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HomeMy WebLinkAbout04-05-22 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, 04-05-22 Page 1 of 14 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 DocuSign Envelope ID: D541B245-009E-48D3-AA13-EAD8ECE32B63 Bozeman City Commission Meeting Minutes, 04-05-22 Page 2 of 14 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 DocuSign Envelope ID: D541B245-009E-48D3-AA13-EAD8ECE32B63 Bozeman City Commission Meeting Minutes, 04-05-22 Page 3 of 14 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 DocuSign Envelope ID: D541B245-009E-48D3-AA13-EAD8ECE32B63 Bozeman City Commission Meeting Minutes, 04-05-22 Page 4 of 14 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 DocuSign Envelope ID: D541B245-009E-48D3-AA13-EAD8ECE32B63 Bozeman City Commission Meeting Minutes, 04-05-22 Page 5 of 14 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 DocuSign Envelope ID: D541B245-009E-48D3-AA13-EAD8ECE32B63 Bozeman City Commission Meeting Minutes, 04-05-22 Page 6 of 14 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. DocuSign Envelope ID: D541B245-009E-48D3-AA13-EAD8ECE32B63 Bozeman City Commission Meeting Minutes, 04-05-22 Page 7 of 14 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 DocuSign Envelope ID: D541B245-009E-48D3-AA13-EAD8ECE32B63 Bozeman City Commission Meeting Minutes, 04-05-22 Page 8 of 14 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 DocuSign Envelope ID: D541B245-009E-48D3-AA13-EAD8ECE32B63 Bozeman City Commission Meeting Minutes, 04-05-22 Page 9 of 14 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. DocuSign Envelope ID: D541B245-009E-48D3-AA13-EAD8ECE32B63 Bozeman City Commission Meeting Minutes, 04-05-22 Page 10 of 14 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 DocuSign Envelope ID: D541B245-009E-48D3-AA13-EAD8ECE32B63 Bozeman City Commission Meeting Minutes, 04-05-22 Page 11 of 14 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. DocuSign Envelope ID: D541B245-009E-48D3-AA13-EAD8ECE32B63 Bozeman City Commission Meeting Minutes, 04-05-22 Page 12 of 14 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. DocuSign Envelope ID: D541B245-009E-48D3-AA13-EAD8ECE32B63 Bozeman City Commission Meeting Minutes, 04-05-22 Page 13 of 14 ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Taylor Chambers Deputy City Clerk Approved on: April 26, 2022 DocuSign Envelope ID: D541B245-009E-48D3-AA13-EAD8ECE32B63 Bozeman City Commission Meeting Minutes, 04-05-22 Page 14 of 14 DocuSign Envelope ID: D541B245-009E-48D3-AA13-EAD8ECE32B63