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Home My WebLink About05-24-22 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, May 24, 2022 Page 1 of 8 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES May 24, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Staff Present at the Dais: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A) 00:03:03 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:05:39 Pledge of Allegiance and a Moment of Silence C) 00:06:17 Changes to the Agenda CM Mihelich announced that Action Item I.1 will continue to July 19, 2022 D) 00:06:54 Public Service Announcements D.1 City of Bozeman offices will be closed Monday, May 30 in observance of Memorial Day. There will be no City Commission meeting on Tuesday, May 31. This is a garbage holiday and pick up will be one day later E) 00:07:11 FYI • CM Mihelich announced that the National Community Survey will be sent out to the community for their input on City services; results are expected in August. He provided additional information on the status of the Swim Center, the need for closure, and the next steps regarding repairs and operational changes. F) 00:18:58 Commission Disclosures G) 00:19:04 Consent G.1 Accounts Payable Claims Review and Approval G.2 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with Saccoccia Lands II, LLC for Home 2 Suites (19394) Conditional Irrevocable Offer of Dedication G.3 Authorize the City Manager to Sign a Professional Services Agreement with DOWL, LLC for the Stormwater Facilities Plan Update Bozeman City Commission Meeting Minutes, May 24, 2022 Page 2 of 8 PSA Engineering - Stormwater Facilities Update.docx Exhibit B - Budget.pdf Exhibit A - Scope of Services.pdf G.4 Authorize the City Manager to Sign a Public Bus Stop Shelter Easement with HRDC Public Bus Stop Shelter Easement G.5 Authorize the City Manager to sign a Drainage Easement with Theah, LLC for the Cottonwood Veterinary Hospital (21184) Drainage Easement G.6 Authorize the City Manager to Sign a Professional Services Agreement with Greenspace Landscaping for the Downtown Tree Replacement Project 2022 PSA - 2022 Downtown Tree Replacement.pdf G.7 Authorize City Manager to Sign a Professional Service Agreement with High Country Paving for Stiff Professional Building Parking Lot Paving Professional Services Agreement - Professional Building Paving - High Country Paving.pdf G.8 Authorize the City Manager to Sign an Amendment 3 to Task Order 12 with Sanderson Stewart for the Purpose of Right-of-Way Acquisition on the Griffin Drive - 7th to Rouse Project Amendment 3 - Task Order 12 Sanderson Stewart - Griffin Drive ROW.pdf G.9 Ordinance 2102 Final Adoption of Billings Clinic Annexation Zone Map Amendment Establishing B-2 Community Business District on 4.7346 Acres Adjacent to Davis Lane and South of Westlake Road in Conjunction with Annexation, Application 20132 Ordinance 2102 Billings Clinic ZMA.pdf 15063_01_ZONE_MAP_AMENDMENT_032222.pdf G.10 Ordinance 2116 Provisional Adoption of Amended Zoning on 14.63 Acres from B-2, Community Business District to B-2M Community Business District - Mixed Located Northwest of Patrick Street and North 11th Avenue, Application 21458 Ordinance 2116 Lumberyard ZMA.pdf Lumberyard ZMA Exhibit Map.pdf 00:19:05 City Manager Introduction 00:19:20 Public Comment Mayor Andrus opened the Consent Agenda for public comments. 00:20:16 Motion to approve Consent Items 1 - 10 as submitted. Jennifer Madgic: Motion I-Ho Pomeroy: 2nd 00:20:16 Vote on the Motion to approve Consent Items 1 - 10 as submitted. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: Bozeman City Commission Meeting Minutes, May 24, 2022 Page 3 of 8 None H) 00:20:29 Public Comment Mayor Andrus opened general public comments. 00:22:27 Tonya Stevens, Public Comment Tonya Stevens commented on a request for a UDC change related to sororities and fraternities, an interim ordinance related to the change, and a public hearing on the matter. 00:25:36 Christina McCauley, Public Comment Christina McCauley commented on the Swim Center. 00:25:54 Aunika Milstadt, Public Comment Aunika Milstadt commented on the Swim Center. 00:29:37 Riley McCauley, Public Comment Riley McCauley commented on the Swim Center. 00:32:34 Ashley Ogle, Public Comment Ashley Ogle commented on the Swim Center. 00:34:45 Danika Varda, Public Comment Danika Varda commented on the Swim Center. 00:36:36 Christel Chvilicek, Public Comment Christel Chvilicek commented on the Swim Center. 00:39:12 Joni Hardy, Public Comment Joni Hardy commented on the Swim Center as the Board President for the Brookies Swim team. 00:42:15 Bozeman Barracuda Swimmer, Public Comment The individual did not provide their name and commented on the Swim Center. 00:43:00 Kaia Meyers, Public Comment Kaia Meyers commented on the Swim Center. 00:44:12 Maddie McBride, Public Comment Maddie McBride commented on the Swim Center. 00:44:44 Aiden Degraw, Public Comment Aiden Degraw commented on the Swim Center. 00:45:48 Siobhan Gillmartin, Public Comment Siobhan Gillmartin commented on the Swim Center as the high school coach for Gallatin and Bozeman High School Swim Teams. 00:48:07 Michael Ball, Public Comment Bozeman City Commission Meeting Minutes, May 24, 2022 Page 4 of 8 Michael Ball commented on the Swim Center. 00:49:47 Megan Belasko, Public Comment Megan Belasko commented on the Swim Center. 00:52:42 Jamie Whitley, Public Comment Jamie Whitley commented on the Swim Center. 00:54:11 Mike Leach, Public Comment Mike Leach commented on the Swim Center. 00:57:20 Leif Sundeen, Public Comment Leif Sundeen commented on the Swim Center. 01:01:14 Kathy Irvine, Public Comment Kathy Irvine commented on the Swim Center. 01:02:58 Nathan Cool, Public Comment Nathan Cool commented on the Swim Center. 01:04:48 John Kiser, Public Comment John Kiser commented on the Swim Center. 01:07:12 Nicole Olsen, Public Comment Nicole Olsen commented on the Swim Center. 01:09:30 Mallory Handelin, Public Comment Mallory Handelin commented on the Swim Center. 01:10:58 Parks Inlow, Public Comment Parks Inlow commented on the Swim Center. 01:11:59 Paul Grigsby, Public Comment Paul Grigsby commented on the Swim Center. 01:15:40 Matt Hubbard, Public Comment Matt Hubbard commented on the Swim Center. 01:19:01 Jen Grace, Public Comment Jen Grace commented on the Swim Center. 01:20:52 Dillon Gillespie, Public Comment Dillon Gillespie commented on the Swim Center. 01:21:57 Chris Shrike, Public Comment Chris Shrike commented on the Swim Center. 01:23:46 Hailey Churra, Public Comment Bozeman City Commission Meeting Minutes, May 24, 2022 Page 5 of 8 Hailey Churra commented on the Swim Center. 01:25:53 Gamaya Leach, Public Comment Gamaya Leach commented on the Swim Center. 01:27:34 Maria Holden, Public Comment Maria Holden commented on the Swim Center. 01:31:44 Meeting went into Recess Mayor Andrus called the meeting to recess. 01:31:45 Meeting Reconvened Mayor Andrus called the meeting back to order. I) 01:31:24 Action Items I.1 01:31:52 Continuation of Public Hearings for Silo Annexation and Zone Map Amendment From May 24, 2022 to June 7, 2022 Regarding Annexation of 115 Acres and Initial Zoning of Residential Emphasis Mixed Use Located Northwest of the Intersection of Davis Lane and E. Valley Center Road, Application 21442 01:32:13 Motion to continue the public hearings for application 21442, the Silo Annexation and Zone Map Amendment to June 7, 2022. I-Ho Pomeroy: Motion Christopher Coburn: 2nd 01:32:33 Vote on the Motion to continue the public hearings for application 21442, the Silo Annexation and Zone Map Amendment to June 7, 2022. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.2 01:32:45 Interlocal Agreement Among Gallatin County, City of Bozeman, and City of Belgrade Establishing a City-County Board of Health Interlocal Agreement Bozeman Belgrade City-County Board of Health May 2022.pdf 97- City-County Board of Health Increasing Membership.pdf 01:32:49 Staff Presentation CM Mihelich presented the Interlocal Agreement for the City-County Board of Health, the background on the current agreement, that there exists areas of disagreement with the County, and recommends approval under protest and duress. Bozeman City Commission Meeting Minutes, May 24, 2022 Page 6 of 8 01:35:00 Questions of Staff 01:35:21 Public Comment Mayor Andrus opened this item for public comments. 01:35:46 Russ Nelson, Public Comment Russ Nelson, Mayor of Belgrade, commented on the Interlocal Agreement. 01:37:33 Motion to approve Interlocal Agreement Among Gallatin County, City of Bozeman, and City of Belgrade Establishing a City-County Board of Health Christopher Coburn: Motion Terry Cunningham: 2nd 01:37:40 Discussion Mayor Andrus noted the desire to continue within the City-County agreement, welcomes Belgrade to the agreement, the legislation requiring the change to the agreement, the City has been requesting edits after completing due diligence, about concerns remaining, but will be supporting the agreement due to the timeline from the County under protest. Cr. Coburn noted the changes requiring the new interlocal agreement and the process for adopting a new agreement. DM Cunningham discussed the legislative changes effects on the previous agreement. Cr. Madgic stated support for the motion and cited the Board of Health as an example of quality inter- government collaboration. Cr. Pomeroy will support the agreement. 01:48:31 Vote on the Motion to approve Move to approve Interlocal Agreement Among Gallatin County, City of Bozeman, and City of Belgrade Establishing a City-County Board of Health. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.3 01:48:45 Ordinance 2108 Provisional Adoption Amending Well Use Requirement Update the City of Bozeman (City) regulations for review of subdivisions to conform to the Montana Subdivision and Platting Act, recently updated by the State Legislature, Application 22137. 22137 CC Staff Report Final.pdf Ordinance 2108_Irrigation Water Supply 5-13-22 w strike through and underline.pdf Bozeman City Commission Meeting Minutes, May 24, 2022 Page 7 of 8 01:48:59 Staff Presentation Senior Planner Tom Rogers presented the ordinance to modify requirements for irrigation or exempt wells within the city. He entered the staff report, all public comment, and supplementary information into the record. He noted this is in response to rule changes from the Montana Department of Natural Resources and Conservation (DNRC), the use of exempt wells for irrigation, separate water conservation initiatives, what is being changed, the criteria for review under subdivision regulations and zoning, a summary of the public comment and recommendations. 01:58:34 Questions of Staff 02:13:36 Public Comment Mayor Andrus opened this item for public comments. 02:14:01 Mary Wictor, Public Comment Mary Wictor commented on the release of treatment chemicals used for irrigation. 02:16:16 Motion Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22137, and move to provisionally adopt Ordinance 2108. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:16:34 Discussion 02:20:48 Vote on the Motion Having reviewed and considered the staff report, draft ordinance, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 22137, and move to provisionally adopt Ordinance 2108. The Motion carried 5 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.4 02:21:00 FY23 City Manager Recommended Budget - Introduction FY2023 City Manager Transmittal Ltr for 5.24.22 Commiss Mtg.pdf 02:21:11 Staff Presentation CM Mihelich presented the summary of the recommended budget. 02:42:39 Questions of Staff 03:17:04 Public Comment Bozeman City Commission Meeting Minutes, May 24, 2022 Page 8 of 8 There were no public comments on this item. J) 03:17:42 FYI / Discussion K) 03:17:58 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: July 12, 2022