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HomeMy WebLinkAbout09-13-22 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, Tuesday, September 13, 2022 Page 1 of 9 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, September 13, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Staff Present at the Dias: City Manager (CM) Jeff Mihelich, Assistant City Attorney (ASA) Anna Saverud, Deputy City Clerk (DCC) Taylor Chambers A) 00:02:58 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:03:04 Pledge of Allegiance and a Moment of Silence C) 00:03:49 Changes to the Agenda D) 00:03:55 FYI Commissioner Pomeroy informed the Commission of an email that she had received earlier today. Deputy Mayor Cunningham informed the public that the Sustainability Board would be meeting on Wednesday, the 14th at 6pm Mayor Andrus reminded the public of the ribbon cutting for the Bozeman Public Safety Center (BPSC) on Friday. CM Mihelich spoke about the ribbon cutting for BPSC for Friday, informed the public that swim center repairs are under way with a hopeful reopen date of Monday, October 3 and introduced Communications and Engagement Manager Takami Clark to the Commission. E) 00:08:32 Commission Disclosures F) 00:08:37 Approval of Minutes F.1 Approve the regular meeting minutes from: July 12, 2022 Bozeman City Commission Meeting Minutes, Tuesday, September 13, 2022 Page 2 of 9 July 19, 2022 July 26, 2022 August 2, 2022 August 9, 2022 07-12-22 City Commission Meeting Minutes.pdf 07-19-22 City Commission Meeting Minutes.pdf 07-26-22 City Commission Meeting Minutes.pdf 08-02-22 City Commission Meeting Minutes.pdf 08-09-22 City Commission Minutes.pdf 00:08:48 Motion I move to approve the regular meeting minutes from July 12th through August 9th. Terry Cunningham: Motion Christopher Coburn: 2nd 00:08:59 Vote on the Motion to approve I move to approve the regular meeting minutes from July 12th through August 9th. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:09:09 Consent G.1 Accounts Payable Claims Review and Approval G.2 Authorize the City Manager to Sign a Grant Agreement with One Valley Community Foundation for Investment in the Regional Housing Coalition One Valley Regional Housing Committee Grant Agreement final.pdf G.3 Authorize the City Manager to Sign Grant Agreement with El Mercadito for Reimbursement of Infrastructure Upgrades in the Midtown Tax Increment Financing District Resolution 5087 Authorizing the Midtown Urban Renewal District TIF Assistance Program.pdf Midtown_TIF_assistance_grant_agreement-_El_Mercadito_v2.pdf G.4 Approval of the Blackwood Groves Phases 1 and 9 Major Subdivision Final Plat to divide a 119.45 acre parcel into 68 single-household residential lots, 6 multi-household residential lots, 5 park lots, 4 common open space lots, 5 restricted development lots needing further subdivision review, and associated roads and public infrastructure. 001 Final Plat Map_Sheet 1_Certificates.pdf 002 Final Plat Map_Sheet 2_Overall.pdf 003 Final Plat Map_Sheet 3_NW Quarter.pdf 004 Final Plat Map_Sheet 4_NE Quarter.pdf Bozeman City Commission Meeting Minutes, Tuesday, September 13, 2022 Page 3 of 9 005 Final Plat Map_Sheet 5_Conditions of Approval and Notes.pdf 20447- Findings of Fact - Blackwood Groves PP.pdf 22058 Blackwood Groves Ph 1 & 9 FP Commission memo.pdf G.5 Approval of the Annie Phase 4 Major Subdivision Final Plat Revised Final Plat Sheet 1.pdf Revised Final Plat Sheet 2.pdf Revised Final Plat Sheet 3.pdf 22202 Annie Ph 4 FP staff report.docx 22202 Annie Ph 4 FP Commission Memo.docx Annie Ph 4 PP Findings of Fact Signed.pdf G.6 Authorize the City Manager to sign a Public Access Easement and a Water Pipeline and Access Easement and Agreement with Mitchell Development & Investments, LLC for the Site A Everhome Site Plan (21341) Public Access Easement Water Pipeline and Access Easement and Agreement G.7 Authorize the City Manager to sign a Release and Reconveyance of Easements, Releasing Document 2077892 with The State of Montana for the Bozeman Gateway Phase 5 Subdivision Final Plat (22145) Release and Reconveyance of Easements G.8 Authorize the City Manager to sign a Public Street and Utility Easement and a Utility Easement with Viviana Heluik for the 130 Flanders Mill Annexation (22043) Public Street and Utility Easement Utility Easement G.9 Authorize the City Manager to sign a Public Trail Corridor Easement and a Sewer and Water Pipeline and Access Easement and Agreement with TruNorth Properties LLC for the Autumn Grove Condominiums (21104) Public Trail Corridor Easement Sewer and Water Pipeline and Access Easement and Agreement G.10 Authorize the City Manager to sign a Sewer and Water Pipeline and Access Easement and Agreement with Dixson and Company Inc for the Cattail Duplexes Site Plan (20285) Sewer and Water Pipeline and Access Easement and Agreement G.11 Authorize the City Manager to sign a Sewer and Water Pipeline and Access Easement and Agreement and a Release and Reconveyance of Easement with Edward Balian for the Skylark Condos Site Plan (21391) Release and Reconveyance of Easement Sewer and Water Pipeline and Access Easement and Agreement G.12 Authorize the City Manager to sign a Sanitary Sewer Pipeline and Access Easement and Agreement with Blackwood Land Fund, LLC for the Cottages at Blackwood Groves (21421) Sanitary Sewer Pipeline and Access Easement and Agreement G.13 Authorize the City Manager to Sign a Utility Access Easement and Agreement with NorthWestern Energy in the Bozeman Sports Park for Underground Electric Service Underground Electric Easement- City of Bozeman (5).pdf G.14 Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with TruNorth Properties, LLC for the Autumn Grove Condominiums (21479) Conditional Irrevocable Offer of Dedication Bozeman City Commission Meeting Minutes, Tuesday, September 13, 2022 Page 4 of 9 G.15 Authorize the City Manager to Sign a Memorandum of Understanding with the Western Transportation Institute for the Transportation Demand Management Initiative Partnership for 2022 through 2024 MoU_TDM_WTI.docx G.16 Authorize the City Manager to sign a Joint Funding Agreement with the U.S. Geological Survey for the continued operation of the real-time streamflow gaging stations on the East Gallatin River and Hyalite Creek 23RSJFA005_00.pdf Bozeman FY23 20220714 bloving.xlsx G.17 Authorize the City Manager to Sign a Funding, Construction, and Maintenance Agreement with MDT for the North 7th Avenue and Griffin Drive intersection project. 20220913_N7th and Griffin_9312-CITY-AGREEMENT-FINAL_for Commission consent.pdf G.18 Authorize City Manager to Sign AIA Document B121 Master Agreement, and AIA Document B221 Service Order 1, and Future Service Orders within Budget for Community Engagement and Conceptual Design for the West Side Recreation and Aquatics Center and Library Branch. B121-2018 - West Side Campus - Phase 1 - Master Service Agreement.pdf B221-2018 - West Side Campus - Phase 1 - Service Order 1.pdf Exhibit A - West Side Campus - Phase 1 - Basic Scope of Work.pdf West Side Recreation and Aquatics Center and Library Branch Community Engagement and Conceptual Design Professional Architectural Services RFQ-RFP.pdf ThinkOne-AMD_Bozeman West Side Recreation, Aquatics Center and Library_Qualifications.pdf G.19 Authorize City Manager to Sign an Agreement for Services with The Community Design Center, Montana State University School of Architecture for the Bozeman Midtown Project N 7th _AGREEMENT FOR SERVICES.docx G.20 Authorize the City Manager to Sign a Guaranteed Maximum Price Amendment No. 2 to the Construction Contract for the Library Renovation Project. Guaranteed Maximum Price Amendment No. 2 for Public Library.pdf G.21 Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with 915 Building Partners, LLC for the Flooring Place Warehouse Site Plan (21354) Conditional Irrevocable Offer of Dedication G.22 Authorize the City Manager to sign Task Order #EDD22-02 for on-call Miscellaneous Parking Services to be billed on a Time and Materials Basis URD Task Order Form EDD22-002.docx Sanderson_Stewart_Charge_Out_Rates_2022.pdf G.23 Authorize City Manager to Sign a Professional Services Agreement with Ingram- Clevenger, Inc. for Facilities Projects Public Service Agreement - Ingram-Clevenger - General Contractor Services.pdf G.24 Authorize the City Manager to sign a Professional Services Agreement with Montana Outdoor Science School to Implement Year Two of a Direct Student Engagement Pilot Program in Bozeman Public Schools Utilizing the Bozeman Water Conservation and Stormwater Management Educator Guide Professional Services Agreement_MOSS_09_2022.pdf Scope of Services_MOSS Direct Student Engagement Pilot Program_Year Two.pdf Direct Student Engagement Pilot Program Year One Summary & Results.pdf Bozeman City Commission Meeting Minutes, Tuesday, September 13, 2022 Page 5 of 9 G.25 Authorize City Manager to Sign Professional Service Agreement with Journal Technologies for case management software for the City Attorney's Office eProsecutor Online Agreement - Final G.26 Authorize the City Manager to Sign Amendment 2 to the Professional Services Agreement with Sanderson Stewart for the Kagy Boulevard Signal Analysis and Pedestrian Hybrid Beacon Design Project 20220817_Kagy_HAWK_ Amendment 2.pdf 20220817_Kagy_HAWK_Amendment 2_SOW.pdf G.27 Authorize the City Manager to Sign a Fourth Amendment to the Professional Services Agreement with MacDonald Consulting as assigned to Central House Strategies for Lobbying Services Fourth PSA Amendment for lobbying services with Central House Strategies.docx G.28 Resolution 5386 to annex approximately 2.29 acres near Baxter Lane and Harper Puckett Road, and Authorize the City Manager to Sign the Annexation Agreement, Application 18240 Resolution 5386 Rainbow Creek ANNX.pdf 18240 Annexation Agreement.pdf Order Re Motion For Summary Judgement.pdf G.29 Resolution 5442 Consenting to Haven's Sale of its Current Shelter Location to Assist in Paying the Costs of Constructing a New Shelter Adjacent to the Bozeman Pond Park Resolution 5442 HAVEN consent to property sale 8 22 22.docx Attachment A to Res 5442 Haven deed for CC 9 13 22.pdf G.30 Ordinance 2104 Provisional Adoption to Repeal and Replace Division 38.430 Planned Unit Development with a New Planned Development Zone Process and Amend 24 Related Sections of the Bozeman Municipal Code, Application 22133 Ordinance 2104 Planned Unit Development - Final Adoption 9-13-2022.pdf G.31 Ordinance 2103, Provisional Adoption of the Rainbow Creek Zone Map Amendment, Giving an Initial Designation of R-4, Residential High Density District, On Approximately 2.29 Acres Near Baxter Lane and Harper Puckett Road, in Association with Annexation Application 18240 Ordinance 2103 Rainbow Creek ANNX Zoning.pdf Rainbow Creek Annexation and Zoning Map.pdf Order Re Motion For Summary Judgement.pdf City Manager (CM) Mihelich highlighted consent items: PSA with Think One, G.19, and G.24 00:11:47 Public Comment Opportunity 00:11:56 Erika Coyle Erika Coyle Executive Director of Haven commented thanking the Commission for approving the Consent item to allow Haven to sell their current shelter. 00:13:55 Motion I move to approve consent items G.1 through G.31 as submitted. Christopher Coburn: Motion Jennifer Madgic: 2nd Bozeman City Commission Meeting Minutes, Tuesday, September 13, 2022 Page 6 of 9 00:14:05 Vote on the Motion to approve I move to approve consent items G.1 through G.31 as submitted. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H) 00:15:00 Consent II: Items Acted Upon Without Prior Unanimous Approval H.1 Resolution 5441, Heritage Christian School Annexation to Annex Approximately 13.58 Acres at 4310 Durston Road, Application 22170 Resolution 5441 HCS Annexation.pdf HCS Signed AA.pdf H.2 Ordinance 2125 Provisional Adoption, Heritage Christian School Annexation Zone Map Amendment to Establish an Initial Municipal Zoning of R3, Residential Medium Density District, On 13.58 Acres at 4310 Durston Road, Application 22170 Ordinance 2125 HCS ZMA.pdf 00:14:25 Motion I move to approve consent items H.1 and H.2 as submitted. Christopher Coburn: Motion Jennifer Madgic: 2nd 00:14:27 Vote on the Motion to approve I move to approve consent items H.1 and H.2 as submitted. The Motion carried 4 - 1 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: Christopher Coburn I) 00:15:06 Consent III: Items Acted Upon Without Prior Unanimous Approval I.1 Ordinance 2105 Provisional Adoption, Repeal Division 38.380, Affordable Housing, and Amend Associated Standards and Replace With a New Division 38.380 Affordable Housing Text Amendment, Application 22133 Ordinance 2105 38.380 Affordable Housing - Final Adoption 9-13-2022.pdf 00:14:41 Motion I move to approve consent item I.1 as submitted. Bozeman City Commission Meeting Minutes, Tuesday, September 13, 2022 Page 7 of 9 Christopher Coburn: Motion Jennifer Madgic: 2nd 00:14:47 Vote on the Motion to approve I move to approve consent item I.1 as submitted. The Motion carried 4 - 1 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: Jennifer Madgic J) 00:15:16 Public Comment 00:15:39 Darcel Vaughn Gallatin Rest Home Administrator, Darcel Vaughn, informed the Commission about the County mil levy that will be on the election ballot for the rest home. 00:18:12 Nicole Madden Nicole Madden with Bozeman Health expressed gratitude to the City for the City's award of $325,000 in 2020 in order to develop psychiatric emergency services. K) 00:20:24 Action Items K.1 00:20:27 Approve the Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development (P-PUD) application for the 58 acre Site. 22244 Billings Clinic P PUD Commission memo.pdf 22244 Billings P PUD CC staff rpt.pdf Attachment A Billings Clinic Bozemanm Prelim PUD Document and Guidelines-08 19 22.pdf 00:21:31 Staff Presentation Senior Planner Susana Montana presented Application 22244 Billings Clinic Preliminary Planned Unit Development (PPUD) to the Commission. 00:41:38 Questions of Staff 01:13:50 Applicant Presentation The applicant team presented the Billings Clinic Project to the Commission Bozeman City Commission Meeting Minutes, Tuesday, September 13, 2022 Page 8 of 9 01:25:53 Questions of Applicant 01:38:59 Public Comment Opportunity No public comments 01:39:33 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 22244 and move to recommend approval of the Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development application with the additional relaxation that allows housing of all types as a principal use Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 01:40:45 Discussion 01:48:24 Vote on the Motion to approve 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 22244 and move to recommend approval of the Billings Clinic Bozeman Medical Campus Preliminary Planned Unit Development application with the additional relaxation that allows housing of all types as a principal use. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None L) 01:49:35 Work Session L.1 01:49:24 UDC Project - Review and Advise Regarding the Update to the Unified Development Code, Chapter 38, Bozeman Municipal Code to Address Formatting and Structure, Application 21381 01:49:26 Introduction CM Mihelich introduced the UDC Project work session Interim Director of Community Development Anna Bentley introduced the consultants on the UDC project and outlined a timeline and goals for the project. 01:57:03 Consultant Presentation Bozeman City Commission Meeting Minutes, Tuesday, September 13, 2022 Page 9 of 9 Code Studio presented recommended changes for the UDC project to the Commission 02:15:30 Questions of Consultant Team 03:00:24 Public Comment Opportunity 03:00:45 Discussion L.2 03:08:09 Legislative Priorities for the 68th (2023) Session of the Montana State Legislature City Commission--Legislative Priorities Draft Work Session.doc Legislative Priorities 2023.pdf 03:08:31 Introduction CM Mihelich introduced the legislative priorities work session to the Commission 03:10:13 Work Session Presentation 03:31:04 Questions/Comments for Staff M) 04:00:12 FYI / Discussion N) 04:02:04 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.