The URL can be used to link to this page

Home My WebLink About11-15-22 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, Tuesday, November 15, 2022 Page 1 of 8 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, November 15, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Excused: None Staff Present at the Dias: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Taylor Chambers A) 00:02:35 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:02:38 Pledge of Allegiance and a Moment of Silence C) 00:03:26 Changes to the Agenda D) 00:03:35 FYI Mayor Andrus reminded the public about the "Can the Griz" food drive for the HRDC food bank and challenged Mayor Hess to wear Bobcat gear if Bozeman wins the football game and commented that she will wear Griz gear if Missoula wins the game. Commissioner Madgic congratulated the MSU Men's Cross Country Team as they are heading to nationals this year. Deputy Mayor (DM) Cunningham commented on water conservation and how seriously the Commission is taking water conservation and sustainability. CM Mihelich commented about the aggressive campaign regarding Lyman Creek, gave a history about Lyman Creek, highlighting the City's water rights to the Creek and commented that allegations that the Commission is dewatering Lyman Creek are not true. CM Mihelich also informed the public about the implementation of the Streets Are For Everyone (SAFE) plan that the City has rolled out recently through the Engage Bozeman Website. DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, Tuesday, November 15, 2022 Page 2 of 8 E) 00:15:00 Commission Disclosures F) 00:15:06 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize the City Manager to Sign a Notice of Award to O'Keefe Drilling Company for the Municipal Groundwater Test Wells Project and Final Contract Documents Once Received Certified Bid Tab.pdf COB_GW Test Wells Bid Award - RESPEC Recommend Letter_10-26-2022.pdf NOA from COB Municipal Groundwater Test Wells_Contract Docs and Construction Specs r4b.pdf F.3 Authorize the City Manager to Sign a Notice of Award to Summitt Forests, Inc. for Phase 3 of the Sourdough Fuels Reduction Project and Final Contract Documents Once Received Certified Bid Tab.pdf Notice of Award.pdf F.4 Authorize the City Manager to sign a Sewer and Water Pipeline and Access Easement and Agreement with Longshot Equity, LLC for the Cherry Creek Mixed Use Site Plan (22016) Sewer and Water Pipeline and Access Easement and Agreement F.5 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with Rosa Johnson Development for the Boulder Creek Apartments Site Plan Phase 1 (19021) Conditional Irrevocable Offer of Dedication F.6 Authorize the City Manager to Sign the Infrastructure Reimbursement Agreement with NWX, LLC and WH Bozeman NWX 358, LLC for Lowering the Existing Trunk Sewer Main in Baxter Lane City of Bozeman Infrastructure Reimbursement Agreement for Baxter Sewer(2906096.2) 10.25.22.docx F.7 Authorize the City Manager to Sign a Hold Harmless Agreement with L&S Properties, LLC for the Oak & Cottonwood Apartments (21379) Hold Harmless Agreement F.8 Authorize City Manager to Sign a Contract Renewal with Granicus for the Engage Bozeman Community Engagement Platform MT_Bozeman MT_Q-237566_2022OCT21.pdf F.9 Authorize the City Manager to Authorize the City Manager to Sign a Professional Services Agreement in the Amount of $33,612 with Greenspace Landscaping Inc. to Complete Parking Lot and Landscaping Improvements for the Final Section of the North Black Pocket Park in Downtown PSA Greenspace November 2022 North Black Pocket Park.pdf Est_3137_from_Greenspace_Landscaping_Inc._27280.pdf F.10 Authorize City Manager to sign First Addendum with All Valley Landscape Services LLC., for Snow Removal Services at Public Safety Center Professional Services Agreement - 1st Addendum - All Valley Landscape Services LLC - Snow Removal Service at Public Safety Center.pdf 1st Addendum - Exhibit A Scope of Work - All Valley Landscaping Services -Snow Removal at Bozman Public Safety Center.pdf F.11 Authorize City Manager to Sign a First Addendum with Maintenance Pro, for Snow Removal Services at Public Safety Condo DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, Tuesday, November 15, 2022 Page 3 of 8 Professional Services Agreement - 1st Addendum - Maintenance Pro - Snow Removal Service at Public Safety Condo.pdf F.12 Resolution 5404 Adoption of the West University Properties Annexation Agreement to Annex Approximately 95.65 Acres Located Northwest of the Intersection of South 19th Avenue and Stucky Road and Authorize the City Manager to Sign Public Street and Utility Easements, Application 21409 21409 West University Annex Resolution 5404.pdf 21409 West University Annex Agreement 8-12-2022.pdf Stucky Road Easement.pdf West Kagy easement.pdf West University Annexation Map 2-16-22.pdf F.13 Resolution 5440 Adoption of the Silo Annexation to Annex Approximately 125.265 Acres Located Northwest of the Intersection of Davis Lane and East Valley Center Road, and Authorize the City Manager to Sign the Annexation Agreement and Related Easements, Application 21442 Resolution 5440 Silo Annexation.pdf 6916002-Annexation Map 100622 signed.pdf Exhibit B - MDT Road Plans 235-1(6)5.pdf 21422 Annexation Agreement - signed.pdf 21422 Davis Lane Easement - signed.pdf 21422 Multiuse Path Easement - signed.pdf F.14 Resolution 5453, the Yellowstone Montessori Academy Annexation, Annexation of 1705 W Kagy Blvd, Application 22121 Resolution 5453 YMA Annexation.pdf 220340 ANNX Map-10.23.2022.pdf F.15 Ordinance 2115, Provisional Adoption of the West University Properties Zone Map Amendment to Establish Initial Zoning of 48.98 Acres of B-2M and 47.9 Acres of REMU in Conjunction with the West University Properties Annexation Located Northwest of the Intersection of South 19th Avenue and Stucky Road; Application 21409 21409 West University ZMA Ordinance 2115.pdf West University ZMA 2-16-22.pdf F.16 Ordinance 2122, Provisional Adoption of the Silo Annexation Zone Map Amendment to Establish Initial Zoning of Residential Emphasis Mixed Use (REMU) on Approximately 125.265 Acres Located Northwest of the Intersection of Davis Lane and E. Valley Center Road, Application 21422 Ordinance 2122 Silo Annexation ZMA.pdf 6916002-ZMA Map Amendment 100622 signed.pdf Exhibit B - MDT Road Plans 235-1(6)5.pdf F.17 Ordinance 2128, Final Adoption of Yellowstone Montessori Academy Zone Map Amendment, 1625 and 1705 W. Kagy Blvd to Adopt Zoning of R-4 Residential High Density Residential, Application 22121 Ordinance 2128 YMA Annexation ZMA.pdf 220340 Zone Map-10.23.2022..pdf F.18 Ordinance 2129, Provisional Adoption, Thomas Drive Zone Map Amendment to Rezone Two Parcels from R-4 (Residential High Density) to REMU (Residential Emphasis Mixed Use) on 15.037 Acres, Application 22094 22094 Thomas Drive ZMA Ordinance 2129.pdf 010 Thomas Drive Zone Map Amendment-24x36.pdf DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, Tuesday, November 15, 2022 Page 4 of 8 00:15:37 Public Comment Opportunity 00:16:21 Motion to approve I move to approve consent items 1-18 as submitted. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 00:16:32 Vote on the Motion to approve I move to approve consent items 1-18 as submitted. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:16:35 Consent II: Items Acted Upon Without Prior Unanimous Approval G.1 Ordinance 2127, Provisional Adoption of The Block 104 Zone Map Amendment Requesting Amendment of the City Zoning Map for a City Block Bounded by Tamarack Street on the North, Front Street to the East, Wallace on the West, and Aspen Street on the South Consisting of Approximately 3.554 Acres and the Accompanying Adjacent Right-of-way from M-1 (Light Manufacturing) to B-2M (Community Business District – Mixed), Application 22100 22100 Block 104 ZMA Ordinance 2127.pdf 001 BLOCK 104 ZMA MAP 8X11.pdf 00:16:42 Motion to approve I move to approve Consent item II item 1 as submitted. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 00:16:52 Vote on the Motion to approve I move to approve Consent item II item 1 as submitted. The Motion carried 4 - 1. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: Christopher Coburn DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, Tuesday, November 15, 2022 Page 5 of 8 H) 00:16:55 Public Comment 00:18:03 Chandler Dayton, Public Comment Chandler commented on the UDC update on Sustainability. 00:21:08 Siri Gilliland, Public Comment Siri commented on Lyman Creek. 00:24:29 Lance Gilliland, Public Comment Lance commented on Lyman Creek. 00:27:45 Marcia Kaveney, Public Comment Marcia commented on Lyman Creek. 00:31:04 George Goldsmith, Public Comment George commented on Lyman Creek. 00:33:43 Jason Delmue, Public Comment Jason commented on the Walker Subdivision Annexation. 00:36:38 Timothy Haley, Public Comment Timothy commented on Lyman Creek. I) 00:39:40 Action Items I.1 00:39:41 Walker Subdivision Annexation of 2.05 Acres Plus the Adjacent Rights- of-way and Zone Map Amendment of the City Zoning Map for the Establishment of a Zoning Designation of R-3 (Residential Medium Density District), Application 22125 22125 Walker Sub Annex-ZMA CC SR.pdf 00:39:50 Staff Presentation Planner Tom Rogers entered the staff report, applicant submittal and all public comment to the record and presented the Walker Subdivision Annexation to the Commission. 00:50:45 Questions of Staff 01:19:37 Applicant Presentation Marlana Saddack with Synergy Engineering and Consulting provided additional information regarding the annexation application to the Commission. DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, Tuesday, November 15, 2022 Page 6 of 8 01:22:00 Questions of the Applicant 01:26:02 Public Comment Opportunity 01:26:21 Marilee Brown, Public Comment Marilee commented with suggestions for the annexation for language for a frontage pathway. 01:29:35 Betty Strope, Public Comment Betty commented on the need for a frontage pathway. 01:33:00 Ralph Zimmer, Public Comment Ralph commented with suggestions for a pathway project to be included in the requirements for the buildout of the project. 01:37:25 Staff Rebuttal CM Mihelich provided a response to the public comment, pointing out to the Commission that the application before them is for an annexation, not a site plan. 01:44:21 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 22125 and move to approve the Walker Subdivision Annexation, with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 01:45:09 Discussion 02:01:08 Motion to amend To add "the property owner understands that the City of Bozeman may, in the future, put in a shared use path in front of or adjacent to this property." Christopher Coburn: Motion Jennifer Madgic: 2nd 02:02:23 Discussion 02:02:50 Vote on the Motion to amend To add "the property owner understands that the City of Bozeman may, in the future, put in a shared use path in front of or adjacent to this property." The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, Tuesday, November 15, 2022 Page 7 of 8 I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:03:09 Discussion 02:11:28 Motion to approve To continue the item to December 20th, 2022 Terry Cunningham: Motion Jennifer Madgic: 2nd 02:11:30 Vote on the Motion to approve To continue the item to December 20th, 2022 The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J) 02:11:52 Work Session J.1 02:11:53 Model Property Owner's Association (POA) Covenants Work Session 02:11:55 Staff Presentation Economic Development Specialist Jesse DiTommaso presented the Model Property Owner's Association Covenants to the Commission. 02:22:16 Discussion 03:07:53 Public Comment Opportunity 03:08:06 Marcia Kaveney, Public Comment Marcia Kaveney commented with suggestions for model covenants. J.2 03:11:40 UDC Project - Review and Advise Regarding the Update to the Unified Development Code, Chapter 38, Bozeman Municipal Code to Address Potential Changes to Standards Relating to Sustainability, Application 21381 DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, Tuesday, November 15, 2022 Page 8 of 8 11-15-2022 Work Session cover memo.pdf 03:14:40 Staff Presentation Community Development Director Anna Bentley introduced Jen Gardner of Logan Simpson. Jen Gardner Presented the sustainability work session to the Commission. 03:27:05 Discussion 03:53:55 Public Comment Opportunity 03:54:28 Lilly McLane, Public Comment Lilly commented on water sustainability. 03:57:33 Emily Talago, Public Comment Emily commented in support of urban agriculture. K) 03:58:50 FYI / Discussion DM Cunningham asked for clarification on the accusation of the diversion of Lyman Creek. L) 03:59:53 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