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HomeMy WebLinkAbout11-01-22 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, Tuesday, November 1, 2022 Page 1 of 10 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, November 1, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic Absent: None Excused: Christopher Coburn Staff Present at the Dias: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Taylor Chambers A) 00:01:17 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:01:20 Pledge of Allegiance and a Moment of Silence C) 00:02:07 Changes to the Agenda Mayor Andrus pulled item K.1 stating that more time is needed for review of applicants. D) 00:02:50 Authorize Absence D.1 Authorize the Absence of Commissioner Coburn 00:03:02 Motion I move to authorize the absence of commissioner Christopher Coburn. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:03:08 Vote on the Motion to approve I move to authorize the absence of commissioner Christopher Coburn. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, Tuesday, November 1, 2022 Page 2 of 10 Disapprove: None E) 00:03:16 Public Service Announcements E.1 City offices will be closed on November 8, for Election Day, and November 11, for Veterans' Day. There will be no City Commission meeting on November 8, 2022. These are not garbage holidays and pickup will be on your regularly scheduled day. F) 00:03:39 FYI Deputy Mayor (DM) Cunningham informed the public of the passing of Buzzard Wilder. Mayor Andrus informed the public that there have been delays in getting ballots out, and that community members can go to the county website for more information on how they can vote. CM Mihelich reminded the public that they are responsible for shoveling snow from their sidewalks. CM Mihelich also informed the public that the Building Our Future Together engagement opportunity is on the Engage Bozeman website. Finally, CM Mihelich recognized Assistant City Manager Chuck Winn's 38 year anniversary and Water Reclamation Facility Manager Thom Radcliffe's 35 year anniversary. G) 00:06:18 Commission Disclosures H) 00:06:23 Consent H.1 Accounts Payable Claims Review and Approval H.2 Approval of Depository Bonds and Pledged Securities as of September 30, 2022 21- Depository Bonds and Securities - As of 12-31-2021.pdf H.3 Formal Cancellation of the November 8, 2022 Regular City Commission Meeting H.4 Authorize the City Manager to sign a Sewer and Water Pipeline and Access Easement and Agreement with MJN Properties, LLC for the Nahorniak Commons Master Site Plan (22034) Sewer and Water Pipeline and Access Easement and Agreement H.5 Authorize the City Manager to Sign a Professional Services Agreement with GroundPrint, LLC for the Affordable Housing Graphic and Communication Materials Affordable Housing Educatioal Materials PSA.pdf Affordable Housing Graphics Scope of Service.pdf H.6 Authorize the City Manager to Sign an Addendum to the Services Agreement with Civicplus, Formerly Municode, for Online Municipal Code Hosting and Additional Contracted Services MT - Bozeman - CS - LR SOW - 10202022.pdf Bozeman MT Municode Codification SaaS SOW.092022.pdf H.7 Authorize the City Manager to Sign a First Amendment to the Professional Services Agreement with Clean Slate Group, LLC. for Snow Removal and Maintenance Services in the Parks and Trails District Attachment A PSA Amendment 1 Clean Slate Group LLC. Snow Removal Services.pdf Attachment B PSA Clean Slate Group, LLC. Snow Removal Services.pdf DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, Tuesday, November 1, 2022 Page 3 of 10 H.8 Authorize the City Manager to Sign a First Amendment to a Professional Services Agreement with Greenspace Landscaping for Snow Plowing Services in the Garage PSA Amendment Grenspace October 2022.docx H.9 Authorize the City Manager to Sign a Second Amendment to the Professional Services Agreement for Software License, Equipment, and Service Agreement with Passport Labs, LLC PSA Amendment Passport Minuteman Contract October 2022.docx H.10 Resolution 5449 Authorizing Change Order 1 with CK May Excavating, Inc. for the Bozeman Sourdough Water Transmission Main, Phase 2 Project Sourdough Transmission Main, Phase 2 - Change Order No. 1.pdf Resolution 5449.doc H.11 Resolution 5452 Authorizing Prime Change Order 19 with Langlas and Associates for Construction of the Bozeman Public Safety Center Resolution_5452 CO19.docx BPSC Job No. 19426 Prime CO 19 rev1.pdf 00:06:37 Public Comment Opportunity 00:07:15 Motion I move to approve consent items 1-11. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 00:07:23 Vote on the Motion to approve I move to approve consent items 1-11. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None I) 00:07:28 Public Comment 00:08:25 Marilee Brown, Public Comment Marilee Brown commented on Transportation. J) 00:11:42 Action Items J.1 00:11:43 Ordinance 2128 and Resolution 5453, the Yellowstone Montessori Academy Annexation and Zone Map Amendment for Amendment on 0.67 Acres from R2 to R4 and Initial Zoning of R4 on 0.87 Acres, 1625 and 1705 W Kagy Blvd, and Annexation of 1705 W Kagy Blvd, Application 22121 DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, Tuesday, November 1, 2022 Page 4 of 10 22121 Yellowstone Montessori Annx-ZMA CC SR.pdf 22121 YMA Annexation Agreement - signed.pdf 220340 ANNX Map-10.13.2022.pdf 22121 1625 Street Easement - signed.pdf 22121 1625 Utility Easement - signed.pdf 22121 1705 Utility Easement - signed.pdf 22121 1705 Street Easement - signed.pdf Ordinance 2128 YMA Annexation ZMA - Provisional Adoption.pdf 220340 Zone Map-10.23.2022..pdf 00:11:52 Staff Presentation Senior Planner Tom Rogers entered the staff report, applicant submittal and public comment to the record and presented the Yellowstone Montessori Academy Zone Map Amendment and Annexation application to the Commission. 00:16:20 Questions of Staff 00:19:22 Applicant Presentation Laura Dornberger with Locati Architects provided supplemental information to the staff presentation Property owner, Constance Dratz, presented the Yellowstone Montessori Annexation to the Commission. 00:23:55 Questions of the Applicant 00:26:57 Public Comment Opportunity 00:27:40 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 22121 and move to adopt Resolution 5453, the Yellowstone Montessori Academy Annexation, and authorize the City Manager to sign the annexation agreement and associated easements. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:28:09 Discussion 00:29:57 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 22121 and move to adopt Resolution 5453, the Yellowstone Montessori Academy Annexation, and authorize the City Manager to sign the annexation agreement and associated easements. The Motion carried 4 - 0. Approve: Cyndy Andrus DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, Tuesday, November 1, 2022 Page 5 of 10 Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None 00:30:10 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 22121 and move to provisionally adopt Ordinance 2128, the Yellowstone Montessori Academy Zone Map Amendment. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:30:36 Discussion 00:34:10 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 22121 and move to provisionally adopt Ordinance 2128, the Yellowstone Montessori Academy Zone Map Amendment. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None J.2 00:34:15 The Cloverleaf zone map amendment requesting amendment of the City Zoning Map for a city block bounded by East Cottonwood Street, Ida Avenue, East Peach Street, and Plum Avenue consisting of approximately 3.1995 acres and the accompanying adjacent right-of way from NEHMU (Northeast Historic Mixed Use) to B- 2M (Community Business District Mixed). 22218 Cloverleaf ZMA CC SR.pdf 00:34:17 Staff Presentation Senior Planner Tom Rogers presented the Cloverleaf Zone Map Amendment to the Commission. 00:42:23 Questions of Staff 01:15:44 Applicant Presentation DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, Tuesday, November 1, 2022 Page 6 of 10 Chris Naumann of Sanderson Stewart introduced the applicant team to the Commission and provided a presentation to the Commission. Mike Meagrans of Outlaw Real Estate Partners provided additional information about the applicant to the Commission. 01:26:12 Questions of Applicant 01:45:42 Public Comment Opportunity 01:46:04 Josh Fairchild, Public Comment Josh Fairchild commented with traffic concerns in the neighborhood. 01:49:31 Loell Springer, Public Comment Loell Springer commented with concerns on the application. 01:51:31 Chandler Dayton, Public Comment Chandler Dayton commented with concerns about the application. 01:55:31 Staff/Applicant Opportunity for Rebuttal 01:55:57 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 22218 and move to recommend approval of the Cloverleaf Zone Map Amendment, with contingencies required to complete the application processing. Terry Cunningham: Motion Jennifer Madgic: 2nd 01:56:30 Discussion CA Sullivan recommended a change to the motion as the word "recommend" was incorrectly included in the motion language provided to the Commission. 02:05:14 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 22218 and move to approve the Cloverleaf Zone Map Amendment, with contingencies required to complete the application processing. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:05:43 Discussion DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, Tuesday, November 1, 2022 Page 7 of 10 02:18:44 Vote on the Motion to amend 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 22218 and move to approve the Cloverleaf Zone Map Amendment, with contingencies required to complete the application processing. The Motion tied 2 - 2. Approve: Terry Cunningham I-Ho Pomeroy Disapprove: Cyndy Andrus Jennifer Madgic Mayor Andrus informed the public of what happens in the instance of a tied vote. CA Sullivan informed the Commission that the hearing as well as the public comment period for this item has closed. Commissioner Coburn may, at the discretion of the presiding officer, ask questions of staff before casting a vote at the subsequent hearing of the action item. 02:20:48 Motion I move to continue the Cloverleaf application 22218 to November 22nd, 2022 Terry Cunningham: Motion Jennifer Madgic: 2nd 02:20:59 Vote on the Motion to approve I move to continue the Cloverleaf application 22218 to November 22nd, 2022 The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None J.3 02:21:54 Resolution 5450 A Resolution Adopting the City of Bozeman's Legislative Priorities for the 68th Session of the Montana State Legislature _City of Bozeman Legislative Policy 2023 v2.pdf Resolution 5450 ADOPTING THE CITY OF BOZEMAN'S LEGISLATIVE PRIORITIES FOR THE 68TH SESSION OF THE MONTANA STATE LEGISLATURE.docx 02:21:55 Staff Presentation Economic Development Program Manager Mike Veselik presented the City of Bozeman Priorities for the 68th Montana Legislature. 02:46:34 Questions of Staff DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, Tuesday, November 1, 2022 Page 8 of 10 03:03:24 Public Comment Opportunity 03:03:34 Marilee Brown, Public Comment Marilee Brown commented on the need for making safety a priority as well as adding an additional partner to the City's list. 03:05:23 Motion to approve I move to approve Resolution 5450 Adopting the City of Bozeman's Legislative Priorities for the 68th Session of the Montana State Legislature Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 03:05:41 Discussion 03:09:28 Motion to amend To recommend the motion with the following additions, recommending that they be categorized under "Public Safety": Municipal Control of Signalization, Municipal Control of Speed Limits on MDT controlled streets in our jurisdiction, discretion in setting vehicle fines, traffic fines, traffic violation fines and trying to advance the use of cameras at red lights. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 03:07:39 Discussion 03:12:28 Vote on the Motion to amend To recommend the motion with the following additions, recommending that they be categorized under "Public Safety": Municipal Control of Signalization, Municipal Control of Speed Limits on MDT controlled streets in our jurisdiction, discretion in setting vehicle fines, traffic fines, traffic violation fines and trying to advance the use of cameras at red lights. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None 03:12:45 Vote on the Motion to approve I move to approve Resolution 5450 Adopting the City of Bozeman's Legislative Priorities for the 68th Session of the Montana State Legislature The Motion carried 4 - 0. Approve: Cyndy Andrus DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, Tuesday, November 1, 2022 Page 9 of 10 Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None K) Appointments K.1 Appointments to the Downtown Urban Renewal District Board 06-15-22 - CAB Applications - CAB Application George (Jake) Van Dusen.pdf 06-14-22 - CAB Applications - CAB Application Cory Lawrence.pdf 05-26-22 - CAB Applications - CAB Application Nicholas Wickes.pdf L) 03:18:01 FYI / Discussion CM Mihelich thanked everyone for their work on the Legislative priorities. M) 03:18:43 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. ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Taylor Chambers Deputy City Clerk Approved on: December 20, 2022 DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, Tuesday, November 1, 2022 Page 10 of 10 DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9