fee fund highlights, impact fee fund. 04:14:52 Meeting extended to 10:30pm. 04:15:08 Questions of Staff 04:23:17 Public Comment • Mayor Andrus opened the CIP Public Works Funds presentation for public comment. 04:24:18 Kevin Thane, Public Comment Kevin Thane commented on Schedule 3, specifically in regards to the Fowler connection. J) 04:31:13 Appointments J.1 04:31:20 Appointments to the Historic Preservation Advisory Board. 09-16-21 CAB Application - J. Anderson - new applicant.pdf 09-08-21 CAB Application - E. Darrow - new applicant.pdf 04:31:20 Public Comment There were no public comments. 04:33:05 Motion I move to appoint Elizabeth Darrow to the Bozeman Historic Preservation Advisory Board to the historic district representative position with a term expiring on June 30, 2023 and Jacey Anderson to the Bozeman Historic Preservation Advisory Board to the at-large member position with a term expiring on June 30, 2023. Christopher Coburn: Motion I-Ho Pomeroy: 2nd DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, November 23, 2021 Page 9 of 9 04:33:26 Vote on the Motion to approve I move to appoint Elizabeth Darrow to the Bozeman Historic Preservation Advisory Board to the historic district representative position with a term expiring on June 30, 2023 and Jacey Anderson to the Bozeman Historic Preservation Advisory Board to the at-large member position with a term expiring on June 30, 2023. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K) 04:33:52 FYI / Discussion L) 04:33:56 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Jesse DiTommaso Deputy City Clerk Approved on: January 4, 2022 DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF