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HomeMy WebLinkAbout12-20-22 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, Tuesday, December 20, 2022 Page 1 of 11 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, December 20, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Christopher Coburn Absent: None Excused: Jennifer Madgic Staff Present at the Dais: City Manager (CM) Mihelich, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Taylor Chambers. A)00:01:47 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B)00:01:50 Pledge of Allegiance and a Moment of Silence C)00:02:40 Changes to the Agenda Cm Mihelich informed the Commission that the applicant for the Ferguson Farms action items have requested for the items to be continued to March. D) 00:02:50 Authorize Absence D.1 Authorize the Absence of Commissioner Madgic 00:03:01 Motion I move to authorize the absence of Commissioner Madgic. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 00:03:05 Vote on the Motion to approve I move to authorize the absence of Commissioner Madgic. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy DocuSign Envelope ID: 6090EA2B-C2AE-4E29-AA40-F6F30385478E Bozeman City Commission Meeting Minutes, Tuesday, December 20, 2022 Page 2 of 11 Christopher Coburn Disapprove: None E) 00:03:15 FYI DM Cunningham informed the public on behalf of Commissioner Madgic that there will be an event in association with gallatin valley earth day at the Emerson on January 6th at 7pm. DM Cunningham also informed the Commission that there has been a legislator located that is willing to take a bill for the plastics ban as well as one for red light cameras. CM Mihelich informed the public that the Commission has been in contact with HRDC regarding members of the public that are experiencing homelessness and how people can be kept safe during the freezing weather that we are experiencing. F) 00:06:05 Commission Disclosures G) 00:06:12 Approval of Minutes G.1 Approve the regular meeting minutes from: August 16, 2022 August 23, 2022 September 20, 2022 September 27, 2022 October 4, 2022 October 18, 2022 October 25, 2022 November 1, 2022 November 15, 2022 November 22, 2022 08-16-22 City Commission Meeting Minutes.pdf 08-23-22 City Commission Meeting Minutes.pdf 09-20-22 City Commission Meeting Minutes.pdf 09-27-22 City Commission Meeting Minutes.pdf 10-04-22 City Commission Meeting Minutes.pdf 10-18-22 City Commission Meeting Minutes.pdf 10-25-22 City Commission Regular Meeting Minutes.pdf 11-01-22 City Commission Meeting Mintues.pdf 11-15-22 City Commission Meeting Minutes.pdf 11-22-22 City Commission Regular Meeting Minutes.pdf 00:06:32 Motion I move to approve the minutes as submitted. I-Ho Pomeroy: Motion Christopher Coburn: 2nd DocuSign Envelope ID: 6090EA2B-C2AE-4E29-AA40-F6F30385478E Bozeman City Commission Meeting Minutes, Tuesday, December 20, 2022 Page 3 of 11 00:06:39 Vote on the Motion to approve I move to approve the minutes as submitted. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: None H) 00:06:42 Consent H.1 Accounts Payable Claims Review and Approval H.2 Approve City Manager Jeff Mihelich's Merit Increase to Base Salary H.3 Authorize The City Manager To Sign The Grant Award Commitment Letter From The 2022 State Homeland Security Program FY22 State Homeland Security Program Grant Award Letter FY22 State Homeland Security Program Award Packet H.4 Authorize the City Manager to Sign a Notice of Award to Omdahl Excavation and Utilities Inc. for Construction of the 2022 N 7th Avenue Water Renovations Project 14-NoticeOfAward.doc Bid Worksheet.pdf Bid Tab.pdf H.5 Authorize the City Manager to Sign a Professional Architectural Services Agreement with WSB & Associates Inc. for design of the Southwest Montana Veterans Cemetery at Sunset Hills Cemetery Attachment A PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT WSB Associates Inc..pdf H.6 Authorize the City Manager to sign a Professional Services Agreement with TD&H Engineering for concrete crack monitoring in the Bridger Parking Garage Exhibit A-City of Bozeman-Crack Monitoring Scope.pdf Profession Services Agreement with TD&H Engineering for Concrete Crack Monitoring in the Bridger Parking Garage.docx H.7 Authorize the City Manager to sign the Amendment to Professional Services Agreement with Burns & McDonnell for Rate Study of the Solid Waste Operations 21- Professional Services Agreement PSA Amendment Solid Waste Rate Study Exhibit A H.8 Authorize City Manager to sign Amendment No. 2 with Morrison Maierle for the Cottonwood Road Improvements from Oak Street to Baxter Lane project. Cottonwood PSA Amendment 2 V2.pdf H.9 Resolution 5463, a Resolution of the City Commission of the City of Bozeman, Montana, Confirming the Appointment of Police Officers in Accordance withMontana Code Annotated 7-32-4108 and 7-32-4113. Commission Resolution 5463.pdf H.10 Resolution 5467 authorizing Change Order No. 2 with CK May Excavating, Inc. for the Bozeman Sourdough Water Transmission Main, Phase 2 Project. DocuSign Envelope ID: 6090EA2B-C2AE-4E29-AA40-F6F30385478E Bozeman City Commission Meeting Minutes, Tuesday, December 20, 2022 Page 4 of 11 Resolution 5467.pdf Sourdough Transmission Main Phase 2 Change Order 2.pdf H.11 Resolution 5469 Certification of Delinquent City Assessments to the County Resolution 5469-Certification of Delinquent 1st half-FY23.docx Notice of Certification of Delinquent 1st half Assessments-FY23.docx H.12 Resolution 5470 Declaring Support for Legislation by the 2023 Montana Legislature Restoring to Local Governments the Power to Ban Single Use Plastics, or in the Alternative, for Legislation by the 2023 Montana Legislature Banning Certain Single Use Plastics Resolution 5470 Support for Plastic Ban.docx Cm Mihelich highlighted items H.3 and H.5 00:08:28 Public Comment Opportunity 00:08:49 Heidi Noise, Public Comment Heidi commented in support of Resolution 5470. 00:11:46 John Meyer, Public Comment John commented in favor of Resolution 5470. 00:12:34 Isaac Cheek, Public Comment Isaac commented in favor of Resolution 5470. 00:13:31 Kathy Powell, Public Comment Kathy commented in favor of Resolution 5470. 00:15:43 Motion I move to approve consent items 1-12 as submitted. Christopher Coburn: Motion Terry Cunningham: 2nd 00:15:48 Vote on the Motion to approve I move to approve consent items 1-12 as submitted. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: None DocuSign Envelope ID: 6090EA2B-C2AE-4E29-AA40-F6F30385478E Bozeman City Commission Meeting Minutes, Tuesday, December 20, 2022 Page 5 of 11 I) 00:15:50 Public Comment 00:16:52 Benjamin Finnegan, Public Comment Benjamin commented in opposition of short term rentals. 00:19:59 Emily Lochelle, Public Comment Emily provided public comment on behalf of Bau Savage in opposition of short term rentals. 00:22:17 Jax Ebzusky, Public Comment Jax commented in opposition of short term rentals. 00:25:07 Kaylie Hoosier, Public Comment Kaylie commented in opposition of short term rentals. 00:27:32 Kate Koontz, Public Comment Kate commented on behalf of Marion Henderson in opposition of short term rentals. 00:30:17 Bill Gould, Public Comment Bill commented in opposition of short term rentals. 00:33:56 Theota Kelsey, Public Comment Theota commented in opposition of short term rentals. 00:36:45 Zac Geheart, Public Comment Zac commented in opposition of short term rentals. 00:39:49 James Dufsey , Public Comment James commented in opposition of short term rentals. 00:42:33 Giselle Mogano Mires "Elle" , Public Comment Elle commented in opposition of short term rentals. 00:45:34 Ken McMann, Public Comment Ken commented in opposition of short term rentals. 00:48:35 Steve Moore, Public Comment DocuSign Envelope ID: 6090EA2B-C2AE-4E29-AA40-F6F30385478E Bozeman City Commission Meeting Minutes, Tuesday, December 20, 2022 Page 6 of 11 Steve commented on the need for more houses in the City and commented in opposition of banning short term rentals. 00:52:01 Maluli Lemos, public Comment Maluli commented in opposition of short term rentals. 00:54:50 John Meyer, Public Comment John commented in opposition of short term rentals. 00:56:09 June Saverud, Public Comment June commented in favor of Resolution 5470. 00:59:07 Barla Beaudoin, Public Comment Barla commented in opposition of short term rentals. J) 01:01:39 Special Presentation J.1 Belonging in Bozeman - Equity & Inclusion Plan Quarterly Update 01:01:50 Staff Presentation Community Engagement Coordinator Dani Hess presented the Belonging in Bozeman Quarterly Update. K) 01:16:40 Action Items K.1 01:16:41 Continue the MSU Innovation Campus Growth Policy Amendment to Amend the Future Land Use Map from Public Institutions to Regional Commercial and Services on Approximately 42 Acres Located Southwest of the Intersection of College Street and S. 23rd Avenue, Application 22282 to February 28, 2023 01:17:03 Motion I move to continue the public hearing for review of application 22282 to February 28, 2023. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 01:17:14 Vote on the Motion to approve I move to continue the public hearing for review of application 22282 to February 28, 2023. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham DocuSign Envelope ID: 6090EA2B-C2AE-4E29-AA40-F6F30385478E Bozeman City Commission Meeting Minutes, Tuesday, December 20, 2022 Page 7 of 11 I-Ho Pomeroy Christopher Coburn Disapprove: None K.2 01:17:10 Decision on the 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 continued from November 15, 2022 22125 Walker Sub Annex-ZMA CC SR.pdf 01:17:14 Staff Presentation City Attorney Greg Sullivan presented the continuation of the public hearing for the Walker Subdivision and Zone Map Amendment. 01:32:31 Questions of Staff 02:04:42 Questions of Applicant 02:05:24 DCC Chambers re-stated the motion that was made at the November 15, 2022 Meeting 02:05:24 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 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. The property owner understands that the City of Bozeman may, in the future, put a shared use path in front of or adjacent to this property. I-Ho Pomeroy: Motion Christopher Coburn: 2nd 02:06:30 Discussion 02:13:23 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 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. The property owner understands that the City of Bozeman may, in the future, put a shared use path in front of or adjacent to this property. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn DocuSign Envelope ID: 6090EA2B-C2AE-4E29-AA40-F6F30385478E Bozeman City Commission Meeting Minutes, Tuesday, December 20, 2022 Page 8 of 11 Disapprove: None 02:13:34 Motion Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 22125 and move to approve the Walker Subdivision Zone Map subject to contingencies required to complete the application processing. I-Ho Pomeroy: Motion Christopher Coburn: 2nd 02:14:22 Discussion 02:16:20 Vote on the Motion to approve Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 22125 and move to approve the Walker Subdivision Zone Map subject to contingencies required to complete the application processing. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: None K.3 02:16:22 Nexus Point Major Subdivision Preliminary Plat, to Create 11 Lots Located at 3747 S. 19th Avenue, Application 22246 22246 Nexus Point PP CC Staff Report.pdf 22246 Nexus Point Preliminary Plat.pdf V3.pdf 22246 Nexus Point PP CC Memo.docx 02:16:32 Staff Presentation Senior Planner Susana Montana presented Application 22246 to the Commission. 02:22:44 Questions of Staff 02:23:24 Applicant Presentation Eric Greensag with Madison Engineering, presented application 22246 to the Commission. 02:27:06 Questions of the Applicant 02:32:30 Public Comment Opportunity DocuSign Envelope ID: 6090EA2B-C2AE-4E29-AA40-F6F30385478E Bozeman City Commission Meeting Minutes, Tuesday, December 20, 2022 Page 9 of 11 02:33:09 Motion Having heard and considered all application materials, staff recommendation, planning board recommendation, and public comment I move to approve application 22246 with conditions and code corrections as identified in the staff report. Christopher Coburn: Motion Terry Cunningham: 2nd 02:33:14 Discussion 02:38:29 Vote on the Motion to approve Having heard and considered all application materials, staff recommendation, planning board recommendation, and public comment I move to approve application 22246 with conditions and code corrections as identified in the staff report. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: None K.4 02:38:33 Approval of the Ferguson Farms II Preliminary Planned Unit Development (P-PUD) 19028 FF II P PUD CC memo.pdf 19028 FF II P PUD CC staff rpt.pdf Attachment 1 Applicant Narrative.pdf FF II P PUD - Relaxations & Justifications.pdf FF II Design Manual draft 07 14 22.pdf FF II P PUD Relaxation Graphic.pdf FF II P PUD landscape Plan.pdf Skybridge Vista Exhibit.pdf 02:39:07 Motion I move to continue the Ferguson Farms II Preliminary Planned Unit Development, Application 19028 to March 7, 2023 Terry Cunningham: Motion I-Ho Pomeroy: 2nd 02:39:28 Vote on the Motion to continue I move to continue the Ferguson Farms II Preliminary Planned Unit Development, Application 19028 to March 7, 2023 The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn DocuSign Envelope ID: 6090EA2B-C2AE-4E29-AA40-F6F30385478E Bozeman City Commission Meeting Minutes, Tuesday, December 20, 2022 Page 10 of 11 Disapprove: None K.5 02:39:23 Ferguson Farms II Major Subdivision Preliminary Plat 19027 FF II PP CC staff rpt.pdf 001 Preliminary Plat Page 1.pdf 002 Preliminary Plat Page 2.pdf 003 Preliminary Plat Page 3.pdf 004 Preliminary Plat Page 4.pdf Attachment 1 Applicant Narrative 089 26 22.pdf 02:39:34 Motion I move to continue Ferguson Farms II Major Subdivision Preliminary Plat application 19027 to March 7, 2023. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 02:39:46 Vote on the Motion to continue I move to continue Ferguson Farms II Major Subdivision Preliminary Plat application 19027 to March 7, 2023. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: None L) 02:39:46 Appointments L.1 02:39:47 Appointments to the City-County Board of Health Matthew Madsen.pdf Danika Comey.pdf Danny Aune.pdf William Garner.pdf 02:39:48 Public Comment Opportunity 02:40:19 Motion I move to appoint Matthew Madsen to a term ending June 2023 and Danika Comey to a term ending June 2024 to the Gallatin City County Board of Health. Christopher Coburn: Motion Terry Cunningham: 2nd DocuSign Envelope ID: 6090EA2B-C2AE-4E29-AA40-F6F30385478E Bozeman City Commission Meeting Minutes, Tuesday, December 20, 2022 Page 11 of 11 02:40:37 Vote on the Motion to approve I move to appoint Matthew Madsen to a term ending June 2023 and Danika Comey to a term ending June 2024 to the Gallatin City County Board of Health. The Motion carried 4 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: None M) 02:40:34 FYI / Discussion Commissioner Pomeroy requested an update from CM Mihelich on work the City is doing regarding short term rentals. N)02:43:39 Adjournment ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Taylor Chambers Deputy City Clerk ___________________________________ Cynthia L. Andrus Mayor DocuSign Envelope ID: 6090EA2B-C2AE-4E29-AA40-F6F30385478E