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HomeMy WebLinkAbout12-21-21 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, December 21, 2021 Page 1 of 10 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES December 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, City Clerk (CC) Mike Maas A) 00:01:31 Call to Order - 6:00 PM - WebEx Videoconference B) 00:04:54 Pledge of Allegiance and a Moment of Silence C) 00:05:01 Changes to the Agenda D) 00:05:08 Public Service Announcements D.1 City of Bozeman offices will be closed Fridays, December 24 and December 31 in observance of the Christmas and New Year's Holidays, respectively. There will be no City Commission meeting on Tuesday, December 28. E) 00:05:26 FYI • DM Cunningham noted the Montana State Bobcat Football victory to play in the National Championship. F) 00:06:26 Commission Disclosures G) 00:06:37 Consent G.1 Accounts Payable Claims Review and Approval G.2 Formal Cancellation of the December 28, 2021 Regular City Commission Meeting DocuSign Envelope ID: 4A0F751A-E469-4137-A9B8-74885C53449D Bozeman City Commission Meeting Minutes, December 21, 2021 Page 2 of 10 G.3 Approve Allison Phase 4A Major Subdivision Final Plat, Located East of S. 11th Avenue and on Either Side of Arnold Street, and Authorize Staff to Complete All Documents, Project 21022 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 21022 Allison Phase 4A Final Plat Memo to City Atty.docx G.4 Authorize the City Manager to Sign a Utility Easement with Wild Peach LLC for the Wildlands Development Project (21326) Utility Easement G.5 Authorize the City Manager to Sign a Professional Services Agreement with Evan Brooks Associates for Grant Search and Grant Writing Services PSA Grant Writing Services Evan Brooks.docx G.6 Authorize the City Manager to Sign on to National Opioid Settlement with Opioid Distributors and Manufacturer Janssen Notice of Opioid Settlement - Distributors and Janssen.pdf 2021_11_26 Distributors MT MOU.pdf G.7 Resolution 5362 Amending the Metes and Bounds Description of the University Crossing Apartments Annexation, Resolution 5331 to Correct a Scrivener's Error, Application 21152 Resolution 5362 Correction - University Crossing Apts Annx 21152.pdf Affadivit of Scriveners Error.pdf G.8 Resolution 5364 Certification of Delinquent City Assessments to the County Resolution 5364-Certification of Delinquent 1st half-FY 2022.docx Delinquent Certification 120921.pdf G.9 Resolution 5366 Calling a Public Hearing to Approve a Project in the Northeast Urban Renewal District, Known as Wildlands, as an Urban Renewal Project and Using Tax Increment Revenues to Reimburse Eligible Costs of Such Project Resolution of Intention.v1.docx G.10 Resolution 5368 Adopting the Bozeman City Commission Priorities for 2022 and 2023 Resolution 5368 Adopting Commission Priorities for 2022-23.docx G.11 Resolution 5369 Appointing Special Counsel in the matter of Ethics Complaint of Daniel Zyvoloski Resolution 5369 Appointing Special Counsel for Zyvoloski Ethics Complaint.docx G.12 Ordinance 2091 Final Adoption of Update to Accessory Dwelling Unit Standards Text Amendment to Revise the Bozeman Municipal Code to Amend the Requirement That Ground Floor Accessory Dwelling Units Must Have Alley Access by Requiring That Ground Floor Accessory Dwelling Units (ADUs) Must Either Have Alley Access or a DocuSign Envelope ID: 4A0F751A-E469-4137-A9B8-74885C53449D Bozeman City Commission Meeting Minutes, December 21, 2021 Page 3 of 10 Pedestrian Connection to a Sidewalk or Adjacent Right of Way and Remove the Requirement to Provide Minimum Parking For ADUs. Revise Affected Sections to Implement the Revisions. Ordinance 2091 Update to Accessory Dwelling Unit (ADU) Standards Final Adoption Memo.pdf Ordinance 2091 Update to ADU Standards Ordinance.pdf 00:06:41 City Manager Introduction • CM Mihelich provided the highlights of the Consent Agenda. 00:08:42 Public Comment There were no public comments on the Consent Agenda. 00:11:30 Motion to approve Consent Items 1 – 12 as submitted. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:11:32 Vote on the Motion to approve Consent Items 1-12 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H) 00:11:34 Public Comment Mayor Andrus opened general public comments. 00:13:48 Jerry Pape, Public Comment Jerry Pape commented on general zoning and his opinion that it should be a generational progress. I) 00:18:55 Action Items I.1 00:19:12 Canyon Gate Annexation, Adoption of Resolution 5363, and Zone Map Amendment, Provisional Adoption of Ordinance 2099, to Annex Approximately 25.42 Acres and Establish Zoning Districts of R-3, R-5, REMU, and B-2M, Located at 980 Story Mill Road, Application 21337 21337 Canyon Gate ANNX ZMA CC SR.pdf DocuSign Envelope ID: 4A0F751A-E469-4137-A9B8-74885C53449D Bozeman City Commission Meeting Minutes, December 21, 2021 Page 4 of 10 Hinds v. COB Decision.pdf 21337 Canyon Gate ANNX Resolution 5363.pdf A1DevelopmentReviewApplication_08112021.pdf DRCMemoResponses_10272021.pdf Canyon Gate Annexation Map 11-12-21.pdf RevisionandCorrectionRC.pdf Letter to City - Annexation Agreement.pdf 21337 Canyon Gate ZMA Ordinance 2099.pdf Canyon Gate Annexation Meets and Bounds 11-12-21.docx Canyon Gate ZMA 11-12-21.pdf Canyon Gate Zoning Meets and Bounds 11-12-21.docx SIDWaiver_10272021.pdf ExistingOff-SiteGasPipelineEasementBk122Pg54_10272021.pdf ExistingWaterMainEasementBk17Pg29_10272021.pdf StoryMillRoadPublicStreetandUtilityEasement_10272021.pdf WaterPipelineAccessEasement_10272021.pdf 21337 Canyon Gate Comment Tracking.xlsx 00:19:16 Staff Presentation Planner Jacob Miller presented the application, entering the staff report, attachments, application materials, and all of the public comments into the record. He outlined the procedure for the Action Item, the purpose of the hearing, the staff review, and the action to be taken. He presented the general property details and the neighboring vicinity, the Future Land Use Map (FLUM) designation, annexation history in the area, neighboring zoning, City infrastructure in the vicinity, Capital Improvement Projects (CIP) planned in the vicinity, and the proposed zoning districts. He presented the staff analysis of this portion of the development process: the 10 annexation goals and 18 annexation policies from Resolution 5076, additional terms of annexation proposed by the landowner for workforce housing and R-5 height limitation, the 11 zoning criteria from Montana Code Annotated (MCA), implementing zoning as it relates to the FLUM, the character of the district, similar areas of zoning, the definition of compatible urban growth, the variety of uses in the area, the three spot zoning criteria, an overview of the public comment, and that the protest threshold has been met. He presented the staff recommendation and the Zoning Commission recommendation. 00:50:17 Questions of Staff 01:33:17 Applicant Presentation Christine Carlyle, Principal with SCB, presented on behalf of the applicant, presented the neighboring area, how the project comports with the Community Plan and its specific Story Mill Mixed Use District, the additional provisions of workforce housing and height restrictions, how the application matches the FLUM, the design approach goals. Bob Horne from Dodge Capital and Andy Holloran from HomeBase Partners were available for questions. DocuSign Envelope ID: 4A0F751A-E469-4137-A9B8-74885C53449D Bozeman City Commission Meeting Minutes, December 21, 2021 Page 5 of 10 01:46:27 Questions of Applicant 02:38:37 Mayor Andrus called the meeting into recess. 02:38:50 Mayor Andrus called the meeting back to order. 02:38:43 Public Comments Mayor Andrus opened this item for public comments. 02:43:39 Lisa Muir, Public Comment Lisa Muir commented on train safety and the increase of higher density causing more issues for health and safety, the character of the district, and the need for more open space. 02:45:34 Don Jackson, Public Comment Don Jackson commented in opposition to the project because new applications should be in balance with existing homes. 02:49:27 Kristin Fetterman, Public Comment Kristin Fetterman commented as a Real Estate professional and the applicant is a client, commented on the need for higher density housing as method for attainable housing. 02:52:13 Dan Kaveney, Public Comment Dan Kaveney commented in favor of annexation at lower density than requested and commented on transportation issues. 02:56:19 Triel Culver, Public Comment Triel Culver commented in favor of annexation but at lower zoning, commented on the comparison of the development of Creekside subdivision and potential commercial sizes. 02:59:20 Denise Carr, Public Comment Denise Carr commented in opposition to the zoning request. 03:00:03 Richard Bakker, Public Comment Richard Bakker commented on safety issues of at-grade railroad crossings quoting from the Pole Yard Urban Renewal Plan and opposition to the proposal. 03:03:39 Daniel Gaugler, Public Comment Daniel Gaugler commented in favor of annexation but in opposition to the requested zoning due to an abundance of commercial in the area and wants additional housing. 03:07:18 Sophia Vowell, Public Comment Sophia Vowell commented in favor of the proposal for its workforce housing and DocuSign Envelope ID: 4A0F751A-E469-4137-A9B8-74885C53449D Bozeman City Commission Meeting Minutes, December 21, 2021 Page 6 of 10 03:08:27 Marcia Kaveney, Public Comment Marcia Kaveney commented in opposition to the project and its heavily commercial district and possible uses. 03:11:48 Mary Wictor, Public Comment Mary Wictor commented in favor of annexation but not at the requested zoning, commented in increasing R-3 zoning and B-1 along Story Mill Dr. due to the height allowances in B-2M, R-5, and REMU zoning districts. 03:15:01 Ben Nobel, Public comment Ben Nobel commented in favor of the project due to the access of additional services in the area, commented on the traffic issues created by not having enough local options that don't require driving. 03:16:20 Pete Oliver, Public Comment Pete Oliver commented in opposition to the proposal on the concerns of emergency responses and the capabilities of Central Valley Fire. 03:17:44 Carie Omland, Public comment Carie Omland commented in opposition to the high density requested, commented as not compatible with the area, and the abundance of commercial options available and the area does not require more, commented on the issue of traffic to R-5 within the interior of the project. 03:20:33 Ben Davidson, Public Comment Ben Davidson commented in opposition to the requested zoning. 03:21:46 Megan Sheufelt, Public Comment Megan Sheufelt commented in favor of the project as higher density housing is more climate friendly than lower density 03:23:53 Caleigh Searle, Public Comment Caleigh Searle commented in opposition to the proposal as there is enough high value housing in the valley and commented on concerns of infrastructure. 03:24:58 Bert Getz, Public Comment Bert Getz commented in favor of the project citing the Community Plan's aim for density to prevent sprawl. 03:27:43 Shawna Wade, Public Comment Shawna Wade commented in opposition to the proposal. 03:28:58 Alanah Griffith, Public Comment DocuSign Envelope ID: 4A0F751A-E469-4137-A9B8-74885C53449D Bozeman City Commission Meeting Minutes, December 21, 2021 Page 7 of 10 Alanah Griffith commented as the attorney representing the Legends II Homeowner's Association and the lack of an easement required for R-5 zoning. 03:32:44 Haley Rowland, Public Comment Haley Rowland, Director of Sales for AC Hotels, spoke in favor of the project due to staffing issues related to housing availability issues. 03:34:16 Christine Roberts, Public Comment Christine Roberts, member of Transportation Board, commented in opposition to the project as high- rise is incompatible with the neighboring developments. 03:36:04 Chris Omland, Public Comment Chris Omland commented that higher density does not necessarily equate to affordability or environmentally beneficial, spoke in opposition to the project, commented on emergency response, and suggested a lower zoning. 03:40:02 Betty Stroock, Public Comment Betty Stroock commented in opposition to the proposed zoning as incompatible with the neighborhood and concerns for wildlife. 03:42:37 Mark Williams, Public Comment Mark Williams commented on the wildlife corridor, the available walkable amenities, and with concerns for the continuity of the neighborhood. 03:43:55 Nolan Sit, Public Comment Nolan Sit commented in favor of the project. 03:45:05 Diane Sheehan Egnatz, Public Comment Diane Sheehan Egnatz commented in favor of annexation but against the commercial scale, commented on the FLUM designations in the region, the inability to expand in some directions, the wildlife, and suggested a lower density. 03:47:51 Evan Burgess, Public Comment Evan Burgess commented in favor of annexation but at lower density, commented on the uniqueness of the location, and the impact on all the people that utilize the Bridgers. 03:50:06 Meeting Extended Mayor Andrus extended the meeting until 10:15pm. 03:50:44 Stephen Pohl, Public Comment Stephen Pohl commented that this project constitutes spot zoning. DocuSign Envelope ID: 4A0F751A-E469-4137-A9B8-74885C53449D Bozeman City Commission Meeting Minutes, December 21, 2021 Page 8 of 10 03:54:25 Louisa Carter, Public Comment Louisa Carter commented in opposition to the proposal and suggested lower density zoning, commented on infrastructure issues, and commented that this proposal is out of scale with the character of the neighborhood. 03:58:21 William Johnson, Public Comment William Johnson commented as a planning consultant and representative of concerned citizens in opposition to the project as it is incompatible to the surrounding neighborhood, on potential building heights, the high density available uses, and on infrastructure issues. 04:01:49 Claire Crane, Public Comment Claire Crane commented in opposition to the project due to infrastructure issues, commented on concerns to the high zoning and suggested lower density zoning. 04:04:19 Catherine Ebelke, Public Comment Catherine Ebelke commented in favor of annexation but opposition to the high density zoning requested, commented on concerns of health and safety due to access and the intersection of Story Mill and Bridger Drives. 04:07:08 Meeting Extended Mayor Andrus extended the meeting until 10:30pm. 04:07:41 Nicholas Drew, Public Comment Nicholas Drew commented on the failure to disclose affiliation with the developer by some commenters, commented in opposition to the project, and commented on emergency response times. 04:10:28 Kristen Davidson, Public Comment Kristen Davidson commented in opposition to the requested density as the neighborhood is already served by local commercial, the wildlife in the area, and on the current walkability. 04:12:38 David Perlstein, Public Comment David Perlstein commented as an associate of the applicant and commented on the changes in the area. 04:13:44 Diana Sauther, Public Comment Diana Sauther commented in opposition to the high density, commented on the concerns of fire safety, and commented on the traffic concerns at the railroad crossings. 04:16:26 Lindsay Pittard, Public Comment Lindsey Pittard commented in favor of the project to expand housing opportunities and in favor of an infill project over sprawling development. 04:18:04 Amber Bolton, Public Comment DocuSign Envelope ID: 4A0F751A-E469-4137-A9B8-74885C53449D Bozeman City Commission Meeting Minutes, December 21, 2021 Page 9 of 10 Amber Bolton, member of the HomeBase Team, commented in favor of the project. 04:19:00 Andrew Gault, Public Comment Andrew Gault, member of the project team, commented also as a neighbor in favor of the project. 04:21:47 Meeting Extended Mayor Andrus extended the meeting until 10:45pm. 04:22:00 Leo Crane, Public Comment Leo Crane commented in opposition to the project. 04:25:08 Jack Sauther, Public Comment Jack Sauther commented in favor of annexation but not at the high density requested, in opposition to affordability connected to the density of the project, and on the comparisons used of compatible uses. 04:28:51 Emily Talago, Public Comment Emily Talago commented in opposition to the project, that the agreement for workforce housing units should not be considered, and in opposition to the idea of the village in this area. 04:30:51 Hampton Uzzelle, Public Comment Hampton Uzzelle commented in favor of the project and referenced the Community Plan's identification of the area. 04:33:18 Lauren Cummings, Public Comment Lauren Cummings commented on people being forced out of Bozeman due to a lack of housing, the staffing issues this causes, the interest to downsize in the same area, and in support of the project. 04:35:50 Mayor Extended Mayor Andrus extended the meeting until 11:00pm. 04:35:59 Troy Scherer, Public Comment Troy Scherer commented as a developer that has worked on numerous projects around town, the benefits of housing variety, and in favor of the project. 04:38:34 Sean Casto, Public Comment Sean Casto commented in opposition to the requested zoning, the traffic requirements of R-5 zoning, against the proposed workforce housing agreement, and on contract zoning. 04:41:59 Brian Gallik, Public Comment Brian Gallik as a representative of some of the neighbors commented on contract zoning through the proposed workforce housing. DocuSign Envelope ID: 4A0F751A-E469-4137-A9B8-74885C53449D Bozeman City Commission Meeting Minutes, December 21, 2021 Page 10 of 10 04:44:53 Molly Casto, Public Comment Molly Casto commented on concerns of traffic and circulation that necessitates an easement to grant access to the R-5 portion of the proposal and commented in opposition to the requested zoning. 04:48:12 Bob Horne, Public Comment Bob Horne, an affiliate of HomeBase Partners, spoke in favor of the project and the evolution of the Story Mill District. 04:51:51 Brad Bates, Public Comment Brad Bates commented that the vast majority of commenters are not opposed to development, but on the impact on the neighborhoods of this proposal. 04:54:13 Meeting Extended Mayor Andrus extended the meeting until 11:10pm. 04:54:39 Mayor Andrus asked to continue the meeting until January 11. Seeing no objections, Mayor Andrus outlined what the future process would look like. 04:57:05 Clarification of Staff CA Sullivan clarified how to handle written public comments after the continuation. J) FYI / Discussion K) 04:59:02 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: February 1, 2022 DocuSign Envelope ID: 4A0F751A-E469-4137-A9B8-74885C53449D