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Home My WebLink About04-12-22 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, April 12, 2022 Page 1 of 8 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, April 12, 2022 Present: Cyndy Andrus, I-Ho Pomeroy, Jennifer Madgic Absent: Terry Cunningham, Christopher Coburn A) 00:00:03 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:02:38 Pledge of Allegiance and a Moment of Silence C) 00:03:15 Changes to the Agenda  City Manager Mihelich informed the Commission that Deputy Mayor Cunningham would be absent from the meeting. D) 00:03:32 Authorize Absence D.1 Authorize the Absence of Commissioner Christopher Coburn 00:03:44 Motion I move to authorize the absence of Commissioner Christopher Coburn and Deputy Mayor Terry Cunningham. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 00:03:56 Vote on the Motion to approve I move to authorize the absence of Commissioner Christopher Coburn and Deputy Mayor Terry Cunningham. The Motion carried 3 - 0 Approve: Cyndy Andrus I-Ho Pomeroy Jennifer Madgic Disapprove: None E) 00:03:59 FYI DocuSign Envelope ID: 4C205824-47BC-442A-9273-BB69999E81C8 Bozeman City Commission Meeting Minutes, April 12, 2022 Page 2 of 8  City Manager Mihelich acknowledged that it is Gallatin Valley Clean Up Week and announced that The City will host an annual clean up week April 23 - April 30. He also informed The Commission that May is National Historic Preservation Month. F) 00:06:06 Commission Disclosures  None G) 00:06:11 Consent CM Mihelich highlighted consent items G.5 and G.7. G.1 Accounts Payable Claims Review and Approval G.2 Authorize the Mayor, or Their Designee, to Sign a Montana Department of Commerce, Big Sky Economic Development Trust Fund Program Contract Extension for Gibson Brands, Inc. Amended Contract MT-BSTF-1-20-25B City of Bozeman - MT-BSTF-1-20-25 - Contract Extension Letter.pdf Gibson_Brands_-_Amendment_DoC Contract_MT-BSTF-1-20-25B.pdf Gibson Amended Business Assistance Agreement and Management Plan.pdf cc_memo_4-12-22_BSTF_Gibson_EXTENSION_FINAL_3.29.22.pdf G.3 The Montana Department of Commerce Big Sky Economic Development Trust Fund Program Contract Extension (Amended Contract MT-BSTF-1-21-19A) and Grant Award Increase for Profitable Ideas Exchange LLC, authorize the City manager, or their designee, to execute additional documents required to facilitate and manage the amended BSTF contract(s), and authorize increased budget authority from the original grant award amount of $105,000 to the amended grant award amount of $195,000; an increase of $90,0000 cc_memo_4-12-22_BSTF_PIE_EXTENSION_FINAL G3.pdf 1.14.22 MT DoC BSTF PIE contract ext.pdf MT DoC Amended Contract PIE MT BSTF 1 21 19A.pdf BSTF Business Asst Agmt and Mgmt Plan PIE Contract Ext MT BSTF 1 21 19A.pdf Budget_Amendment Big Sky Trust Fund Contract Amendment PIE 4-12-22.docx G.4 Authorize the City Manager to Sign a Public Access and Utility Easement, Utility Easements, Access Easement, Trail Corridor & Utility Easement with Eastlake Professional Center, LLC for the Subdivision Preliminary Plat Eastlake Professional Center (21447) Trail Corridor & Utility Easement.pdf Utility Easement (2).pdf Utility Easement.pdf Public Access & Utility Easment.pdf Access Easement.pdf G.5 Authorize the City Manager to Sign a Professional Service Agreement with Sanderson Stewart for Frontage Road Pathway PSA_FrontagePathway_SandersonStewart.docx Exhibit A_FrontagePathway_Feasabilty_SOW.pdf G.6 Authorize the City Manager to Sign a Professional Services Agreement with Bozeman Site Services, LLC for Landscape Maintenance Services in the Parks and Trails District PSA Bozeman Site Services Zone 2 (Final).pdf DocuSign Envelope ID: 4C205824-47BC-442A-9273-BB69999E81C8 Bozeman City Commission Meeting Minutes, April 12, 2022 Page 3 of 8 G.7 Authorize City Manager to Sign an Amendment to the Professional Services Agreement with Comcate Software, Inc to Provide Code Compliance Software to Enhance the Code Compliance Program Comcate First Amendment_Bozeman, MT_CEM_04022022.docx G.8 Authorize the City Manager to Sign a Second Addendum to the Professional Services Agreement with Hydrologistics Irrigation LLC for Irrigation System Start-up, Winterization, and Maintenance Services for City Maintained Medians and City Owned Property at 814 North Bozeman (City Shops), 2245 Springhill Road (Water Reclamation Facility), and 5519 Saxon Way 2022 April Second Addendum to Irrigation Maintenance PSA.pdf 21- Professional Services Agreement - Hydro Logistics Irrigation, LLC - Irrigation Services 2022 Scope of Services G.9 Authorize the City Manager to Sign a Second Addendum to the Professional Services Agreement with Sprout, Inc. Land & Hardscaping for Median and Grounds Maintenance Services for City Maintained Medians and City Owned Property at 814 North Bozeman (City Shops), 2245 Springhill Road (Water Reclamation Facility), 1812 North Rouse Avenue (Vehicle Maintenance), the Green Sand Shed on East Griffin, 2125 North Rouse Avenue (Old Landfill) and 5519 Saxon Way 2022 Second Addendum to Median & Grounds Maintenance PSA Professional Services Agreement 2022 Scope of Services G.10 Ratify the City Manager's Signature for a Second Amendment to the Professional Services Agreement with Summit Utility Services for Underground Utility Locating Services 22-_Amendment_2_-_PSA_Summit.pdf G.11 Authorize the Mayor to Sign a Notice of Opt-out for Regional Multi-Hazard Planning Process Bozeman Hazard Mitigation Plan Opt Out.pdf G.12 Resolution 5387 Authorize the City Manager to Request Distribution of Bridge and Road Safety and Accountability Program Funds Resolution 5387 Distribution Gas Tax.pdf 2022 BaRSAA Gas Tax Letter.pdf G.13 Resolution 5390 Authorizing the City Manager to Sign a Change Order 2 with CK May for the Griffin Drive and Manley Road Street and Stormwater Improvements Project 20220412_Resolution 5390_Change Order 2.pdf 20220412_GriffinDr&ManleyRd_ChargeOrderNo2.pdf G.14 Resolution 5395 Intent to Create a Special Improvement Lighting District 771 for Bozeman CoHousing Superseding Resolution 5380 Suerpseding Resolution 5395-Intent to Create SILD 771.docx Exhibit A-Bozeman CoHousing.pdf Exhibit B-Bozeman CoHousing.xlsx G.15 Ordinance 2106 Final Adoption Approving a Project in the Downtown Urban Renewal District as an Urban Renewal Project; Making Findings with Respect Thereto and Approving the Use of Tax Increment Revenues or Tax Increment Revenue Bonds to Reimburse Eligible Costs Thereof Commission_Memo_Fire_Station_URP_Designation_032222.pdf Ordinance__2106_approving_Fire_Station_project.docx DocuSign Envelope ID: 4C205824-47BC-442A-9273-BB69999E81C8 Bozeman City Commission Meeting Minutes, April 12, 2022 Page 4 of 8 00:07:33 Public Comment Opportunity No public comment requests. 00:08:07 Motion G) Consent Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 00:08:24 Vote on the Motion to approve G) Consent. The Motion carried 3 - 0 Approve: Cyndy Andrus I-Ho Pomeroy Jennifer Madgic Disapprove: None H) 00:08:27 Public Comment No public comment requests. I) 00:09:44 Action Items I.1 00:09:48 Carroll on Main Zone Map Amendment Requesting Amendment of the City Zoning Map for Two Existing Lots Consisting of Approximately 7.33 Acres and the Accompanying Adjacent Right-of-way from B-2 (Community Business District) to B-2M (Community Business District-Mixed), Application 21438 21438 Carroll ZMA CC Staff Report.pdf 00:10:00 Staff Presentation City Planner Tom Rogers entered the staff report, applicant submittal and public comment to the record and presented the Carroll on Main Zone Map Amendment to the Commission. 00:14:40 Questions of Staff 00:15:55 Applicant Presentation Will Pete of the Carroll Companies and Charley Franklin of SMA Architects presented the Carroll on Main Zone Map Amendment to the Commission. 00:19:42 Questions of the Applicant 00:26:14 Public Comment Opportunity 00:26:48 Frank Walker - Public Comment Frank Walker commented on concerns regarding the compatibility of the future development for the project. DocuSign Envelope ID: 4C205824-47BC-442A-9273-BB69999E81C8 Bozeman City Commission Meeting Minutes, April 12, 2022 Page 5 of 8 00:30:29 Response to Public Comment City Manager Mihelich acknowledged the concerns of the public commenter 00:30:54 Motion Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21438 and move to approve the Carroll on Main Zone Map Amendment, with contingencies required to complete the application processing. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 00:31:31 Discussion 00:36:07 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 21438 and move to approve the Carroll on Main Zone Map Amendment, with contingencies required to complete the application processing. The Motion carried 3 - 0 Approve: Cyndy Andrus I-Ho Pomeroy Jennifer Madgic Disapprove: None I.2 00:36:11 Final Adoption of the Canyon Gate Annexation Agreement to Annex Approximately 25.4 Acres Located Northeast of the Intersection of Story Mill Road and Bridger Drive and Implementing Covenant, Application 21337 Resolution 5363 Canyon Gate Annexation 4-5-22 CC meeting.pdf Canyon Gate Annexation Map 12-16-21.pdf Canyon Gate Annexation Agreement executed 3-23-22.pdf Canyon Gate Covenants executed 3-23-22.pdf 00:36:16 Staff Presentation Community Development Manager Chris Saunders entered the packet materials to the record and presented the Final Adoption of the Canyon Gate Annexation Agreement to the Commission. 00:38:23 Questions of Staff 00:39:48 Public Comment Opportunity 00:40:09 Diana Sauther - Public Comment Diane Sauther commented in opposition of the action item. DocuSign Envelope ID: 4C205824-47BC-442A-9273-BB69999E81C8 Bozeman City Commission Meeting Minutes, April 12, 2022 Page 6 of 8 00:43:48 Marcia Kaveney - Public Comment Marcia Kaveney commented with recommended changes to the agreement for the project. 00:45:47 Mary Wictor - Public Comment Mary Wictor commented with recommended changes to the agreement for the project. 00:50:31 Follow-up Questions of Staff 01:00:52 Motion Having reviewed and considered the revised Annexation Agreement and proposed Covenants, Conditions, and Restrictions, the staff presentation, public comment, and all information presented, I hereby rescind and nullify the City Commission's previous authorization, provided on March 1, 2020, to the City Manager to sign prior versions of these documents and hereby approve the revised Annexation Agreement and implementing covenant and authorize the City Manager to sign both documents. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 01:01:40 Discussion 01:06:24 Vote on the Motion to approve Having reviewed and considered the revised Annexation Agreement and proposed Covenants, Conditions, and Restrictions, the staff presentation, public comment, and all information presented, I hereby rescind and nullify the City Commission's previous authorization, provided on March 1, 2020, to the City Manager to sign prior versions of these documents and hereby approve the revised Annexation Agreement and implementing covenant and authorize the City Manager to sign both documents. The Motion carried 3 - 0 Approve: Cyndy Andrus I-Ho Pomeroy Jennifer Madgic Disapprove: None J) 01:06:29 Other Agency Hearing J.1 01:06:39 Public Hearing of Two (2) Community Housing Projects Applying for Real Property Tax Exemption from Montana Board of Housing Project Description - Baxter Apartments.pdf Project Description - Comstock Apartments.pdf Notice of Public Hearing - Baxter Apartments.pdf Notice of Public Hearing - Comstock Apartments.pdf 01:06:52 Staff Presentation DocuSign Envelope ID: 4C205824-47BC-442A-9273-BB69999E81C8 Bozeman City Commission Meeting Minutes, April 12, 2022 Page 7 of 8 Community Housing Program Coordinator Renata Munfrada presented the Community Housing Projects Applying for Real Property Tax Exemption from Montana Board of Housing to the Commission 01:09:04 Questions of Staff 01:09:13 Public Comment Opportunity 01:09:27 Diana Sauther - Public Comment Diana Sauther commented on affordable housing issues in the City. K) 01:12:22 FYI / Discussion L) 01:12:32 Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net. City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at noon, Friday at 10 a.m. and Sunday at 2 p.m. ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Taylor Chambers Deputy City Clerk Approved on: April 26, 2022 DocuSign Envelope ID: 4C205824-47BC-442A-9273-BB69999E81C8 Bozeman City Commission Meeting Minutes, April 12, 2022 Page 8 of 8 DocuSign Envelope ID: 4C205824-47BC-442A-9273-BB69999E81C8