HomeMy WebLinkAbout10-16-17 City Commission Packet Materials - M1. Minutes
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Robin Crough, City Clerk Anna Rosenberry, Assistant City Manager SUBJECT: Approve the Regular Meeting Minutes from June 12, September 11, September 18, September 25, and October 2, 2017, Special Meeting
Minutes from September 7, September 15, September 26, and September 27, 2017, and User Access to Linked Minutes MEETING DATE: October 16, 2017
AGENDA ITEM TYPE: Minutes NOTE: For PCs, your internet browser must be Internet Explorer Version 10 or higher. Google Chrome, Firefox or Safari all work as well.
To view the video and the minutes of June 12, 2017 that are linked to the video please click here
(minutes are located by clicking on the related documents tab above agenda).
To view the video and the minutes of September 7, 2017 that are linked to the video please click here (minutes are located by clicking on the related documents tab above agenda).
To view the video and the minutes of September 11, 2017 that are linked to the video please click here (minutes are located by clicking on the related documents tab above agenda). To view the video and the minutes of September 15, 2017 that are linked to the video please click
here (minutes are located by clicking on the related documents tab above agenda).
To view the video and the minutes of September 18, 2017 that are linked to the video please click here (minutes are located by clicking on the related documents tab above agenda).
To view the video and the minutes of September 25, 2017 that are linked to the video please click here (minutes are located by clicking on the related documents tab above agenda).
To view the video and the minutes of September 26, 2017 that are linked to the video please click here (minutes are located by clicking on the related documents tab above agenda).
To view the video and the minutes of September 27, 2017 that are linked to the video please click here (minutes are located by clicking on the related documents tab above agenda).
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To view the video and the minutes of October 2, 2017 that are linked to the video please click
here (minutes are located by clicking on the related documents tab above agenda). RECOMMENDATION: Approve the Regular and Special City Commission Minutes as submitted. SUGGESTED MOTION: I move to approve the combined City Commission minutes from June
12, September 7, September 11, September 15, September 18, September 25, September 26, September 27, and October 2, 2017, as submitted. BACKGROUND: In 2013, The Clerk’s Office identified goals related to the Commission’s
priority of Improving Technology Utilization and Proficiency. Improvements included:
• Live streaming broadcast of the City Commission Meeting
• Meeting efficiency
• Better access of meeting information for staff and the public
• Time savings
• Streamlined approach to citizen involvement and public comment
Since August of 2013, the City Commission Minutes have been linked with audio and video using AV Capture. In addition to the City Commission, many Citizen Advisory Boards utilize the system as well.
LOCATION: The AV Capture Archives and Live Streaming of City Commission Minutes and
Meetings can be found at www.bozeman.net by choosing the “I want to…” top menu item, and selecting the bottom right link “Watch a commission or board meeting video.” VIEWING: Using the drop-down menu immediately below the AV Capture icon, select
Recorded (all previously recorded meetings), Streaming Live (meetings currently being streamed in real-time), or Upcoming (future meetings that will be streamed live). Selecting a meeting should automatically start the video. The draft minutes and all associated materials from the meeting are located under the video in the Attached Documents area. Final minutes are available here once formally approved. Users can then can click on each time-stamped hyperlink to find the section
that they wish to view from the meeting. If the video does not automatically start at that point, the user may need to press play on the video itself. Users are always welcome to contact the City Clerk’s Office at 582-2320 or email agenda@bozeman.net for assistance.
ALTERNATIVES: As suggested by Commission. UNRESOLVED ISSUES: Please note that minutes from June 19, 2017 and executive session minutes from January 9, March 20, June 12, August 14, August 21, September 7, September 26,
September 27, and October 2, 2017 still need to be completed and will be included in a future batch.
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FISCAL EFFECTS: None.
Attachments: Draft Minutes Report Prepared on October 9, 2017
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, June 12, 2017
Deputy Mayor - Cynthia Andrus: Present
Commissioner - Jeff Krauss: Present
Mayor - Carson Taylor: Present
Commissioner - Chris Mehl: Present
Commissioner - I-Ho Pomeroy: Present
Staff Present at the Dais: Interim City Manager (ICM) Dennis Taylor, City Attorney (CA) Greg Sullivan,
Assistant City Manager (ACM) Anna Rosenberry, City Clerk Robin Crough
A. 06:01:26 PM (00:04:38) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse
Mayor Taylor called the meeting to order at 6:01 PM.
B. 06:01:33 PM (00:04:45) Pledge of Allegiance and a Moment of Silence
C. 06:02:52 PM (00:06:04) Changes to the Agenda
There were no changes to the agenda.
D. 06:03:12 PM (00:06:24) Minutes
1. Approve the Regular Meeting Minutes from May 1, May 8, May 15, and May 22, 2017, Special
Meeting Minutes from May 3 and May 18, 2017, and User Access to Linked Minutes
06:03:19 PM (00:06:31) Motion and Vote to approve the regular meeting minutes from May 1, May 8,
May 15, and May 22, 2017, Special Meeting Minutes from May 3 and May 18, 2017, and User Access
to Linked Minutes. The motion passed 5-0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
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Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
E. 06:03:50 PM (00:07:02) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Authorize the Interim City Manager to Sign the Notice of Award to AV Construction Inc. for
the 2017 Sidewalk Improvements Project (Kerr)
3. Downtown Business Improvement District Fiscal Year 2017 (FY17) Annual Report and Fiscal
Year 2018 (FY18) Work Plan and Budget (Naumann)
4. Tourism Business Improvement District Fiscal Year 2018 (FY18) Work Plan and Budget
(Fontenot)
5. Downtown Urban Renewal District Fiscal Year 2017 (FY17) Annual Report and Fiscal Year 2018
(FY18) Work Plan and Budget (Naumann)
6. Midtown Urban Renewal District Fiscal Year 2018 (FY18) Work Plan and Budget (Fine)
7. Northeast Urban Renewal District Fiscal Year 2018 (FY18) Work Plan and Budget (Fontenot)
8. North Park Industrial Tax Increment Finance District Fiscal Year 2018 (FY18) Update
(Fontenot)
9. Resolution 4805, Approving the Guaranteed Maximum Price Amendment Number 3 with Dick
Anderson Construction, Inc. for Mass Grading at the Bozeman Sports Park (Poissant)
06:03:55 PM (00:07:07) City Manager Overview
Interim City Manager Dennis Taylor provided a brief overview of Consent Items 1-9.
06:06:39 PM (00:09:51) Public Comment
Mayor Taylor opened public comment.
06:07:04 PM (00:10:16) Raymond Herdina, Public Comment
Mr. Herdina discussed the summer band and invited the Commission to attend. He requested an
increase in funding for the band from $6,000 to $10,000, as they’ve lost some of their supplemental
funding.
06:10:50 PM (00:14:02) Motion and Vote to approve Consent Items 1-9 as submitted. The motion
passed 5-0.
Commissioner - Jeff Krauss: Motion
Commissioner - Chris Mehl: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
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Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
F. 06:11:08 PM (00:14:20) Public Comment
Mayor Taylor opened public comment.
06:11:56 PM (00:15:08) Ellen Stevenson, Public Comment
Ms. Stevenson told the Commission that the Black Olive project has been resubmitted. She discussed
issues that still remain with the new design. She discussed the overbuild of the project, and its potential
to set a precedent. She requested that the City Commission reclaim the review authority for the Black
Olive project.
06:15:26 PM (00:18:38) Brian Popiel, Public Comment
Mr. Popiel, with SWMBIA, discussed the City’s Inclusionary Zoning ordinance and the upcoming June
12th benchmark. He read a letter regarding affordable housing into the record. The letter requested that
the City Planning Department is no longer allowed to enforce the affordable housing policy.
G. 06:18:40 PM (00:21:52) Special Presentation
1. Police Department Annual Report (Crawford)
06:19:05 PM (00:22:17) Staff Presentation
Police Chief Steve Crawford discussed 2016 by the numbers including service calls, increased activity,
and increased crime. He discussed the Crash Investigator position and the Digital Forensic Analyst
position. He also discussed the new substation at the library. He noted a number of departmental
awards. He discussed continuing community outreach. He discussed the staffing analysis currently being
done. He discussed some crime-specific numbers, including arrests. He discussed upcoming projects
from his department.
06:34:20 PM (00:37:32) Questions of Staff
CR Pomeroy asked how many homicides occurred last year in the city limits.
CR Mehl asked if there were any updates since the panel discussion a few months ago.
Mayor Taylor asked how the Police Academy was going.
H. 06:38:24 PM (00:41:36) Action Items
1. 06:38:27 PM (00:41:39) The Whistle Pig Conditional Use Permit for On-Premise Consumption
of Alcohol, Located at 25 North Willson Avenue, Suite A, Application 17207 (Quasi-Judicial)
(WerBell)
06:38:46 PM (00:41:58) Staff Presentation
Project Planner Mitch WerBell entered his staff report and findings into the record. He discussed that
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Bozeman City Commission Meeting DRAFT MINUTES, June 12, 2017
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there are no changes to the building, solely the use for beer and wine. He discussed the criteria of
evaluation, staff findings, and conditions. No public comment was received.
06:43:13 PM (00:46:25) Questions of Staff
Mayor Taylor asked if the condition added makes it impossible to change this license to a different kind
of alcohol license without a new CUP.
06:44:20 PM (00:47:32) Questions of Applicant
CR Mehl asked if he was okay with the staff report.
06:44:46 PM (00:47:58) Public Comment
There was no public comment.
06:44:59 PM (00:48:11) Motion that having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the staff report
for Application 17207 and move to approve the Whistle Pig On-Premise Consumption of Alcohol
Conditional Use Permit with conditions and subject to all applicable code provisions.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
06:45:18 PM (00:48:30) Discussion
CR Mehl stated this was straightforward and he is in agreement with staff.
DM Andrus appreciates condition 3.
CR Pomeroy congratulated the restaurant.
CR Krauss thanked the applicant for their investment.
Mayor Taylor also thanked the applicant and clarified that he sees a difference in alcohol licenses.
06:47:35 PM (00:50:47) Vote on the Motion that having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings presented in
the staff report for Application 17207 and move to approve the Whistle Pig On-Premise Consumption of
Alcohol Conditional Use Permit with conditions and subject to all applicable code provisions. The motion
passed 5-0.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - I-Ho Pomeroy: Approve
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Bozeman City Commission Meeting DRAFT MINUTES, June 12, 2017
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06:47:53 PM (00:51:05) Recess
Mayor Taylor called the Commission into recess.
07:01:00 PM (01:04:12) Call to Order
Mayor Taylor called the meeting back to order at 7:01 PM.
2. 07:01:09 PM (01:04:21) Fiscal Year 2018 (FY18) Budget Work Session - General
Fund (Rosenberry)
07:01:33 PM (01:04:45) Staff Presentation
Assistant City Manager Rosenberry presented the FY18 City Manager’s Recommended Budget for the
General Fund. She discussed overall personnel and benefit costs, based on the City’s pay philosophy,
and explained the market studies and health insurance in detail.
07:11:22 PM (01:14:34) Questions of Staff
DM Andrus asked if there are opportunities for growth and promotions of individuals already in the
organization. ICM Taylor and ACM Rosenberry responded in detail.
CR Krauss asked if the annual pay comparison serves as a strategic pay substitute. He asked if mid-year
changes come to the Commission and do they happen through a budget amendment.
07:25:12 PM (01:28:24) Staff Presentation Continued
ACM Rosenberry went through individual departments in the General Fund. She discussed the budgets
of the City Commission, City Manager’s Office, Municipal Courts, City Attorney’s Office, Finance,
Facilities, Information Technology, Human Resources, Police, Fire, Cemetery, Parks, Library, Recreation,
Community Services (Economic Development, Sustainability), Non-Departmental, and Transportation.
07:39:02 PM (01:42:14) Questions of Staff
CR Krauss asked about the potential money if there was no primary election. He asked about the
Chamber dues in both the Commission and Economic Development budgets. He asked about the
Communications Officer. He asked if the Parks pays for the water usage. He asked about the summer
worker positions and what will the full-time person do in the winter.
CR Pomeroy asked if a position was in fact added with the reorganization. She asked if any
communication work was currently being done, and what would this person do differently from right
now. She asked about the 50% increase in City Manager personnel. She asked about an increase in the
City Attorney’s Office. She asked why Finance’s personnel budget is down. She commended the IT
Department’s decrease in costs. She commended HR’s decrease as well. She asked if there was a
dedicated mill to pay for police. She asked about Fire’s budget. She asked about the Park’s Rose Park
share. She asked about the increase in library operations. She asked for clarification on the state share
for retirement.
DM Andrus asked about the $5,000 capital hardware in the Commission budget. She asked about the
potential of a long-term lobbyist. She asked about the ethics training for boards. She asked about
budgeting for Neighborhood Associations. She asked City Attorney Sullivan about a software recurring
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Bozeman City Commission Meeting DRAFT MINUTES, June 12, 2017
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fee. She asked what facilities are included in facilities management, and why all facilities aren’t managed
by the department. She asked about Fire payments to the Water Fund and spending of fire special
revenue funds. She asked about the Streamline request.
CR Mehl asked about new cases coming into the City Attorney’s Office as well as a decrease in jury trials.
He asked about the location of IT evidence storage. He asked Police why civil assistance is anticipated to
increase. He asked about dropping training allocations. He asked what the operating loss for the
cemetery was. Cemetery operations was discussed in detail. He asked about the Parks short-term
workers. He asked about estimated registered borrowers. He asked if Galavan will still be funded.
Mayor Taylor asked if all the increases in Municipal Court were due to the Veteran’s Court proposal. He
asked about contracted services in the City Attorney’s Office. He asked when the last time cemetery fees
were increased, and he requested that that be revisited. He requested an increased fee in adult
recreation. He asked about the non-departmental contingency. He asked HRDC if the City should expect
a continuous ask for a half mill increase every year. He asked if there are other departments that are
feeling the pressure for FTEs.
DM Andrus asked if the Communications Officer will be a resource for all the City.
09:20:15 PM (03:23:27) Public Comment
Mayor Taylor opened public comment.
09:20:38 PM (03:23:50) Jeff Rupp, Public Comment
Mr. Rupp discussed HRDC’s request for the Streamline increase. He reminded the Commission of the
number of constituents that live below the poverty line.
09:25:03 PM (03:28:15) Discussion
CR Krauss joked about a raccoon adjustment. He supports a budget that doesn’t request an increase in
the ad valorum levy. He advocated for the ebook idea. He is interested in the Communications Officer,
but is hesitant putting them under the City Manager. He noted holding the primary election money in
reserve. He discussed Police staffing and Parks fees. He was hesitant to increase HRDC funding again. He
preferred to cut the contingency in half and give $75,000 to HRDC.
CR Mehl supports a PIO and is fine with it in the City Manager’s Office. He requested a cut list and
addition list. He wants at least a mill and a half for Streamline. He is in support of removing some from
the contingency fund. He is also interested in hearing the history of the contingency fund.
DM Andrus agreed that the PIO would help with messaging and outreach, not just a support for
directors. She also likes the idea of having money for a lobbyist. She is supportive of looking where
Streamline will expand. She’d think about increasing HRDC’s amount, but she’d prefer to see where that
would be spent.
CR Pomeroy is not convinced that the City needs a PIO. She thanked departments for saving money. She
thinks the mill for HRDC is a large amount, but the community can do it.
CR Mehl stated he would support a $4,000 increase for the band.
CR Krauss also supports the band request.
CR Pomeroy strongly supports the increase.
Mayor Taylor also supports the band increase. He stated he thinks he will know about the primary
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Bozeman City Commission Meeting DRAFT MINUTES, June 12, 2017
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money. He believes the reserve is more important than the contingency, and is willing to getting rid of
some of it. He reiterated his desire to increase adult recreation fees. He agrees with a PIO. He’d also like
to see a cut and add list. He’s okay with maintaining a mill and a half for Streamline.
09:58:19 PM (04:01:31) Meeting Extension
Mayor Taylor extended the meeting to 11:00 PM.
I. 09:58:24 PM (04:01:36) FYI/Discussion
• Mayor Taylor intends to put reclamation of the Black Olive on an upcoming agenda.
09:58:49 PM (04:02:01) Recess
Mayor Taylor called the Commission into recess for five minutes.
10:08:02 PM (04:11:14) Call to Order
J. 10:08:14 PM (04:11:26) Executive Session
1. Litigation: City v. Petersons
10:08:21 PM (04:11:33) Recommendation of Privacy
City Attorney Sullivan recommended closing the meeting regarding the pending litigation.
10:09:04 PM (04:12:16) Motion to close all or portions of this agenda item to the public pursuant to
Sect. 2-3-203(4)(a), MCA, as the Commission determines the meeting involves a discussion of litigation
strategy and an open meeting would have a detrimental effect on the litigation position of the city.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Jeff Krauss: 2nd
10:09:58 PM (04:13:10) Public Comment
There was no public comment.
10:10:03 PM (04:13:15) Vote on the Motion to close all or portions of this agenda item to the public
pursuant to Sect. 2-3-203(4)(a), MCA, as the Commission determines the meeting involves a discussion
of litigation strategy and an open meeting would have a detrimental effect on the litigation position
of the city. The motion passed 5-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
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Bozeman City Commission Meeting DRAFT MINUTES, June 12, 2017
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Commissioner - Chris Mehl: Approve
A separate set of minutes have been prepared for the Executive Session.
10:49:00 Call to Order
Mayor Taylor called the regular City Commission meeting back to order at 10:49 PM.
K. 10:50:00 PM – Adjournment
Mayor Taylor adjourned the meeting at 10:50 PM.
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THE CITY COMMISSION SPECIAL MEETING OF BOZEMAN, MONTANA
MINUTES
Thursday, September 7, 2017
Mayor - Carson Taylor: Present
Deputy Mayor - Cynthia Andrus: Present
Commissioner - Jeff Krauss: Present
Commissioner - I-Ho Pomeroy: Present
Commissioner - Chris Mehl: Present Staff Present at the Dais: Interim City Manager (ICM) Dennis Taylor, City Attorney (CA) Greg Sullivan,
City Clerk Robin Crough
A. 06:00:01 PM (00:03:31) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse
Mayor Taylor called the meeting to order at 6:00 PM.
B. 06:00:04 PM (00:03:35) Pledge of Allegiance and a Moment of Silence
C. 06:00:49 PM (00:04:20) Changes to the Agenda
There were no changes to the agenda.
D. 06:00:55 PM (00:04:26) Public Comment
Mayor Taylor opened public comment.
06:01:38 PM (00:05:09) Dave Chambers, Public Comment
Mr. Chambers discussed the impact of the UDC update to his neighborhood. He discussed parking and
the zone transition.
E. 06:03:39 PM (00:07:10) Action Items
1. 06:03:45 PM (00:07:16) Session Continued from August 24, 2017: Public Hearing of the
Bozeman City Commission Regarding Proposed Changes to the City’s Zoning, Subdivision, and
Other Land Use Regulations (Chapter 38, Bozeman Municipal Code) (known as the “UDC
Update”) (Public Comment Closed, Commission Deliberation Only) (Rogers)
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06:04:15 PM (00:07:46) Discussion
DM Andrus acknowledged that she has reviewed the August 24, 2017 meeting video and public
comment.
06:04:41 PM (00:08:12) Deputy Mayor Andrus Vote on the Motion to Table. The motion failed 2-3.
Deputy Mayor - Cynthia Andrus: Disapprove
[Final Vote on the Motion to Table.]
Commissioner - Jeff Krauss: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Carson Taylor: Disapprove
Deputy Mayor - Cynthia Andrus: Disapprove
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Disapprove
06:04:54 PM (00:08:25) Session Continued
Mayor Taylor continued the session to September 11, 2017.
06:05:11 PM (00:08:42) Procedure
Cr. Pomeroy asked how many Articles will be discussed on Monday’s agenda.
F. 06:06:17 PM (00:09:48) Executive Session
1. 06:06:24 PM (00:09:55) Selection of Finalists for City Manager (D. Taylor / Jorgenson)
06:06:29 PM (00:10:00) Commission Meeting Closed for Privacy Interests
Mayor Taylor stated that privacy rights have been asserted. The finalists’ names will be disclosed at a
future point in time. The Mayor closed to the public this portion of the meeting pursuant to Sect. 2-3-
203(3), MCA, as discussion relates to a matter of individual privacy and the Mayor determined the
demands of the individuals’ privacy clearly exceed the merits of public disclosure. The right of individual
privacy was not waived by the individuals about whom the discussion pertained.
A separate set of minutes have been prepared for the Executive Session.
07:14:54 PM (00:13:39) Call to Order
Mayor Taylor called the meeting back to order at 7:15 PM.
07:15:22 PM (00:14:06) Discussion
Mr. Holifield discussed the proposed schedule that he distributed for September 24th through
September 27th. Mr. Holifield and the Commission discussed the public and private meetings. CA Sullivan
and the Commission discussed the privacy of open meetings in detail.
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Bozeman City Commission Meeting DRAFT MINUTES, September 7, 2017
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Cr. Mehl asked what the hours for the 26th would be. He suggested that the 4:00 PM debrief occur at
6:00 PM.
07:34:55 PM (00:33:39) Public Comment
There was no public comment.
G. 07:35:15 PM (00:33:59) FYI/Discussion
Mayor Taylor asked the Commission to think about October and November schedules for this year.
H. 07:36:32 PM (00:35:16) Adjournment
___________________________________
Carson Taylor
Mayor
ATTEST:
___________________________________
Robin Crough
City Clerk
PREPARED BY:
___________________________________
Robin Crough
City Clerk
Approved on: ___________________________________
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, September 11, 2017
Mayor - Carson Taylor: Present
Deputy Mayor - Cynthia Andrus: Present
Commissioner - Jeff Krauss: Present
Commissioner - I-Ho Pomeroy: Present
Commissioner - Chris Mehl: Present Staff Present at the Dais: Interim City Manager (ICM) Dennis Taylor, Assistant City Attorney (ACA) Karen
Stambaugh, Deputy City Clerk Brenda Sweeney, City Clerk Robin Crough
A. 06:01:08 PM (00:03:38) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse
Mayor Taylor called meeting to order at 6:01 PM.
B. 06:01:17 PM (00:03:47) Pledge of Allegiance and a Moment of Silence
C. 06:02:41 PM (00:05:11) Changes to the Agenda
There were no changes to the agenda.
D. 06:02:49 PM (00:05:19) Minutes
1. Approve the Regular Meeting Minutes from August 7, August 14, August 21, and August 28,
2017, Special Meeting Minutes from August 17 and August 24, 2017, and User Access to
Linked Minutes
06:02:54 PM (00:05:24) Motion and Vote to approve the combined City Commission Minutes from
August 7, August 14, August 17, August 21, August 24, and August 28, 2017, as submitted. The motion
passed 5-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
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Bozeman City Commission Meeting DRAFT MINUTES, September 11, 2017
Page 2 of 16
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Approve
E. 06:03:37 PM (00:06:07) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Approve the Final Plat for Southbridge Phase VI Subdivision and Authorize the Director of
Public Works to Execute the Same on behalf of the City of Bozeman (Quasi-Judicial) (Rogers)
3. Ratify the Midtown Urban Renewal Board’s Midtown TIF Assistance Program Grant Award to
Midtown Apartments, LLC for the Midtown Apartments Project at 511 West Peach Street
(Fine)
4. Authorize the Interim City Manager to Sign Task Order Number 4 with Sanderson Stewart for
Oak Street and North 7th Avenue Intersection Improvements (Fine)
5. Authorize the Interim City Manager to Sign a Memorandum of Agreement and Waiver
Valuation with TCIP Partnership for Right-of-Way Purchase for Construction of Improvements
to Baxter Lane, Parcel 17 (Holiday Inn) (Murray)
6. Authorize the Interim City Manager to Sign a Declaration of Restrictive Covenants and
Reservation of Easements with RTR Holdings II for Snow Storage Southeast of the Intersection
of South 14th Street and State Street (Nielsen)
7. Authorize the Interim City Manager to Sign an Irrevocable Offer of Dedication with RTR
Holdings II, LLC for South University District Phase 2 (Nielsen)
8. Authorize the Interim City Manager to Sign a Sewer and Water Pipeline and Access Easement
and Agreement with RTR Holdings II, LLC for the Madison Town Homes at South University
District Phase 2 (Nielsen)
9. Authorize the Interim City Manager to Sign a Sewer and Water Pipeline and Access Easement
and Agreement and Public Street and Utility Easement with J & D Family Limited Partnership
for the J & D Family Subdivision (Kohtz)
10. Authorize the Interim City Manager to Sign a Public Utility Easement (Technology Boulevard),
Public Street and Utility Easement (Technology Boulevard), and Public Street and Utility
Easement (Garfield Street) with Advanced Technology Inc. for the Montana State University
Innovation Campus (Nielsen/Kohtz)
11. Authorize the Interim City Manager to Sign a Public Street and Utility Easement (Highland
Boulevard and East Main Street) with CHS Inc. for Blackmore Bend (Kohtz)
12. Authorize the Interim City Manager to Sign a Public Street Easement for Lot 1 (Haggerty Lane),
Public Street Easement for Lots 2 and 3, (Haggerty Lane), Utility Easement for Lots 1 and 2,
Public Access Easement for Lots 2 and 3, Sewer and Water Pipeline and Access Easement and
Agreement for Lots 1 and 2, and Water Pipeline and Access Easement and Agreement for Lot
3, in Block 1 of the Elks Club Property Subdivision with East Main Investments, LLC for
Blackmore Bend (Kohtz)
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Bozeman City Commission Meeting DRAFT MINUTES, September 11, 2017
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13. Authorize the Interim City Manager to Sign a Public Street and Utility Easement (Haggerty
Lane), Utility Easement, and Water Pipeline and Access Easement and Agreement for Lot 4 in
Block 1 of the Elks Club Property Subdivision with O-S Leasing Partners, LLP for Blackmore
Bend (Kohtz)
14. Authorize the Interim City Manager to Sign an Impact Fee Payment Agreement with East Main
Investments, LLC for Improvements to the Intersection of Highland Boulevard and East Main
Street Related to Blackmore Bend (Kohtz)
15. Authorize the Interim City Manager to Sign Two Temporary Stormwater Facility Easements
with Gilhousen Community Property Trust for the Yellowstone Theological Institute Minor
Subdivision Lot 1 and Lot 4 (Kohtz)
16. Authorize the Interim City Manager to Sign an Irrevocable Offer of Dedication of
Infrastructure Improvements with Cannery District Partners, LLC for the Cannery District
Phase 2 (Kohtz)
17. Authorize the Interim City Manager to Sign an Irrevocable Offer of Dedication of
Infrastructure Improvements with Four Points MT LLC for the Four Points Subdivision Lot 2
(Kohtz)
18. Authorize the Interim City Manager to Sign an Easement Application with Montana Rail Link
for an Access Road off of Red Wing Drive for the North Park Development (Kohtz)
06:03:43 PM (00:06:13) City Manager Overview
ICM Taylor provided a brief overview of Consent Items 1-18.
06:06:26 PM (00:08:55) Public Comment
There was no public comment.
06:06:41 PM (00:09:11) Motion and Vote to approve Consent Items 1-18 as submitted. The motion
passed 5-0.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Approve
F. 06:07:31 PM (00:10:01) Consent II (Items Acted on without Prior Unanimous Approval)
1. Ordinance 1974 Final Adoption, Regulating Short Term Rentals (Winn/Stambaugh)
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06:07:55 PM (00:10:24) Public Comment
There was no public comment.
06:08:31 PM (00:11:01) Motion and Vote that having considered public comment and having
provisionally adopted Ordinance 1974 on August 14, 2017, I hereby move to finally adopt Ordinance
1974 amending the Bozeman Municipal Code to add short term rental regulations. The motion passed
3-2.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Disapprove
Commissioner - I-Ho Pomeroy: Disapprove
Commissioner - Chris Mehl: Approve
G. 06:09:00 PM (00:11:29) Public Comment
Mayor Taylor opened public comment.
06:10:32 PM (00:13:01) Marilee Brown, Public Comment
Ms. Brown discussed a petition about short term rentals.
06:12:52 PM (00:15:21) H.J. Schmidt, Public Comment
Mr. Schmidt spoke about allowing detached ADUs. He proposed an alternate solution.
06:16:33 PM (00:19:02) Jennifer Rockne, Public Comment
Ms. Rockne discussed neighborhood associations and INC.
H. 06:18:57 PM (00:21:27) Mayoral Proclamation
1. National Neighborhood Day
Mayor Taylor read the proclamation regarding National Neighborhood Day.
I. 06:21:38 PM (00:24:07) Special Presentation
1. Fire Protection Master Plan Presentation (Waldo)
ICM Taylor introduced Fire Chief Josh Waldo who presented details of the Fire Department’s improved
Public Protection Classification (or ISO rating) from a Class 3 to a Class 2. He spoke about the Fire Master
Plan update including pursuing Fire Department accreditation. Mike Iacona, Center for Public Safety
Management, presented the Fire Master Plan. Mike talked about the project methodology and how the
project began. He reviewed initial observations, findings and recommendations. Mr. Iacona concluded his
presentation by opening up to questions.
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Page 5 of 16
06:40:42 PM (00:43:12) Questions of Presenter
Cr. Pomeroy asked about the need for two out of three fire stations needing to be relocated.
DM Andrus asked if this plan addresses the growth of the City and how we work with other
communities.
Cr. Mehl asked how would he (Cr. Mehl) know, as a layman, what the priority is in developing this plan.
He also asked about measuring success as a community. He asked what recommendations Mr.Iacona
would make in changing our capital budgeting program. His final question related to the dual option call
screening.
06:56:21 PM (00:58:51) Point of Clarification
Chief Waldo discussed what the capital fund is intended to cover relative to operating costs.
J. 06:57:38 PM (01:00:08) Action Items
1. 06:57:43 PM (01:00:13) Resolution 4833, Adoption of Fees for the Registration and
Inspection of Short Term Rentals (Saunders)
06:57:57 PM (01:00:27) Staff Presentation
Community Development Manager Chris Saunders presented the three components of the resolution,
one is existing and two are new. The City has an existing conditional use permit process, and it is
proposed that remain in place as part of this ordinance. Two new items included are 1) annual
registration fee, and (2) fire inspection, which is a one-time fee. The short term rental registration is an
annual cost. The City will incur a variety of expenses in operating the program, and the fees are intended
to recoup those expenses rather than burden the general public with those costs.
07:00:59 PM (01:03:29) Questions of Staff
DM Andrus asked for clarification that costs are in line with the actual work being done with regard to
registration fees. She asked Ms. Wolford, Deputy Chief/Fire Marshall, about how the fire inspection fee
was derived.
Cr. Mehl asked about the lottery for fire inspections versus a one-time fee. He asked about a business
license fee. He inquired about a regular review of costs collected.
07:07:21 PM (01:09:51) Public Comment
Mayor Taylor opened public comment.
07:07:35 PM (01:10:05) Deanna Campbell, Public Comment
Ms. Campbell asked about the registration fees. She said these fees should be affordable. Mr. Saunders
responded to the question.
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Page 6 of 16
07:10:53 PM (01:13:23) Questions of Staff
Cr. Krauss asked who would be subject to pay the fine for the CUP.
07:12:01 PM (01:14:31) Motion to adopt Resolution 4833 amending the fee schedule, for the review of
zoning, subdivision, annexation, growth policy proposals and other planning related review processes
to include fees for short term rentals, with an effective date of December 1, 2017.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
07:12:31 PM (01:15:01) Discussion
DM Andrus stated these fees discussed are cost recovery fees and are well thought out.
Cr. Mehl shared the same thoughts and commented we will have the chance to review these every year.
Mayor Taylor stated one of the most important City functions is safety and is pleased the fire
inspections will be conducted.
07:15:51 PM (01:18:21) Vote on the Motion to adopt Resolution 4833 amending the fee schedule, for
the review of zoning, subdivision, annexation, growth policy proposals and other planning related
review processes to include fees for short term rentals, with an effective date of December 1, 2017.
The motion passed 3-2.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Disapprove
Commissioner - I-Ho Pomeroy: Disapprove
Commissioner - Chris Mehl: Approve
07:16:20 PM (01:18:50) Commission Recess
Mayor Taylor called the Commission into recess until 7:25 PM.
07:27:06 PM (01:29:36) Call to Order
Mayor Taylor called the meeting back to order at 7:27 PM.
2. 07:27:20 PM (01:29:49) Resolution 4843, Amending the City’s Annual Budget to Include Items
to be Funded with Revenues that Exceed our Minimum General Fund Reserve (Donald)
07:27:37 PM (01:30:06) Staff Presentation
Finance Director Kristin Donald discussed the budget amendment for additional appropriations to the
General Fund. Staff recommends the funds stay in the reserve.
07:28:12 PM (01:30:41) Questions of Staff
DM Andrus clarified the noticed amount.
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Page 7 of 16
07:28:26 PM (01:30:55) Public Comment
Mayor Taylor opened public comment.
07:28:35 PM (01:31:05) Lee Hazelbaker, Public Comment
Mr. Hazelbaker, HRDC Transportation Director, discussed a recent decrease in federal funding for the
Streamline bus service.
07:29:57 PM (01:32:27) Discussion
Cr. Mehl referenced a staff memo discussing costs for a Parks FTE.
07:31:16 PM (01:33:46) Motion to fund the cost of 1.0 FTE parks maintenance worker.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
07:31:32 PM (01:34:02) Discussion
Cr. Mehl discussed the decrease of the mill levy’s contribution to the General Fund and noted
contributions to the reserve. He stated this is a piece of the commitment to parks and an incremental
step.
Cr. Pomeroy stated more staff is needed for parks and supports the motion.
Cr. Krauss asked the City Manager’s recommendation, which is to not allocate funds for either item. He
opposes the motion.
Cr. Mehl clarified his discussions on determining options for the FTE.
Mayor Taylor supports the motion. He is the liaison to the Recreation and Parks Advisory Board, and
noted recent growth.
DM Andrus supports the motion. She is the liaison to the TOPS Committee, and sees the need for the
position.
07:48:06 PM (01:50:36) Vote on the Motion to fund the cost of 1.0 FTE parks maintenance worker. The
motion passed 4-1.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Disapprove
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Approve
07:48:40 PM (01:51:10) Motion to support Streamline for $64,000 for the current fiscal year to increase
the services offered.
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Page 8 of 16
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
07:49:11 PM (01:51:41) Discussion
Cr. Mehl discussed the growth of the City and increasing costs. He also discussed the Commission’s goal
of increasing alternate modes of transportation.
Cr. Pomeroy stated that she does want to give more money to the Streamline to help the community
and environment.
DM Andrus supports the motion, but she’d like to see more information that these routes serve the
underserved.
Cr. Krauss stated that the City doesn’t actually have more money to spend. He does not support the
motion.
Mayor Taylor expressed his support of the motion and detailed the budgeting process.
08:06:44 PM (02:09:14) Vote on the Motion to support Streamline for $64,000 for the current fiscal
year to increase the services offered. The motion passed 4-1.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Disapprove
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Approve
08:07:49 PM (02:10:18) Motion to adopt Resolution 4843 [Amending the City’s Annual Budget to
Include Items to be Funded with Revenues that Exceed our Minimum General Fund Reserve] as
amended.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
08:08:09 PM (02:10:39) Discussion
Cr. Krauss will be voting no, as he voted once for the budget.
08:08:26 PM (02:10:56) Vote on the Motion to adopt Resolution 4843 [Amending the City’s Annual
Budget to Include Items to be funded with Revenues that Exceed our Minimum General Fund Reserve]
as amended. The motion passed 4-1.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
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Page 9 of 16
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Disapprove
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Approve
3. 08:08:51 PM (02:11:21) Session Continued from September 7, 2017: Public Hearing of the
Bozeman City Commission Regarding Proposed Changes to the City’s Zoning, Subdivision,
and Other Land Use Regulations (Chapter 38, Bozeman Municipal Code) (known as the “UDC
Update” (Public Comment Closed, Commission Deliberation Only) (Rogers)
08:09:17 PM (02:11:47) Process
Mayor Taylor stated the process of going article by article through the UDC Update. He also discussed
public comment. He discussed timing of the review as well as remaining agenda items.
Cr. Krauss urged the Commission to not go later than 10:00 PM, per the Commission’s Rules of
Procedure.
08:17:02 PM (02:19:32) Public Hearing
Mayor Taylor re-opened the public hearing.
08:17:46 PM (02:20:16) Presentation on Article 1
Senior Planner Tom Rogers provided an overview of Article 1 – General Provisions
08:19:11 PM (02:21:41) Questions of Staff
DM Andrus asked about the UDC being in compliance with the growth policy and how changes to the
growth policy would affect the UDC.
Cr. Krauss specifically called out issues he has with Section 38.100.050 and read the section which
related to minimum requirements adopted for the promotion of the health safety and general welfare
of the community. Staff responded in detail.
DM Andrus asked about procedure relative to Article 1 review.
Cr. Mehl asked about the section on HOAs and if anything changed relative to applicable versus matters
of law.
Cr. Krauss questioned the process of Section 38.100.050 and noted that it does not go into detail about
how that process is determined. He also questioned Section 38.100.070 relative to valid police power
delegated by the state to the city. ACA Karen Stambaugh responded. ICM Taylor referred to the
constitution adopted by the people.
08:37:38 PM (02:40:08) Public Comment
There was no public comment.
08:38:31 PM (02:41:01) Discussion
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Page 10 of 16
The Commission discussed how they would propose changes specific to Section 38.100.050 in great
detail. The Commission supported staff making a language change relative to the phrase “in some
instances the public interests will be best served when such minimums are exceeded”. The Commission
further supported adopting home rule language into Section 38.100.070.
Cr. Krauss asked about language in Section 38.100.080.B. relative to whether the regulations are specific
only to the zoning district. Staff responded.
08:56:14 PM (02:58:44) Presentation on Article 2
Senior Planner Tom Rogers presented Article 2 – Permits, Legislative Actions, and Procedures. Tom
wanted to be sure all public comment is entered into the record. One additional public comment was
entered into the record that was received just before the meeting began.
09:01:23 PM (03:03:52) Questions of Staff
Cr. Pomeroy asked for clarification in Section 38.200.010.A. regarding authority to make revisions
Cr. Mehl asked about DRB authority and why it was changed according to Section 38.230.040. He also
asked why large scale retail was struck.
Cr. Krauss referred to Page 32 Section G. He suggested different wording and a clarification.
DM Andrus referred to Page 39 Section E. and asked for clarification regarding a DRB quorum.
Cr. Krauss asked if they are unable to convene a quorum does there need to be a timely manner
established.
Cr. Mehl questioned Pages Section 38.230.100.A.7.a and wanted to hear some rationale from staff. He
also asked about Section 38.200.080.B. relative to grandfathering existing townhome subdivisions. He
asked about Section 38.230.050.E. with regard to a preference for scheduling if it’s an affordable
housing project.
Mayor Taylor commented that in light of the number of remaining questions on Article 2, the
Commission will pick this up right where they are.
Cr. Krauss suggested Page 29 as a continuance starting place.
09:29:16 PM (03:31:46) Session Adjournment
Mayor Taylor adjourned this session of the Commission meeting until the next regular meeting on
September 18, 2017.
4. 09:30:19 PM (03:32:49) Appointment(s) to the Community Affordable Housing Advisory
Board (CAHAB) (Sweeney/Crough)
09:32:25 PM (03:34:55) Motion to appoint Brooke Anderson to the Real Estate Financing position with
a term expiring June 30, 2018 [to the Community Affordable Housing Advisory Board].
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
09:32:40 PM (03:35:10) Public Comment
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Page 11 of 16
There was no public comment on this nomination.
09:32:46 PM (03:35:16) Vote on the Motion to appoint Brooke Anderson to the Real Estate Financing
position with a term expiring June 30, 2018 [to the Community Affordable Housing Advisory Board].
The motion passed 5-0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Approve
09:33:03 PM (03:35:33) Motion to appoint Anders Lewendal to the Construction Industry position with
a term expiring June 30, 2020 [to the Community Affordable Housing Advisory Board].
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
09:33:35 PM (03:36:05) Public Comment
There was no public comment on this nomination.
09:33:45 PM (03:36:15) Discussion
Cr. Pomeroy commented that Mr. Lewendal has been in the Construction Industry for many years and is
currently retired. She is still recommending him based on his knowledge of the industry.
Mayor Taylor indicated he would vote against the motion. He appreciates the service of Mr. Lewendal
for the last four years but would like to see someone in the Construction Industry position that is
currently working in it and can give us some insight particularly into the newly mandated zoning
inclusions as well as incentives.
DM Andrus will also vote against Mr. Lewendal but appreciates all the work he has done on the board
and in the community.
09:36:38 PM (03:39:08) Vote on the Motion to appoint Anders Lewendal to the Construction Industry
position with a term expiring June 30, 2020 [to the Community Affordable Housing Advisory Board].
The motion failed 2-3.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Carson Taylor: Disapprove
Deputy Mayor - Cynthia Andrus: Disapprove
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Bozeman City Commission Meeting DRAFT MINUTES, September 11, 2017
Page 12 of 16
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Disapprove
09:37:03 PM (03:39:33) Motion to appoint Greg Stratton to the Construction Industry position with a
term expiring June 30, 2020 [to the Community Affordable Housing Advisory Board].
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
09:37:24 PM (03:39:54) Discussion
The Commission discussed the positions for which Mr. Stratton qualifies in addition to the Construction
Industry position.
09:41:02 PM (03:43:32) Public Comment
Mayor Taylor opened public comment on this nomination.
09:40:53 PM (03:43:23) Public Comment, Greg Stratton
Mr. Stratton commented that he would be happy to serve in either position, special needs housing or
construction.
09:41:59 PM (03:44:29) Discussion Continued
The Commission further discussed details of criteria for applicants to these board positions.
09:45:50 PM (03:48:20) Vote on the Motion to appoint Greg Stratton to the Construction Industry
position with a term expiring June 30, 2020 [to the Community Affordable Housing Advisory Board].
The motion passed 3-2.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Disapprove
Commissioner - I-Ho Pomeroy: Disapprove
Commissioner - Chris Mehl: Approve
09:46:07 PM (03:48:37) Motion to appoint Kevin Thane to the Organization Providing Services to Low
and Moderate Income Persons representative position with a term expiring June 30, 2020 [to the
Community Affordable Housing Advisory Board].
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
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Page 13 of 16
09:46:27 PM (03:48:57) Public Comment
There was no public comment on this nomination.
09:46:34 PM (03:49:04) Discussion
The Commission discussed Mr. Thane’s great advocacy on this board and agreed he is great fit.
09:47:40 PM (03:50:10) Vote on the Motion to appoint Kevin Thane to the Organization Providing
Services to Low and Moderate Income Persons representative position with a term expiring June 30,
2020 [to the Community Affordable Housing Advisory Board]. Motion carried 5-0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Approve
09:47:55 PM (03:50:25) Motion to appoint Kara Baldwin to the Low or Moderate Income Housing
position with a term expiring June 30, 2020 [to the Community Affordable Housing Advisory Board].
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
09:48:11 PM (03:50:41) Public Comment
There was no public comment on this nomination.
09:48:26 PM (03:50:56) Discussion
The Commission discussed Ms. Baldwin’s qualifications for this position. City Clerk Crough confirmed she
does not reside in low income housing that meets that position qualification but it is the Commission’s
decision whether or not the make this appointment. Cr. Pomeroy would like to move forward with Ms.
Baldwin’s appointment regardless.
09:51:13 PM (03:53:43) Vote on the Motion to appoint Kara Baldwin to the Low or Moderate Income
Housing position with a term expiring June 30, 2020 [to the Community Affordable Housing Advisory
Board]. The motion failed 1-4.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Carson Taylor: Disapprove
Deputy Mayor - Cynthia Andrus: Disapprove
Commissioner - Jeff Krauss: Disapprove
Commissioner - I-Ho Pomeroy: Approve
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Page 14 of 16
Commissioner - Chris Mehl: Disapprove
09:52:03 PM (03:54:33) Motion to appoint Amy Ference to the Low or Moderate Income Person
position with a term expiring June 30, 2020 [to the Community Affordable Housing Advisory Board].
Commissioner - I-Ho Pomeroy: Motion
Motion failed for lack of a second.
09:52:41 PM (03:55:11) Motion to appoint Kara Baldwin to the Citizen with Demonstrated Interest in
Special Needs Housing position with a term expiring June 30, 2018 [to the Community Affordable
Housing Advisory Board].
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
09:53:51 PM (03:56:21) Public Comment
There was no public comment on this nomination.
09:54:01 PM (03:56:31) Discussion
The Commission discussed Ms. Baldwin’s qualifications for this position. City Clerk Crough confirmed the
Clerk’s office spoke with Ms. Baldwin on the phone and she confirmed her interest in this position. The
Commission agreed the criteria for this position needs to be clarified.
09:58:20 PM (04:00:50) Vote on the Motion to appoint Kara Baldwin to the Citizen with Demonstrated
Interest in Special Needs Housing position with a term expiring June 30, 2018 [to the Community
Affordable Housing Advisory Board]. The motion failed 1-4.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
Mayor - Carson Taylor: Disapprove
Deputy Mayor - Cynthia Andrus: Disapprove
Commissioner - Jeff Krauss: Disapprove
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Disapprove
09:58:46 PM (04:01:16) Commission Recess
Mayor Taylor called the Commission into recess for the Strategic Plan discussion setup.
10:06:38 PM (04:09:07) Call to Order
Mayor Taylor called the meeting back to order at 10:06 p.m.
5. 10:06:43 PM (04:09:13) Staff Recommendation on Strategic Plan Process (D. Taylor)
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Page 15 of 16
10:06:43 PM (04:09:13) Staff Presentation
ICM Taylor introduced the contents of the Strategic Plan packet. Staff spoke to the work that was put in
to the Strategic Plan, outlined their areas of focus and requested clear goals from the Commission as
they conduct their review. The Commission discussed plan revisions in detail focusing on specific areas.
10:27:34 PM (04:30:04) Commission Meeting Extension
Mayor Taylor extended the meeting until 11:00 p.m. and commented he will not go beyond that time.
10:28:10 PM (04:30:40) Strategic Plan Discussion Continued
ICM Taylor recognized that staff needs to conduct further work on suggested revisions. The
commissioners and staff continued to discuss what was missing and paired it down.
10:38:06 PM (04:40:36) Point of Clarification
Director of Development Brit Fontenot, made a clarification on Page 468 of the packet under Letter B,
Infrastructure Investments. The City does not own, operate or provide an “internet service”, but rather a
“conduit system”.
10:42:53 PM (04:45:23) Public Comment
Mayor Taylor opened public comment.
10:43:28 PM (04:45:58) Robert Lee, Public Comment
Mr. Lee cautioned the Commission and staff that while our current zoning laws are not onerous and
what we require is not difficult, they are vague enough that what’s coming to us can either be forced on
us or drive people away.
10:47:32 PM (04:50:02) Discussion on Next Steps
Mayor Taylor asked for other comments needed to put together information for the next meeting. The
Commission discussed the best approach to how the next meeting will be conducted.
11:00:19 PM (05:02:49) Mayor Taylor extended the meeting to 11:05 p.m.
11:00:37 PM (05:03:07) Discussion on Next Steps Continued
Cr. Mehl made the final suggestion that the next meeting should be the Commission with staff included
along with public comment.
K. 11:00:47 PM (05:03:17) FYI/Discussion
Mayor Taylor asked if there was anything else to cover. There were no other issues raised.
L. 11:00:52 PM (05:03:22) Adjournment
Mayor Taylor adjourned the meeting at 11:02 p.m.
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Page 16 of 16
___________________________________
Carson Taylor
Mayor
ATTEST:
___________________________________
Robin Crough
City Clerk
PREPARED BY:
___________________________________
Brenda Sweeney
Deputy City Clerk
Approved on: ___________________________________
35
Page 1 of 5
THE BOZEMAN CITY COMMISSION / GALLATIN COUNTY COMMISSION
JOINT MEETING
BOZEMAN CITY COMMISSION MINUTES
Friday, September 15, 2017
PLEASE NOTE TIME STAMPS ARE APPROXIMATELY 7 MINUTES EARLY. AUDIO QUALITY AT THE TABLE IS POOR,
PLEASE SEE WRITTEN MINUTES FOR BETTER DETAIL.
Mayor - Carson Taylor: Present
Deputy Mayor - Cynthia Andrus: Present
Commissioner - Jeff Krauss: Present
Commissioner - I-Ho Pomeroy: Present
Commissioner - Chris Mehl: Present County Commissioners:
Chairman - Don Seifert: Present
Commissioner - Steve White: Present
Commissioner - Joe Skinner: Present
Staff Present at the Table: Interim City Manager (ICM) Dennis Taylor, County Administrator Jim Doar
A. 01:55:32 PM (00:02:32) Call to Order – 2:00 PM - Commission Room, Gallatin County Courthouse,
311 West Main Street
Mayor Taylor called the Bozeman City Commission to order at 2:02 PM.
B. 01:55:41 PM (00:02:41) Pledge of Allegiance and a Moment of Silence
C. 01:56:43 PM (00:03:43) Changes to the Agenda
There were no changes to the agenda.
D. 01:56:56 PM (00:03:56) Public Comment
There was no public comment.
E. 01:57:23 PM (00:04:23) Action Items
01:57:26 PM (00:04:26) Procedure
The Commissioners discussed their expectations of the meeting.
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Page 2 of 5
1. 02:00:50 PM (00:07:50) Joint Report on the Triangle Planning Coordinating Committee
(Mehl/Seifert)
02:01:15 PM (00:08:15) Staff Presentation
Sean O’Callahan provided a brief history of the committee and the current status. He discussed staffing
issues and the need of a facilitator. He discussed another MOU will be required in the near future for
this.
02:03:55 PM (00:10:55) Questions/Discussion
Cr. White asked Mr. O’Callahan to explain the PCC a little more for the public, as well as how well
attended and advertised they have been.
Cr. Mehl discussed work to increase community input and other similar community efforts.
DM Andrus asked about the process for the RFP (if applicable), and how does staff envision managing
the contract.
Mayor Taylor asked what the goals of the PCC are, and what the current issues are. The Commissions
discussed emergency services and the roles of the three entities (Bozeman, Belgrade, and Gallatin
County).
Cr. White asked if the Transportation Coordinating Committee has been discussed in the context of the
PCC.
DM Andrus asked if there was any info the elected officials could help provide today. Chair Seifert
responded it is currently information gathering. Cr. Mehl discussed addressing public safety and cost.
02:19:25 PM (00:26:25) Public Comment
Public comment was opened.
02:19:36 PM (00:26:36) Lauren Waterton, Public Comment
Ms. Waterton spoke that each community is planning on updating their growth policies in coming years,
so the time is appropriate.
02:20:55 PM (00:27:55) Questions/Discussion Continued
Mayor Taylor asked if it would be appropriate to have the three government entities meet together.
The next PCC meeting is October 18th at 3:00 PM in the County Commission Room.
2. 02:23:21 PM (00:30:21) Law and Justice Center Next Steps (Taylor/Seifert)
VIEW THE PRESENTATION HERE.
02:23:24 PM (00:30:24) Staff Presentation
Bill Hanson of ThinkOne presented on the existing Law & Justice Facility and how it may be reconfigured.
Mr. Hanson discussed the anticipated costs. He discussed four scenarios/options. John Wirth with
ThinkOne discussed Option 1, which is construct a new center and renovate the current facilities with
additional courtrooms. Option 2 is to do the same bond process as 2016. Option 3 is to construct a new
center and conduct extensive renovations including judicial facilities. Option 4 is to continue to utilize
the current facilities.
Mayor Taylor asked for the difference between Options 1 and 3.
Mr. Wirth discussed the project process, considering campus site considerations, building plan
considerations, and operational considerations. He discussed the project drivers and site drivers for
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judicial staff, law enforcement, and the detention center. He discussed the L&J Center existing
conditions, including architectural, structural, mechanical/electrical, and hazardous materials.
Cr. White asked about courtroom sizes and the differences between justice/municipal/district courts.
Tharen Thompson with Stahly Engineering provided some background information and current status of
the building. Mayor Taylor asked about occupancy and earthquake hazard level.
Mr. Wirth discussed removed structural elements. He discussed the building drivers, including judicial
and law enforcement. He discussed operational and other drivers. He discussed Option 1 in detail,
including Options A and B within Option 1. He discussed Option 2 in detail, which for the most part
replicates the 2016 process, acknowledging the cost over time estimates for 2019 dollars. Mr. Wirth
discussed Option 3 and it’s A and B options. He discussed Option 4 in detail.
03:11:17 PM (01:18:17) Questions
An audience member asked a question about clerk/court space.
Cr. Krauss asked for a copy of the presentation.
Cr. Pomeroy asked if Option 1 was primarily the law enforcement option. It was clarified that was
Option 4.
Mayor Taylor asked how much more work would it be to put rough numbers on each of the options.
This will take a week to ten days.
Cr. White asked about the unusability of the building during the renovation process. He also asked
about site plan encroachment into the court facilities.
DM Andrus clarified the additional cost numbers and the essential service level.
03:22:48 PM (01:29:48) Public Comment
Mayor Taylor opened public comment.
03:23:10 PM (01:30:10) Jim Stordahl, Public Comment
Mr. Stordahl, District Court Administrator, asked that the court’s future plan inform the decisions made
in this, and asked that he be involved in the process.
03:24:19 PM (01:31:19) Terry Cunningham, Public Comment
Mr. Cunningham discussed convincing the public to support this, and encouraged a possibility of using
the Sheriff’s department and Police department, and looking off campus. He also discussed working with
the development community.
03:26:32 PM (01:33:32) Dave Weaver, Public Comment
Mr. Weaver, representative of the CIP, expressed the committee’s thoughts on the phasing, and
discussed that it was not cost effective to renovate the current facilities. He asked that the
Commissioners consider all of the long-term costs, as well as costs associated with delaying
construction. He encouraged the Commissions to contribute sufficient resources for public education.
03:30:09 PM (01:37:09) Robert Lee, Public Comment
Mr. Lee discussed the safety issues with the current building. He discussed some current unknowns and
cost issues. He thanked the Commissions for working together on this.
03:33:55 PM (01:40:55) Jennifer Boyer, Public Comment
Ms. Boyer discussed the importance of victim and public safety, privacy, and security. She encouraged
the Commissions to adequately address this.
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03:34:47 PM (01:41:47) Questions Continued
Mayor Taylor asked how do they proceed to decide what the next steps are, and should there be a next
steps committee.
Cr. White stated a reassembly of the two Commissions to discuss thoughts and ask question of the
architects will be more useful after examining the presentation. DM Andrus discussed estimated renovation costs and having those on hand to inform future decisions.
Cr. Mehl asked to set a date for the next steps group.
Cr. Skinner stated that this should be done in work groups, not a full joint meeting. Chair Seifert agreed
with deciding representatives.
DM Andrus suggested meeting together as a full group in November.
Mayor Taylor agreed a representative subgroup should meet and organize a future discussion.
Cr. White discussed the work done to provide information to the voters, and asked how much has been
done that doesn’t need to be done over?
The Commissions discussed the subcommittee and future meetings in detail, including discussing cost
information.
Mayor Taylor encouraged being ready in the spring.
Chair Seifert recommended Mr. Winn and Mr. Borzack be involved in the future discussion.
DM Andrus asked if there is use for having an official committee.
The Commission confirmed having a smaller committee to discuss prior to the next meeting. The City
supported DM Andrus and Mayor Taylor to the committee.
Cr. Krauss stated this has been unsuccessful for many years, so he’d like to look at this further.
The County will discuss internally before a committee meeting. County Administrator Doar and Interim
City Manager Taylor will discuss and determine the next meeting.
Mayor Taylor discussed what is currently happening in the interim, and how to better communicate and
coordinate.
Chair Seifert stated the storage facility is moving forward, and the security is on hold.
3. 04:00:39 PM (02:07:39) Discussion on Policies for Land Development Near and Adjacent to
the City of Bozeman (Mehl/Seifert)
04:00:51 PM (02:07:51) Presentation
Cr. Mehl discussed coordinating growth in boundary areas, and lessons to be earned from Manhattan
and Billings. He discussed potential options for collaboration.
04:05:40 PM (02:12:40) Questions
Cr. Mehl asked Sean O’Callahan to provide any additional information. Mr. O’Callahan described other
MOUs and the draft MOU assembled in the early 2000s. Cr. Mehl discussed setting a map with color
coordination for determinations, a focus on roads and infrastructure, then parks and stormwater as the
next priorities.
Cr. Skinner asked if development standards are a big part of this.
Cr. White asked how to deal with areas that the City may not be interested in annexing, referencing
Loyal Gardens.
Cr. Krauss noted that aside from liens, there are places that have been landlocked that prevent
extension of city services. It was discussed that the City’s intentions need to be known.
Cr. Skinner likes the idea and an interlocal is needed.
Chair Seifert discussed the example of Four Corners and the need to no longer look at it as sprawl, but
now infill.
Cr. Mehl proposed coming back with a map and infrastructure plan, and timeline for development.
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Cr. Skinner also discussed the staffs coming together and bringing a draft interlocal to discuss.
Cr. Krauss stated the transition area was eliminated for a reason, and it worked, but now the map
should communicate where active development will be pursued.
Cr. Pomeroy clarified that the City loves annexation. She also discussed development standards for
density.
Sean O’Callahan discussed the incentive to annex into the city, as well as the use of having the map be
realtime and quickly updated.
04:22:04 PM (02:29:04) Public Comment
Chair Seifert opened public comment.
04:22:08 PM (02:29:08) Greg Allen, Public Comment
Mr. Allen discussed the necessity of building to urban density. He discussed the approval timeline
discrepancy for City and County applications, and there is a disconnect between what the City and
County is trying to do. The two entities need to work together.
F. 04:26:04 PM (02:33:04) FYI/Discussion
1. Mayor Taylor suggested hiring a mediator to settle the lawsuit.
G. 04:27:04 PM (02:34:04) Adjournment
Mayor Taylor adjourned the City Commission at 4:34 PM.
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Page 1 of 16
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, September 18, 2017
Mayor - Carson Taylor: Present
Deputy Mayor - Cynthia Andrus: Present
Commissioner - Jeff Krauss: Present
Commissioner - I-Ho Pomeroy: Present
Commissioner - Chris Mehl: Present
Staff Present at Dais: Interim City Manager (ICM) Dennis Taylor, Assistant City Attorney (ACA) Karen
Stambaugh, Deputy City Clerk Brenda Sweeney
A. 06:00:57 PM (00:05:25) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse
Mayor Taylor called the meeting to order at 6:00 PM.
B. 06:01:27 PM (00:05:55) Pledge of Allegiance and a Moment of Silence
C. 06:02:14 PM (00:06:42) Changes to the Agenda
There were no changes to the agenda.
D. 06:02:18 PM (00:06:46) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Authorize the Interim City Manager to Sign an Impact Fee Payment Agreement with Cannery
District Partners, LLC for Improvements to Oak Street (Kohtz)
3. Authorize the Interim City Manager to Sign Two Professional Service Agreements with Snow
Shovel, LLC. and TLC Landscape and Excavation, Inc. to Complete On-Call Street Sweeping and
Storm Sewer Cleaning Services on behalf of the City Over a One-Year Term (Mehrens)
4. Resolution 4846, Authorizing the City Manager to Sign a Waiver of Right to Protest Special
Improvement Districts Associated with Story Mill Community Park for Infrastructure
Improvements at Story Mill Road, Griffin Drive, and Story Mill Road - Bridger Drive
Intersection (Poissant)
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Page 2 of 16
06:02:28 PM (00:06:56) City Manager Overview
ICM Taylor provided a brief overview of Consent Items 1-4.
06:04:18 PM (00:08:46) Public Comment
There was no public comment.
06:04:25 PM (00:08:53) Motion and Vote to approve Consent Items 1-4 as submitted. The motion
passed 5-0.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Approve
E. 06:04:48 PM (00:09:16) Public Comment
Mayor Taylor opened public comment.
06:06:14 PM (00:10:42) Jacqueline Kats, Public Comment
Ms. Kats commented on property she owns and was going to build on but did not because of parking
space issues. She also commented on the Black Olive project as well as expressed frustration over city
council spending money to study the Swim Center Bulkhead issue. She urged commissioners to attend
the meeting on Wednesday night regarding this topic. Finally, Ms. Kats commented on the potential Law
and Justice Center regarding the location.
06:09:34 PM (00:14:02) Richard Brown, Public Comment
Mr. Brown commented on the Cherry Pick Fact of 1920 with regard to density. He spoke to the context
of what the development of large buildings would do to the inner part of the city.
06:12:39 PM (00:17:07) Daniel R. Peterson, Public Comment
Mr. Peterson commented on parking issues. He spoke about the diversity of the number of people who
own cars, and the effects of making a decision on parking based on the number of cars driven.
06:15:02 PM (00:19:30) Ellen Stephenson, Public Comment
Ms. Stephenson spoke about Black Olive with regard to development being too tall.
06:15:58 PM (00:20:26) Eric Karshner, Public Comment
Mr. Karshner is a member of the Bozeman Historic Preservation Advisory Board and spoke on their
behalf about Subchapter 4B of the UDC. He stated that the board does not recommend the Commission
affirm and re-adopt Resolution 4598. He further spoke about the recommendations of the board.
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Page 3 of 16
06:18:44 PM (00:23:12) Nancy Schultz, Public Comment
Ms. Schultz spoke about historic values cited and what Secretary of Interior standards state. She
presented a hand-written zoning map and referenced the Emerson Lawn.
06:20:44 PM (00:25:12) Brittany Eilers, Public Comment
Ms. Eilers, on behalf of Thrive, thanked the City Commission and community for their continued support
of the Thrive programs.
F. 06:21:23 PM (00:25:51) Mayoral Proclamation
1. September 2017 - Thriving Community Month
Mayor Taylor read a proclamation recognizing September as Thriving Community Month in
support of families and preservation of our thriving community.
G. 06:23:05 PM (00:27:33) Action Items
1. 06:23:05 PM (00:27:33) Resolution 4823, Annual Assessment for the Business Improvement
District (BID) for Fiscal Year 2018 (Donald)
06:23:16 PM (00:27:44) Staff Presentation
Finance Director Kristin Donald presented Resolution 4823. The resolution sets charges for the property
based on the budget and work plan presented in June during the budget process. Ms. Donald reviewed
the detailed assessment.
06:23:53 PM (00:28:21) Questions of staff
There were no questions of staff.
06:24:01 PM (00:28:29) Public Comment
There was no public comment.
06:24:10 PM (00:28:38) Motion to adopt Resolution 4823, Annual Assessment for the Business
Improvement District (BID) for the Fiscal Year 2018.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
06:24:24 PM (00:28:52) Discussion
DM Andrus commented that this item was discussed during the budget meeting and helps the programs
in the improvement district. She will support the motion.
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Cr. Mehl noted that it’s the same amount as the previous fiscal year, so they’re rolling over and being
efficient with their funding which he appreciates.
06:24:51 PM (00:29:19) Vote on the Motion to adopt Resolution 4823, Annual Assessment for the
Business Improvement District (BID) for the Fiscal Year 2018. The motion passed 5-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Approve
2. 06:25:15 PM (00:29:43) Resolution 4824, Annual Assessment for the Tourism Business
Improvement District (TBID) for Fiscal Year 2018 (Donald)
06:25:17 PM (00:29:45) Staff Presentation
Finance Director Kristin Donald presented Resolution 4824. The resolution represents the annual charge
for occupied room rate that exceeds the ten room limit, which is based on actual room occupancy. The
work plan and budget were presented in the budget meeting in June.
06:25:45 PM (00:30:13) Questions of Staff
There were no questions of staff.
06:25:51 PM (00:30:19) Public Comment
There was no public comment.
06:26:02 PM (00:30:30) Motion to adopt Resolution 4824, Annual Assessment for the Tourism Business
Improvement District (TBID) for the Fiscal Year 2018.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
06:27:59 PM (00:32:27) Discussion
Cr. Mehl pointed out this was discussed at a hearing in June. The rate has been in place for several
years, and he believes everything is in order.
Cr. Pomeroy commented the money is used to promote Bozeman, and she will support the motion.
06:26:43 PM (00:31:11) Vote on the Motion to adopt Resolution 4824, Annual Assessment for the
Tourism Business Improvement District (TBID) for the Fiscal Year 2018. The motion passed 5-0.
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Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Approve
3. 06:26:57 PM (00:31:25) Continuation of Ordinance 1980 Provisional Adoption, Revisions to
Article 38.43, Affordable Housing to Address Condominiums Text Amendment, Application
17381 (Matsen)
06:27:27 PM (00:31:55) Staff Presentation
Community Development Director Marty Matsen informed the Commission that this action did not have
a quorum at the last Zoning Commission meeting. It will be heard tomorrow and be back in front of the
Commission in a future agenda.
06:27:43 PM (00:32:11) Public Comment
There was no public comment.
06:27:55 PM (00:32:23) Motion to continue the advertised public hearing on Application 17381 to
October 2, 2017.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
06:28:35 PM (00:33:03) Discussion
Cr. Pomeroy will support the motion.
06:28:18 PM (00:32:46) Vote on the Motion to continue the advertised public hearing on Application
17381 to October 2, 2017. The motion passed 5-0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Approve
4. 06:28:34 PM (00:33:02) Ordinance 1976 Provisional Adoption, a Text Amendment of the
Bozeman Municipal Code, Section 38.25.040 to Set Minimum Off-Street Parking
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Requirements for the B-2M District, Application 17304 (Fine)
06:28:58 PM (00:33:26) Staff Presentation
Economic Development Director Brit Fontenot introduced Ordinance 1976. Mr. Fontenot explained the
ordinance, which relates to parking in the Midtown, and reminded the Commission of options presented
to them by staff in May of this year.
Economic Development Specialist David Fine presented the staff report. Mr. Fine spoke about Bozeman
Midtown B-2M Zoning, which is a generally applicable zone. He discussed policy development goals which
were created based on a detailed policy discussion on parking minimums in the B-2M Zone with the City
Commission in May. Ordinance 1976 outlines six areas of changes for proposed parking requirements for
B-2M Zoning. Mr. Fine entered the staff report and findings into the record.
06:37:57 PM (00:42:25) Questions of Staff
Cr. Mehl asked if David could provide detail about how he looked at a variety of both commercial and
residential parking, the survey conducted and what services were retained to arrive at his findings. D
Cr. Krauss asked about the suspension in the Midtown possibly being modified to be through the
Midtown Peach to the southern-most limit of the district or a different boundary than suggested.
Cr. Pomeroy asked if B2-M is allowed in all of Bozeman. She asked if the reason for suspending the
parking minimum is to encourage development in Midtown and whether there is a plan for parking
spaces in the event of a large development.
Cr. Krauss referred to a recommendation made by the Midtown Urban Renewal Board in a letter dated
April 2017. He asked how they will handle mixed use.
06:45:55 PM (00:50:23) Public Comment
Mayor Taylor opened public comment.
06:46:09 PM (00:50:37) Mike Hope, Public Comment
Mr. Hope owns property on North 7th. He talked about a project he was working on involving mixed use
development and stated that he will reevaluate building this project if the Commission approves
development with zero parking.
06:49:45 PM (00:54:13) Luke Welbourn, Public Comment
Mr. Welbourn is the owner and representative of Midtown Apartments, LLC and spoke about the single
family home they are proposing to tear down to build a nine-unit apartment building. He commented on
the parking requirements and how it affects this project.
06:51:37 PM (00:56:05) Allison Norris, Public Comment
Ms. Norris owns the Molly Brown and spoke of her concern regarding adequate parking in her lot and
the overflow from surrounding businesses.
06:53:48 PM (00:58:16) Bruce Brown, Public Comment
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Mr. Brown owns a property on Main Street and supports Mr. Fine’s basic proposal, in particular the
suspension of the zero parking option. Mr. Brown spoke about developers adjusting their plan to
accommodate the parking requirements.
06:55:25 PM (00:59:53) Kenny Strauss, Public Comment
Mr. Strauss spoke about a pizza restaurant he and his partners are seeking to open. He talked about the
current code requirements for parking not meeting the needs of their potential customers and supports
the proposal to reduce parking minimums.
06:56:55 PM (01:01:23) Brian Popiel, Public Comment
Mr. Popiel thanked Mr. Fine for bringing the proposal to the Commission and believes this is a solid way
to encourage re-development in a blighted area.
06:59:01 PM (01:03:29) Lindsey Shack, Public Comment
Ms. Shack commented that she is here representing owners of a proposed hotel and supports reducing
the parking standards. She spoke about how the reduced parking will help the development happen in a
way the City can manage.
07:00:42 PM (01:05:10) Stuart Mitchell, Public Comment
Mr. Mitchell spoke about the knowledge it takes to reduce parking to nothing as well as market support.
He expressed concerned regarding the type of class this requirement is possibly pushing and does not
feel we are prepared to make this decision without further dialogue.
07:03:37 PM (01:08:05) Mary Padzitzer, Public Comment
Ms. Padzitzer spoke about living in the core of Bozeman and feels the parking effects of the downtown
businesses on her street. She is concerned about taking parking regulations away and having the
overflow go right into the neighborhoods.
07:05:35 PM (01:10:03) Questions of staff
DM Andrus asked if the Urban Renewal District boundary is the same as the B-2M boundary in the
Midtown, and if Mr. Fine could show a map. Ms. Andrus asked for clarification to the public that the
suggested no minimum requirement is only in the Urban Renewal District of Midtown and that any
place else containing B-2M would be the blended rate.
07:07:51 PM (01:12:19) Motion that having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the staff report
for application 17304 and move to provisionally adopt Ordinance 1976, a text amendment of the
Bozeman Municipal Code, Section 38.25.040 to set minimum off-street parking requirements for the B-
2M District.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
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07:09:01 PM (01:13:29) Amendment to the Motion to limit the area where the minimums are waived
to that portion of the district, Zone B-2M, south of Peach to the limits of the district.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
07:09:29 PM (01:13:57) Discussion
Cr. Krauss pointed out that the Midtown Urban Renewal Board had three votes in favor of reducing to a
zero minimum, two votes against a zero level but with suggestions of reducing to one half or one
minimum per thousand. He talked about a study conducted by the Board regarding the types of projects
wanted in this area and the results of that study leading him to his amendment.
DM Andrus will not support the amendment. She talked about the attempted approach to creativity and
innovation in the urban renewal area with regard to zoning, and if we are wanting to spur development
in this area, then this “no minimum” makes sense to her.
Cr. Mehl would like to see this work in the entire TIF area because it does need more help than other
areas. He would apply it across the board especially those northern areas.
Mayor Taylor will not vote for the amendment as it stands. He talked about the amount of space to the
North and noted that if the need for parking comes up because the minimums have not worked as
anticipated, there is space to find public parking in that area.
07:15:44 PM (01:20:12) Vote on the Amendment to the Motion to limit the area where the minimums
are waived to that portion of the district, Zone B-2M, south of Peach to the limits of the district. The
amendment failed 1-4.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Mayor - Carson Taylor: Disapprove
Deputy Mayor - Cynthia Andrus: Disapprove
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Disapprove
Commissioner - Chris Mehl: Disapprove
07:16:02 PM (01:20:30) Discussion
Cr. Krauss is prepared to make this decision tonight. He talked about his involvement in the effort for TIFs
in this area and in downtown. He talked about why both areas were blighted what methods were used to
make changes. He noted that he did read all of the public comment on this issue, as he does all of the
public comment he receives and considers it carefully.
DM Andrus is ready to make a decision. She spoke about the options the Commission discussed about a
month ago and noted she was not in favor of B-2M with no minimums at that time. She talked about the
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lack of progress on North 7th over the years and commented this is a chance for something great to
happen. She will support the original motion.
Cr. Mehl talked about when and how the Commission receives public comment and pointed out that
they all read it and track it. He addressed the public comment given tonight regarding how much is to be
learned from this process. He talked about the parking research conducted of our peers and further
commented on surveying parking needs going forward.
Cr. Pomeroy echoed fellow Commissioners’ comments about this area needing some help. She talked
about her question of Mr. Fine regarding the possibility of large developments and a solution for parking
being part of those developments. She will support the motion.
Mayor Taylor confirmed there were eight (8) public comments received on the parking minimums topic
as suggested by Mr. Fine earlier. He talked about the two main pieces of this issue from his viewpoint, 1)
meeting environmental changes, and 2) changing the way we relate to automobiles. He talked about his
previous direction to staff to come up with a recommendation they believed in, and they did that. He
will support the motion.
Cr. Krauss thanked Mr. Fontenot and Mr. Fine for bringing the issue forward and admires their efforts,
as well as the direction of Mayor Taylor.
07:32:36 PM (01:37:04) Vote on the Motion that having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings presented in
the staff report for application 17304 and move to provisionally adopt Ordinance 1976, a text
amendment of the Bozeman Municipal Code, Section 38.25.040 to set minimum off-street parking
requirements for the B-2M District. The motion passed 4-1.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Disapprove
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Approve
07:32:56 PM (01:37:24) Recess
Mayor Taylor called the Commission into recess until 7:45 PM.
07:47:10 PM (01:51:38) Call to Order
Mayor Taylor called the Commission back to order at 7:47 PM.
5. 07:47:20 PM (01:51:48) Ordinance 1981 Provisional Adoption, a Proposal to Affirm and
Readopt Resolution 4598, as Amended by Resolution 4623, Which Added Subchapter 4B
(Design Guidelines for Commercial Development within the Neighborhood Conservation
Overlay District, Specifically the B-3 “Halo”) into the Design Guidelines for the Neighborhood
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Conservation Overlay District, Application 17399 (Matsen)
07:47:53 PM (01:52:21) Staff Presentation
Community Development Director Marty Matsen introduced Ordinance 1981 which contains the design
regulations known as the Subsection 4B in the NCOD.
07:48:54 PM (01:53:22) Staff Presentation
Community Development Manager Chris Saunders presented the staff report for the ordinance. He
reviewed the history of the code in question relative to the Neighborhood Conservation Overlay District.
He explained that in the guidelines, there are a variety of purposes described including education,
information and describing general policies. Mr. Saunders explained that nothing in this document is
intended to dictate a solution but it provides a range of responses for design. He spoke in detail about
the changes under Subchapter 4B. Mr. Saunders talked about the written recommendation from the
Zoning Commission and the Historical Preservation Advisory Board (HPAB). He explained that the
Design Review Board (DRB) did meet, but they did not have a quorum and did not vote. Mr. Saunders
further explained approval recommendations by the staff, the Zoning Commission and HPAB.
08:02:38 PM (02:07:06) Questions of Staff
Cr. Pomeroy asked for clarification on resolutions and the difference between the ordinance and
resolution.
Cr. Krauss asked whether Subchapter 4B, A., Section 4 which addresses the building interface with
residential zone properties is a new section.
Cr. Mehl asked if Subchapter 4B alters the numerical standards in terms of height and whether it would
apply to any historical building. He further questioned whether the downtown plan is now part of the
community plan and also whether downtown should be the highest area of use in the city. Mr. Saunders
responded in detail and indicated a new HPAB director is on staff as of today and will be brought into an
upcoming Commission meeting for introduction. Cr. Mehl further asked about a budget to update the
NCOD. He asked about the most appropriate use of land in B3 area.
Mayor Taylor asked if the Commission approves staff recommendations, what protections exist for
immediately surrounding neighborhoods from the wall of buildings in 4B and other aspects of the code.
He inquired about transition language if 4B was suspended and staff and Commission went in to a
process of deciding what to do. Mr. Saunders turned the question to ACA Stambaugh. He further asked
for a picture of what the proposed setback would look like, and Senior Planner Tom Rogers presented
the graphic.
DM Andrus asked about the reason we talked about reviewing these guidelines back in 2015. Staff
responded.
Cr. Mehl pointed out there is a petition for protest and asked for staff’s opinion. ACA Stambaugh
responded with her analysis of the written protests submitted.
08:26:54 PM (02:31:22) Public Comment
Mayor Taylor opened Public Comment.
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08:27:24 PM (02:31:52) Salal Heber Magee, Public Comment
Ms. Magee is a property owner and stated she felt the amount of time people had to gather their
thoughts about the change in the ordinance could have been longer and that tonight would not be a
good night to make a decision.
08:28:48 PM (02:33:16) Randy Peters, Public Comment
Mr. Peters owns property on the historic register, which is a B3 property. He feels that we need to slow
down with regard to Resolution 4598 Subchapter 4B. He feel the panel swung too far in the way of
business developers and that property within NCOD guidelines have a stake.
08:32:39 PM (02:37:07) Marjorie Smith, Public Comment
Ms. Smith spoke about providing dispatches from the infill frontlines where construction was taking
place and equipment was blocking her sidewalk and alley. She spoke about her mountain views being
replaced by living room apartment views. She spoke about parking and new reduced requirements
under 4B not working.
08:35:53 PM (02:40:21) Kate Bryan, Public Comment
Ms. Bryan stated she has been very involved in the issues surrounding this resolution and other projects
that have fallen under his particular law. She commented about how the community became involved
by attending meetings and conducting petitions. She expressed her frustration with the timing of the
re-adoption of Resolution 4598.
08:40:30 PM (02:44:58) John Preston, Public Comment
Mr. Preston strongly urged the Commission not to reaffirm Subchapter 4B and feels changes were made
without adequate input from the citizens of Bozeman. He commented on the historical codes versus
changing developments and asked the Commission to do the right thing for Bozeman.
08:43:20 PM (02:47:48) Jeff Milchen, Public Comment
Mr. Milchen asked the Commission not to reaffirm Resolution 4598 and further commented that the
citizens of Bozeman deserve the opportunity to inform themselves and engage in a project that he feels
was not adequately noticed. He will sign the protest made available at this meeting.
08:45:03 PM (02:49:31) Eileen Hosking, Public Comment
Ms. Hosking urged the Commission not to reaffirm Resolution 4598. She spoke about several projects
already being developed on her side of historic downtown and addressed sustainability for a thriving
community.
08:46:21 PM (02:50:49) Jack Renary, Public Comment
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Mr. Renary spoke about the historic character of downtown and the reason why many people have
invested in property and businesses in Downtown Bozeman. He spoke about the scale of the threat of
the block buildings being proposed.
08:49:32 PM (02:54:00) Stuart Mitchell, Public Comment
Mr. Mitchell spoke about the lawsuit filed by Save Bozeman and the advance notice of the re-adoption
of 4B being only five days. He spoke about the intention of the NCOD relative to organic growth versus
high-rises. He also spoke about the public comment process.
08:55:21 PM (02:59:49) John Hosking, Public Comment
Mr. Hosking spoke about scale and transition with regard to quality of life versus overfill. He also spoke
about parking as well as keeping the quality of Bozeman.
08:58:06 PM (03:02:34) Paul Neubauer, Public Comment
Mr. Neubauer spoke about the municipal code reflecting community values and the desire for all to live
in a well-run city. He continued to speak about projects meeting code, the Historic District and infill.
09:02:09 PM (03:06:37) Michael Wikes, Public Comment
Mr. Wikes Spoke about parking issues by his house. He commented on the importance of having more
public comment and input on the re-adoption of Resolution 4598 Subchapter 4B. He will sign the protest
made available at this meeting.
09:03:24 PM (03:07:52) Allen Kirk, Public Comment
Mr. Kirk respectfully asked the City Commission not to reaffirm Resolution 4598 and talked about the
creation of Subchapter4B in 2015 relative to the NCOD. He commented on the public notice provided
versus the opportunity for adjacent landowners to participate in discussion.
09:06:00 PM (03:10:28) Darrell Barrett, Public Comment
Mr. Barrett commented about the ability to protest and was unclear who was able to protest. He talked
about B3 properties and mixed use properties, adequate parking and commercial shopping.
09:08:51 PM (03:13:19) Gretta Deikman, Public Comment
Ms. Deikman talked about developers and architects relative to the interests of the residents in smaller
neighborhoods. She talked about the issue of parking, infill and the quality of life offered in Bozeman.
09:12:31 PM (03:16:59) Discussion
Cr. Krauss asked how 4B changed the regulations on parking. Staff responded.
09:13:51 PM (03:18:19) Recess
Mayor Taylor called the Commission into recess until 9:25 PM.
09:25:39 PM (03:30:07) Call to Order
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Mayor Taylor called the Commission back to order at 9:25 PM.
09:26:00 PM (03:30:28) Motion that having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the staff report
for application 17399 and move to provisionally adopt Ordinance 1981 affirming and readopting
Resolution 4598 which adopted Subchapter 4B (design guidelines for commercial development within
the neighborhood conservation overlay district, specifically the B-3 “halo”) (including the amendments
incorporated into Subchapter 4B by Resolution 4623 regarding an exemption from the step back and
height transition policies if abutting commercially zoned and a residentially zoned lots are under
unified ownership and are being developed under a master site plan) into the Design Guidelines for
the Neighborhood Conservation Overlay District.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
09:27:06 PM (03:31:34) Discussion
DM Andrus incorporated some of the public comment relative to the Commissioners being persuaded
by wining and dining. She talked about the high level of integrity amongst the Commission. She talked
about the reasons why design guidelines were brought up from 2015 and that the Commission knew
there were some decisions coming up about the UDC starting the fall of 2015. She outlined the
processes leading up to this period in time. She will support the motion.
Cr. Mehl thanked everyone for coming and for all the comments. He talked about disagreement, respect
and maintaining the charge of trust. He spoke about the Commission’s position and accountability with
regard to city charter, government and voters. He talked about timing and process of this particular
discussion. He commented on the spirit of 4B and the process for reviewing it again as part of the NCOD
and UDC and stands by the decision.
09:44:10 PM (03:48:38) Schedule Change
Mayor Taylor announced that he will not continue this meeting to cover the UDC agenda item (#6). He
addressed the public and stated that if anyone was waiting to comment on the item, it will not be
discussed tonight due to the lateness of this meeting. He stated that he will continue the discussion on
Subchapter 4B.
09:44:38 PM (03:49:06) Continued Discussion
Cr. Pomeroy commented that the Commission absolutely listens to the public and tries to make the best
decision for all the community. She talked about the amenities of the area, environmental issues and
saving open spaces including farmland. She will support the motion.
Cr. Krauss spoke about the confusion regarding the protest amount which affects how many people
need to vote affirmative. He discussed proper reflection over the Downtown Bozeman Improvement
Plan from 1998 and 2009 relative to the context of changes to the guidelines. He commented that 4B
was a way of solving that problem. He will support the motion.
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09:59:24 PM (04:03:52) Meeting Extension
Mayor Taylor announced he will extend the meeting until 10:20 PM, then to 10:30 PM if necessary, but
will not go beyond that time.
09:59:36 PM (04:04:04) Continued Discussion
Mayor Taylor talked about the public comments given tonight and the discussion held relative to the
character of Bozeman. He talked about adaptation in a changing world and reflected on what happened
in the process to reach the decision of reaffirming Resolution 4598 Subchapter 4B. He talked about the
infringement of nonconforming uses in B3. He commented about environmental issues, downtown
growth and the purpose of 4B. He talked about the comments regarding extending this decision versus
solutions being given. He will vote in favor of the motion.
10:14:34 PM (04:19:02) Vote on the Motion that having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings presented in
the staff report for application 17399 and move to provisionally adopt Ordinance 1981 affirming and
readopting Resolution 4598 which adopted Subchapter 4B (design guidelines for commercial
development within the neighborhood conservation overlay district, specifically the B-3 “halo”)
(including the amendments incorporated into Subchapter 4B by Resolution 4623 regarding an
exemption from the step back and height transition policies if abutting commercially zoned and a
residentially zoned lots are under unified ownership and are being developed under a master site
plan) into the Design Guidelines for the Neighborhood Conservation Overlay District. The motion
passed 5-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Approve
10:15:02 PM (04:19:30) Point of Clarification
Mayor Taylor stated the protest matter will not be further considered.
6. Moved later in meeting: Session Continued from September 11, 2017: Public Hearing of the
Bozeman City Commission Regarding Proposed Changes to the City’s Zoning, Subdivision, and
Other Land Use Regulations (Chapter 38, Bozeman Municipal Code) (known as the “UDC
Update”) (Rogers)
7. 10:15:00 PM (04:19:28) Appointment to the Design Review Board (DRB) (Sweeney/Crough)
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10:15:25 PM (04:19:53) Motion and Vote to appoint Scott Freimuth to an Architect position on the
Design Review Board with a term ending June 30, 2019. The motion passed 5-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Approve
10:15:39 PM (04:20:07) Public Comment
There was no public comment on this nomination.
10:15:52 PM (04:20:20) Discussion
ICM Taylor suggested a motion to continue discussion on the UDC, Agenda Item 6, since it was bypassed
due to time restrictions. Although Mayor Taylor previously informed the public it would not be
discussed, he called it out.
6. 10:16:01 PM (04:20:29) Session Continued from September 11, 2017: Public Hearing of the
Bozeman City Commission Regarding Proposed Changes to the City’s Zoning, Subdivision,
and Other Land Use Regulations (Chapter 38, Bozeman Municipal Code) (known as the “UDC
Update”) (Rogers)
10:16:46 PM (04:21:14) Continued Discussion
Mayor Taylor inquired of ACA Stambaugh whether a motion was needed for a UDC hearing continuance
since it has been an ongoing discussion. He will continue the hearing until October 2, 2017 and keep the
hearing and public comment open in the meantime.
10:16:58 PM (04:21:26) Public Comment
There was no public comment.
H. 10:18:06 PM (04:22:34) FYI/Discussion
• Mayor Taylor discussed the list of questions recommended by the consultant for the City
Manager position interviews. He further talked about revisions to the list by ICM Taylor and HR
staff as well as the process for developing a final set of questions.
10:21:17 PM (04:25:45) Meeting Extension
Mayor Taylor announced he will extend the meeting until 10:30 PM.
10:21:23 PM (04:25:51) Continued FYI/Discussion
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• Mayor Taylor addressed the Commission meeting schedule for October with regard to the fifth
Monday as well as the Monday before Thanksgiving.
• Mayor Taylor was asked by the Governor to speak in Helena tomorrow at 2:30 pm regarding the
state budget crisis.
• Mayor Taylor discussed events that the Commission was invited to attend as well as his other
speaking events.
• Community Development Director Marty Matsen mentioned the Black-Olive meeting, which the
Commission had continued to October 2nd, will now be continued to October 9th.
I. 10:25:47 PM (04:30:15) Adjournment
Mayor Taylor adjourned the meeting at 10:26 PM.
___________________________________
Carson Taylor
Mayor
ATTEST:
___________________________________
Robin Crough
City Clerk
PREPARED BY:
___________________________________
Brenda Sweeney
Deputy City Clerk
Approved on: ___________________________________
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Page 1 of 7
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, September 25, 2017
Mayor - Carson Taylor: Present
Deputy Mayor - Cynthia Andrus: Present
Commissioner - Jeff Krauss: Present
Commissioner - I-Ho Pomeroy: Present
Commissioner - Chris Mehl: Present
Staff Present at the Dais: Interim City Manager (ICM) Dennis Taylor, Assistant City Attorney (ACA) Karen
Stambaugh, City Clerk Robin Crough
A. 06:00:50 PM (00:06:36) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse
Mayor Taylor called the meeting to order at 6:00 PM.
B. 06:00:59 PM (00:06:45) Pledge of Allegiance and a Moment of Silence
C. 06:02:27 PM (00:08:13) Changes to the Agenda
There were no changes to the agenda.
D. 06:02:36 PM (00:08:22) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Accept the Midtown Urban Renewal District Fiscal Year 2017 Annual Report (Fine)
3. Authorize the Mayor to Sign the Findings of Fact and Order for the Amended Plat of Lot 7,
Block 41, Northern Pacific Addition Minor Subdivision Preliminary Plat, Application 17273
(Quasi-Judicial) (Jadin)
4. Authorize the Interim City Manager to Sign a STR Helper Software License and Professional
Services Agreement with Bear Cloud Software, Inc. for Short Term Rental Compliance
Software (Stambaugh/Winn)
5. Authorize the Interim City Manager to Sign an Interlocal Agreement with Story Mill Fire
District for Fire Protection Services (Waldo)
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Page 2 of 7
6. Authorize the Interim City Manager to Accept a Federal Emergency Management Agency
(FEMA) Assistance to Firefighters Grant for Wildland Firefighting Personal Protective
Equipment (Waldo)
7. Authorize the Interim City Manager to Sign a Notice of Award to Caterpillar Tractor and
Equipment for One (1) 2017 Motor Grader Lease (Vandelinder)
8. Authorize the Interim City Manager to Sign a Notice of Award and Purchase Agreement with
Titan Machinery for One (1) New 2017 Double Steel Drum Roller with Trailer (Vandelinder)
06:02:41 PM (00:08:27) City Manager Overview
ICM Taylor provided a brief overview of Consent Items 1-8.
06:04:48 PM (00:10:34) Public Comment
There was no public comment.
06:05:04 PM (00:10:50) Motion and Vote to approve Consent Items 1-8 as submitted. The motion
passed 5-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Approve
E. 06:05:21 PM (00:11:07) Mayoral Proclamation
1. Proclamation Regarding Smith River State Park
Mayor Taylor read a proclamation regarding the Smith River State Park. Phillip Narrow,
Chapter President of the local Trout Unlimited Chapter, thanked the Mayor and Commission
for the proclamation.
F. 06:09:13 PM (00:14:59) Public Comment
Mayor Taylor opened public comment.
06:10:04 PM (00:15:50) S.K. Rossi, Public Comment
Ms. Rossi of the Montana ACLU presented the text of Initiative No. 183, addressing transgender
bathrooms. She discussed the severe impacts this initiative will have if it passes and the local and state
levels, including liability and the City’s non-discrimination ordinance. She encouraged the City to sign on
to the ACLU’s lawsuit as a plaintiff.
Mayor Taylor asked when the City would need to sign on if they were to. Ms. Rossi responded.
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06:14:15 PM (00:20:01) Jan Strout, Public Comment
Ms. Strout discussed the City Manager candidates and the non-discrimination ordinance, Equal Pay for
Equal Work effort, and Indigenous Peoples’ Day. She thanked the Commission for their support.
G. 06:16:13 PM (00:21:59) Special Presentation
1. Water Conservation Drought Update (Ahlstrom)
Public Works Director Craig Woolard introduced Jessica Ahlstrom, Water Conservation
Technician. Ms. Ahlstrom discussed Bozeman’s summer outdoor water use, the summer 2017
outreach initiatives, the 2017 Drought Management Plan, and drought monitoring. She
discussed the drought response program measures in some detail.
06:24:59 PM (00:30:45) Questions of Staff
Cr. Pomeroy asked about the response for the outdoor rebate program.
DM Andrus noted that Ms. Ahlstrom and the City’s programs were mentioned in Governing magazine.
Cr. Mehl asked if there were additional ideas to expand where the drought meter will run in the future
beyond the paper. She discussed the balance of not creating a callus for watching the drought. He asked
where the biggest return on investment would be.
Cr. Krauss asked why drought is a problem now. He asked if the City was increasing the water supply as
population increases. He asked if the City has hit drought warnings in the past and what the City has
done.
Cr. Pomeroy commented that the state views Bozeman’s water conservation program favorably.
Mayor Taylor asked about the percentage of water annually used on lawns, and how long the decreased
usage can continue.
H. 06:37:42 PM (00:43:28) Action Items
1. 06:37:49 PM (00:43:35) Ordinance 1979 Provisional Adoption, Terminating the Mandeville
Farms Tax Increment Financing Industrial District Created by Ordinance 1684, Establishing the
North Park Urban Renewal Area, Creating the North Park Urban Renewal District and
Adopting the North Park Urban Renewal District Plan with a Tax Increment Financing Provision
Pursuant To Title 7, Chapter 15, Part 42 And 43 Of The Montana Code Annotated, And
Amending Section 2.06.1330, BMC, Regarding Urban Renewal, Tax Increment, And Economic
Development Districts And Section 2.05.1830, BMC, Regarding Urban Renewal, Tax
Increment, and Economic Development District Boards (Fontenot)
06:38:35 PM (00:44:21) Staff Presentation
Economic Development Director Brit Fontenot presented Ordinance 1979, and entered all packet
materials into the public record. He discussed infrastructure as economic development. He provided a
brief history of the Mandeville farm property. He discussed why an urban renewal district is staff’s
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Page 4 of 7
recommendation, and the North Park Urban Renewal Plan mission and goals. He discussed public
comment received on the project. He discussed next steps on the project.
06:48:33 PM (00:54:19) Questions of Staff
DM Andrus asked how many years were left on the TIF, and what new opportunities will an URD provide
vs. a TIF, and has the City had interest of projects that couldn’t have proceeded with a TIF?
Cr. Pomeroy asked Mr. Fontenot if the change was necessary because development hasn’t happened
here as planned, and if the zoning would be changed.
Cr. Mehl asked about the noticing and final adoption dates. He asked about the difference of the
districts.
Mayor Taylor asked if making this an urban renewal district will help access in the future. He asked if
development has happened on the property yet.
06:56:24 PM (01:02:09) Public Comment
Mayor Taylor opened public comment.
06:56:28 PM (01:02:14) Erik Nelson, Public Comment
Mr. Nelson, representing North Park Development Partners, stated this is the best avenue for moving
forward. He discussed the timeline for development on infrastructure on the property.
06:59:32 PM (01:05:18) Craig Campbell, Public Comment
Mr. Campbell, with the DNRC, discussed the limitations of access of surrounding lands.
07:01:04 PM (01:06:50) Motion that having reviewed and considered the text of Ordinance 1979,
public comment, the recommendations of the Planning Board, and all the information presented, I
move to provisionally adopt Ordinance 1979, including the legislative findings that the North Park
Urban Renewal District, through the North Park Urban Renewal District Plan, seeks to provide long-
term economic stability and to use planning and the development of public infrastructure as tools for
well-managed growth and is in the best interest of the City. Further, I instruct staff to return to the
Commission on October 9, 2017 for final consideration of Ordinance 1979.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
07:01:53 PM (01:07:39) Discussion
Cr. Mehl discussed the history of the district, and the necessity of the zoning. He supports the City
process that was followed, as well as the larger goals.
Cr. Pomeroy stated that this tool box didn’t have the right tools, and this new tool box will allow
flexibility and more activities. She is also interested in building housing in the district.
Cr. Krauss plans to vote no, as he has a hard time buying this is urban as it’s a farm. He doesn’t think he
can defend this to the legislature.
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Bozeman City Commission Meeting DRAFT MINUTES, September 25, 2017
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DM Andrus supports this, and she agrees with at least three conditions to make this apply.
Mayor Taylor supports the motion as he also agrees with a number of criteria.
07:10:11 PM (01:15:57) Vote on the Motion that having reviewed and considered the text of Ordinance
1979, public comment, the recommendations of the Planning Board, and all the information
presented, I move to provisionally adopt Ordinance 1979, including the legislative findings that the
North Park Urban Renewal District, through the North Park Urban Renewal District Plan, seeks to
provide long-term economic stability and to use planning and the development of public infrastructure
as tools for well-managed growth and is in the best interest of the City. Further, I instruct staff to
return to the Commission on October 9, 2017 for final consideration of Ordinance 1979. The motion
passed 4-1.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Disapprove
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Approve
07:10:36 PM (01:16:22) Recess
Mayor Taylor called the Commission into recess until 7:20 PM.
07:21:24 PM (01:27:10) Call to Order
Mayor Taylor called the meeting back to order at 7:21 PM.
2. 07:21:40 PM (01:27:26) Resolution 4838, Adoption of the 2017 Water Facility Plan Update
(Heaston)
07:21:52 PM (01:27:38) Staff Presentation
Public Works Director Craig Woolard introduced the plan, as this is the last piece of five years’ effort.
Senior Engineer Brian Heaston discussed the Water Facility Plan Update. He discussed the planning basis
for the plan. He discussed the major elements of the update. He discussed water use characterization.
DM Andrus asked if there was a way to put some of his measurements in comparable units.
Mr. Heaston discussed the existing system evaluation, future system layout, and recommended
improvements in detail, including short term (0-5 years), near term (5-15 years), and long term (15+
years). He detailed the policy recommendations coming out of the planning process including new
design standards for fire suppression systems, new pressure reducing facilities, and updating water
system design criteria.
07:48:07 PM (01:53:53) Questions of Staff
DM Andrus asked about the western transition main and if it’s related to low pressure in the area. She
asked about the cost and requirement of the fire suppression systems, and impacts on adjacent
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Page 6 of 7
buildings.
Cr. Pomeroy asked if the ultimate buildout of the system is $300 million.
Cr. Krauss asked about costs and timelines of primary transmission lines. Mr. Heaston discussed the
urgency of the issue in detail. Cr. Krauss asked about the community plan boundary and the increase
needed to provide full service.
Cr. Mehl confirmed that the discussed projects are currently on the CIP. He also asked about the final
goal of adopting uniform design and construction standards for non-potable systems. Cr. Mehl asked
about and encouraged a minimum standard. He asked about gallon/per capita day and a comparison. He
asked about conservation vs. growing need. Public Works Director Craig Woolard discussed the supply
and demand curves.
Cr. Krauss asked about the assumed growth of future years.
Mayor Taylor asked when distribution system pressure design will come before the Commission. He
asked if a current builder would have to abide by these standards. He asked about the options for non-
potable systems. The Commission and Director Woolard discussed in detail. He also asked about
groundwater supply development.
Cr. Pomeroy asked about watering city parks and asked if it’s possible to use untreated water in the
future.
08:41:40 PM (02:47:26) Public Comment
There was no public comment.
08:41:54 PM (02:47:40) Motion that having considered the staff presentation and materials provided, I
hereby move to adopt Resolution 4838, adopting the 2017 Water Facility Plan Update.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
08:42:13 PM (02:47:59) Discussion
Cr. Pomeroy stated this is the right thing to do to ensure quality and quantity of water, and this is a
proactive program.
Cr. Krauss stated this is a very good update.
DM Andrus also supports the resolution, as this is forward thinking.
Cr. Mehl supports the plan.
Mayor Taylor thanked Mr. Heaston for the presentation.
08:45:30 PM (02:51:16) Vote on the Motion that having considered the staff presentation and
materials provided, I hereby move to adopt Resolution 4838, adopting the 2017 Water Facility Plan
Update. The motion passed 5-0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
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Page 7 of 7
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Approve
I. 08:45:42 PM (02:51:28) FYI/Discussion
1. Mayor Taylor noted tomorrow’s meeting at 8:00 AM in the Madison Room.
2. Mayor Taylor also discussed adding the I-183 lawsuit to the agenda on October 9th.
3. Cr. Krauss thanked the City Manager and Mayor for not including the UDC this evening.
J. 08:48:00 PM (02:53:46) Adjournment
63
THE CITY COMMISSION SPECIAL MEETING OF BOZEMAN, MONTANA
MINUTES
Tuesday, September 26, 2017
VIDEO RECORDING BEGINS AT ACTION ITEM F.
Mayor - Carson Taylor: Present
Deputy Mayor - Cynthia Andrus: Present
Commissioner - Jeff Krauss: Present
Commissioner - I-Ho Pomeroy: Present
Commissioner - Chris Mehl: Present Staff Present at the Dais: Interim City Manager (ICM) Dennis Taylor, Assistant City Attorney (ACA) Karen
Stambaugh, Deputy City Clerk Brenda Sweeney (8:00 AM – 3:16 PM), City Clerk Robin Crough (6:00 PM)
A. 08:00:00 AM Call to Order – 8:00 AM - Madison Room, City Hall, 121 North Rouse
Mayor Taylor called the meeting to order at 8:00 AM.
B. 08:00:30 AM Pledge of Allegiance and a Moment of Silence
C. 08:02:00 AM Changes to the Agenda
There were no changes to the agenda.
D. 08:02:30 AM Interviews with Candidates for City Manager Position
1. 08:02:40 AM Dave Buckingham
2. 09:09:00 AM Dan Chandler
3. 10:25:00 AM Rachael Fuller
4. 11:10:00 AM J. J. Murphy
12:19:00 PM Recess
Mayor Taylor called the Commission into recess until 1:00 PM
01:05:00 PM Call to Order
Mayor Taylor called the Commission back to order at 1:05 PM.
5. 01:05:00 PM Shawn Kessel
6. 02:20:00 PM Andrea Surratt
64
E. 03:16:00 PM Recess Until 6:00 PM
Mayor Taylor called the Commission into recess until 6:00 PM.
F. 06:09:16 PM (00:12:08) Reconvene - 6:00 PM – Commission Room, City Hall, 121 North Rouse
Mayor Taylor called the Commission back to order at 6:09 PM.
G. 06:09:33 PM (00:12:25) De-Brief on Interviews and Tours by Staff and Stakeholders
06:09:44 PM (00:12:36) Discussion
Mayor Taylor asked Mr. Holifield if the candidates have asserted their privacy, in which they did. ICM
Taylor stated that on behalf of City employees discussing their future supervisor, the Assistant City
Managers will assert the privacy of staff. Assistant City Manager Chuck Winn asserted employee privacy,
and that information will be more candid if closed. Mayor Taylor did find that there is privacy to be
asserted, and that the request is reasonable. Mayor Taylor found that the expectation of privacy did
outweigh the public’s right to know. He stated that the public’s interest is also that the Commission
make the best possible decision. He decided privacy did outweigh the public’s right to know.
06:14:37 PM (00:17:29) Meeting Closed
The Mayor closed to the public this portion of the meeting pursuant to Sect. 2-3-203(3), MCA, as
discussion relates to a matter of individual privacy and the Mayor determined the demands of the
individuals’ privacy clearly exceed the merits of public disclosure. The right of individual privacy was not
waived by the individuals about whom the discussion pertained.
A separate set of minutes have been prepared for the Executive Session.
09:15:50 PM (00:20:45) Call to Order
Mayor Taylor called the meeting back to order at 9:16 PM.
H. 09:16:08 PM (00:21:03) General Public Comment
There was no public comment.
I. 09:16:23 PM (00:21:18) FYI/Discussion
• The Commission will meet tomorrow at noon to discuss the next steps. Mayor Taylor will
make a finding to close the meeting tomorrow.
J. 09:18:16 PM (00:23:10) Adjournment
Mayor Taylor adjourned the meeting at 9:18 PM.
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THE CITY COMMISSION SPECIAL MEETING OF BOZEMAN, MONTANA
MINUTES
Wednesday, September 27, 2017
AGENDA ORDER MODIFIED DURING MEETING. ITEM AND NUMBER DESIGNATIONS REMAIN AS ORIGINALLY NOTICED.
Mayor - Carson Taylor: Present
Deputy Mayor - Cynthia Andrus: Present
Commissioner - Jeff Krauss: Present
Commissioner - I-Ho Pomeroy: Present
Commissioner - Chris Mehl: Present
Staff Present at the Dais: Interim City Manager (ICM) Dennis Taylor, Assistant City Attorney (ACA) Karen
Stambaugh, City Clerk Robin Crough
A. 12:09:51 PM (00:11:48) Call to Order – 12:00 PM - Commission Room, City Hall, 121 North Rouse
Mayor Taylor called the meeting to order at 12:09 PM.
B. 12:09:59 PM (00:11:56) Pledge of Allegiance and a Moment of Silence
C. 12:10:53 PM (00:12:50) Changes to the Agenda
Mayor Taylor moved general public comment to the front of the agenda.
E. 12:11:31 PM (00:13:28) General Public Comment
There was no public comment.
D. 12:11:59 PM (00:13:56) Action Items
1. Hiring Decision and/or Next Steps on City Manager Selection (D. Taylor)
12:12:19 PM (00:14:16) Public Comment
There was no public comment.
12:12:45 PM (00:14:42) Point of Order
Cr. Krauss asked that public comment also be opened before any votes happen today. The mayor
confirmed.
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12:13:36 PM (00:15:33) Privacy Discussion
City Manager recruiter Ron Holifield relayed that all six candidates have asserted their rights to privacy
to the maximum extent possible. Mayor Taylor discussed that last night’s meeting was closed, and noted
that case law discusses the right to privacy for job applicants. There is an expectation of privacy, and it is
reasonable. Mayor Taylor found that the right to privacy outweighs the public’s right to know. It is in the
interest of the city to have the most candid conversation possible. He noted that all interviews have
been open to the public.
12:16:40 PM (00:18:37) Meeting Closed
The Mayor closed to the public this portion of the meeting pursuant to Sect. 2-3-203(3), MCA, as
discussion relates to a matter of individual privacy and the Mayor determined the demands of the
individuals’ privacy clearly exceed the merits of public disclosure. The right of individual privacy was not
waived by the individuals about whom the discussion pertained.
A separate set of minutes have been prepared for the Executive Session.
02:01:12 PM (00:21:46) Meeting Reopened
Mayor Taylor reopened the meeting at 2:01 PM.
02:01:33 PM (00:22:07) Public Comment
There was no public comment.
02:02:53 PM (00:23:27) Motion that we narrow the field of candidates for city manager to two, in
alphabetical order, David Buckingham and Andrea Surratt. We further instruct Ron Holifield to
conduct additional due diligence, after which we will make a final decision.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
02:03:18 PM (00:23:51) Discussion
DM Andrus discussed how the Commission came to this decision.
Cr. Mehl also supports the motion.
Cr. Pomeroy stated she appreciates the candidates, and supports the motion.
Cr. Krauss thanked the other four candidates for their participation and interest. He asked the public to
hang in for a few a little longer in the process.
Mayor Taylor thanked all 82 candidates applied, thanked the Commission for their time in the process,
and the public participation. He thanked the finalists for taking the time to put themselves out there.
02:07:12 PM (00:27:46) Vote on the Motion that we narrow the field of candidates for city manager to
two, in alphabetical order, David Buckingham and Andrea Surratt. We further instruct Ron Holifield to
conduct additional due diligence, after which we will make a final decision. The motion passed 5-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
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Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Approve
E. 02:07:24 PM (00:27:58) FYI/Discussion
F. 02:07:34 PM (00:28:07) Adjournment
Mayor Taylor adjourned the meeting at 2:07 PM.
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, October 02, 2017
AGENDA ORDER MODIFIED DURING MEETING. ITEM AND NUMBER DESIGNATIONS REMAIN AS ORIGINALLY NOTICED.
Mayor - Carson Taylor: Present
Deputy Mayor - Cynthia Andrus: Present
Commissioner - Jeff Krauss: Present
Commissioner - I-Ho Pomeroy: Present
Commissioner - Chris Mehl: Present Staff Present at the Dais: Interim City Manager (ICM) Dennis Taylor, City Attorney (CA) Greg Sullivan,
City Clerk Robin Crough
A. 06:01:58 PM (00:06:38) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse
Mayor Taylor called the meeting to order at 6:01 PM.
06:02:10 PM (00:06:50) Changes to the Agenda
Mayor Taylor moved the Pledge of Allegiance and Moment of Silence before the Executive Session.
C. 06:02:20 PM (00:07:00) Pledge of Allegiance and a Moment of Silence
B. 06:04:00 PM (00:08:40) Executive Session
1. SWMBIA v. City of Bozeman
06:04:07 PM (00:08:47) Discussion
CA Sullivan stated this was to discuss the 1999 case, not the 2017 case.
06:04:27 PM (00:09:07) Meeting Closed
Mayor Taylor closed this portion of the meeting for litigation strategy, [pursuant to Section 2-3-203(3),
MCA,] finding that discussion would have a detrimental effect on the litigation position of the City.
A separate set of minutes have been prepared for the Executive Session.
06:42:00 PM Meet Opened
Mayor Taylor opened the meeting.
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06:42:00 PM Recess
Mayor Taylor called the Commission into recess until 6:50 PM.
06:51:28 PM (00:16:05) Call to Order
Mayor Taylor called the meeting back to order at 6:51 PM.
D. 06:51:38 PM (00:16:14) Changes to the Agenda
Mayor Taylor changed the order of Action Items, placing items 4, 5, 6, and 7 before Item 2.
E. 06:52:03 PM (00:16:40) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Approve the Final Plat for Flanders Mill Phase 4 Subdivision, Authorize the Director of Public
Works to Execute the Same on Behalf of the City of Bozeman, and Authorize the Interim City
Manager to Sign the Perpetual Access Easement with Flanders Mill, LLC, Application 17404
(Quasi-Judicial) (Cooper)
3. Authorize the Interim City Manager to Sign a Professional Services Agreement with Madison
Engineering LLC for the South 11th Avenue Improvements Project (Murray)
4. Resolution 4847, Confirming the Appointment of a Police Officer (Crawford)
5. Resolution 4797, Completing the 2017 Cresent Cross Annexation, and Authorize the Interim
City Manager to Sign the Annexation Agreement with Cresent Cross, LLP, Application 17032
(Saunders)
6. Ordinance 1973 Provisional Adoption, the 2017 Cresent Cross Annexation Zone Map
Amendment to Designate 30.129 Acres as R-5, Residential Mixed-Use High Density,
Application 17032 (Saunders)
7. Ordinance 1981 Final Adoption, Affirming and Readopting Resolution 4598, as Amended by
Resolution 4623, Which Added Subchapter 4B (Design Guidelines for Commercial
Development within the Neighborhood Conservation Overlay District, Specifically the B-3
“Halo”) into the Design Guidelines for the Neighborhood Conservation Overlay District
(Saunders)
06:52:06 PM (00:16:43) City Manager Overview
ICM Taylor provided a brief overview of Consent Items 1-7.
06:55:41 PM (00:20:18) Public Comment
There was no public comment.
06:55:59 PM (00:20:35) Motion and Vote to approve Consent Items 1-7 as submitted. The motion
passed 5-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
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Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Approve
F. 06:56:21 PM (00:20:58) Consent II (Items Acted on without Prior Unanimous Approval)
1. Ordinance 1976 Final Adoption, Amending the Unified Development Code, Section 28.25.040
to Set Minimum Off-Street Parking Requirements for the B-2M District (Fine)
06:56:58 PM (00:21:35) Public Comment
There was no public comment.
06:57:10 PM (00:21:47) Motion and Vote that having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings presented in
the staff report for application 17304 and move to finally adopt Ordinance 1976, a text amendment of
the Bozeman Municipal Code, Section 38.25.040 to set minimum off-street parking requirements for
the B-2M District. The motion passed 4-1.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Disapprove
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Approve
G. 06:57:48 PM (00:22:25) Public Comment
There was no public comment.
H. 06:58:55 PM (00:23:32) Action Items
1. 06:58:59 PM (00:23:36) Selection of the Bozeman City Manager (D. Taylor)
06:59:05 PM (00:23:42) Discussion
Mayor Taylor stated that the process has led to a potential motion this evening.
06:59:15 PM (00:23:52) Motion to select Andrea Surratt for the position of city manager, and direct
the interim city manager, city attorney, and human resources director to negotiate an employment
agreement with Andrea Surratt for the City Commission’s review and approval.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
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06:59:45 PM (00:24:22) Public Comment
There was no public comment.
07:00:09 PM (00:24:46) Discussion
Cr. Pomeroy is looking forward to the new City Manager and thanked ICM Taylor for his service.
Cr. Krauss will be voting for the motion, as there was an exacting application process, and Ms. Surratt
rose to the top. He likes that she’s a planner in a fast-growing city.
DM Andrus will also support the motion, and that Ms. Surratt did rise to the top and will serve the
community and Commission well, and she is looking forward to working with her.
Cr. Mehl thanked the applicants, staff, and the public that served on a panel. He felt that Ms. Surratt will
be an excellent choice moving forward. He also appreciates her ability to prioritize. But in the end, she
will work well with the community.
Mayor Taylor stated that the Commission has one employee, and that this decision may be the most
important they make. He believes he made the best decision of the candidates, and that she will be a
calm and strong leader.
07:07:03 PM (00:31:39) Vote on the Motion to select Andrea Surratt for the position of city manager,
and direct the interim city manager, city attorney, and human resources director to negotiate an
employment agreement with Andrea Surratt for the City Commission’s review and approval. The
motion passed 5-0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Approve
4. 07:07:19 PM (00:31:56) Resolution 4825, Levying and Assessing Annual Maintenance and
Electrical Current Costs for Special Improvement Lighting Districts for Fiscal Year 2018 (Donald)
07:07:45 PM (00:32:21) Staff Presentation
Finance Director Kristin Donald stated the total for this year’s lighting district assessments.
07:08:48 PM (00:33:24) Public Comment
There was no public comment.
07:08:58 PM (00:33:35) Motion and Vote to adopt Resolution 4825, Levying and Assessing Annual
Maintenance and Electrical Current Costs for Special Improvement Lighting Districts for Fiscal Year
2018. The motion passed 5-0.
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Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Approve
5. 07:09:39 PM (00:34:15) Resolution 4826, Levying and Assessing Delinquent Water, Sewer,
Stormwater, Garbage, and Recycling Charges for Fiscal Year 2018 (Donald)
07:09:54 PM (00:34:31) Staff Presentation
Finance Director Kristin Donald noted one account that paid their remaining balance.
07:10:29 PM (00:35:06) Questions of Staff
DM Andrus asked if people have a reoccurring issue of payment and if that is kept track of.
07:11:23 PM (00:36:00) Public Comment
There was no public comment.
07:11:36 PM (00:36:13) Motion and Vote to adopt Resolution 4826, Levying and Assessing Delinquent
Water, Sewer, Stormwater, Garbage, and Recycling Charges for Fiscal Year 2018. The motion passed
5-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Approve
6. 07:12:03 PM (00:36:40) Resolution 4827, Levying and Assessing Delinquent Sidewalk Install or
Repair Charges for Fiscal Year 2018 (Donald)
07:12:14 PM (00:36:51) Staff Presentation
Finance Director Kristin Donald discussed that this is the final point in collecting payments. She noted
payments made today and the revised total.
07:12:58 PM (00:37:35) Questions of Staff
DM Andrus asked about the notifications in the early year and is that the best time to give them the six
months to repair.
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Cr. Pomeroy asked about one amount.
07:15:16 PM (00:39:53) Public Comment
There was no public comment.
07:15:25 PM (00:40:02) Motion to adopt Resolution 4827, Levying and Assessing Delinquent Sidewalk
Install or Repair Charges for Fiscal Year 2018.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
07:15:36 PM (00:40:13) Discussion
Cr. Mehl stated that folks were given plenty of notice.
07:16:04 PM (00:40:41) Vote on the Motion to adopt Resolution 4827, Levying and Assessing
Delinquent Sidewalk Install or Repair Charges for Fiscal Year 2018. The motion passed 5-0.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Approve
7. 07:16:16 PM (00:40:53) Resolution 4828, Levying and Assessing Delinquent Snow Removal
Charges for Fiscal Year 2018 (Donald)
07:16:29 PM (00:41:05) Staff Presentation
Finance Director Kristin Donald discussed the procedure for snow removal and recouping costs. She
noted an additional payment received.
07:17:09 PM (00:41:46) Questions of Staff
Cr. Krauss asked if this is placed on the City assessment, and then if that remains unpaid, and then they
are sent to the County for collection. Assistant City Manager Anna Rosenberry stated these get added to
city assessments, and are then certified to Gallatin County for assessments.
07:18:46 PM (00:43:23) Public Comment
There was no public comment.
07:19:03 PM (00:43:40) Motion to adopt Resolution 4828, Levying and Assessing Delinquent Snow
Removal Charges for Fiscal Year 2018.
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Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
07:19:19 PM (00:43:56) Discussion
Cr. Pomeroy supports the motion.
Cr. Krauss pointed out that once it gets on the county tax bill, it generally gets paid.
07:20:56 PM (00:45:33) Vote on the Motion to adopt Resolution 4828, Levying and Assessing
Delinquent Snow Removal Charges for Fiscal Year 2018. The motion passed 5-0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Approve
2. 07:21:12 PM (00:45:48) Session Continued from September 18, 2017: Public Hearing of the
Bozeman City Commission Regarding Proposed Changes to the City's Zoning, Subdivision, and
Other Land Use Regulations (Chapter 38, Bozeman Municipal Code) (Known as the "UDC Update")
(Saunders)
07:21:53 PM (00:46:30) Procedure
The Commission discussed going to approximately 9:30 PM on this item.
07:23:24 PM (00:48:01) Questions of Staff Continued on Article 2
Cr. Krauss asked if there is anything in here that the Community Development Director require or
request an appeal of the City Commission. He stated it would be nice to add that recommendations
from advisory bodies do not constitute approval or denial. He asked about the review of non-subdivision
applications, and who provides such waiver. Policy and Planning Manager (PPM) Saunders responded in
detail. Cr. Krauss asked if there is a red button, where the applicant could ask that the Commission
reclaim an item, without staff stating an application is not complete, and where is that stated? He asked
about the omission of “BMC” from the update, and he thinks BMC is an omission.
Mayor Taylor asked that a definition be added that explains the omission.
Cr. Krauss asked if there is anywhere that establishes timelines for DRB review, and if non-meeting stalls
a project.
Cr. Pomeroy asked about mistaken permitting. PPM stated that this protects the City. She asked about
the waiver of design review.
DM Andrus asked if on page 81, the Historic Preservation Board requested some added language, or if
it’s covered elsewhere. PPM Saunders stated it is the trend to scale back DRB scope. She asked if
repeating some affordable housing language would be appropriate. On page 108, she asked if all the
blue language was added. She asked about the difference of an SUP vs. a CUP.
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Page 8 of 13
Cr. Mehl about DRB further, and why was height removed from page 89.
Mayor Taylor asked if there was a timing advantage for affordable housing projects, and if they’re listed
in this document. He asked what the intended use of a SUP was. He also asked about the appeal fee
schedule.
Cr. Krauss asked about a time limit for building permit non-conforming work.
Cr. Mehl asked if this language would be more appropriate in another section. Staff responded in detail
about the purpose of this language.
08:04:09 PM (01:28:46) Amendment to the Motion to add “recommendations do not constitute votes
of approval or denial” to Section 38.200.010(G).
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
08:04:43 PM (01:29:20) Discussion
Cr. Krauss stated that the Commission depends on board for advice, but there should not be a
perception of a trump card.
CA Sullivan clarified that some boards do sit in a quasi-judicial nature of some advisory boards.
Cr. Krauss stated this should be written down.
DM Andrus supports the amendment, and this helps to further clarify the role of boards.
Cr. Mehl does see the use.
08:07:51 PM (01:32:28) Vote on the Amendment to the Motion to add “recommendations do not
constitute votes of approval or denial” to Section 38.200.010(G). The amendment passed 5-0.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Approve
08:08:13 PM (01:32:50) Amendment to the Motion to add “when advisory boards review and make
recommendations to the review authority that they act in a quasi-judicial capacity” to Section
38.200.010(G).
Commissioner - Jeff Krauss: Motion
Commissioner - I-Ho Pomeroy: 2nd
08:09:08 PM (01:33:45) Discussion
Cr. Krauss asked if capacity was the correct word.
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Cr. Mehl asked if the intent is to make this apply to all authority, which Cr. Krauss answered no.
08:10:42 PM (01:35:19) Friendly Amendment to add “under this section.”
08:11:58 PM (01:36:35) Discussion
Cr. Krauss discussed advocacy vs. advising.
Cr. Pomeroy supports the motion.
DM Andrus agrees this is a good idea, but that maybe there should be more in-depth conversation
about what this means for boards.
Cr. Mehl supports the amendment, but clarifies this does not change how they act or advise.
Mayor Taylor stated he hopes this can instigate a review of by-laws.
Cr. Krauss stated there is a place for an advocacy group that isn’t an officially-appointed board.
08:18:16 PM (01:42:53) Vote on the Amendment to the Motion to add “Under this section, when
advisory boards review and make recommendations to the review authority that they act in a quasi-
judicial capacity” to Section 38.200.010(G). The motion passed 5-0.
Commissioner - Jeff Krauss: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Approve
08:18:55 PM (01:43:32) Point of Order
Cr. Mehl clarified that amendments could be added at the very end if necessary.
08:19:44 PM (01:44:20) Procedure
Mayor Taylor clarified the procedure for the rest of the evening.
08:21:12 PM (01:45:49) Recess
Mayor Taylor called the Commission into recess until 8:26 PM.
08:30:14 PM (01:54:51) Call to Order
Mayor Taylor called the meeting back to order at 8:30 PM.
08:30:20 PM (01:54:56) Staff Presentation on Article 3
Article 3 discusses Zoning Districts and Land Use. A broader line should be drawn between this article
and the design standards of Article 5. Staff is also suggesting a square footage limit on large retail be
removed. There is a formal proposal to establish zone edge transitions. A piece was added to ease the
requirement of multiple zoned property. Any zoning changes would need to go through the zone map
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Page 10 of 13
amendment process. Some changes include making an Accessory Dwelling Unit a SUP from a CUP. He
discussed changes to form and intensity standards. He discussed the table created to consolidating
information. He discussed some issues they have heard brought up, including zone edge transitions. The
NCOD will be addressed at a later date. He reminded the Commission of Ordinance 1920, passed earlier
this year that addressed historic structures and demolition.
08:49:20 PM (02:13:57) Public Comment
Mayor Taylor opened public comment.
08:49:51 PM (02:14:27) Alan Kirk, Public Comment
Mr. Kirk stated that he thought the process would be more of a dialogue. He discussed the public
comment that has been submitted regarding historic districts, B-3 zoning, and zone edge transition. He
stated that the community’s requests have not been included in edits. He feels that the public’s
comments have been ignored.
08:54:00 PM (02:18:36) Questions of Staff
Cr. Pomeroy asked staff to explain to explain the R-S zoning and why apartments are not allowed.
Cr. Krauss asked why they were keeping R-S? Staff responded in detail.
Mayor Taylor asked about the removal of museums as a use. He also asked about the addition of solar
panels. He asked how tiny homes fit into this.
Cr. Pomeroy asked where tiny houses could be applied.
Cr. Krauss asked if the tiny house requirements are different than mobile homes. He asked about
infrastructure requirements for these houses vs. a normal development.
Mayor Taylor asked if staff could demonstrate a transitional edge.
Cr. Krauss asked if the floor area ratio rules townhouses out of some areas, and asked if he could see a
line drawing of this as well.
09:32:42 PM (02:57:18) Session continued to October 16, 2017.
3. 09:33:29 PM (02:58:06) Continuation of Application 17265 for the Black Olive II Site Plan from
October 2, 2017 to October 9, 2017 (Krueger)
09:34:02 PM (02:58:39) Staff Presentation
CDD Matsen stated that due to staff availability the ninth is a more appropriate date, and citizens will be
made to be aware of the change.
09:34:22 PM (02:58:59) Public Comment
There was no public comment.
09:34:34 PM (02:59:10) Motion to continue the review of Application 17265 for the Black Olive II Site
Plan from October 2, 2017 to October 9, 2017.
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Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
09:34:51 PM (02:59:27) Discussion
Cr. Mehl stated the public is aware of the change.
Cr. Krauss stated that maybe some time Tuesday should be set aside for this as well.
Mayor Taylor discussed options for continuing next week’s meeting if necessary.
09:36:59 PM (03:01:36) Vote on the Motion to continue the review of Application 17265 for the Black
Olive II Site Plan from October 2, 2017 to October 9, 2017. The motion passed 5-0.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Approve
8. 09:37:11 PM (03:01:48) Ordinance 1980 Provisional Adoption, a Text Amendment to Revise
Article 38.43, Affordable Housing, of the Bozeman Municipal Code, Making the Requirements of
Article 38.43 Not Applicable to Condominium Units, Application 17381 (Matsen)
09:37:29 PM (03:02:06) Staff Presentation
Community Development Director (CDD) Marty Matsen discussed the intent of the amendment, making
the requirements of Article 38.43 not applicable to condos.
09:40:15 PM (03:04:52) Questions of Staff
Cr. Pomeroy asked if redundant language should be removed? CDD Matsen stated it doesn’t do any
harm to leave it in.
Cr. Krauss asked if live/work arrangements trigger the requirement to build a single family home.
Cr. Mehl asked when this can be implemented. CDD Matsen discussed potential future staff and the
current onus on condominium developers.
Mayor Taylor asked that the effect of this is that condo projects can be built without any requirement of
affordability.
09:49:05 PM (03:13:42) Public Comment
Mayor Taylor opened public comment.
09:49:18 PM (03:13:55) Brian Geyer, Public Comment
Mr. Geyer thanked CDD Matsen for his work on this. He added that a critical element of an affordable
housing ordinance is to ensure that the buyers are the income-qualified buyers. He also stated the
stewardship aspect is critical as well.
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09:50:45 PM (03:15:22) Kevin Thane, Public Comment
Mr. Thane stated the importance of leaving the two sentences in the ordinance, which is the only place
that explicitly calls out that units needs to be sold to qualified buyers.
09:51:58 PM (03:16:35) Motion that having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the staff report
for application 17381 and move to provisionally adopt Ordinance 1980.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
09:52:40 PM (03:17:17) Amendment to the Motion that in Section 38.43.060, leave the crossed out
sentences one and two as is.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
09:54:09 PM (03:18:45) Friendly Amendment to the Amendment that in Section A2 to change 80% to
81%.
09:54:46 PM (03:19:23) Point of Order
Cr. Krauss asked if this was an amendment, it was clarified as a friendly amendment.
09:55:03 PM (03:19:40) Discussion
Cr. Pomeroy stated that this clarification is better.
Cr. Mehl also supports the motion.
Cr. Krauss stated that this now requires some prequalifications instead of removing condos, so he is
against the ordinance.
Cr. Mehl stated that condos are now exempt from this.
09:59:07 PM (03:23:44) Vote on the Amendment to the Motion that in Section 38.43.060, leave the
crossed out sentences one and two as is, and in Section A2 to change 80% to 81%. The amendment
passed 5-0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Approve
09:59:24 PM (03:24:00) Meeting Extended
Mayor Taylor extended the meeting to 10:10 PM.
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09:59:31 PM (03:24:08) Discussion
Cr. Pomeroy stated that this is the right direction, and that affordable housing should include
everything.
Cr. Krauss supports the motion.
DM Andrus also supports the motion and looks forward to the conversation this spring.
Mayor Taylor stated this is correction by elimination.
10:04:01 PM (03:28:38) Vote on the Motion as Amended that having reviewed and considered the
application materials, public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application 17381 and move to provisionally adopt Ordinance 1980,
that in Section 38.43.060, leave the crossed out sentences one and two as is, and in Section A2 to
change 80% to 81%. The motion passed 5-0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Carson Taylor: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Chris Mehl: Approve
I. 10:04:18 PM (03:28:55) FYI/Discussion
• ICM Taylor stated the best night to do a sole night for the UDC is to do the fifth Monday,
October 30th. The Mayor confirmed.
• DM Andrus stated that there will be a Graf/11th neighborhood meeting at 5:30 PM on
October 5th.
• The Commission discussed if there was progress made on the potential annexation of
Riverside.
• CDD Matsen reminded the Commission that there will be an additional design meeting on
Wednesday at 1:30 PM in the Commission Room.
J. 10:07:40 PM (03:32:17) Adjournment
Mayor Taylor adjourned the meeting at 10:07 PM.
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