HomeMy WebLinkAbout04-05-22 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, 04-05-22
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THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Tuesday, April 5, 2022
Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn
Absent: None
A) 00:02:32 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
B) Pledge of Allegiance and a Moment of Silence
C) 00:03:19 Changes to the Agenda
City Manager Mihelich removed items H.4 and H.19 from consent and requested the
continuance for action item M.4.
D) 00:04:02 Public Service Announcements
D.1 00:04:03 Recently Approved Citizen Advisory Board Minutes
City Clerk Maas informed the Commission that the recently approved Citizen Advisory Board
minutes have been posted.
E) 00:04:14 FYI
F) 00:04:33 Commission Disclosures
Deputy Mayor Cunningham disclosed that, relating to consent item H.2, he is the executive
director of a non-profit that had also applied for an open-space grant, but there is not a financial
implication that should bar him from participating in the vote.
G) 00:05:14 Approval of Minutes
G.1 Approve the regular meeting minutes from:
February 1, 2022
February 8, 2022
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February 15, 2022
March 8, 2022
03-08-22 City Commission Meeting Minutes.pdf
02-15-22 City Commission Meeting Minutes.pdf
02-08-22 City Commission Meeting Minutes.pdf
02-01-22 City Commission Meeting Minutes.pdf
00:05:20 Motion I move to approve the combined minutes as submitted.
Christopher Coburn: Motion
I-Ho Pomeroy: 2nd
00:05:28 Vote on the Motion to approve I move to approve the combined minutes as submitted. The
Motion carried 5 - 0
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
H) 00:05:49 Consent
City Manager Mihelich highlighted item H.3 and H.12 to the Commission.
H.1 Accounts Payable Claims Review and Approval
H.2 Ratify the City Manager's Signature on a Gallatin County Open Space Grant Application
for Burke Park/Peet's Hill Expansion and Improvements Project
2022 Gallatin County Open Space Grant - City of Bozeman.pdf
H.3 Authorize the City Manager to Sign a Letter of Agreement Accepting a Donation in the
Amount of $2,000,000 from the Bozeman Public Library Foundation for the First
Installment for Construction Services for the Bozeman Public Library Expansion
Bozeman Public Library Expansion Project - First Installment for Construction Services -
Letter of Agreement.docx
H.4 Accept Citizen Advisory Board Work Plans for 2022-2023
Sustainability Approved Work Plan.pdf
Community Development Approved Work Plan.pdf
Economic Vitality Approved Work Plan.pdf
HPAB Work Plan Memo FINAL.pdf
Transportation Advisory Board Work Plan 2022-2023.pdf
H.5 Authorize the City Manager to Sign a Notice of Award for the Story Mill Road: Bridger
Drive to Griffin Drive Reconstruction, Stormwater & Intersection Improvements Project
to CK May Excavating Inc. for Schedules I - III in the amount of $2,001,068.70, and Final
Contract Documents Once Received
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Story Mill Notice of Award, Bid Tab and Award Recommendation.pdf
H.6 Authorize the City Manager to Sign a Storm Water and Access Easement Located in City
of Bozeman Street – North of Nelson Meadows Subdivision with Stella Fria LLC for the
Bronken Warehouse Project (21389)
Stormwater and Access Easement
H.7 Authorize the City Manager to Sign a Sewer and Water Pipeline and Access Easement
and Agreement with 2times7 Condominium for the Swiss Plaza SP (20372)
Sewer and Water Pipeline and Access Easement and Agreement
H.8 Authorize the City Manager to Sign a Water Pipeline and Access Easement and
Agreement with GKT Bozeman Gateway Phase 4, L.L.C. for the Bozeman Gateway PUD
Phase 4 Apartments (22002)
Water Pipeline and Access Easement and Agreement
H.9 Authorize the City Manager to Sign Temporary Construction Permits and Right-of-way
Documents with Northwestern Energy for the Griffin Drive and Manley Road Street and
Stormwater Improvements Project
20220405_NWE_ROW agreements for city signature.pdf
H.10 Authorize the City Manager to Sign Temporary Construction Permits and Right-of-Way
Documents with William D. Engbretson Revocable Family Trust for the Griffin Drive and
Manley Road Street and Stormwater Improvements Project
20220405_Engbretson_ROW Agreements for City Signature.pdf
H.11 Authorize the City Manager to Sign a Professional Services Agreement Between the City
of Bozeman and CPS HR Consulting for the Recruitment of Finance Director and
Community Development Director Positions
Professional Services Agreement - Finance Director & Community Development
Director.docx.pdf
H.12 Authorize the City Manager to Sign a Professional Services Agreement for Construction
Oversight and Project Management of the Yellowstone Fiber Project
PSA Engineering_Fiber Buildout March 11 2022 V2.pdf
H.13 Authorize the City Manager to Sign a Professional Services Agreement with MSI, LLC for
Records Scanning and Destruction Project
22- PSA - MSI, LLC - Records Scanning and Destruction Services.docx
Exhibit A - Scope of Work.pdf
H.14 Authorize City Manager to Sign First Amendment to Professional Service Agreement
with Morrison Maierle for Structural Assessments at the Swim Center
Professional Services Agreement First Amendment - Morrison Mairle - Swim Center
Structural Assessments.pdf
H.15 Authorize the City Manager to Sign a Task Order 3 with Walker Consultants for Services
Provided Under the Term Contract Relating to the Creation of an Employee Parking
Program in Downtown Bozeman
City of Bozeman Task 3 EPP Proposal_Updated.pdf
H.16 Authorize the City Manager to Sign a Task Order DTN22-01 with Sanderson-Stewart for
Structure Parking Feasibility Analysis Phase 3
URD Task Order DTN22-001 Complete 031422.pdf
H.17 Resolution 5388 Intent to Create a Special Improvement Lighting District 772 for
Blackwood Groves
Resolution 5388-Intent to Create SILD 772.docx
Exhibit A-Blackwood Groves.pdf
Exhibit B-Blackwood Groves.pdf
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H.18 Resolution 5393 Authorizing Change Order 1 with Highland Construction for Front Street
Connector TOP Project
Resolution 5393 Change Order No 1 with Highland Construction for Front Street
Connector.docx
15022.02_ChangeOrder_1.pdf
H.19 Ordinance 2100 Final Adoption Recognizing and Designating June 19th as Juneteenth
National Freedom Day, Designating June 19th as the Local Juneteenth Holiday,
Replacing the Term Columbus Day with Indigenous Peoples' Day, and Designating the
Friday after Thanksgiving as the Local Indigenous Peoples' Day Holiday
Ord. 2100.pdf
H.20 Ordinance 2101 Final Adoption Authorizing the City Manager to Sign a Purchase and
Sale Agreement for the Sale and Conveyance of Fire Station 1
Adoption_Ordinance_2101_Sale_of_FS1.docx
PSA Fire Station1 Sale 3 23 22 w STR restrictions FINAL.pdf
00:08:01 Public Comment Opportunity
00:08:33 Marilee Brown - Public Comment
Marilee Brown chose to not give public comment.
00:09:07 Marcia Kaveney - Public Comment
Marcia Kaveney chose to not give public comment.
00:09:56 Motion I move to approve consent items 1-3, 5-18 and 20 as submitted.
I-Ho Pomeroy: Motion
Terry Cunningham: 2nd
00:10:07 Vote on the Motion to approve I move to approve consent items 1-3, 5-18 and 20 as submitted.
The Motion carried 5 - 0
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
I) 00:10:22 Consent II: Items Acted Upon Without Prior Unanimous Approval
I.1 Ordinance 2107 Final Adoption of the 2021 W. Lamme Street Zone Map Amendment to
Amend 0.978 Acres from R-4 Residential High Density District to B-3 Downtown Business
District at 215 W. Lamme, 217 W. Lamme, and 216 N. 3rd Avenue, Application 21356
Ordinance 2107.pdf
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ZMA Map_24X36.pdf
00:09:19 Public Comment Opportunity
00:11:00 Motion I move to approve consent II item 1.
Terry Cunningham: Motion
Jennifer Madgic: 2nd
00:11:12 Vote on the Motion to approve I move to approve consent II item 1. The Motion carried 3 - 2
Approve:
Cyndy Andrus
Terry Cunningham
Christopher Coburn
Disapprove:
I-Ho Pomeroy
Jennifer Madgic
J) 00:11:30 Public Comment
00:12:28 Heather Grenier - Public Comment
Heather Grenier of HRDC commented in favor of Resolution 5384.
00:14:02 Eleanor Cornish - Public Comment
Eleanor Cornish commented in favor of Resolution 5384.
00:15:36 Carson Taylor - Public Comment
Carson Taylor commented in favor of Resolution 5384.
00:17:08 Phyllis Bach - Public Comment
Phyllis Bach commented in favor of Resolution 5384.
00:17:36 Glen Monahan - Public Comment
Glen Monahan commented in opposition of Resolution 5384.
00:21:36 Danielle Rogers - Public Comment
Danielle Rogers commented in favor of Resolution 5384.
00:24:08 Leona Riddleson - Public Comment
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Leona Riddleson commented in favor of Resolution 5384.
00:28:24 Mary Wictor - Public Comment
Mary Wictor commented on the Strong Towns Event taking place at City Hall on April 6th.
00:30:28 Marcia Kaveney - Public Comment
Marcia Kaveney commented on the rate of high density approval throughout Bozeman and provided
ideas for solutions to the Commission.
00:34:13 Danika Comey - Public Comment
Danika Comey spoke in favor of Resolution 5384.
00:34:52 Amy Strader - Public Comment
Amy Strader spoke in favor of Resolution 5384.
K) 00:37:06 Mayoral Proclamation
Mayor Andrus presented the Equal Pay Day Proclamation.
K.1 Equal Pay Day
L) 00:43:48 Special Presentation
L.1 Equal Pay Day Report
Equal Pay Day and City Progress Report 2022.pdf
Special Presentation - Equal Pay Report.pdf
Human Resources Director Cassandra Tozer presented the Equal Pay Day Report to the Commission.
M) 00:52:21 Action Items
M.1 00:52:26 The West University Properties Annexation and Initial Zoning
Application 21409 Requesting Annexation of 97.26 Acres and Amendment to the City
Zoning Map for the Establishment of a Zoning Designation of B-2M (Community
Business-Mixed District) on 50.4 Acres and REMU (Residential Emphasis Mixed-Use
District) on 48.13 Acres
21409 West Uni Annx-ZMA CC SR.pdf
00:52:30 Staff Presentation
City Planner Tom Rogers entered the staff report and applicant submittal to the record and presented
Application 21409, West University District Annexation and Zone Map Amendment.
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01:02:38 Questions of Staff
01:11:16 Applicant Presentation
Barry Brown of West University, LLC introduced the project and provided background information on
the property.
Rob Pertzborn of Intrinsik Architecture presented the West University Project to the Commission.
01:17:55 Questions of Applicant
01:23:40 Public Comment Opportunity
No public comment requests.
01:25:05 Motion Recommended City Commission Annexation 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 for application 21409 and move to approve the West
University Properties Annexation.
Jennifer Madgic: Motion
Christopher Coburn: 2nd
01:24:51 Discussion
01:28:45 Vote on the Motion to approve Recommended City Commission Annexation 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 for application 21409 and move to
approve the West University Properties Annexation. The Motion carried 5 - 0
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
01:29:00 Motion Recommended City Commission Zoning 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 21409
and move to approve the West University Properties Zone Map Amendment.
Jennifer Madgic: Motion
Christopher Coburn: 2nd
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01:29:38 Discussion
01:38:50 Vote on the Motion to approve Recommended City Commission Zoning 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 21409 and move to approve the West University Properties Zone Map Amendment. The
Motion carried 5 - 0
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
M.2 01:39:03 The Lumberyard Zone Map Amendment to the City Zoning Map to
Rezone Approximately 12 Acres From B-2 (Community Business District) to B-2M
(Community Business District-Mixed) Including Adjacent Street Right of Way, Site is
Located North of Patrick Street and West of N. 11th Avenue, Application 21458
21458 Lumberyard ZMA Staff Report CC.pdf
01:39:10 Staff Presentation
City Planner Chris Saunders entered the staff report and application materials into the record and
presented Application 21458, Lumberyard Zone Map Amendment.
01:41:18 Questions of Staff
01:42:44 Applicant Presentation
Property owner Rob Latinier introduced the Lumberyard Zone Map Amendment project to the
Commission.
Lee Elder with SMA Architects presented the LUmberyard Zone Map Amendment project to the
Commission.
01:48:58 Questions of the Applicant
01:52:08 Public Comment Opportunity
No public comment requests.
01:52:42 Motion Having reviewed and considered the staff report, application materials, public
comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt
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the findings presented in the staff report for application 21458 and move to approve the Lumberyard
Zone Map Amendment, with contingencies required to complete the application processing.
Christopher Coburn: Motion
I-Ho Pomeroy: 2nd
01:52:59 Discussion
01:58:40 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 21458 and move to approve the
Lumberyard Zone Map Amendment, with contingencies required to complete the application processing.
The Motion carried 5 - 0
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
M.3 01:58:54 Adoption of Resolution 5355 and Provisional Adoption of Ordinance
2096 the Riverside Annexation and Zone Map Amendment Annexing Approximately
57.9 Acres and Establishing Initial Zoning of R-1, Residential Low Density, R-2,
Residential Moderate Density, and R-4 Residential High Density, Located North of the E.
Gallatin River and on Either Side of Spring Hill Road, Application 21426
21426 Riverside Properties Annx-ZMA SR CC Apr 5 final.pdf
Resolution 5355 Riverside Annexation final.pdf
Resolution 5355 Exhibits A&B.pdf
Riverside Annexation Extension of Servcies Plan 1.28.2022 21426.pdf
Ordinance 2096 Riverside ZMA 21426.pdf
Ordinance 2096 Zoning Exhibit Map.pdf
01:58:58 Staff Presentation
City Planner Chris Saunders entered the staff report and application materials to the record and
presented Application 21426, The Riverside Annexation and Zone Map Amendment to the Commission.
02:03:43 Questions of Staff
02:06:38 Applicant Presentation
Gene Gaines, resident of the Riverside community, introduced the Riverside Annexation to the
Commission on behalf of the Riverside Property Residents.
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Kevin Johnson of Dowell Engineering presented the Riverside Annexation project to the Commission.
02:19:28 Questions of the Applicant
02:21:55 Public Comment Opportunity
No public comment requests.
02:22:38 Motion Recommended Annexation 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 for application 21426 and move to adopt Resolution 5355 the Riverside
Annexation, subject to satisfaction of all terms including those listed in Section 2 of Resolution 5355, and
authorize the City Manager to execute all documents and easements necessary to complete the
annexation process.
I-Ho Pomeroy: Motion
Terry Cunningham: 2nd
02:23:16 Discussion
02:29:52 Vote on the Motion to approve Recommended Annexation 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 for application 21426 and move to adopt Resolution 5355
the Riverside Annexation, subject to satisfaction of all terms including those listed in Section 2 of Resolution
5355, and authorize the City Manager to execute all documents and easements necessary to complete the
annexation process. The Motion carried 5 - 0
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
02:30:27 Motion Recommended Zoning 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 21426 and move to
provisionally adopt Ordinance 2096 the Riverside Annexation Zone Map Amendment.
I-Ho Pomeroy: Motion
Terry Cunningham: 2nd
02:30:44 Discussion
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02:32:16 Vote on the Motion to approve Recommended Zoning 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 21426
and move to provisionally adopt Ordinance 2096 the Riverside Annexation Zone Map Amendment. The
Motion carried 5 - 0
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
M.4 02:32:26 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
02:32:52 Motion I move to continue item M.4 Carroll on Main Zone Map Amendment to April 12th.
Terry Cunningham: Motion
Jennifer Madgic: 2nd
02:33:03 Vote on the Motion to approve I move to continue item M.4 Carroll on Main Zone Map
Amendment to April 12th. The Motion carried 5 - 0
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
M.5 02:33:16 Resolution 5384 Establishing the City of Bozeman as a City for CEDAW
(Convention on the Elimination of Discrimination Against Women)
Resolution 5384.pdf
02:33:18 Staff Presentation
Community Engagement Coordinator Dani Hess presented Resolution 5384 to the Commission.
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02:35:54 Questions of Staff
02:47:18 Public Comment Opportunity
02:47:42 Patti Steinmuller - Public Comment
Ms. Steinmuller commented in favor of Resolution 5384.
02:49:00 Jan Strout - Public Comment
Ms. Strout commented in favor of Resolution 5384.
02:53:54 Motion Adopt Resolution 5384 Establishing the City of Bozeman as a City for CEDAW
(Convention on the Elimination of Discrimination Against Women)
Jennifer Madgic: Motion
Christopher Coburn: 2nd
02:53:57 Discussion
03:09:08 Vote on the Motion to approve Adopt Resolution 5384 Establishing the City of Bozeman as a City
for CEDAW (Convention on the Elimination of Discrimination Against Women). The Motion carried 5 - 0
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
N) 03:09:21 FYI / Discussion
City Manager Mihelich informed the Commission that in the past months the Commission has approved
hundreds of units to be built.
Commissioner Madgic informed the Commission that Chuck Marone from Strong Towns will be giving a
talk in the City Commission Room on April 6th.
O) 03:10:50 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.
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___________________________________
Cynthia L. Andrus
Mayor
ATTEST:
___________________________________
Mike Maas
City Clerk
PREPARED BY:
___________________________________
Taylor Chambers
Deputy City Clerk
Approved on: April 26, 2022
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