HomeMy WebLinkAbout11-01-22 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, Tuesday, November 1, 2022
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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
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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
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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
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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
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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
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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
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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
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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
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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
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