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Home My WebLink About08-02-22 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, August 2, 2022 Page 1 of 13 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES August 2, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Staff Present at the Dais: City Manager (CM) Jeff Mihelich, Assistant City Attorney (ACA) Tim Cooper, City Clerk (CC) Mike Maas A) 00:04:27 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:07:18 Pledge of Allegiance and a Moment of Silence C) 00:08:06 Changes to the Agenda • There were no changes. D) Authorize Absence E) 00:08:14 FYI • DM Cunningham provided an update on the Governor's Task Force Subtask Force meeting on Local Authority on housing. • CM Mihelich provided an update on the repairs for the Swim Center that pre-design is complete and the scope of work is underway. F) 00:11:06 Commission Disclosures • DM Cunningham disclosed his recusal on Consent II. G) 00:11:20 Consent G.1 Accounts Payable Claims Review and Approval G.2 Appoint a Sub-committee of Two Commissioners to Review Pledged Securities as of June 30, 2022 Commission Memo - Pledged Securities - Appoint Sub-Committee 0622.doc Depository Bonds & Securities 0622.pdf Bozeman City Commission Meeting Minutes, August 2, 2022 Page 2 of 13 G.3 Authorize the City Manager to Sign Grant Award Agreement with Gallatin County for the Burke Park/Peet's Hill Expansion and Improvement Project Grant Award Agreement for Other Eligible Project_Burke Park Expansion (2).docx Exhibit A - City of Bozeman 2022 Gallatin County Open Space Grant.pdf G.4 Recommend Rejecting All Bids for the 2022 N 7th Avenue Water Renovations Project and Rebidding the Project at a Later Date Bid Sheet.pdf G.5 Authorize the City Manager to Sign a Utility Easement with L&S Properties, LLC for Oak and Cottonwood Phase 1 (21379) Utility Easement G.6 Authorize the City Manager to Sign a Utility Easement with 70 Bucks, LLC for the Alderson 5 Row Houses Site Plan (21164) Utility Easement G.7 Authorize the City Manager to Sign a Temporary Occupancy Permit with Montana Rail Link to Facilitate Exploratory Excavation and Inspection of an Existing Trunk Sewer Main Crossing the Railroad 300773 - Bozeman City of - TOP Unsigned Muni Form- 6-27-2022.pdf G.8 Authorize the City Manager to Sign a Professional Services Agreement with AE2S to Provide Preliminary Engineering Design Services for the Membrane Backwash Recycling and Sludge Handling Project at the City of Bozeman Water Treatment Plant Professional Service Agreement and Scope G.9 Authorize the Signature for the First Amendment to Professional Services Agreement with Mountain Time Arts for Enhancement of Bozeman Creek in the Downtown Area PSA Amendment MTA Bozeman Creek 6-22.pdf G.10 Authorize the City Manager to Sign a Professional Services Agreement with Altitude Training Associates, LLC for Contractor Training Services Contractor Training Services - PSA.pdf ATAScopeOfWorkStormWaterTraining.pdf G.11 Resolution 5435 Authorizing Prime Change Order 18 with Langlas and Associates for Construction of the Bozeman Public Safety Center BPSC Job No. 19426 Prime CO 18 signed STL.pdf Resolution_5435 CO18.docx 00:11:27 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:12:09 Public Comment There were no comments on the Consent Agenda. 00:12:43 Motion to approve Consent Items 1 - 11 as submitted. Terry Cunningham: Motion Christopher Coburn: 2nd 00:12:54 Vote on the Motion to approve Consent Items 1 - 11 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Bozeman City Commission Meeting Minutes, August 2, 2022 Page 3 of 13 Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H) 00:13:05 Consent II H.1 Authorize the City Manager to Sign a Heart of the Valley Shelter and Services Agreement FY23-FY25 Heart of the Valley Shelter and Services Agreement FY23-FY25.docx 00:13:09 Motion to approve Consent II item H.1 as submitted. Christopher Coburn: Motion Jennifer Madgic: 2nd 00:13:15 Vote on the Motion to approve Consent II item H.1 as submitted. The Motion carried 4 – 0. Approve: Cyndy Andrus I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None Recused: Terry Cunningham I) 00:13:25 Public Comment Mayor Andrus opened General Public comments. 00:14:51 Emilia Olsen, Public Comment Emilia Olsen commented on the Swim Center and aquatics operations. 00:16:41 Ingrid Olsen, Public Comment Ingrid Olsen commented on the Swim Center and aquatics operations. 00:17:51 Leif Sundeen, Public Comment Leif Sundeen commented on the Swim Center. 00:20:26 John Kiser, Public Comment John Kiser commented on the Swim Center. 00:23:29 Ashley Ogle, Public Comment Bozeman City Commission Meeting Minutes, August 2, 2022 Page 4 of 13 Ashley Ogle commented on the Swim Center 00:25:00 Justin Woodward, Public Comment Justin Woodward commented on the Swim Center and aquatics operations. 00:28:52 Dylan Gillespie, Public Comment Dylan Gillespie commented on the Swim Center and aquatics operations. 00:30:24 Hans Dersch, Public Comment Hans Dersch commented on aquatics operations. J) 00:33:54 Action Items J.1 00:34:02 1001 Thomas Drive Annexation, Application 22067, Requesting Annexation of 15.115 Acres and Zone Map Amendment of the City Zoning Map for the Establishment of a Zoning Designation of REMU (Residential Emphasis Mixed Use) 22067 1001 Thomas Annx-ZMA CC SR.pdf 00:34:13 Staff Presentation Senior Planner Tom Rogers entered the staff report, applicant submittal, and public comments into the record, presented the application's subject property, project vicinity, neighboring zoning, the annexation goals and policies, the zoning review criteria, the spot zoning findings, the recommendations, and that there were no public comments. 00:42:27 Questions of Staff 00:47:47 Applicant Presentation Perrin Raymond, with Madison Engineering representing the owner, provided a brief statement on the application. 00:49:52 Questions of the Applicant 00:52:08 Public Comment There were no public comments on this item. 00:52:38 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 22067 and move to approve the 1001 Thomas Drive Annexation, with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 00:53:13 Discussion 00:56:15 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 22067 and move to approve the 1001 Thomas Drive Annexation, with Bozeman City Commission Meeting Minutes, August 2, 2022 Page 5 of 13 recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 00:56:25 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 22067 and move to approve the 1001 Thomas Drive Zone Map subject to contingencies required to complete the application processing. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 00:57:01 Discussion 01:01:56 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 22067 and move to approve the 1001 Thomas Drive Zone Map subject to 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 J.2 01:02:08 6730 Davis Lane Annexation, Application 22020, Requesting Annexation of 10.071 Acres and Amendment City Zoning Map for the Establishment of a Zoning Designation of REMU (Residential Emphasis Mixed-Use District) 22020 6730 Davis Annx-ZMA CC SR.pdf 01:02:17 Staff Presentation Planner Rogers entered the staff report, the applicant submittal, and all public comments into the record. He presented the subject property, the project vicinity, the Future Land Use Map (FLUM) designation, adjacent zoning districts, other recent applications, implementing zoning districts, Bozeman City Commission Meeting Minutes, August 2, 2022 Page 6 of 13 annexation goals and policies, zoning review criteria, the spot zoning criteria, recommendations, and that there have been no public comments. 01:10:43 Questions of Staff 01:25:10 Applicant Presentation Dean Burgess, with Proof Architecture, representing the applicant presented the desire for REMU zoning and responded to Commission questions related to the commercial density and flexibility within the subject property. 01:28:53 Questions of Applicant 01:31:22 Public Comment There were no comments on this item. 01:31:57 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 22020 and move to approve the 6730 Davis Lane Annexation. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 01:32:29 Discussion 01:35:22 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 22020 and move to approve the 6730 Davis Lane Annexation. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 01:35:38 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 22020 and move to approve the 6730 Davis Lane Zone Map Amendment. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 01:36:13 Discussion Bozeman City Commission Meeting Minutes, August 2, 2022 Page 7 of 13 01:43:56 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 22020 and move to approve the 6730 Davis Lane Zone Map Amendment. The Motion carried 4 – 1. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: Christopher Coburn J.3 01:44:10 Continue Resolution 5406 Establishing Tree Maintenance District Assessments for FY2023 to August 9, 2022 01:44:28 Motion to adopt Resolution 5406 establishing a Tree Maintenance District Assessments for FY2023 to August 9, 2022. Terry Cunningham: Motion Christopher Coburn: 2nd 01:44:51 Vote on the Motion to continue Resolution 5406 establishing a Tree Maintenance District Assessments for FY2023 to August 9, 2022. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J.4 01:45:00 Resolution 5407 Establishing a Six Percent Change to Arterial and Collector Street Maintenance District Assessments for Fiscal Year 2023 Resolution 5407 Arterial-CollectorStreet Mtc Assessments FY23.docx 01:45:37 Staff Presentation Interim Finance Director Rachel Harlow-Schalk presented the resolution implementing the rate increase to operationalize the adopted budget. 01:48:07 Questions of Staff 01:49:46 Public Comment Bozeman City Commission Meeting Minutes, August 2, 2022 Page 8 of 13 There were no comments on this item. 01:50:16 Motion to adopt Resolution 5407 Establishing a 6% change in Arterial and Collector Street Maintenance Assessments for FY 2023, making the assessment rate $0.007417 per assessable square foot. Christopher Coburn: Motion Jennifer Madgic: 2nd 01:50:37 Discussion 01:51:55 Vote on the Motion to adopt Resolution 5407 Establishing a 6% change in Arterial and Collector Street Maintenance Assessments for FY 2023, making the assessment rate $0.007417 per assessable square foot. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J.5 01:52:05 Resolution 5408 Establishing a Six Percent Increase to Street Maintenance District Assessments for Fiscal Year 2023 Resolution 5408 Street Mtc Assessments FY23.docx 01:52:17 Staff Presentation Interim Finance Director Rachel Harlow-Schalk presented the resolution implementing the rate increase to operationalize the adopted budget. 01:54:42 Questions of Staff 01:55:40 Public Comment There were no comments on this item. 01:56:04 Motion to adopt Resolution 5408 establishing a 6% increase in Street Maintenance District Assessments for FY 2023, making the assessment rate $0.035100 per assessable square foot. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 01:56:31 Discussion Bozeman City Commission Meeting Minutes, August 2, 2022 Page 9 of 13 01:58:42 Vote on the Motion to adopt Resolution 5408 establishing a 6% increase in Street Maintenance District Assessments for FY 2023, making the assessment rate $0.035100 per assessable square foot. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J.6 01:58:54 Resolution 5409 Establishing a 15 Percent Change to Parks and Trails Maintenance District Assessments for Fiscal Year 2023 Resolution 5409 Parks Trails FY23 Assessment.docx 01:59:15 Staff Presentation Interim Finance Director Rachel Harlow-Schalk presented the resolution implementing the rate increase to operationalize the adopted budget. 02:02:13 Questions of Staff 02:03:03 Public Comment There were no comments on this item. 02:03:28 Motion to adopt Resolution 5409 Establishing a 15% change in Parks and Trails Maintenance District Assessments for FY 2023, making the assessment rate $0.026002 per assessable square foot. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 02:03:56 Discussion 02:06:03 Vote on the Motion to adopt Resolution 5409 Establishing a 15% change in Parks and Trails Maintenance District Assessments for FY 2023, making the assessment rate $0.026002 per assessable square foot. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None Bozeman City Commission Meeting Minutes, August 2, 2022 Page 10 of 13 J.7 02:06:13 Resolution 5427 Establishing Rates for Emergency Medical Services Transport COMMISSION RESOLUTION NO 5427 ESTABLISHING RATES FOR EMERGENCY MEDICAL SERVICES TRANSPORT.pdf EMS Transport Cost Recovery FY-23.pdf 02:06:26 Staff Presentation Fire Chief Josh Waldo presented the resolution establishing Emergency Medical Services transport fees, a background on the need for this cost recovery, the proposed rate schedule, the revenue will be collected by a third party vendor into a special revenue fund, and recommendation. 02:09:34 Questions of Staff 02:18:44 Public Comment Mayor Andrus opened this item for public comment. 02:19:00 Ralph Zimmer, Public Comment Ralph Zimmer commented on EMS transport service quality. 02:20:21 Motion to adopt Resolution 5427 establishing a rate schedule for for Emergency Medical Services Transport. Terry Cunningham: Motion Christopher Coburn: 2nd 02:20:33 Discussion 02:25:50 Vote on the Motion to adopt Resolution 5427 establishing a rate schedule for for Emergency Medical Services Transport. The Motion carried 4 – 1. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: Christopher Coburn 02:26:00 Recess Mayor Andrus called the meeting into recess. 02:35:15 Call to Order Mayor Andrus called the meeting back to order. K) 02:35:36 Work Session K.1 02:35:37 Fowler Avenue Connection Project Work Session Bozeman City Commission Meeting Minutes, August 2, 2022 Page 11 of 13 20220724_FINAL Fowler pre-design Staff Report.pdf 02:37:07 Staff Presentation Transportation and Engineering Director Nicholas Ross presented the Fowler Avenue Connection project. He presented project background, timeline, the purpose and need, design criteria, staff recommendation, what we heard, an overview of survey responses, environmental review, corridor analysis, intersection analysis, intersection conceptual layouts, typical and alternative sections, opinion of probable cost, and the Transportation Board resolution. 03:09:32 Questions of Staff 03:41:55 Public Comment Mayor Andrus opened public comments with the limitation of two minutes per speaker. 03:44:19 Ralph Zimmer, Public Comment Ralph Zimmer commented on the development of transportation plans and support for the project. 03:46:58 Sky Sterry, Public Comment Sky Sterry commented on the land required for the project. 03:47:39 Trisha Wookey, Public Comment Trisha Wookey commented on funding for the project, the cost projections, and in opposition to the project. 03:50:07 Jessica Gildea, Public Comment Jessica Gildea commented on a non-automotive trail alternative to the project. 03:52:22 Isaac Cheek, Public Comment Isaac Cheek commented on behalf of the Cottonwood Law Firm in opposition to the project for environmental concerns and water. 03:53:28 Phil Owlsey, Public Comment Phil Owlsey commented on encouraging walking by maintaining the trail and in opposition to the project. 03:55:43 Walker Askelson, Public Comment Walker Askelson commented in opposition to the project as unnecessary. 03:57:49 Daniel Carty, Public Comment Daniel Carty commented in opposition to the project as out of compliance with existing City Plans. 03:59:47 Molly Ward, Public Comment Molly Ward commented on community engagement moving forward, to tour the corridor, health and safety effects, 04:01:47 Michelle Laskowski, Public Comment Michelle Laskowski commented on a non-automotive trail alternative to the project. Bozeman City Commission Meeting Minutes, August 2, 2022 Page 12 of 13 04:02:51 Meeting Extended Mayor Andrus extended the meeting until 10:20 p.m. 04:02:58 Emily Kelly, Public Comment Emily Kelly commented in favor of the project to accept additional traffic from neighboring streets. 04:04:33 Pattie Dickerson, Public Comment Pattie Dickerson commented in opposition to the project as not compliant with the City's Climate Plan and in favor of an alternative trail. 04:06:44 Steve Kirchhoff, Public Comment Steve Kirchhoff commented on neighbors' active discussion and the City's engagement process and to consider the input. 04:09:07 Zehra Osman, Public Comment Zehra Osman commented in opposition to the project. 04:11:13 Jahnna Winter, Public Comment Jahnna Winter commented in opposition to the project. 04:13:34 Ted Wallace, Public Comment Ted Wallace commented in opposition to the project. 04:15:34 Marilee Brown, Public Comment Marilee Brown, Executive Director of Galla10 Alliance for Pathways and of Safer Bozeman, commented in favor of the project and supported two bike lane pathways and twelve foot driving lanes. 04:17:56 Christopher Nixon, Public Comment Christopher Nixon commented on concern for preserving the section line ditch. 04:20:38 Discussion 04:30:35 Meeting Extended Mayor Andrus extended the meeting until 10:40 p.m. 04:30:48 Discussion Continued 04:45:31 Meeting Extended Mayor Andrus extended the meeting until 11:00 p.m. 04:45:40 Discussion Continued 04:59:03 City Manager Summary L) 05:01:01 FYI / Discussion M) 05:01:07 Adjournment Bozeman City Commission Meeting Minutes, August 2, 2022 Page 13 of 13 ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: September 13, 2022