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Home My WebLink About12-07-21 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, December 7, 2021 Page 1 of 7 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES December 7, 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) 00:02:22 Call to Order - 6:00 PM - WebEx Videoconference B) 00:05:05 Pledge of Allegiance and a Moment of Silence C) 00:05:45 Changes to the Agenda • There were no changes. D) 00:05:57 FYI • CM Mihelich noted the improvements to the development review process and the implementation of a web based portal for inspection requests. E) 00:07:07 Commission Disclosures • Mayor Andrus disclosed that the applicant for Action Item 1 contacted her prior to submission of the application. • DM Cunningham disclosed that he too had a discussion with the applicant for Action Item 1 prior to submission of the application. F) 00:08:38 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize the Mayor to Sign a Mutual Release and Settlement Agreement in Gallatin County, Montana v. City of Bozeman No. DV-20-10B DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, December 7, 2021 Page 2 of 7 SID 745 Settelment agreement.pdf ORDER ON MOTIONS FOR PARTIAL SUMMARY JUDGMENT DV-20-10B.pdf F.3 Authorize the Mayor to Sign a Montana Department of Commerce, Big Sky Economic Development Trust Fund Program Grant Award Amendment to XY Planning Network (Amended Contract # MT-BSTF-1-21-09A) Exhibit 1 cc memo 12.07.21 BSTF Award XYPN FINAL 11.15.21.doc Exhibit 2 XYPN Extension Request Letter from XYPN.pdf Exhibit 3 XYPN Extension Request from City.pdf Exhibit 4 City of Bozeman - MT-BSTF-1-21-09 - Amendment Approval Letter.pdf Exhibit 5 Montana_Department_of_Commerce_Contract_MT-B (1)-unsigned.pdf Exhibit 6 XY Planning - Amended BAA-MP 11.8.21.pdf Exhibit 7 Budget_Authorization.pdf F.4 Authorize the City Manager to Sign an Irrevocable Offer of Dedication, Sewer and Water Pipeline and Access Easement and Agreement, Utility Easement with Bozeman COHO, LLC for the Bozeman CoHousing Site Plan (21096) Irrevocable Offer of Dedication Sewer and Water Pipeline and Access Easement and Agreement Utility Easement F.5 Authorize the City Manager to Sign a Mutual Access Easement and Agreement for Lot 4E and 4D and a Mutual Access Easement and Agreement for Lot 4C and 4B and with Montana Land Project LLC for the Traditions Subdivision Phase 1 (21322) Mutual Access Easement and Agreement for Lot 4C and 4B Mutual Access Easement and Agreement for Lot 4E and 4D F.6 Authorize the City Manager to Sign a Public Access Easement, Sewer and Water Pipeline and Access Easement and Agreement, Utility Easement with Fallon First, LLC for the Fallon Condo Site Plan (21175) Public Access Easement Sewer and Water Pipeline and Access Easement and Agreement Utility Easement F.7 Authorize the City Manager to Sign a Temporary Right-of-way Agreement and Temporary Construction Permit Needed for the City to Install Improvements to Story Mill Road - Parcel 1 (Canyon Gate Investors, LLC) Story Mill Temp ROW Agreement and Const Permit.pdf F.8 Authorize the City Manager to Sign a Professional Services Agreement for a Term Contract with Walker Consultants for Parking Services Program and Task Order #1 PSA Agreement with Walker Consultants for a Term Contract for Parking Services Consulting.docx Walker Consultants Task Order Number 1--Revenue Modeling.docx F.9 Authorize the City Manager to Sign a Professional Services Agreement with K2 Ventures Inc. to Provide Snow Removal Services for the City of Bozeman Parks and Trails District PSA P&TD Snow Removal Services K2 Ventures Inc. (Contract).pdf DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, December 7, 2021 Page 3 of 7 F.10 Authorize the City Manager to Sign an Amendment 1 to the Professional Services Agreement with Sanderson Stewart to Provide Pre-Design Services for the Fowler Connection (Huffine to Oak) Project 20211207_Fowler Ave_Amendment 1 _scope of work.pdf 20211207_Fowler Ave_Amendment 1.pdf F.11 Authorize the City Manager to Sign an Amendment 1 to the Professional Services Agreement with Maddaus Water Management Inc. for the 2020 Water Conservation Plan First Amendment_PSA_2020 WC Plan_Maddaus Water Management.pdf PSA_Exhibit B_Scope of Services_Code Revisions.pdf F.12 Authorize the City Manager to Sign an Addendum 2 to the Professional Services Agreement with The Nest Collective, LLC for Public Works Department Public Relations Services Second Addendum to Professional Services Agreement Professional Services Agreement dated December 1, 2021 F.13 Authorize the City Manager to Sign an Amendment 2 to Task Order 12 with Sanderson Stewart for the Purpose of Right-of-Way Acquisition on the Griffin Drive - 7th to Rouse Project Amendment 2 - Task Order 12 Sanderson Stewart - Griffin Drive ROW.pdf F.14 Resolution 5360 Clarifying the Member Appointments to the Transportation and Community Development Citizen Advisory Board Res. 5360 .pdf F.15 Resolution 5361 Authorizing Change Order 1 to the Griffin Drive and Manley Road Street and Stormwater Improvements Project 20211207_Resolution 5361_Change Order_1.pdf F.16 Ordinance 2089 Final Adoption Amending Chapter 38 Unified Development Code for Subdivision Review Procedures And Associated Development Standards Update Text Amendment to Conform to Amended State Law and Improve Processes, Application 21338 Revised Text for Subdivision Process - Final Adoption draft 11-17-2021.pdf 00:08:44 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:09:09 Public Comment There were no public comments on the Consent Agenda. 00:12:03 Motion Consent Items 1-16 as submitted. Jennifer Madgic: Motion Christopher Coburn: 2nd DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, December 7, 2021 Page 4 of 7 00:12:18 Vote on the Motion to approve Consent Items 1-16 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:12:36 Public Comment There were no general public comments. H) 00:16:03 Special Presentation H.1 00:16:04 Triannual Climate Plan Report CM Mihelich introduced the Climate Plan Report. Sustainability Program Manager Natalie Meyer presented the current progress of implementing the Climate Plan. She presented an overview of the adoption of the plan and the current status, the focus areas & actions, and operation priorities, the items completed, in progress, and not yet started. She provided the highlights of the six focus areas. I) 00:33:23 Action Items I.1 00:33:28 The South 3rd Growth Policy Amendment to Modify the Future Land Use Map from Public Institutions to Urban Neighborhood, Addressed at 2303 South 3rd Avenue, Located on the West Side of South 3rd Avenue and 1/4 Mile South of Kagy Boulevard, Application 21309 21309 S 3rd GPA CC SR.pdf A1_093021.pdf ANNEX.pdf N1_032921.pdf Dave_Richardson_comment_App_21309_email.pdf Dave_Richardson_App_21309.pdf Robin Morris comment Nov 15 2021 Growth Policy Amendment Hearing for Application 21309.pdf 10-30-21 Public Comment - S. Atkinson - 2303 South Third Ave.pdf 00:33:46 Staff Presentation Senior Planner Tom Rogers presented the application; he entered the staff report, applicant submittal and public comments into the record. He presented the description of the subject property, the general area around the property, the adjacent zoning designations, the purpose of the Future Land Use Map DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, December 7, 2021 Page 5 of 7 (FLUM) designation, the amendment criteria, and recommendations. He presented the implementing zoning districts associated with the FLUM designations. 00:43:36 Questions of Staff 00:58:05 Applicant Presentation Julien Morice, Ironwood Development, provided the applicants reasoning for the application. He noted communications with neighbors including the Museum of the Rockies, and will have additional comments once a development application is before the City Commission. 00:59:53 Questions of Applicant 01:03:18 Public Comment Mayor Andrus opened this item for public comment. 01:05:01 Jason Delmue, Public Comment Jason Delmue noted that the City is making a correction to the FLUM and is not making a substantive amendment to the FLUM. 01:08:21 Motion Having reviewed and considered the application materials, public comment, and all information presented, I hereby move to adopt the findings presented in the staff report and recommend approval to the City Commission of the growth policy amendment application 21309 with contingencies and subject to all applicable code provisions. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 01:08:46 Discussion Cr. Coburn agreed with public comment that this is correcting a long standing error. He agreed with staff's findings and that the change is consistent with the intent of the Growth Policy. He will support the motion. Cr. Pomeroy agreed with staff's findings and that it is time to correct the error. She will support the motion. DM Cunningham agreed with staff's findings and is in favor of the motion. Cr. Madgic will support the motion for all previous reasons stated. She disagreed with the public comment that the full process is not required due to transparency in adjusting the FLUM. Mayor Andrus will support the motion and associates herself with the other Commissioners comments. 01:14:39 Vote on the Motion Having reviewed and considered the application materials, public comment, and all information presented, I hereby move to adopt the findings presented in the staff report and recommend approval to the City Commission of the growth policy amendment application 21309 with contingencies and subject to all applicable code provisions. The Motion carried 5 – 0. DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, December 7, 2021 Page 6 of 7 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.2 01:15:04 FY23 - FY27 Capital Improvement Plan - Other Special Revenue Funds and General Fund 01:15:12 Staff Presentation Assistant City Manager Anna Rosenberry presented the Other Special Revenue Funds and General Funds details within the Capital Improvements Plan (CIP). She highlighted three portions, the Parks & Trails District Fund, the Fire Funds, and the General Fund. She presented the revenues, financial summary, fund highlights, and project highlights for the Parks & Trails District Fund. 01:21:41 Questions of Staff 01:30:52 Staff Presentation continued ACM Rosenberry presented the Fire Capital Equipment and Replacement Fund approved by voters in 2007 and the value of those mills. She presented the revenues, financial summary, fund highlights, and project highlights for the Fire Equipment Fund. She presented the Fire Impact Fee Fund revenues, financial summary, fund highlights, and project highlights for the the Impact Fee Fund. 01:38:06 Questions of Staff 01:52:25 Staff Presentation continued ACM Rosenberry presented the General Fund financial statement, fund highlights, and project highlights. 01:58:13 Questions of Staff 02:21:12 Recess Mayor Andrus called the meeting into recess. 02:22:17 Call to Order Mayor Andrus called the meeting back to order. DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, December 7, 2021 Page 7 of 7 02:22:22 Public Comment There were no public comments on this item. 02:25:03 Discussion J) 02:37:26 FYI / Discussion K) 02:37:34 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: January 4, 2022 DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF