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HomeMy WebLinkAbout02-27-24 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, February 27, 2024 Page 1 of 13 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES February 27, 2024 Present: Terry Cunningham, Joey Morrison, Jennifer Madgic, Christopher Coburn, Douglas Fischer Absent: None Excused: None Staff present at the Dias: Acting City Manager (ACM) Chuck Winn, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Alex Newby A) 00:22:33 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:23:52 Pledge of Allegiance and a Moment of Silence C) 00:24:40 Changes to the Agenda D) 00:24:51 FYI • Mayor Cunningham gave an FYI about the Cancer fundraiser I-Ho Pomeroy held. • ACM Chuck Winn announced that the Public may sign a memories book for I-Ho Pomeroy. E) 00:27:20 Commission Disclosures Commissioner Fischer put on the record that Jeff Poole is a colleague of Commissioner Fischer's Wife. DocuSign Envelope ID: 08C4041C-5D5B-4235-A48F-560600A4450B Bozeman City Commission Meeting Minutes, February 27, 2024 Page 2 of 13 DM Joey Morrison put on the record that he briefly met with the Swansons before assuming office. Mayor Cunningham disclosed that he is often in the Sundance Springs area. Sundance Springs community members have briefly broached the topic with Mayor Cunningham. Mayor Cunningham has received communications from Jefferey Poole, one in October 2020, about a future land use map designation not associated with this site. The other on August 20, 2022, stating his concerns about this project. There was no follow up to that and it came before the notice of appeal on 7/17/2023. F) 00:30:12 Consent F.1 Accounts Payable Claims Review and Approval F.2 Approval of depository bonds and pledged securities as of December 31, 2023. Depository Bonds & Securities 1223.doc F.3 Authorize the City Manager to Sign a Notice of Award with CK May Excavating for Construction of a Shared-Use Path along 5th Avenue from Tamarack Street to Oak Street and Related Improvements 5th_Ave_Trail_Notice_of_Award.pdf 5thAve_Bid_Recommendation_020224.pdf 5th Ave_Bid_Tab_020124.pdf F.4 Authorize the City Manager to sign the Gallatin County Fire Agency Mutual Aid Agreement Gallatin County Fire Mutual Aid Agreement .pdf F.5 Authorize the City Manager to Sign a Professional Services Agreement with Advanced Engineering and Environmental Services, LLC, for the Motor Control Center Replacement Project at the Water Reclamation Facility. AE2S PSA for WRF Motor Control Replacement Project_20240215.pdf F.6 Authorize City Manager to Sign Professional Services Agreements for Facilities Contractors Term Contracts - Fall Procurement Addition #1 PSA - Master Task Order - 3B Rehabilitation Services - Compiled.pdf PSA - Master Task Order - S Conley Support - Compiled.pdf F.7 Authorize the City Manager to Sign a Professional Services Agreement with G3, Green Gardens Group, LLC. for a Bozeman Watershed Wise Landscape Webinar Series Professional Services Agreement_G3_Water Wise Landscape Webinar Series 2024.pdf Exhibit A_G3_Scope of Services 2024 .pdf DocuSign Envelope ID: 08C4041C-5D5B-4235-A48F-560600A4450B Bozeman City Commission Meeting Minutes, February 27, 2024 Page 3 of 13 F.8 Authorize the City Manager to execute Task Order No. 2 of the Professional Services Master Task Order Agreement with the firm of AE2S providing engineering services for the following three sub-tasks at the City of Bozeman Water Treatment Plant: Hyalite Earthen Embankment Condition Investigation, WTP Pretreatment Basin Geometry Modifications, and WTP Fluoride Containment Access Improvements Task Order No. 2_WTP On-call Engineering PSA_AE2S.pdf F.9 Authorize the City Manager to Sign Amendment 1 to Professional Services Agreement with TD&H Engineering for Structural Special Inspections and Materials Testing for the Construction of Fire Station 2 PSA Amendment 1 - TD&H Engineering - Special Inspections and Materials Testing for Fire Station 2 Construction - Combined.pdf F.10 Authorize the City Manager to Sign Second Amendment to the Professional Services Agreement with Bozeman Site Services, LLC. for Landscape Maintenance Services in the Parks and Trails District Attachment A PSA Amendment 2 Bozeman Site Services LLC_.pdf Attachment B PSA Bozeman Site Services LLC..pdf F.11 Authorize the City Manager to Sign Amendment 1 to Architectural Services Agreement with A&E Design for Bozeman City Hall Renovation Amendment 1 - Architectural Services Agreement - A&E Design - City Hall Renovation GF370 - Compiled.pdf Architectural Services Agreement - A&E Design - City Hall Renovation GF370.pdf A&E Statement of Qualifications.pdf RFQ - Architect - City Hall Renovation.pdf F.12 Authorize City Manager to sign Amendment No. 3 to the Professional Services Agreement with Robert Peccia and Associates for the Sourdough Transmission Main Phase 2 Project. Amendment 3 Sourdough Transmission Main - Additional Work During Construction.pdf F.13 Resolution 5541 Modification of Special Improvement Lighting District 772 for Blackwood Groves to include all remaining phases. Resolution 5541-Modify SILD 772-Blackwood Groves.doc F.14 Resolution 5572 Creation of Special Improvement Lighting District 783, Phases A & C of Sundance Minor Subdivision Resolution 5572-Creation of SILD 783.doc 00:30:20 ACM Winn gave the Consent Agenda highlights DocuSign Envelope ID: 08C4041C-5D5B-4235-A48F-560600A4450B Bozeman City Commission Meeting Minutes, February 27, 2024 Page 4 of 13 00:31:10 Public Comment on Consent There were no comments on Consent. 00:32:30 Motion to approve Consent Items 1- 14 as submitted. Joey Morrison: Motion Jennifer Madgic: 2nd 00:32:38 Vote on the Motion to approve Consent Items 1- 14 as submitted. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None G) Consent II: Items Acted Upon Without Prior Unanimous Approval G.1 Resolution 5510, Adoption of the Gran Cielo II Annexation, Annexing Approximately 81.468 acres and Adjacent Rights-of-Way, Application 22090 22090 GC II Resolution 5510.pdf 010 Gran Cielo II Annexation Exhibit - 24x36.pdf 00:33:05 Motion to approve Consent II as submitted. Joey Morrison: Motion Jennifer Madgic: 2nd 00:33:12 Vote on the Motion to approve Consent II as submitted. The Motion carried 4 - 1. Approve: Terry Cunningham DocuSign Envelope ID: 08C4041C-5D5B-4235-A48F-560600A4450B Bozeman City Commission Meeting Minutes, February 27, 2024 Page 5 of 13 Joey Morrison Christopher Coburn Douglas Fischer Disapprove: Jennifer Madgic H) Consent III: H.1 Ordinance 2148, Provisional Adoption, Establishing a Zoning Designation of R-4, Residential High-Density District, and R-3, Residential Moderate Density District, in Association with the Annexation of 81.468 Acres, the Gran Cielo II Annexation, Application 22090 22090 GC II Ordinance 2148.pdf 011 Gran Cielo II Zone Map Amendment Exhibit - 24x36.pdf 00:33:31 Motion to approve Consent III as submitted: Joey Morrison: Motion Jennifer Madgic: 2nd 00:33:37 Vote on the Motion to approve Consent III as submitted. The Motion carried 4 - 1. Approve: Terry Cunningham Joey Morrison Christopher Coburn Douglas Fischer Disapprove: Jennifer Madgic I) 00:34:00 Public Comment 00:35:42 Angie Kociolek commented on the Kurk Street Urban Forest. DocuSign Envelope ID: 08C4041C-5D5B-4235-A48F-560600A4450B Bozeman City Commission Meeting Minutes, February 27, 2024 Page 6 of 13 00:38:56 Marcia Kaveney commented on Kurk Street Forest. 00:42:28 Daniel Carty commented on the Aspen/Cottonwood grove and creek at Sundance Springs. 00:45:16 Matt Payne commented on the City Manager Video. 00:48:05 Paul Fisk, President of Sundance Springs HOA commented documents from the Master Plan. 00:50:52 Paul Quinn, commented on the Sundance Springs Appeal. 00:54:52 Martha Lonner commented on the Sundance Springs Appeal. 00:57:40 Martha Lonner commented on behalf of Terry Lonner, her husband on the Sundance Springs Appeal. 01:02:01 John Mills commented on the Sundance Springs Appeal. J) 01:06:08 Action Items J.1 01:06:24 Cancellation of Public Hearing for Annexation and Zone Map Amendment Requesting Annexation and the Establishment of an Initial Zoning Designation of R-4 and R-5 on 81.468 Acres, the Baxter 80 Annexation, Application 23208 There was no public comment on the Cancellation 01:07:17 Motion to cancel the Public Hearing for Annexation and Zone Map Amendment Requesting Annexation and the Establishment of an Initial Zoning Designation of R-4 and R-5 on 81.468 Acres, the Baxter 80 Annexation, Application 23208 Jennifer Madgic: Motion Christopher Coburn: 2nd 01:07:54 Vote on the Motion to cancel the Public Hearing for Annexation and Zone Map Amendment Requesting Annexation and the Establishment of an Initial Zoning Designation of R- DocuSign Envelope ID: 08C4041C-5D5B-4235-A48F-560600A4450B Bozeman City Commission Meeting Minutes, February 27, 2024 Page 7 of 13 4 and R-5 on 81.468 Acres, the Baxter 80 Annexation, Application 23208 The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None J.2 01:08:20 Appeal 23214 of the Community Development Director's Conditional Approval of the Sundance Springs Subdivision, Phase 1B, Commercial Lot 2 Site Plan application 22047 Quasi-Judicial 23214 Sundance Springs Appeal staff report.pdf 01:09:51 ACM Winn introduced the Sundance Springs Action Item. 01:10:42 Staff Presentation Development Review Manager (DRM) Brian Krueger, presented the Conditional Approval of Sundance Springs Subdivision, Sundance Springs Site Plan, App 22047, Issues on Appeal, Procedural Issues, Substantive Issues, Missing Final PUD File, The Surviving Record, Final Site Plan and Master Plan, Application of 2022 code vs. 1998 code, Parking, Block Frontage Standards, Public Notice, Public Comment, Recommended Motion, Conclusion. 01:43:26 Questions of Staff 02:41:42 Mayor Cunningham called the meeting into recess 02:49:00 Mayor Cunningham called the meeting back into order 02:49:27 Appellant Presentation Rob Ferris-Olsen, Legal Representative of Jeffrey Poole and Nancey Swanson, introduced Jeffrey Poole and the appeal at hand. DocuSign Envelope ID: 08C4041C-5D5B-4235-A48F-560600A4450B Bozeman City Commission Meeting Minutes, February 27, 2024 Page 8 of 13 02:50:23 Jeffrey Poole presented the Appellant Presentation 03:46:08 Developer Presentation Michael Shriner, Owner briefly spoke, and turned the presentation over to Marlene Sadaj, Civil Engineer for Sundance Springs Development project who delivered the body of the presentation. Brian Gallick, lawyer, concluded the presentation. 03:57:02 Questions of the Developer 04:19:09 Mayor Cunningham extended the meeting to 10:30 04:19:56 Public Comment on Action Item J.2 04:19:59 Clemente Izruieta commented on the Sundance Springs Appeal 04:21:33 Larry Poole commented on the Sundance Springs Appeal 04:24:54 Al Zale commented on the Sundance Springs Appeal 04:26:07 Marjorie Jackson commented on the Sundance Springs Appeal 04:27:30 Ryan Foley commented on the Sundance Springs Appeal 04:28:36 Tim Swanson commented on the Sundance Springs Appeal 04:33:00 Nancy Swanson commented on the Sundance Springs Appeal 04:35:40 Jeffrey King commented on the Sundance Springs Appeal 04:39:34 Rebuttal by Staff Community Development Director (CDD) Chris Saunders, presented the Staff Rebuttal. DRM Brian Krueger, completed the Staff Rebuttal. 04:45:12 Rebuttal from the Appellant DocuSign Envelope ID: 08C4041C-5D5B-4235-A48F-560600A4450B Bozeman City Commission Meeting Minutes, February 27, 2024 Page 9 of 13 Jeffrey Poole gave the appellant rebuttal, Kim Wilson, lawyer for appellant concluded the rebuttal. 04:50:45 Developer Rebuttal There was no Developer Rebuttal 04:51:02 Mayor Cunningham extended the meeting to 10:45 04:52:43 Questions restricted to the rebuttal. 04:52:52 Clarification by City Attorney Sullivan 04:56:28 Motion Having reviewed and considered Appeal 23214 seeking to overturn the decision of the Director of Community Development conditionally approving the Sundance Springs Subdivision, Phase 1B, Commercial Lot 2 Site Plan application 22047, the record of review, the presentation of staff and the appellant, public comment and all information presented, I move to uphold the decision that the Director of Community Development reflected in her June 28th, 2023 conditional approval letter. Christopher Coburn: Motion Douglas Fischer: 2nd 04:57:00 Mayor Cunningham extended the meeting to 10:55 04:57:12 Discussion 05:12:50 Mayor Cunningham extended the meeting to 11:00 05:21:24 Mayor Cunningham extended the meeting to 11:10 05:27:07 Procedural Clarification of City Attorney Sullivan 05:28:43 Vote on the Motion Having reviewed and considered Appeal 23214 seeking to overturn the decision of the Director of Community Development conditionally approving the Sundance Springs Subdivision, Phase 1B, Commercial Lot 2 Site Plan application 22047, the record of review, the presentation of staff and the appellant, public comment and all information presented, I move DocuSign Envelope ID: 08C4041C-5D5B-4235-A48F-560600A4450B Bozeman City Commission Meeting Minutes, February 27, 2024 Page 10 of 13 to uphold the decision that the Director of Community Development reflected in her June 28th, 2023 conditional approval letter. The Motion failed 1 - 4. Approve: Jennifer Madgic Disapprove: Terry Cunningham Joey Morrison Christopher Coburn Douglas Fischer 05:29:00 Motion to overturn the decision the Director of Community Development made on June 28, 2023, related to the conditional approval of the Phase 1b Commercial lot 2 site plan application number 22047. Christopher Coburn: Motion Douglas Fischer: 2nd 05:29:26 Discussion 05:31:46 Vote on the Motion to overturn the decision the Director of Community Development made on June 28, 2023, related to the conditional approval of the Phase 1b Commercial lot 2 site plan application number 22047. The Motion carried 4 - 1. Approve: Terry Cunningham Joey Morrison Christopher Coburn Douglas Fischer Disapprove: Jennifer Madgic J.3 Resolution 5584 Calling for an Election on the Question of Conducting a Local Government Review and Establishing a Study Commission Pursuant to Section 7- 3-171 through 7-3-193 of the Montana Code Annotated Bozeman Government Review History .pdf DocuSign Envelope ID: 08C4041C-5D5B-4235-A48F-560600A4450B Bozeman City Commission Meeting Minutes, February 27, 2024 Page 11 of 13 Resolution 5584 for 2024 Government Review Process .pdf 05:32:17 Mayor Cunningham extended the meeting to 11:15 05:32:34 Motion to approve Continuing Local Ballot Study Commission Action Item to the March 5th Agenda. Douglas Fischer: Motion Joey Morrison: 2nd 05:33:00 Vote on the Motion to approve Continuing Local Ballot Study Commission Action Item to the March 5th Agenda. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None J.4 Planned Development Zone Requesting a Sustainability/Resilient Design on 41.97 Acres and Amendment of the City Zoning Map to Change Zoning from BP, Business Park District, to B-2, Community Business District, Application 23293 23293 MSUIC PPDZ Staff Report CC.pdf 05:34:10 Clarification by City Attorney Sullivan 05:35:00 Motion to continue Action Item J.4 Planned Development Zone requesting sustainability resilient design application 23293 to March 19th. Joey Morrison: Motion Jennifer Madgic: 2nd 05:35:19 Discussion DocuSign Envelope ID: 08C4041C-5D5B-4235-A48F-560600A4450B Bozeman City Commission Meeting Minutes, February 27, 2024 Page 12 of 13 05:35:53 Vote on the Motion to continue Action Item J.4 Planned Development Zone requesting sustainability resilient design application 23293 to March 19th. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None K) 05:36:26 FYI / Discussion L) 05:36:33 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 on our Meeting Videos Page. ___________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Alex Newby Deputy City Clerk Approved on: March 19, 2024 DocuSign Envelope ID: 08C4041C-5D5B-4235-A48F-560600A4450B Bozeman City Commission Meeting Minutes, February 27, 2024 Page 13 of 13 DocuSign Envelope ID: 08C4041C-5D5B-4235-A48F-560600A4450B