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Home My WebLink About04-02-2024- City Commission MinutesBozeman City Commission Meeting Minutes, April 2nd, 2024 Page 1 of 9 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES April 2nd, 2024 Present: Terry Cunningham, Joey Morrison, Jennifer Madgic, Christopher Coburn, Douglas Fischer Absent: None Excused: None Staff at the Dias: Acting City Manager (ACM) Chuck Winn, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Alex Newby A) 00:47:25 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:49:09 Pledge of Allegiance and a Moment of Silence C) 00:49:57 Changes to the Agenda D) 00:50:09 Public Service Announcements D.1 The City of Bozeman's Public Comments email address is changing E) 00:51:43 FYI Mayor Cunningham thanked Deputy Mayor Morrison for chairing the March 26th, 2024 Commission Meeting. Mayor Cunningham noted that the Commission has received a number of comments concerning reclaiming the Guthrie Project; however, the Commission has not received 3 or more requests from Commissioners to reclaim and will follow regular protocol concerning this process. ACM Winn announced Clean Up Bozeman day in celebration of Earth Day. ACM announced that our Sustainability Coordinator noticed that our Solar Cells were producing 100% of the power needs at the Public Safety Center. F) 00:54:38 Commission Disclosures There were no disclosures. DocuSign Envelope ID: A18DBDDE-2A5E-4402-9272-9964B683394E Bozeman City Commission Meeting Minutes, April 2nd, 2024 Page 2 of 9 G) 00:54:45 Approval of Minutes G.1 Approve the Regular Meeting Minutes from: 07-11-23 City Commission Meeting 07-25-23 City Commission Meeting 08-01-23 City Commission Meeting 07-11-23 City Commission Meeting Minutes.docx 07-25-23 City Commission Meeting Minutes.docx 08-01-23 City Commission Meeting Minutes.docx 00:54:51 Motion to approve Consider the Motion: I move to approve the combined City Commission minutes as submitted. Joey Morrison: Motion Jennifer Madgic: 2nd 00:54:57 Vote on the Motion to approve Consider the Motion: I move to approve the combined City Commission minutes as submitted. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None H) 00:55:15 Consent H.1 Accounts Payable Claims Review and Approval H.2 Authorize the City Manager to Sign an Agreement with the Montana Department of Transportation for E Valley Center, N 19th Ave, and Flanders Mill Bike Ped Path Construction - Bozeman UPN 10453. Transportation Alternatives Capital Construction Grant Agreement for signature.pdf TA Capital Construction Grant Tracking Form_signed.pdf H.3 Authorize the City Manager to sign the Notice of Award and contract documents for the 2024 Curb and Sidewalk Improvements Project to AV Construction, Inc. signed bid tab.pdf AWARD.docx H.4 Authorize the City Manager to Sign a Notice of Award to Olympus Technical Services, Inc. for construction of the 2024 Soil Vapor Extraction Extension Project Draft Notice of Award Bid Tab- 2024 SVE Extension H.5 Authorize the City Manager to Sign an Agreement with the Montana Department of Transportation for Huffine Lane, N 19th Ave, and Oak St Path Preservation II - Bozeman UPN 10450. Transportation Alternatives Pavement Preservation Grant Agreement_for signature.pdf TA Pavement Preservation Grant Tracking Form_signed.pdf DocuSign Envelope ID: A18DBDDE-2A5E-4402-9272-9964B683394E Bozeman City Commission Meeting Minutes, April 2nd, 2024 Page 3 of 9 H.6 Authorize the City Manager to Sign a Memorandum of Understanding Between Gallatin County and City of Bozeman to Develop a Governance Structure for the Gallatin Abatement Region for the Disbursement of Montana Opioid Abatement Trust Funds MOAT MOU Gallatin Metro Abatement Region_FINAL.docx Original MOU 2021_11_26-Distributors-MT-MOU.pdf H.7 Authorize the City Manager to Sign a Percent for Art Agreement and Waiver of Proprietary Rights with Matt Babcock for the Commissioning of "Lynx Caeruleum" Statue at Fire Station 2 Percent for Art General Contract - Matt Babcock - LYNX CAERULEUM - Compiled.pdf Waiver of Proprietary Rights - Babcock - LYNX CAERULEUM.pdf Bozeman Firestation No. 2 Proposals.pdf H.8 Authorize the Destruction of Municipal Records in Accordance with MCA, 7-5-4124 as Authorized by the Local Records Committee per MCA 2-6-1202 RM88_Records_Destruction 20 March 24.docx H.9 Authorize the City Manager to Sign a Professional Services Agreement with BYLA Landscape Architects for the Cattail Creek Corridor Anchor Route and Park Master Plan PSA BYLA for Cattail Creek Corridor Park Master Plan - Final.docx Exhibit A - Anchor Route Study and Park Master Plan for the Cattail Creek Corridor - Final.docx H.10 Authorize the City Manager to Sign a Professional Service Agreement with Anjali Nandi to Provide Motivational Interviewing Training for the BRIDGERS DUI Treatment Court Team Nandi-MI contract.docx H.11 Authorize the City Manager to Sign Amendment No. 1 to the Professional Services Agreement with Respec Company LLC for the Groundwater Investigation Services Phase 4 Project Amendment 1_PSA Respec Groundwater Investigation Services Ph 4.pdf ACM Winn presented the highlights of the Consent Agenda 00:56:25 Public Comment on the Consent Agenda There was no comment on the Consent Agenda 00:57:14 Motion to approve Consider the Motion: I move to approve Consent Items 1 - 11. Jennifer Madgic: Motion Douglas Fischer: 2nd 00:57:27 Vote on the Motion to approve Consider the Motion: I move to approve Consent Items 1 - 11. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: DocuSign Envelope ID: A18DBDDE-2A5E-4402-9272-9964B683394E Bozeman City Commission Meeting Minutes, April 2nd, 2024 Page 4 of 9 None I) 00:57:50 Public Comment 00:59:00 Noah ten Broek commented in opposition to the Gutherie Project. 01:02:57 Scott Boyd commented in opposition of the Guthrie Project. 01:05:59 Rick Kerin commented in opposition to the Guthrie Project. 01:07:01 Jacob Klatt commented in opposition to the Guthrie Project. 01:09:24 Amy Kelly Hoitsma commented in opposition to the Guthrie Project. 01:11:55 Gary Deline commented in opposition to the Guthrie Project. 01:14:57 Karen Sanchez commented in opposition to the Guthrie Project. 01:17:52 Sarah Montano commented on neighborhood residential stability. 01:20:57 Daniel Carty commented in opposition to the Guthrie Project. 01:23:20 Doug Wells commented in opposition to the Guthrie Project. 01:26:17 Angie Kociolek commented in opposition to the Guthrie Project. 01:29:30 Stuart Mitchell commented in opposition to the Guthrie Project. 01:32:49 Mike Hope commented on new development without parking. 01:36:06 Tim Marsenko commented in opposition to the Guthrie Project. 01:39:00 Alison Sweeney commented in opposition to the Guthrie Project. 01:42:02 Jane Jelinski commented in opposition to the Guthrie Project. 01:44:48 Tyler Boyer commented in opposition to the Guthrie Project. 01:48:05 Jeanie Gracey commented in opposition to the Guthrie Project. 01:49:20 Natsuki Nakamura commented in opposition to the Guthrie Project. 01:51:41 Mindy Visser commented in opposition to the Guthrie Project. 01:53:49 Peter Momson commented on parking. 01:54:54 Mark Egge commented in support of the Guthrie Project. 01:58:00 Rose Kane commented in opposition to the Guthrie Project. DocuSign Envelope ID: A18DBDDE-2A5E-4402-9272-9964B683394E Bozeman City Commission Meeting Minutes, April 2nd, 2024 Page 5 of 9 02:00:55 Lila Cebulla commented in opposition to the Guthrie Project. 02:02:26 Mark Campenelli commented in opposition to the Guthrie Project. 02:03:28 Martin Coleman commented in opposition to the Guthrie Project. 02:05:30 Becky Parker commented in opposition to the Guthrie Project. 02:06:22 Chris Campbell commented in opposition to the Guthrie Project. 02:08:30 Ren Killian commented in opposition to the Guthrie Project. 02:10:30 Eric Simich commented in opposition to the Guthrie Project. 02:13:25 Corrine Garcia commented in opposition to the Guthrie Project. 02:14:46 Tom Keck commented in opposition to the Guthrie Project. 02:16:32 Emily Cleveland commented in opposition to the Guthrie Project. 02:18:15 Ada Justi commented in opposition to the Guthrie Project. 02:19:30 Emily Talago commented in opposition to the Guthrie Project. 02:23:00 Linsey Van Siggard commented from the perspective of Home Base development. 02:23:53 Jerry Pape commented in opposition to the Guthrie Project. 02:26:55 Betsy Buffington commented about the community of her neighbors. 02:29:25 Michelle Osman commented in opposition to the Guthrie Project. 02:31:00 Marcia Kaveney commented in opposition to the Guthrie Project. 02:32:26 Rebekah Marshall commented in opposition to the Guthrie Project. 02:35:50 Guy Santiglia spoke in opposition to Ordinance 2147 and Urban Camping. 02:39:50 Mayor Cunningham called the meeting into recess 02:52:20 Mayor Cunningham called the meeting back to order. J) 02:52:33 Action Items J.1 Growth Policy Amendment Application, Nexus Point GPA to Revise the Future Land Use Map from Urban Neighborhood to Community Commercial Mixed Use on Approximately 1.23 acres. The property is located between Arnold and Graf Streets, west of South 19th Avenue, Application 23205 DocuSign Envelope ID: A18DBDDE-2A5E-4402-9272-9964B683394E Bozeman City Commission Meeting Minutes, April 2nd, 2024 Page 6 of 9 001 GPA Exhibit.pdf 23205 Nexus Point GPA.pdf 23205 Nexus Point GPA CC SR.pdf ACM Winn introduced Action Item J.1. 02:53:36 Staff Presentation City Planner Tom Rogers presented Nexus Point GPA Application 23205, Application to amend the future land use map of tge BCP 2020, Existing Zoning Map, Growth Policy Chapter 5-Amendment Criteria, Public Notice, Public Comment, Recommendation, Unique Applicant Because (see Section 4, criterion 1), Excerpt from Original Master Site Plan Application Narrative, Conclusion. 03:05:07 Questions of Staff Applicant Presentation 03:10:28 Liz Mans, of Madison Engineering representing Nexis Point LLC gave the Applicant Presentation: History of Zoning on the land that now contains the Nexus Point Development. Current Developer Building Plans. Preliminary Water and Sewer Use Analysis. 03:14:28 Steve Moore continued the Applicant Presentation: Explanation of Current Development as it is, Negotiation for a Market in the Development is what prompted the Request to Amend the Future Land Use Map, What will make this Development Walkable. 03:19:09 Questions of Applicant 03:19:40 Public Comment on Action Item J. 1. 03:20:10 Marcia Kaveney commented in opposition to the Applicants Request. 03:23:54 Motion to approve - Having reviewed and considered the application materials, public comment, Community Development Board recommendation, and all the information presented, I hereby adopt the findings presented in the staff report and move to approve Application 23205, the Nexus Point Growth Policy Amendment. Douglas Fischer: Motion Christopher Coburn: 2nd 03:24:19 Discussion 03:33:07 Vote on the Motion to approve - Having reviewed and considered the application materials, public comment, Community Development Board recommendation, and all the information presented, I hereby adopt the findings presented in the staff report and move to approve Application 23205, the Nexus Point Growth Policy Amendment. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison DocuSign Envelope ID: A18DBDDE-2A5E-4402-9272-9964B683394E Bozeman City Commission Meeting Minutes, April 2nd, 2024 Page 7 of 9 Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None J.2 The Nexus Point Zone Map Amendment requesting Amendment of the City Zoning Map to Change the Zoning from R-O (Residential Office District) to B-2M (Community Business District-Mixed) on 1.23 Acres, Change the Zoning from R-O (Residential Office District) to R-4 (Residential High Density District) on 8.8 Acres, and change the Zoning from R-O (Residential Office District) to PLI (Public Lands and Institutions) on 1.26 Acres, All Within the Nexus Point Subdivision on Approximately 11.29 Acres. The Subject Site is Located West of South 19th Avenue, North and South of Arnold Street. Application 23204. 23204 Nexus Point ZMA- CC SR.pdf ACM Winn introduced Action Item J.2. 03:33:55 Staff Presentation City Planner Elizabeth Cramblet presented the Nexus Point Zone Map Amendment; Application 23204, Rezoning, Overview of Bozeman Land Use Map, Nearby Zoning Districts, Previous Approvals, What has been Constructed, Sec. 76-2-304, MCA Zoning Criteria of Evaluation: Section 4, pg. 12 - 29. Sec. 76-2- 304, MCA Zoning Criteria of Evaluation: Section 4, pg. 30 - 42. Public Notice, Public Comment, Recommendation, and Conclusion. 03:42:15 Questions of Staff 03:46:51 Applicant Presentation Liz Mans, of Madison Engineering representing Nexis Point LLC gave the Applicant Presentation: Explanation of changes in Zoning Requests. Received Approval from Community Development Board. 03:49:45 Steve Moore, Developer of Project presented an explanation of history of plans for development. Further explanation of reasons for Rezoning Request. 03:53:30 Questions of Applicant 03:55:58 Public Comment on Action Item J. 2. There was no public comment on Action Item J.2. 03:56:41 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 23204 and move to approve the Nexus Point Zone Map Amendment subject to contingencies required to complete the application processing. DocuSign Envelope ID: A18DBDDE-2A5E-4402-9272-9964B683394E Bozeman City Commission Meeting Minutes, April 2nd, 2024 Page 8 of 9 Douglas Fischer: Motion Christopher Coburn: 2nd 03:57:20 Discussion 04:03:47 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 23204 and move to approve the Nexus Point Zone Map Amendment subject to contingencies required to complete the application processing. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None K) 04:04:14 Appointments K.1 Appoint a City Commissioner to Serve on the Gallatin Valley Metropolitan Planning Organization's Transportation Policy Coordinating Committee ACM Winn introduced Appointments. 04:04:35 Public Comment There was no Public Comment on Appointments 04:05:21 Motion to appoint Consider the Motion: I move to appoint Douglas Fischer to the Transportation Policy Coordinating Committee Christopher Coburn: Motion Joey Morrison: 2nd 04:05:21 Vote on the Motion to appoint Consider the Motion: I move to appoint Douglas Fischer to the Transportation Policy Coordinating Committee. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None DocuSign Envelope ID: A18DBDDE-2A5E-4402-9272-9964B683394E Bozeman City Commission Meeting Minutes, April 2nd, 2024 Page 9 of 9 L) 04:05:46 FYI / Discussion Commissioner Fischer commented on Public Comment on the Guthrie Project. Mayor Cunningham commented on the 30 day recommendation on Urban Camping Ordinance ACM Winn announced that Bozeman Clean Up Day is on April 20th. M) 04:08:06 Adjournment ___________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Alex Newby Deputy City Clerk Approved on May 7,, 2024 DocuSign Envelope ID: A18DBDDE-2A5E-4402-9272-9964B683394E