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Home My WebLink About08-16-22 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, August 16, 2022 Page 1 of 10 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES August 16, 2022 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Excused: None Staff Preset at the Dais: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A) 00:02:22 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse 00:04:15 Tribute to former Missoula Mayor John Engen B) Pledge of Allegiance and a Moment of Silence C) 00:06:41 Changes to the Agenda There were no changes. D) 00:06:54 FYI CM Mihelich provided an update on the Swim Center. E) 00:10:57 Commission Disclosures F) 00:11:00 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize the Reimbursement of Gallatin County for the City of Bozeman's Share of the Bozeman Trail Road Pavement Overlay RB Invoice# 1622 07.19.22.pdf F.3 Authorize the City Manager to Sign a Release and Reconveyance of Easements, Releasing Document 2127248 with the State of Montana for the MSU Innovation Campus Project (21304) Release and Reconveyance of Easements F.4 Authorize the City Manager to Sign a Public Street and Utility Easement with O'Reilly Partnership, LLC and 4 Clovers, LLC and Seven Ox Seven, LLC for the Thomas Drive Annexation (22067) DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, August 16, 2022 Page 2 of 10 Public Street and Utility Easement F.5 Authorize the City Manager to Sign a Professional Services Agreement with Affion Public for the Recruitment of the Vacant Assistant City Manager Position Professional Services Agreement - Assistant City Manager.docx.pdf City of Bozeman, MT - ACM- proposal.pdf F.6 Resolution 5428 Intent to Create Special Improvement Lighting District 773 for 27th and Tschache Resolution 5428-Intent to Create SILD 773.docx Exhibit A 27TH AND TSCHACHE SILD Exhibit.pdf Exhibit B-27th & Tschache.pdf F.7 Resolution 5430 Intent to Create a Special Improvement Lighting District 774 for Simmental Way Resolution 5430-Intent to Create SILD 774.docx Exhibit A.pdf Exhibit B.pdf F.8 Resolution 5432 Intent to Create a Special Improvement Lighting District 775 for S Lincoln Resolution 5432-Intent to Create SILD 775-S Lincoln.docx Exhibit A-S Lincoln.pdf Exhibit B-S Lincoln.pdf 00:11:08 City Manager Introduction 00:11:20 Public Comment There were no comments on Consent Items. 00:11:44 Motion to approve Consent Items 1 - 8 as submitted. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 00:11:51 Vote on the Motion to approve Consent Items 1 - 8 as submitted. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None G) 00:12:10 Public Comment 00:13:09 Christopher Brizzolara, Public Comment Christopher Birzzolara commented on livable wages, short-term rentals, and urban camping. DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, August 16, 2022 Page 3 of 10 00:16:18 John Kiser, Public Comment John Kiser commented on the Swim Center. 00:16:55 Megan Belasko, Public Comment Megan Belasko commented on the Swim Center and aquatics operations. 00:17:34 Paul Busey, Public Comment Paul Busey commented on urban camping. 00:20:36 Leif Sundeen, Public Comment Leif Sundeen commented on the Swim Center and aquatics operations. 00:21:48 Ashley Ogle, Public Comment Ashley Ogle commented on the Swim Center, future potential bonds, and aquatics operations. She stated support for the Legion indoor facility. H) 00:24:31 Special Presentation H.1 00:24:33 Triannual Climate Plan Report 00:24:37 Staff Presentation Sustainability Program Manager Natalie Meyer presented the third triannual report, the focus areas and cross-cutting themes, equity efforts with the plan, the Sustainability Board's adopted work plan, efforts related to building codes, building electrification, Unified Development Code (UDC) updates, Commercial Property Assessed Capital Enhancements (C-PACE), Gallatin Valley Sensitive Land Protection Plan, 2020 Greenhouse Gas Emissions Inventory, Electric Vehicle Ride and Drive, and provided the Climate Plan Dashboard. I) 00:44:51 Action Items I.1 00:45:27 Continuation of Public Hearing for Gran Cielo - Cielo Way and S. 27th Ave. ZMA to Change the Zoning From R3 (Residential Medium Density District) to R-4 (Residential High Density District) on 4.279 Acres, Application 22117 to September 20, 2022 00:45:55 Motion to continue the public hearing for review of application 22117 to September 20, 2022. I-Ho Pomeroy: Motion Christopher Coburn: 2nd 00:45:55 Vote on the Motion to continue the public hearing for review of application 22117 to September 20, 2022. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, August 16, 2022 Page 4 of 10 Disapprove: None I.2 00:45:58 Continuation of Public Hearing for South 8th Avenue ZMA to Change the Zoning From R-4 (High Density Residential District) to R-5 (Residential Mixed-Use High Density District) on 0.18 Acres, Application 22077 to September 27, 2022 00:46:25 Motion to continue the public hearing for review of application 22077 to September 27, 2022. Christopher Coburn: Motion Jennifer Madgic: 2nd 00:46:25 Vote on the Motion to continue the public hearing for review of application 22077 to September 27, 2022. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.3 00:46:51 Continuation of Public Hearing for Block 104 ZMA to Change the Zoning From M-1 (Light Manufacturing District) to B-2M (Community Business District-Mixed) on 3.554 Acres, Application 22100 to August 23, 2022 00:47:07 Motion to continue the public hearing for review of application 22100 to August 23, 2022. Jennifer Madgic: Motion Terry Cunningham: 2nd 00:47:07 Vote on the Motion to continue the public hearing for review of application 22100 to August 23, 2022. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, August 16, 2022 Page 5 of 10 I.4 00:47:08 Continuation of Public Hearing for Thomas Drive ZMA to Change the Zoning From R-4 (Residential High Density District) to REMU (Residential Emphasis Mixed Use District) on 15.037 Acres, Application 22094 to September 20, 2022 00:47:29 Motion to continue the public hearing for review of application 22094 to September 20, 2022. Terry Cunningham: Motion I-Ho Pomeroy: 2nd 00:47:29 Vote on the Motion to continue the public hearing for review of application 22094 to September 20, 2022. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.5 00:47:32 Heritage Christian School Annexation and Zone Map Amendment to Annex and Establish an Initial Zoning of R-3, Residential Medium Density, on Approximately 13 Acres at 4310 Durston Road, Application 22170 22170 HCS Annx-ZMA CC SR.pdf 00:47:48 Staff Presentation Community Development Manager Chris Saunders presented the application, entered the application, staff report, and all public comment into the record. He presented the subject parcel, the Future Land Use Map (FLUM) designation, the annexation goals and priorities, the zoning criteria of evaluation, the spot zoning criteria, a summary of one public comment, and recommendations. 00:50:49 Questions of Staff 00:59:27 Applicant Presentation Zack Brown, representing the applicant, presented the goal for future growth, the benefit of decommissioning the septic, the nature of the well and water use, and the reasoning behind selecting R- 3 zoning. 01:01:51 Questions of Applicant 01:04:18 Public Comment There were no comments on this item. 01:05:03 Motion to approve 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 DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, August 16, 2022 Page 6 of 10 for application 22170 and move to the Heritage Christian School Annexation subject to the terms of annexation and direct staff to prepare an annexation agreement. I-Ho Pomeroy: Motion Christopher Coburn: 2nd 01:05:22 Discussion 01:07:44 Motion to amend the annexation agreement to require the parcel connect to City water. Christopher Coburn: Motion Jennifer Madgic: 2nd 01:07:45 Discussion on the Amendment 01:17:37 Vote on the Motion to amend the annexation agreement to require the parcel connect to City water. The Motion failed 1 - 4. Approve: Christopher Coburn Disapprove: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic 01:17:52 Discussion on the main motion continued 01:20:30 Vote on the Motion to approve 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 22170 and move to the Heritage Christian School Annexation subject to the terms of annexation and direct staff to prepare an annexation agreement. The Motion carried 4 - 1. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: Christopher Coburn 01:20:40 Motion to approve 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 22170 and move to approve the Heritage Christian School Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, August 16, 2022 Page 7 of 10 I-Ho Pomeroy: Motion Christopher Coburn: 2nd 01:21:20 Discussion 01:23:14 Vote on the Motion to approve 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 22170 and move to approve the Heritage Christian School Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. The Motion carried 4 - 1. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Disapprove: Christopher Coburn I.6 01:23:32 Public Hearing, Discussion and Decision on Agency Exemption Requests for Bozeman Legion Baseball Indoor Batting Facility, Application 21407 21407 Agency Exemption CC SR.pdf 21407 DRAFT Staff Analysis and Findings.pdf 01:23:54 Staff Presentation Planner Lynn Hyde presented the agency exemption request, entered the application, staff report, and all public comments to the record. She presented the proposed site, the amended statute for agency exemptions, a summary of the public comments received. 01:29:01 Questions of Staff 01:42:01 Applicant Presentation Garrett Schultz, Headwaters Engineering, presented on behalf of the applicant. 01:52:56 Questions of Applicant 01:58:13 Public Comment 01:58:28 Tom Starner, Public Comment Tom Starner commented in favor of the project. 02:00:46 Doug Posden, Public Comment Doug Posden, President of Bozeman Youth Baseball, commented in favor of the project. 02:03:26 Sean Potkay, Public Comment Sean Potkay, Coach of the Bozeman Bucks, commented in favor of the project. DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, August 16, 2022 Page 8 of 10 02:05:11 Kyle Blessinger, Public Comment Kyle Blessinger, Board President of the Legion Organization, commented in support of the project. 02:07:31 Spencer Archer, Public Comment Spencer Archer commented in support of the project. 02:09:18 Clarification of City Attorney 02:09:54 Motion to approve having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presenting in the staff report for application 21407 and move to approve the Agency Exemption Requests numbers one through seven and nine through fifteen. Christopher Coburn: Motion Jennifer Madgic: 2nd 02:10:11 Discussion 02:13:54 Motion to amend that the City of Bozeman match any donation up to $1500 that may be made by the Gallatin County Commission for the installation of bike racks at the baseball facility. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:14:15 Discussion on the Amendment 02:18:56 Vote on the Motion to amend that the City of Bozeman match any donation up to $1500 that may be made by the Gallatin County Commission for the installation of bike racks at the baseball facility. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:19:09 Motion to amend that the only exemptions from the City's sign code allowed in this application be for size, number, and location. Terry Cunningham: Motion Christopher Coburn: 2nd 02:19:43 Discussion on the Amendment DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, August 16, 2022 Page 9 of 10 02:21:10 Vote on the Motion to amend that the only exemptions from the City's sign code allowed in this application be for size, number, and location. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:21:19 Discussion on the main motion continued 02:24:24 Vote on the Motion to approve having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presenting in the staff report for application 21407 and move to approve the Agency Exemption Requests numbers one through seven and nine through fifteen. The Motion carried 5 - 0. Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J) 02:24:34 FYI / Discussion DM Cunningham responded to a general public comment. Mayor Andrus responded to a general public comment. K) 02:25:20 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9 Bozeman City Commission Meeting Minutes, August 16, 2022 Page 10 of 10 PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: December 20, 2022 DocuSign Envelope ID: 1F7B54DA-A1AE-46BE-8001-7456E92A74D9