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Home My WebLink About07-12-22 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, July 12, 2022 Page 1 of 12 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES July 12, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic Absent: Christopher Coburn Staff Present at the Dais: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, Meeting Clerk (MC) Jesse DiTommaso A) 00:02:57 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:03:02 Pledge of Allegiance and a Moment of Silence C) 00:03:39 Changes to the Agenda • There were no changes to the agenda. D) 00:03:54 Authorize Absence D.1 00:03:53 Authorize the Absence of Commissioner Christopher Coburn 00:04:00 Motion to authorize the absence of Commissioner Christopher Coburn. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 00:04:07 Vote on the Motion to authorize the absence of Commissioner Christopher Coburn. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: Bozeman City Commission Meeting Minutes, July 12, 2022 Page 2 of 12 None E) 00:04:20 FYI • City Manager Mihelich announced the opening of the Pickle Ball Courts. • City Manager Mihelich provided an update on the Aquatics Facility, Bogert Pool, and the Westside Facility. F) 00:10:24 Commission Disclosures • There were no Commission disclosures. G) 00:10:33 Approval of Minutes G.1 00:10:31 Approve the regular meeting minutes from: May 24, 2022 June 7, 2022 June 14, 2022 05-24-22 City Commission Meeting Minutes.pdf 06-07-22 City Commission Meeting Minutes.pdf 06-14-22 City Commission Meeting Minutes.pdf 00:10:43 Motion to approve the combined City Commission minutes as submitted. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 00:10:50 Vote on the Motion to approve the combined City Commission minutes as submitted. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None H) 00:11:04 Consent H.1 Accounts Payable Claims Review and Approval H.2 Authorize the City Manager to Enter into a Grant Contract with One Valley Community Foundation and Amend the Contract with the HRDC for Warming Center Operations To Distribute FY22 Grants to These Organizations H.3 Authorize the City Manager to Sign Temporary Construction Permits and Right-of-Way Documents with ExxonMobil for the Griffin Drive and Manley Road Street and Stormwater Improvements Project H.4 Authorize the City Manager to Sign a Sewer and Water Pipeline and Access Easement and Agreement with Tom and Anna Reali for the 521 South 8th Avenue Project (21390) Sewer and Water Pipeline and Access Easement and Agreement Bozeman City Commission Meeting Minutes, July 12, 2022 Page 3 of 12 H.5 Authorize the City Manager to Sign a Drainage Easement and a Public Street and Utility Easement with 915 Building Partners, LLC for The Flooring Place and Housing Site Plan (21354) Drainage Easement Public Street and Utility Easement H.6 Authorize the City Manager to Sign a Water Adequacy Agreement and a Public Street and Utility Easement (5) with Northwest Crossing Final Plat (21482) Public Street and Utility Easement-1 Public Street and Utility Easement-2 Public Street and Utility Easement-3 Public Street and Utility Easement-4 Public Street and Utility Easement-5 Water Adequacy Agreement for Northwest Crossing Development H.7 Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with (HRDC) Human Resource Development Council of District IX, Inc for the Community First Griffin Place Site Plan Project (21117) Conditional Irrevocable Offer of Dedication H.8 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with KQ Bozeman Harmon Stream, LLC for the Bozeman Gateway Phase 4 Final Plat (21032) Conditional Irrevocable Offer of Dedication H.9 Authorize the City Manager to Sign the Memorandum of Understanding (MOU) to Provide Assistance to Montana State University (MSU) with Water System Sampling Memorandum of Agreement Attachment A - Sampling and Related Services for MSU H.10 Authorize the City Manager to sign a Contract Agreement with Precision Concrete Cutting to provide sidewalk grinding services for the City CONSTRUCTION AGREEMENT.docx H.11 Authorize the City Manager to Sign a Task Order for Fiscal Year 2023 Groundwater and Perimeter Methane Monitoring at the Story Mill Landfill Groundwater and Methane Monitoring TO 2022-2023 H.12 Authorize the City Manager to Sign a Task Order for Fiscal Year 2023 Remediation Systems Oversight at the Story Mill Landfill Remediation Operation and Maintenance TO 2022-2023 H.13 Ratify the City Manager's Signature on a Professional Services Agreement with Cushing Terrell for Swim Center Assessment. Cushing Terrell Swim Center Submittal.pdf Swim Center - Engineering and Architectural Services - PSA.pdf H.14 Authorize the City Manager to Sign a Professional Services Agreement for the 2022 Capital Improvement Projects Field Survey PSA 2022 CIP Survey.docx Scope of Work 2022 CIP Survey.pdf H.15 Authorize the City Manager to execute the First Addendum to the PSA with Water and Environmental Technologies, Inc. (WET), to provide environmental consulting services pertinent to the East Gallatin Landfill FY 23 - Cost Estimate_Quarterly Sampling Professional Service Agreement First Addendum Bozeman City Commission Meeting Minutes, July 12, 2022 Page 4 of 12 H.16 Ordinance 2109, Final Adoption Replacing the Term Columbus Day with Indigenous Peoples’ Day, and Designating the Second Monday of October as the Local Indigenous Peoples’ Day Holiday Ord. 2109 IPD_final.pdf H.17 Ordinance 2117 Final Adoption Establishing Municipal Court Fee Schedule Ordinance 2117 Municipal Court Fee Schedule.pdf 00:11:06 City Manager Introduction CM Mihelich provided the highlights of the Consent Agenda. 00:12:09 Public Comment 00:12:31 Kurt Klewin, Public Comment Kurt Klewin commented in opposition to the changing of Columbus Day to Indigenous People's Day. He asked the City declare Italian Hertage day. 00:15:44 Kathy Irvine, Public Comment Kathy Irvine commented on Consent Item H13. 00:16:27 Megan Belasko, Public Comment Megan Belasko commented on Item H13. 00:17:34 Christina McColley, Public Comment Christina McColley commented on the sense of urgency felt by the swim community. 00:20:05 Motion to approve the Consent Agenda as submitted. Jennifer Madgic: Motion Terry Cunningham: 2nd 00:20:23 Vote on the Motion to approve the Consent Agenda as submitted. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None I) 00:20:33 Public Comment 00:22:16 Hans Dersch, Public Comment Hans Dersch commented on the swim center's recruitment, the backstroke flags (at Bogert), and the lane lines. He noted the consultant's report regarding the swim center. 00:25:26 Andrew Williamson, Public Comment Bozeman City Commission Meeting Minutes, July 12, 2022 Page 5 of 12 Andrew Williamson invited members of the Commission to attend swim practice. He noted the timeline regarding the club swim start and the completion of the work. 00:27:10 Annalyse Belasco, Public Comment Annalyse Belasco commented on her options when the outdoor pools close at the end of the summer. 00:28:42 Bryn King, Public Comment Bryn King commented on her experience swimming. She requested the swim center open as soon as possible. 00:29:46 Maya Maginito, Public Comment Maya Maginito shared a poem she wrote "A Fish Out of Water". 00:31:29 Kit Kusak, Public Comment Kit Kusak commented on the Swim Center and aquatics operations. 00:32:03 June Kusak, Public Comment June Kusak commented on the next swim season. 00:32:32 Madison McBride, Public Comment Madison McBride commented on the long form swimming pool. 00:33:12 Elizabeth WIlliamson, Public Comment Elizabeth Williamson commented on the impact of the closing of the pool. 00:34:10 Ollie Belasco, Public Comment Ollie Belasco commented on what swimming means to him and the closing of the swim pool. 00:34:59 George Dendrinos, Public Comment George Dendrinos commented on what swimming means to him. 00:35:30 May Madison, Public Comment May Madison commented on her senior year swim season. 00:36:09 Siobhan Gilmartin, Public Comment Siobhan Gilmartin commented on the importance of high school swimming and the inequitable loss of the high school program. 00:38:01 Kathy Irvine, Public Comment Kathy Irvine commented on the Ballard and King report. She commented on the user groups of the swim center. She noted the report did not include that the user groups include a lot of the same members and the relationships and they do not feel heard. Her idea is for the sustainability board. 00:40:29 Kim Kusak, Public Comment Kim Kusak commented encouraging the commission to expediate the repairs to the swim center. 00:41:21 Ashley Ogle, Public Comment Bozeman City Commission Meeting Minutes, July 12, 2022 Page 6 of 12 Ashley Ogle commented on the timeline for the swim center and information sharing regarding a potential opening date. 00:43:52 Marcia Kaveney, Public Comment Marcia Kaveney commented suggesting incorporating a town hall style meeting regularly for more interactive style conversations. She commented on allowing public commenters to speak on more than one item. She commented on noxious weeds and maintenance of City buildings. J) 00:47:28 Action Items J.1 00:47:29 Authorize the City Manager to Sign a Professional Services Agreement with Logan Simpson for the Gallatin Valley Sensitive Lands Protection Plan. Gallatin Valley Sensitive Lands Protection Plan - Professional Services Agreement.pdf Gallatin Valley Sensitive Lands Protection Plan - Scope of Work.pdf Gallatin Valley Sensitive Lands Protection Plan - Fee Proposal.pdf Gallatin Valley Sensitive Lands Protection Plan - Submittal.pdf 00:47:32 City Manager Introduction 00:48:26 Staff Presentation Jon Henderson, Strategic Services Director, provided the staff presentation on the Gallatin Valley Sensitive Lands Protection Plan. He highlighted the critical connections needed to support a healthy environment. He noted alignment with adopted City Plans. He presented the regional approach, noting the broad range of partners and constituents working on the plan as well as the area of interest in the plan. Jon Henderson provided shared outcomes expected. He highlighted the steps moving forward, from public engagement to recommendations. He provided the motion and vote language. 00:54:07 Questions of Staff 01:16:43 Public Comment There were no comments on this item. 01:17:00 Motion to Authorize the City Manager to Sign a Professional Services Agreement with Logan Simpson for the Gallatin Valley Sensitive Lands Protection Plan. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 01:17:11 Discussion 01:26:23 Vote on the Motion to Authorize the City Manager to Sign a Professional Services Agreement with Logan Simpson for the Gallatin Valley Sensitive Lands Protection Plan. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Bozeman City Commission Meeting Minutes, July 12, 2022 Page 7 of 12 Disapprove: None 01:26:31 Meeting Recess Mayor Andrus called the meeting to recess. 01:31:49 Call to Order Mayor Andrus called the meeting back to order. J.2 01:32:12 Ordinance 2104 Provisional Adoption to Repeal and Replace Division 38.430 Planned Unit Development with a New Planned Development Zone Process and Amend 24 Related Sections of the Bozeman Municipal Code, Application 22133 22133 CC Staff Report - PUD_PDZ.pdf Ordinance 2104 Planned Unit Development - Provisional 7-12-2022.pdf CDB Passed Motion 6-27-2022.pdf PDZ Flow Chart City Version 5-26-2022.pdf Planned Development Zone HP Admin Procedures Outline - DRAFT.pdf Sustainable Energy Manual Draft.pdf Sustainable Resilient Design PDZ_Water Conservation.pdf Sustainability Public Benefit - Transportation DRAFT.pdf PDZ Non-Renewable Energy Flow Chart DRAFT.pdf TRANSPORTATION ADEQUACY REQUIREMENTS - Draft manual.pdf 22133 PDZ e-notification.pdf 01:32:17 City Manager Introduction 01:32:51 Staff Presentation Community Development Manager Chris Saunders presented Ordinance 2104. He provided a broad overview of the Ordinance. He gave background on Planned Unit Developments. He listed the similarities and differences between the Planned Unit Development (PUD) and the Planned Development Zone (PDZ). He provided the distinguishing features of a PDZ. He outlined the process as well as the post planned development zone process. He provided the transition plan for implementation. He highlighted the staff report zoning and subdivision review process criteria. He provided the public comments and recommendations. He introduced the staff report, the public comment, and all materials into the record. He provided a synapsis of the Economic Vitality Board's recommendation and the Community Development Board's recommendation. He provided the amendment given by the Community Development Board. 01:48:13 Questions of Staff 02:04:47 David Fine answered questions relevant to the Economic Vitality Board. 02:09:29 Additional Questions of Staff 02:35:38 Public Comment Mayor Andrus opened this item for public comment. Bozeman City Commission Meeting Minutes, July 12, 2022 Page 8 of 12 02:36:38 Jerry Pape, Public Comment Jerry Pape commented in opposition to Ordinance 2104. 02:40:56 Mary Wictor, Public Comment Mary Wictor commented on the Community Development Board's recommended motion. 02:43:53 Clarification of Staff 02:45:32 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 22133 and move to recommend approval of Ordinance 2104. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 02:45:59 Discussion 03:07:35 Motion to amend the proposed ordinance to add a fifth of public benefit "other". Terry Cunningham: Motion Jennifer Madgic: 2nd 03:07:51 Discussion on the Amendment 03:12:24 Vote on the Motion to amend the proposed ordinance to add a fifth of public benefit "other". The Motion carried 3 – 1. Approve: Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: Cyndy Andrus 03:12:38 Staff recommendation of two additional readings. 03:13:27 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 22133 and move to recommend approval of Ordinance 2104. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: Bozeman City Commission Meeting Minutes, July 12, 2022 Page 9 of 12 None K) 03:13:38 Appointments K.1 03:13:39 Appointments to the Historic Preservation Advisory Board. Chelsea Holling.pdf Linda Semones.pdf Michael Wiseman.pdf Savannah Donnelly.pdf 03:14:20 Public Comment There were no public comments on this item. 03:14:52 Motion to appoint Savannah Donnelly and Chelsea Holling to the Bozeman Historic Preservation Advisory Board both in the professional designation with terms ending on June 30, 2024, Linda Semones to the Bozeman Historic Preservation Advisory Board to the at-large member position with a term expiring on June 30, 2024, and Michael Wiseman to the Bozeman Historic Preservation Advisory Board in the architect position with a term expiring on June 30, 2024. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 03:16:07 Vote on the Motion to appoint Savannah Donnelly and Chelsea Holling to the Bozeman Historic Preservation Advisory Board both in the professional designation with terms ending on June 30, 2024, Linda Semones to the Bozeman Historic Preservation Advisory Board to the at-large member position with a term expiring on June 30, 2024, and Michael Wiseman to the Bozeman Historic Preservation Advisory Board in the architect position with a term expiring on June 30, 2024. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None 03:16:17 Motion to appoint Savannah Donnelly as Chair and Linda Semones as Vice-chair. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 03:16:29 Vote on the Motion to appoint Savannah Donnelly as Chair and Linda Semones as Vice-chair. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham Bozeman City Commission Meeting Minutes, July 12, 2022 Page 10 of 12 I-Ho Pomeroy Jennifer Madgic Disapprove: None K.2 03:16:39 Appointments to the Library Board of Trustees Pamela Henley.pdf 03:16:43 Public Comment There were no public comments on this item. 03:16:57 Motion to appoint Pamela Henley, to the Library Board of Trustees for a term ending June 30, 2027. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 03:17:14 Vote on the Motion to appoint Pamela Henley, to the Library Board of Trustees for a term ending June 30, 2027. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None K.3 03:17:18 Appointments to the Downtown Business Improvement District Board Eric Bowman.pdf Ileana Indreland.pdf 03:17:24 Public Comment There were no public comments on this item. 03:17:47 Motion to appoint two members, Ileana Indreland & Eric Bowman to terms ending June 30, 2025. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 03:18:07 Vote on the Motion to appoint I move to appoint two members, Ileana Indreland & Eric Bowman to terms ending June 30, 2025. The Motion carried 4 – 0. Approve: Cyndy Andrus Bozeman City Commission Meeting Minutes, July 12, 2022 Page 11 of 12 Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None 03:18:21 Motion to appoint Eric Bowman as Chair and Erik Nelson as Vice-chair of the Downtown Bozeman Improvement District. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 03:18:31 Vote on the Motion to appoint Eric Bowman as Chair and Erik Nelson as Vice-chair of the Downtown Bozeman Improvement District. The Motion carried 4 – 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: None L) 03:18:41 FYI / Discussion • DM Cunningham noted his interest in a Resolution looking at City Commissioner and Mayoral pay. • Mayor Andrus provided clarification to the public commenter regarding the amount of time public comment can be given. • CM Mihelich commented on the reopening of the swim center. M) 03:23:11 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk Bozeman City Commission Meeting Minutes, July 12, 2022 Page 12 of 12 PREPARED BY: ___________________________________ Jesse DiTommaso Economic Development Specialist/Meeting Clerk Approved on: September 13, 2022