HomeMy WebLinkAbout09-13-22 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, Tuesday, September 13, 2022
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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
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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
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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
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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
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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
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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
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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
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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
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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
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assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).Commission
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Friday at 10 a.m. and Sunday at 2 p.m.