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Home My WebLink About01-23-2024- City Commission MinutesBozeman City Commission Meeting Minutes, January 23, 2024 Page 1 of 10 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES January 23, 2024 Present: Terry Cunningham, Joey Morrison, Jennifer Madgic, Christopher Coburn, Douglas Fischer Absent: None Excused: None Staff at the Dias: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Alex Newby A) 00:33:57 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:35:35 Pledge of Allegiance and a Moment of Silence C) 00:36:26 Changes to the Agenda D) 00:36:30 FYI • Mayor Cunningham announced that Random Acts of Silliness will hold the Winter Bloom Lantern Parade on Feb 10th at the Gallatin Regional Park. February 3rd and 4th there will be workshops at the Bozeman Public Library on how to create Lanterns for the Winter Bloom Lantern Parade. • 00:39:00 CM Mihelich announced the Grand Reopening and Ribbon Cutting of the Bozeman Public Library on Friday, February 2nd from 4 to 6 pm. Bozeman's Ice Rinks at Bogert Park and Southside Park are up and operational. E) 00:39:03 Commission Disclosures There were no disclosures F) 00:39:15 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize the City Manager to sign a Notice of Award and contract documents, once received, to Stream Works, Inc. for the East Gallatin River Streambank Erosion Protection Project, CIP No. WW111 NoticeOfAward_East Gallatin Bank Rest.pdf E Gallatin Bank 2 Solicitation Packet.pdf Docusign Envelope ID: 1E45AD59-EA7D-45A0-A730-7360260656A2 Bozeman City Commission Meeting Minutes, January 23, 2024 Page 2 of 10 F.3 Authorize City Manager to Enter into Equipment Lease-Purchase Agreement with Caterpillar Financial Services for Two Road Graders and ApproveGovernmental Entity Resolution Authorizing Lease Grader Lease F.4 Authorize the City Manager to Sign the Building Code Enforcement Program Agreed Upon Procedures Engagement Letter for Fiscal Year 2022. City of Bozeman 2023 KCoe Service Agreement (140775).pdf City of Bozeman AUP Engagement Letter 6.30.22 (140775).pdf F.5 Authorize City Manager to Sign Professional Services Agreements for Facilities Contractors Term Contracts PSA - Master Task Order - 3B Rehabilitation Services - Compiled.pdf PSA - Master Task Order - Armitage Electric - Compiled.pdf PSA - Master Task Order - Bozeman Operations - Compiled.pdf PSA - Master Task Order - Constructive Solutions Inc - Compiled.pdf PSA - Master Task Order - Door Guys - Compiled.pdf PSA - Master Task Order - Elkhorn Commissioning - Compiled.pdf PSA - Master Task Order - S Conley Sales - Compiled.pdf PSA - Master Task Order - Standard Electric - Compiled.pdf PSA - Master Task Order - TD&H Engineering - Compiled.pdf PSA - Master Task Order - Yellowstone Pavement Solutions - Compiled.pdf F.6 Authorize the City Manager to Sign a Professional Services Agreement with Ayres Associates, Inc. for Digital Orthoimagery and LiDAR Acquisition project. Attachment A - Digital Orthoimagery and LiDAR Acquisition RFP.pdf Attachment B - Professional Services Agreement with Proposal and Budget.pdf F.7 Authorize the City Manager to sign Amendment No. 2 to Task Order No. 1 of the Professional Services Master Task Order Agreement with the firm of HDR Engineering, Inc. providing construction engineering services for the East Gallatin River Streambank Erosion Protection Project, CIP No. WW111 Amendment No 2_East Gallatin River Bank 2.pdf F.8 Resolution 5540 / Intent to Modify Special Improvement Lighting District 772 to include all phases of Blackwood Groves Resolution 5540-Intent to Modify SILD 722-Blackwood Groves.docx Exhibit A.pdf Exhibit B.pdf F.9 Resolution 5554, Authorizing a Change Order Number One with Blanton Construction, LLC for the Aspen Street Bridge Resolution 5554 Change Order 1 - Aspen Street Ped Bridge.pdf Change Order 1 - Aspen Street Ped Bridge_20240105.pdf F.10 Resolution 5566 Authorizing Change Order No. 1 with Roset and Associates for the Sand Interceptor in the Equipment Storage Building ? Solid Waste Building Remodel and Garage Addition Project Change Order #1 Resolution 5566 Solid Waste Facility Remodel CO-1 F.11 Resolution 5571 Intent to Create a Special Improvement Lighting District 783 for Phases A & C of Sundance Minor Subdivision Resolution 5571-Intent to Create SILD 783.docx Exhibit A.pdf Exhibit B.pdf Docusign Envelope ID: 1E45AD59-EA7D-45A0-A730-7360260656A2 Bozeman City Commission Meeting Minutes, January 23, 2024 Page 3 of 10 F.12 Ordinance 2114 Final Adoption to Establish a Zoning Designation of R-3 (Residential Medium Density District) in Association with the Annexation of 1.17 Acres, the South 3rd Annexation, Application 21161 2913-00821 11x17 ZMA 4-11-22.pdf 21161 South 3rd ZMA Ordinance 2114.pdf F.13 Ordinance 2120 Final Adoption to Establish an Initial Zoning Designation of B-2M (Community Business-Mixed District) in Association with the Annexation of 8.55 Acres, the 6590 Davis Lane Annexation, Application 21443 21443 DavisLaneProperty_Annexation&ZoningMap.pdf 21443 6590 Davis Lane ZMA Ordinance 2120.pdf F.14 Ordinance 2135, Final Adoption to Establish an Initial Zoning Designation of REMU (Residential Emphasis Mixed-Use District) in Association with the Annexation of 86 Acres, the Project Eighty-6 Annexation, Application 22113 04_ProjectEighty-6Annexation_ZMAMap.pdf 22113 Project Eighty-6 ZMA Ordinance 2135.pdf CM Mihelich presented the highlights of the Consent Agenda 00:40:15 Public Comment on Consent There was no Public Comment on Consent and Consent II. 00:40:53 Motion to approve Consent Items 1 - 14 as submitted. Joey Morrison: Motion Christopher Coburn: 2nd 00:41:05 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 Ordinance 2153, Final Adoption to Establish an Initial Zoning Designation of REMU (Residential Emphasis Mixed-Use District) in Association with the Annexation of 10.071 Acres, the 6730 Davis Lane Annexation, Application 22020 6730 Davis Lane Zone Map.pdf 22020 6730 Davis Lane ZMA Ordinance 2153.pdf 00:41:38 Motion to approve Consent II as submitted. Joey Morrison: Motion Christopher Coburn: 2nd Docusign Envelope ID: 1E45AD59-EA7D-45A0-A730-7360260656A2 Bozeman City Commission Meeting Minutes, January 23, 2024 Page 4 of 10 00:41:47 Vote on the Motion to approve Consent II as submitted The Motion carried 4 - 1. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Disapprove: Christopher Coburn H)00:42:08 Public Comment 00:42:46 John Meyer commented on use of personal cellphones for city business, and asked the City to vote on joining the MAID lawsuit and put on pause UDC revisions until that lawsuit is complete. 00:44:58 Anna Shchmelinin commented in opposition to the Bozeman Climate Plan 00:48:01 Yohanna Gamble commented in opposition to the Bozeman Climate Plan. I) 00:50:20 Special Presentation I.1 Triannual Climate Plan Report CM Mihelich introduced City Staff 00:50:36 Staff Presentation Sustainability Program Manager (SPM) Natalie Meyer presented an update on the Bozeman Climate Plan, with 2023 Highlights, Focus Areas & Cross-Cutting Themes, 2020 Bozeman Climate Plan Goals, Department Collaboration, Sustainability Advisory Board Topics, Healthy, Adaptive & Efficient Buildings, Responsible & Reliable Renewable Energy Supply, Vibrant & Resilient Neighborhoods, Diverse & Accessible Transportation Options, Comprehensive & Sustainable Waste Reduction, Regenerative Greenspace, Food Systems & Natural Environment, and Conclusion. J) 01:09:07 Action Items J.1 Annual Comprehensive Financial Report (ACFR) for Fiscal Year 2023 and Audit Results 2023 Issued Governance Letter.pdf City of Bozeman ACFR_ISSUED 2023 06 30.pdf Management-Corrective Action Plan.pdf 01:09:14 CM Mihelich introduced the Action Item J.1 CM Mihelich introduced City Staff. 01:09:55 Staff Presentation Financial Director (FD) Melissa Hodnett presented the FY2023 Financial Statement and Single Audit. Senior Audit Manager at Eide Bailly, Janeen Hathcock, presented the Independent Auditor's Report, Financial Position, Schedule of Net Position, Changes in Net Position, Net Position Trends, Significant Note Disclosures, Results, Upcoming GASB Implementations, Single Audit Report, Report on Financial Docusign Envelope ID: 1E45AD59-EA7D-45A0-A730-7360260656A2 Bozeman City Commission Meeting Minutes, January 23, 2024 Page 5 of 10 Statement Internal Controls, Uniform Guidance Report, SEFA, Summary of Auditor's Results, Summary of Finding 2023-001, and Communication with Governance. FD Hodnett continued the presentation: Internal Control Definition & Purpose, Comprehensive Framework of Internal Control, Control Environment, Risk Assessment, Control Activities, Information & Communication, Monitoring, Management Response - Corrective Action Plan, and Overall Audit Results & Impacts. 01:31:22 Questions of Staff and Auditor 01:36:40 Public Comment on Action Item J.1 There were no public comments on Action Item J.1 01:36:58 Motion to approve the Fiscal Year 2023 Annual Comprehensive Financial Report, the accompanying Letter of Governance, and Corrective Action Plan. Christopher Coburn: Motion Jennifer Madgic: 2nd Discussion 01:40:27 Vote on the Motion to approve the Fiscal Year 2023 Annual Comprehensive Financial Report, the accompanying Letter of Governance, and Corrective Action Plan. The Motion carried 4 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Disapprove: None Commissioner Fischer was unable to vote as a result of a failure of the remote access connection. 01:40:47 Mayor Cunningham called the meeting to recess 01:46:52 Mayor Cunningham called the meeting back into order J.2 01:46:57 Annexation Application 23127 Requesting Annexation of Approximately 40.12 Acres and Adjacent Right of Way for Hidden Valley Road and Amendment to the City Zoning Map for the Establishment of a Zoning Designation of R-4 (Residential High Density District). Subject Site is Located East and South of Hidden Valley Road About One-Quarter Mile East of Harper Puckett Road, Application 23127. 23127 Harper's Corner Annx-CC SR.pdf 01:47:03 CM Mihelich introduced Action Item J.2 CM Mihelich introduced City Staff. 01:48:31 Staff Presentation Docusign Envelope ID: 1E45AD59-EA7D-45A0-A730-7360260656A2 Bozeman City Commission Meeting Minutes, January 23, 2024 Page 6 of 10 Associate Planner (AP) Elizabeth Cramblet presented Harper's Corner Annexation & Zone Map Amendment; Application 23127, Aerial Maps and explanation of zoning in the area, Resolution 5076 Annexation Goals & Policies, Public Comment and Protest Letters have been received, Recommendation, and Public Notice. 01:59:45 Questions of Staff 02:19:36 Applicant Presentation Applicant John Knoke presented the reasoning and history behind his families petition, Harpers Corner is recommended by the Planning Office and empowers Bozeman's Community Plan. He presented why the applicant thinks this project benefits the city. 02:33:00 Questions of Applicant 02:44:27 Public Comment on Item J.2 02:45:15 Sally Kelsey commented in opposition to the proposed project. 02:48:05 Deanna Campbell commented in opposition to the proposed project. 02:51:17 Christine Beamer commented in opposition to the proposed project. 02:52:15 Braydon Beamer commented in opposition to the proposed project. 02:54:46 Darby Peroni commented in opposition to the proposed project. 02:56:41 Mary Seed commented in opposition to the proposed project. 02:58:24 Eileen Guthrie commented in opposition to the proposed project. 02:59:52 John Marcello commented in opposition to the proposed project. 03:01:15 Dale Lillejard commented in opposition to the proposed project. 03:04:52 Shannon Vidmar commented in opposition to the proposed project. 03:05:55 Marcia Kaveney commented in opposition to the proposed project. 03:08:40 Gary Fox, Civil Engineer on the project with WGM Group commented in support of the proposed project. 03:10:43 Del Richter commented in opposition to the proposed project. 03:14:28 Tom Maveson commented in opposition to the proposed project. 03:16:37 Greg Vidmar commented in opposition to the proposed project. Docusign Envelope ID: 1E45AD59-EA7D-45A0-A730-7360260656A2 Bozeman City Commission Meeting Minutes, January 23, 2024 Page 7 of 10 03:19:58 Ray Seed commented in opposition to the proposed project. 03:22:48 Staff Clarification 03:24:00 Applicants Rebuttal 03:27:16 Motion to approve City Commission Recommended Annexation 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 23127 and move to approve the Harper's Corner Annexation subject to the terms of annexation and direct staff to prepare an annexation agreement. Jennifer Madgic: Motion Douglas Fischer: 2nd Discussion 03:37:11 Vote on the Motion to approve City Commission Recommended Annexation 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 23127 and move to approve the Harper's Corner Annexation subject to the terms of annexation and direct staff to prepare an annexation agreement. The Motion carried 4 - 1. Approve: Terry Cunningham Joey Morrison Christopher Coburn Douglas Fischer Disapprove: Jennifer Madgic 03:37:30 Motion to approve City Commission Recommended Zoning 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 23127 and move to approve the Harper's Corner Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. Jennifer Madgic: Motion Douglas Fischer: 2nd Discussion 04:02:16 Vote on the Motion to approve City Commission Recommended Zoning 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 Docusign Envelope ID: 1E45AD59-EA7D-45A0-A730-7360260656A2 Bozeman City Commission Meeting Minutes, January 23, 2024 Page 8 of 10 report for application 23127 and move to approve the Harper's Corner Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. The Motion carried 3 - 2. Approve: Terry Cunningham Christopher Coburn Douglas Fischer Disapprove: Joey Morrison Jennifer Madgic 04:03:48 Discussion/Guidance K)04:13:20 Work Session K.1 Present results of the Gallatin Valley Water and Wastewater Regionalization Feasibility Study Attachment 1 - Executive Summary Technical Information 04:13:41 CM Mihelich presented the Work Session 04:14:18 Staff Presentation City Engineer (CE) Shawn Kotz Presented the Gallatin Valley Water and Wastewater Regionalization Feasibility Study, 2013 Integrated Water Resources Plan Highlights, 2020 Community Plan, Project Drivers - "the Why". 04:21:17 Nate Wisenburger, A2S Consultant Presentation Study Purpose and Goal, Study Planning Area Details, Estimated Gallatin Valley Future Population Growth, Regional Water Supply, Regional Water Challenge, Water Supply Alternatives, Water Results, Wastewater Results, Regional Facility Locations, Estimated Project Costs, Key Cost Considerations, Project Funding Options, Project Benefits, ownership and Governance, Project Roadmap, Workshop Summary CE Shawn Kotz continued the Presentation: Take Home Messages. 04:44:43 Mayor Cunningham extended the meeting to 10:30 pm. 04:44:48 Staff Questions 05:01:38 Mayor Cunningham extended the meeting to 10:45 05:02:10 Public Comment on Work Session 05:02:22 Daniel Carty commented on the Work Session Topic. 05:04:51 Lauryn Hill commented on the Work Session topic Docusign Envelope ID: 1E45AD59-EA7D-45A0-A730-7360260656A2 Bozeman City Commission Meeting Minutes, January 23, 2024 Page 9 of 10 05:06:14 Lilly McClane, Gallatin Watershed Council Representative, commented on the Work Session Topic. 05:09:45 Discussion 05:17:40 Mayor Cunningham extended the meeting to 10:50 pm. L) 05:18:39 Appointments L.1 Appointment to the Historic Preservation Advisory Board. 11-08-23 - CAB Applications - Ashley Wilson.pdf 05:18:43 Public Comment There was no public comment 05:19:15 Motion to appoint Ashley Wilson to the Historic Preservation Advisory in the At Large position for a term ending June 30th 2025 Christopher Coburn: Motion Jennifer Madgic: 2nd 05:19:27 Vote on the Motion to appoint Ashley Wilson to the Historic Preservation Advisory in the At Large position for a term ending June 30th 2025 The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Christopher Coburn Douglas Fischer Disapprove: None M) 05:19:46 FYI / Discussion N)05:19:54 Adjournment ___________________________________ Terry Cunningham Mayor ATTEST: Docusign Envelope ID: 1E45AD59-EA7D-45A0-A730-7360260656A2 Bozeman City Commission Meeting Minutes, January 23, 2024 Page 10 of 10 ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Alex Newby Deputy City Clerk Approved on: August 6, 2024 Docusign Envelope ID: 1E45AD59-EA7D-45A0-A730-7360260656A2