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HomeMy WebLinkAbout12-14-21 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, December 14, 2021 Page 1 of 10 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES December 14, 2021 A) 00:00:27 Call to Order - 4:30 PM - WebEx Videoconference B) 00:00:42 Executive Session B.1 00:00:47 City Manager Annual Performance Evaluation • 00:00:58 CM Mihelich asserted his privacy interests. • 01:30:04 Mayor Andrus reconvened the normal meeting. C) 01:32:35 Pledge of Allegiance and a Moment of Silence D) 01:33:02 Changes to the Agenda • There were no changes to the agenda. E) 01:33:13 FYI • City Manager Mihelich highlighted Engage Bozeman. F) 01:34:50 Commission Disclosures • There were no commission disclosures. G) 01:34:59 Consent G.1 Accounts Payable Claims Review and Approval G.2 Authorize the City Manager to Sign a Letter of Agreement Accepting a Donation in the Amount of $41,750 from the Library Foundation for Service Order 2 and Pre- Construction Services for the Bozeman Public Library Expansion Bozeman Public Library Expansion Project - Service Order 2 and Pre-Construction Services - Letter of Agreement.docx DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, December 14, 2021 Page 2 of 10 G.3 Authorize the City Manager to Sign an Interlocal Agreement with Riverside Water and Sewer District interlocal agreement-riverside 7 -7- 21 .pdf Resolution 4972 Riverside Conditions 1 10 19.pdf G.4 Riverside Annexation, Acknowledge Receipt of Petition for Annexation of the Riverside Manor Subdivision, Riverside Greens Subdivision, and Tracts 1-3 of Certificate of Survey 3030, Approximately 57.5 Acres Located on Gallatin Drive, Park Plaza Road, Riverside Drive, Elaine Lane, and Springhill Road, Including 125 Residential Buildings and 4 Commercial Buildings, Application 21426 1_DevReviewAppFormA1_10252021.pdf 2_AnnexAppChecklistFormANNX_10262021.pdf 4A_SignedPetitions_All_10022021.pdf Fig1_AnnexArea_10272021.pdf Fig2_PetitionSignedForAnnex_10252021.pdf 7-2-4601. Annexation by petition -- when election required, MCA.pdf G.5 Authorize the City Manager to Sign a Change Order 1 with CK May for the Griffin Drive and Manley Road Street and Stormwater Improvements Project GriffinDr&ManleyRd_ChangeOrder1.pdf G.6 Authorize the City Manager to Sign a Task Order 4 for Economic and Planning Systems, Inc (EPS) - Update to the 2016 Economic Development Strategy CC Memo for EPS TO 4 EDS Update 12.05.21 FINAL.docx Attachment 1 EPS Task Order 4 Form EDS Update December 2021.pdf Attachment 2 213051_SOW_Economic Development Strategy Final 11-30-2021.pdf Attachment 3 EDS Update Community Engagement Plan 11-24-2021 FINAL.pdf Attachment 4 Executed EPS PSA.pdf G.7 Ordinance 2095, Provisional Adoption to Rezone 3.4 Acres from B-2, Community Business District to B-2M, Community Business District-Mixed, Application 21192, Property Located on the Southeast Corner of South 19th Avenue and West Babcock Street West Babcock ZMA Ordinance 2095.pdf 21-192 ZMA Map 10-12-2021.pdf 21-192 Legal Description 05-05-2021.pdf 01:35:05 CM Mihelich provided the highlights of the Consent Agenda. 01:36:36 Mayor Andrus opened the Consent Agenda for public comment. • There were no public comments. 01:39:17 Motion I move to approve Consent Items 1 through 7 as submitted. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 01:39:33 Vote on the Motion to approve Consent Items 1 through 7 as submitted. . The Motion carried 5 - 0 Approve: DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, December 14, 2021 Page 3 of 10 Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H) 01:39:58 Public Comment • There were no general public comments. I) 01:43:09 Action Item I.1 01:43:15 Appeal of Issuance of Business License 21-69197 to Bibs to Books Playhouse Staff Report.pdf 102721 Zyvoloski Appeal Packet consolidated.pdf 12.2.2121_Supplemental Appeals Letter for December 14, 2021 Commission Meeting.pdf Enclosures for Supplemental Appeals Letter 12.2.2021.pdf Correspondence.pdf Bibs to Books Playhouse BL Application 21-69197.pdf Bibs to Books BL Attachment DPHHS Registration.pdf 101321 Bibs to Books Playhouse Business License.pdf 01:43:19 City Manager Introduction 01:43:31 Staff Presentation Assistant City Attorney Kelley Rischke provided background on the business license dispute. She provided background of the initial assessment. She provided the rules adopted by the City regarding family and group daycares. She noted the administrative order of the day care licensing adopting by the City. She highlighted the DPHHS registration requirements. She provided Administrative Rule 2021-01. She summarized why the appeal should be denied. She noted the public comment and provided a suggested motion. 01:54:54 Questions of Staff 02:13:09 Applicant Presentation Dan Zyvoloski and his attorney Lara Guercio of Crowley Fleck presented the recommended City Commission action, BMC applicable laws, outline of the procedure and permits per the BMC, a review of the Admin Rule 2021-01, proper procedure for amendments to the BMC, public noticing and citizen participation, outlined city actions taken while a Commission appeal was pending, and City Commission options and why he would appeal if the decision is upheld. 02:25:45 Questions of Appellant 02:41:58 Public Comment DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, December 14, 2021 Page 4 of 10 • Mayor Andrus opened this item for public comment. 02:43:54 Tori Sproles, Public Comment • Tori Sproles commented in support of upholding the City's decision. 02:51:13 Motion Uphold the decision of Community Development to adopt Administrative Rule 2021-01 and issue a business license to Bibs to Books Playhouse and dismiss the appeal with prejudice. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:51:57 Discussion • DM Cunningham will be supporting the motion due to state law regarding residential daycare. He does not believe BMC Chapter 38 is applicable to business licenses. He noted the City Commission delegates certain administrative rule making to appropriate City staff and he agreed with staff's interpretation a daycare facility does not fall into the home-base business definition. He highlighted the original argument was the daycare need • Cr. Madgic agreed with DM Cunningham and staff. She noted that daycares of 1-12 children are permitted in all zones in Missoula. She noted sympathy for the neighbors and that special use permits may address their concerns. • Cr Coburn agreed with DM Cunningham and highlighted the process to make admin rules was followed. He noted requiring a special use permit goes against the intent of the rules for daycare centers in the state. • Cr. Pomeroy agreed with staff and her colleagues. She noted the daycare complies with state rules and has a business license. She highlighted the importance of daycare. • Mayor Andrus agreed with her colleagues. She reiterated she disagrees with the appellant who stated the City violated section 38 of the code as it applies to development standards not business licenses. 03:06:18 Vote on the Motion to approve Uphold the decision of Community Development to adopt Administrative Rule 2021-01 and issue a business license to Bibs to Books Playhouse and dismiss the appeal with prejudice.. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 03:06:41 Recess DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, December 14, 2021 Page 5 of 10 03:12:54 Order I.2 03:12:57 Resolution 5353 Allocation Of Cash-In-Lieu Of Parkland Funds For Acquisition Of Land Adjacent To Burke Park And Authorizing The City Manager And City Attorney To Take All Steps Necessary To Purchase The Land Associated With The Burke Park/Peets Hill Expansion And Improvement Project 1 APPLICATION - GVLT CILP 2021.pdf 2 Burke Park Master Plan February 2001 Update 2003.pdf 2 Property Vicinity Map.pdf 3 Public Input & Support.pdf 5 Project Cost Estimate.pdf 6 In Kind Contributions.pdf 7 PROST Goal Alignment.pdf Letters of Support.pdf Buy-Sell Agreement.pdf Appraisal.pdf GVLT_Sourdough Rd. - Title Commitment.pdf 10-21-21 Public Comment - N. Schultz - Peets Hill Wildlife.pdf Resolution_5353_-_2020_Burke_Park-PeetsHill_Project_and_CILP (1) final.docx 03:13:48 City Manager Introduction 03:14:29 Staff Presentation City Parks Planner Addi Jadin presented the Burke Park / Peets Hill project and cash-in-lieu of parkland. She highlighted the strategic plan objectives associated with the project. She provided a plan view and aerial of the area. She provided conceptual plan designs from GLVT. She provided project funding details and next steps. She highlighted public support and the staff recommendation. 03:26:25 Questions of Staff 03:38:30 Public Comment 03:40:28 Chet Work, Public Comment • Chet Work, the Executive Director of Gallatin Valley Land Trust commented in support of the motion. 03:43:31 Motion Adopted Resolution 5353 Allocation Of Cash-In-Lieu Of Parkland Funds For Acquisition Of Land Adjacent To Burke Park And Authorizing The City Manager And City Attorney To Take All Steps Necessary To Purchase The Land Associated With The Burke Park/Peets Hill Expansion And Improvement Project Jennifer Madgic: Motion Christopher Coburn: 2nd 03:44:12 Discussion • Cr. Madgic will be supporting the motion as open space and trails are community amenities. DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, December 14, 2021 Page 6 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. 03:54:17 Vote on the Motion to approve Adopted Resolution 5353 Allocation Of Cash-In-Lieu Of Parkland Funds For Acquisition Of Land Adjacent To Burke Park And Authorizing The City Manager And City Attorney To Take All Steps Necessary To Purchase The Land Associated With The Burke Park/Peets Hill Expansion And Improvement Project. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.3 03:54:42 Resolution 5359 Adoption of the Capital Improvement Plan (CIP) for Fiscal Years 2023-2027 Resolution 5359 - CIP FY23-27.docx CIP23-27 Financial Summaries FINAL 12 8 2021.pdf 03:54:46 City Manager Introduction 03:55:05 Staff Presentation Assistant City Manager Anna Rosenberry presented Resolution 5359, final adoption of the FY23-FY27 Capital Improvement Plan. She provided background on the CIP process, the agenda for plan adoption, a summary of all funds in the CIP, she highlighted the plan as presented with changes. 03:59:07 Questions of Staff 04:25:36 Public Comment 04:27:09 Ralph Zimmer, Public Comment • Ralph Zimmer commented on the development of non-motorized infrastructure. 04:30:56 Cathy Costakis, Public Comment • Cathy Costakis commented on innovated transportation planning and the projects on Kagy and College. 04:34:24 Jason Delmue, Public Comment • Jason Delmue commented on the Kagy Street reconstruction project. DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, December 14, 2021 Page 7 of 10 04:37:09 Mark Egge, Public Comment • Mark Egge commented on the Kagy reconstruction project. 04:42:03 Discussion 04:41:32 Motion Resolution 5359 adopting the Capital Improvements Plan for Fiscal Years 2023-2027. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 04:42:03 Motion move $100,000 from GF362 out of the General Fund from FY26 to FY23 to get one of those buildings done within the next fiscal year. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 04:42:45 Discussion on amendment • Cr. Coburn proposed the amendment as important to sustainability goals of the City. • Cr. Pomeroy will be supporting the amendment. • DM Cunningham echoed Cr. Coburn's sense of urgency in regards to the Climate Action Plan. • Cr. Madgic agreed with her colleagues and will be supporing the motion. • Mayor Andrus agreed. 04:45:32 Vote on the Motion to amend move $100,000 from GF362 out of the General Fund from FY26 to FY23 to get one of those buildings done within the next fiscal year. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 04:47:07 Motion In arterial and collector fund add line item to FY25 that involves an engineering study of grade separated rail road crossings on to evaluate Griffin Avenue, North Rouse and L street to determine optimal grade separated crossing opportunities and in order to pay for that, take A and C 010 (East Valley Center Road North 27th Avenue Intersection) and move it to unscheduled. Terry Cunningham: Motion Jennifer Madgic: 2nd 04:47:03 Discussion on Amendment DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, December 14, 2021 Page 8 of 10 • DM Cunningham noted the need to look at grade separated railroad crossings as new developments arise. • Cr. Madgic agreed with Deputy Mayor Cunningham. • Cr. Coburn acknowledged the study would be a good step forward even if it results in a suggestion of no action. • Cr. Pomeroy will be supporting the motion. 04:49:56 Vote on the Motion to amend In arterial and collector fund add line item to FY25 that involves an engineering study of grade separated rail road crossings on to evaluate Griffin Avenue, North Rouse and L street to determine optimal grade separated crossing opportunities and in order to pay for that, take A and C 010 (East Valley Center Road North 27th Avenue Intersection) and move it to unscheduled. . The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 04:50:29 Motion Move College Street (SIF157 and SIF159) to scheduled item and move Kagy (SIF0019) to unscheduled. Jennifer Madgic: Motion Christopher Coburn: 2nd 04:55:10 Discussion on Amendment • Cr. Madgic noted public comment and believes there is a greater need on College Street than Kagy Street. • Cr. Coburn agreed and will be voting in support of this motion. • DM Cunningham noted he believes this decision needs more time and public input. • Mayor Andrus will not being supporting the motion because she believes she needs more information. • Cr. Coburn added the CIP could be seen as a comparison of projects. He added his preference is moving Kagy to unscheduled rather than keeping it scheduled and modifying the CIP at a later date. • DM Cunningham stated a preference to have a work session regarding the two projects. • Cr. Pomeroy added that because Kagy is reliant on state urban highway funds, she does not think it should be moved. 05:11:48 Vote on the Motion to amend Move College Street (SIF157 and SIF159) to scheduled item and move Kagy (SIF0019) to unscheduled. . The Motion failed 2 - 3 Approve: DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, December 14, 2021 Page 9 of 10 Jennifer Madgic Christopher Coburn Disapprove: Cyndy Andrus Terry Cunningham I-Ho Pomeroy 05:12:11 Discussion on Main Motion • Cr. Coburn acknowledged staff work on the capital improvement plan and will be supporting the motion. • Cr. Pomeroy agreed with Cr. Coburn and will be supporting the motion. • DM Cunningham echoed the comments of his colleagues and will be supporting the motion. He added he would like more discussion on Kagy. • Cr. Madgic will be supporting the motion. • Mayor Andrus will be supporting the motion and thanked City staff for putting the CIP together. She added she would also like more discussion on Kagy. 05:21:26 Vote on the Motion to approve Resolution 5359 adopting the Capital Improvements Plan for Fiscal Years 2023-2027. . The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J) 05:21:44 FYI / Discussion K) 05:22:00 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, December 14, 2021 Page 10 of 10 PREPARED BY: ___________________________________ Jesse DiTommaso Deputy City Clerk Approved on: January 4, 2022 DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF