HomeMy WebLinkAbout11-05-18 City Commission Packet Materials - MIN. October 2018 Minutes
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Robin Crough, City Clerk Andrea Surratt, City Manager
SUBJECT: Approve the Regular Meeting Minutes from October 1, October 8,
October 15, and October 22, 2018, and User Access to Linked
Minutes MEETING DATE: November 5, 2018
AGENDA ITEM TYPE: Minutes
NOTE: For PCs, your internet browser must be Internet Explorer Version 10 or higher. Google
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To view the video and the minutes of October 1, 2018 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 October 8, 2018 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 October 15, 2018 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 October 22, 2018 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 City Commission Minutes as submitted.
SUGGESTED MOTION: I move to approve the City Commission minutes from October 1,
October 8, October 15, and October 22, 2018 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
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• 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: None.
FISCAL EFFECTS: None. Attachments: Draft Minutes
Report Prepared on October 25, 2018
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, October 01, 2018
Mayor - Cynthia Andrus: Present
Deputy Mayor - Chris Mehl: Present
Commissioner - Jeff Krauss: Present
Commissioner - I-Ho Pomeroy: Present
Commissioner - Terry Cunningham: Present Staff Present at the Dais: City Manager (CM) Andrea Surratt, Assistant City Attorney (ACA) Karen
Stambaugh, City Clerk Robin Crough
A. 05:59:57 PM (00:03:53) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse
Mayor Andrus called the meeting to order at 6:00 PM.
B. 06:00:04 PM (00:04:00) Pledge of Allegiance and a Moment of Silence
C. 06:00:51 PM (00:04:47) Changes to the Agenda
There were no changes to the agenda.
D. 06:00:57 PM (00:04:53) FYI
• DM Mehl noted the Planning Coordinating Committee meets tomorrow.
• Mayor Andrus noted a Town Hall for the Bozeman Public Safety Center will be Wednesday
at 6:00 PM at Fire Station 3.
• CM Surratt noted that the Meet and Greet for the Public Works Director candidates is
tomorrow at 4:30 in the Commission Room.
E. 06:02:05 PM (00:06:01) Commission Disclosures
There were no commission disclosures.
F. 06:02:11 PM (00:06:07) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
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2. Ratify the Montana Tourism Grant Application Submission to the Montana Department of
Commerce Office of Tourism to Complete the Bozeman Historic Main Street District Update
Project (Gonzalez)
3. Authorize the City Manager to Sign a Professional Services Agreement with Ayres Associates,
Inc. for an Environmental Protection Agency (EPA) Brownfield Community Wide Assessment
Grant Application (Fine)
4. Authorize the City Manager to Sign a Professional Services Agreement with MarshallGIS for
Automatic Vehicle Location (AVL) System and Services (Shockley)
5. Authorize the City Manager to Sign Task Order Number 1 with Sanderson Stewart for Right-
of-Way Acquisition Services for Improvements at the Intersection of Baxter Lane and
Cottonwood Road (Hixson)
6. Authorize the City Manager to Sign Task Order Number 2 with Sanderson Stewart for
Condemnation Support Services as Part of Current Right-of-Way Acquisition Services (Hixson)
7. Resolution 4946, Authorizing the City Manager to Sign Change Order Number 1 to the
Construction Agreement with FieldTurf® for Additional Site Work Associated with
Construction of Synthetic Turf Fields at the Bozeman Sports Park (Overton)
8. Ordinance 2009 Final Adoption, the Tschache Lane Zone Map Amendment Rezoning 3.403
Acres from R-3, Residential Medium Density District, to R-4, Residential High Density District,
Application 14321 (Rogers)
9. Ordinance 2010 Final Adoption, Expanding the Boundaries of the Montana State University
(MSU) Residential Parking Permit District to Include the 900 Block of South Grand Avenue,
and Alderson Street from South 14th Avenue to South 15th Avenue (Winn)
06:02:18 PM (00:06:14) City Manager Overview
CM Surratt discussed the highlights of the consent agenda.
06:04:35 PM (00:08:31) Public Comment
There was no public comment.
06:04:49 PM (00:08:45) Motion and Vote to approve Consent Items 1-9 as submitted. The motion
passed 5-0.
Commissioner - Terry Cunningham: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
G. 06:05:07 PM (00:09:03) Public Comment
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Mayor Andrus opened public comment.
06:05:49 PM (00:09:45) Jennifer Boyer, Public Comment
Ms. Boyer updated the commission on the “A Seat at the Table” event, scheduled for October 25th.
H. 06:09:07 PM (00:13:03) Special Presentations
1. 06:09:11 PM (00:13:07) Neighborhood Conservation Overlay District (NCOD) Review
Consultant Introduction, Update, and Upcoming Public Participation Options (Gonzalez)
06:09:24 PM (00:13:20) Staff Presentation
Community Development Director Marty Matsen updated the commission on the process and progress
of the NCOD update, working with BendonAdams on the project. The consultant is currently working on
a draft with recommendations, and events will be rescheduled for November so there is more time for
public review of the draft.
06:12:56 PM (00:16:52) Questions of Staff
Cr. Cunningham asked how this will interact with the Community Plan.
Cr. Krauss asked if it’s the staff’s role in evaluating the work of the consultant, and who will at the end of
the day “accept” the report.
DM Mehl stated there should be a public presentation in front of the commission.
2. 06:24:11 PM (00:28:07) Montana State University and City of Bozeman Accessory Dwelling
Unit Design Project – Student Preliminary Design Presentation (Johnson)
06:24:45 PM (00:28:41) Staff Presentation
Senior Planner Courtney Johnson discussed the ADU project in collaboration with the MSU School of
Architecture. She discussed the six properties, the process, the deliverables, and introduced the
construction teams. The groups of students presented their respective projects.
06:50:49 PM (00:54:45) Questions of Presenters
Cr. Pomeroy asked who the targeted users of the ADUs would be, and asked about affordable housing.
Cr. Cunningham asked what the limitations of an ADU would be, and about parking challenges. He asked
what prompted looking at solar. He asked about neighborhood input and how would these be
replicable. He asked about the biggest challenges.
DM Mehl and Mayor Andrus commended their work within the code and without deviations.
Cr. Krauss asked if these will be examined for code compliance.
Cr. Pomeroy asked how the six properties were chosen.
I. 07:03:15 PM (01:07:11) Action Items
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1. 07:03:20 PM (01:07:16) Continue the Public Hearing for the Valhalla Meadery Conditional Use
Permit for the Sale of Alcohol for On-Premises Consumption from October 1, 2018 to October
8, 2018, Application 18332 (Pope)
07:03:45 PM (01:07:41) Public Comment
There was no public comment.
07:03:58 PM (01:07:54) Motion and Vote to continue the public hearing on application 18332, Valhalla
Meadery Conditional Use Permit, from October 1, 2018 to October 8, 2018. The motion passed 5-0.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Chris Mehl: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
2. 07:04:32 PM (01:08:28) Resolution 4932, Levying and Assessing Delinquent Water, Sewer,
Stormwater, Garbage, and Recycling Charges for Fiscal Year 2019 (Donald)
07:04:55 PM (01:08:51) Staff Presentation
Finance Director Kristin Donald discussed the resolution and the process of places the charges as a lien
to real property. She discussed the noticing of the resolution to property owners.
07:05:33 PM (01:09:29) Questions of Staff
DM Mehl asked about noticing process.
Cr. Cunningham asked about returned mail and getting the notice to the correct people. He asked if
water gets turned off.
Mayor Andrus asked if the City keeps track of those that continually don’t pay, and if there are
repercussions.
07:09:08 PM (01:13:04) Public Comment
There was no public comment.
07:09:17 PM (01:13:13) Motion to adopt Resolution 4932, Levying and Assessing Delinquent Water,
Sewer, Stormwater, Garbage, and Recycling Charges for Fiscal Year 2019.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
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07:09:28 PM (01:13:24) Discussion
Cr. Krauss stated citizens have to actually ask for these services.
07:10:57 PM (01:14:53) Vote on the Motion to adopt Resolution 4932, Levying and Assessing
Delinquent Water, Sewer, Stormwater, Garbage, and Recycling Charges for Fiscal Year 2019. The
motion passed 5-0.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
3. 07:11:08 PM (01:15:04) Resolution 4933, Levying and Assessing Delinquent Sidewalk Install
or Repair Charges for Fiscal Year 2019 (Donald)
07:11:18 PM (01:15:14) Staff Presentation
FD Donald discussed the noticing by the City Engineering Department to make repairs, and that they
work with customers to allow monthly payments.
07:12:05 PM (01:16:01) Public Comment
There was no public comment.
07:12:15 PM (01:16:11) Motion to adopt Resolution 4933, Levying and Assessing Delinquent Sidewalk
Install or Repair Charges for Fiscal Year 2019.
Commissioner - Jeff Krauss: Motion
Commissioner - Terry Cunningham: 2nd
07:12:26 PM (01:16:22) Discussion
Cr. Krauss reminded the public that the sidewalk is the homeowner’s responsibility.
Cr. Cunningham saw the process first-hand in his neighborhood.
Mayor Andrus stated she’d like to see permeable pavers.
07:13:55 PM (01:17:51) Vote on the Motion to adopt Resolution 4933, Levying and Assessing
Delinquent Sidewalk Install or Repair Charges for Fiscal Year 2019. The motion passed 5-0.
Commissioner - Jeff Krauss: Motion
Commissioner - Terry Cunningham: 2nd
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Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
4. 07:14:05 PM (01:18:01) Resolution 4934, Levying and Assessing Delinquent Snow Removal
Charges for Fiscal Year 2019 (Donald)
07:14:15 PM (01:18:11) Staff Presentation
FD Donald discussed the noticing process, and that the City will contract the removal process if
necessary.
07:14:44 PM (01:18:40) Questions of Staff
Cr. Cunningham asked if any of these are under protest.
07:15:06 PM (01:19:02) Public Comment
There was no public comment.
07:15:15 PM (01:19:11) Motion to adopt Resolution 4934, Levying and Assessing Delinquent Snow
Removal Charges for Fiscal Year 2019.
Commissioner - Terry Cunningham: Motion
Commissioner - I-Ho Pomeroy: 2nd
07:15:24 PM (01:19:20) Discussion
Cr. Krauss stated this is a matter of public safety.
07:15:49 PM (01:19:45) Vote on the Motion to adopt Resolution 4934, Levying and Assessing
Delinquent Snow Removal Charges for Fiscal Year 2019. The motion passed 5-0.
Commissioner - Terry Cunningham: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
5. 07:16:02 PM (01:19:58) Resolution 4935, Levying and Assessing Delinquent Weed Mowing
Charges for Fiscal Year 2019 (Donald)
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07:16:13 PM (01:20:09) Staff Presentation
FD Donald discussed the notification process, and that removal is contracted and then billed.
07:16:45 PM (01:20:41) Questions of Staff
Cr. Pomeroy asked if the current owners have been delinquent before and what is the repercussion.
07:17:28 PM (01:21:24) Public Comment
There was no public comment.
07:17:33 PM (01:21:29) Motion and Vote to adopt Resolution 4935, Levying and Assessing Delinquent
Weed Mowing Charges for Fiscal Year 2019. The motion passed 5-0.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Chris Mehl: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
6. 07:18:00 PM (01:21:56) Appointment to the Bozeman Downtown Business Improvement
District Board (BDBID) (Sweeney)
07:18:05 PM (01:22:01) Motion to appoint Mike Basile to the Downtown Area Urban Renewal District
Board Bozeman Downtown Business Improvement District Board to a term ending June 30, 2020. The
motion passed 5-0.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Chris Mehl: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
7. 07:18:40 PM (01:22:36) Appointment(s) to the Downtown Area Urban Renewal District Board
(DURB) (Sweeney)
07:18:56 PM (01:22:52) Motion and Vote to appoint Bill Stoddart to a non-voting position with a term
ending June 30, 2022 [to the Downtown Area Urban Renewal District Board]. The motion passed 5-0.
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Commissioner - Jeff Krauss: Motion
Deputy Mayor - Chris Mehl: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
8. 07:19:19 PM (01:23:15) Appointment(s) to the Midtown Urban Renewal Board (MURB)
(Sweeney)
07:19:22 PM (01:23:18) Motion and Vote to appoint Nolan Campbell as a non-voting member
[appointed by the City Commission] with a term ending January 31, 2019 [to the Midtown Urban
Renewal Board]. The motion passed 5-0.
Commissioner - Terry Cunningham: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
07:19:47 PM (01:23:43) Motion and Vote to appoint Valerie Wyman as a non-voting member
[appointed by the City Commission – At Large] with a term ending January 31, 2022 [to the Midtown
Urban Renewal Board]. The motion passed 5-0.
Commissioner - Terry Cunningham: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
J. 07:20:16 PM (01:24:12) FYI / Discussion
There was no FYI.
K. 07:20:26 PM (01:24:22) Adjournment
Mayor Andrus adjourned the meeting at 7:20 PM.
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, October 08, 2018
Mayor - Cynthia Andrus: Present
Deputy Mayor - Chris Mehl: Present
Commissioner - Jeff Krauss: Present
Commissioner - I-Ho Pomeroy: Present
Commissioner - Terry Cunningham: Present Staff Present at the Dais: City Manager (CM) Andrea Surratt, City Attorney (CA) Greg Sullivan, City Clerk
Robin Crough
A. 05:59:58 PM (00:03:46) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse
Mayor Andrus called the meeting to order at 6:00 PM.
B. 06:00:03 PM (00:03:51) Pledge of Allegiance and a Moment of Silence
C. 06:00:48 PM (00:04:36) Changes to the Agenda
CM Surratt stated Consent Item 5 is being withdrawn to be brought back at a future date.
D. 06:01:14 PM (00:05:02) FYI
There was no FYI.
E. 06:01:19 PM (00:05:07) Commission Disclosures
• DM Mehl disclosed that he canvassed one of the evening’s applicants, and left immediately
without speaking of this evening’s agenda item.
F. 06:01:43 PM (00:05:31) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Ratify the City Manager’s Approval of an All-Beverage On-Premises License for Nordic Brew
Works, Inc. of Bozeman, Montana to Sell Beer, Wine, and Liquor at 730 Boardwalk Avenue for
Calendar Year 2018 (Portnell)
3. Authorize the Mayor to Sign a Letter of Support on behalf of the Bozeman City Commission
for the Relocation of the U.S. Department of Agriculture’s (USDA) National Institute of Food
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and Agriculture (NIFA) and Economic Research Service (ERS) Headquarters to the Montana
State University Innovation Campus, Bozeman, Montana (Fontenot)
4. Ratify the City Manager's Signature on an Agreement with Bozeman High School District 7 for
Van Winkle Stadium Improvement Water Adequacy Requirements (Heaston)
5. Authorize the City Manager to Sign a Memorandum of Agreement with the Montana
Department of Transportation (MDT) for Maintenance of Sidewalks, Landscaping, and
Irrigation Equipment Installed as Part of the Blackmore Bend Development Project on East
Main Street (Hixson)
6. Authorize the City Manager to Sign a Professional Services Agreement with Economic and
Planning Systems, Inc. (EPS) for Urban Renewal Application Review for the Ruh Building (Fine)
7. Authorize the City Manager to Sign a Professional Services Agreement with Navigate, LLC for
Part One of the Housing Needs Assessment (Madsen)
8. Authorize the City Manager to Sign a Professional Services Agreement with Above and Beyond
Janitorial for Janitorial Services at the Swim Center (Hill)
9. Authorize the City Manager to Sign Addendum Number 1 to the Professional Services
Agreement with Above and Beyond Janitorial for Recreation Facility Janitorial Services to Add
the Story Mill Community Center and Extend One Year (Saitta)
10. Authorize the City Manager to Sign Amendment Number 6 to the Professional Services
Agreement with Robert Peccia and Associates to Add the Design Phase Services for Durston
Road Improvements from Mineral Avenue to Fowler Avenue (Murray)
11. Authorize the City Manager to Sign a Public Street and Utility Easement with Traditions
Homeowners Association, and Public Street and Utility Easement and Public Utility and Access
Easement and Agreement with Rosa Construction, Inc. for the Rosa Apartments Project
(Murray)
12. Authorize the City Manager to Sign a Sanitary Sewer Pipeline and Access Easement and
Agreement, Public Access Easement, and Public Street and Utility Easement with 7&G
Enterprises, LLC for the North 7th Avenue and Griffin Drive Project (Nielsen)
13. Authorize the City Manager to Sign a Sewer and Water Pipeline and Access Easement and
Agreement, Public Park Easement, and a Public Street and Utility Easement with Bozeman
Apartment Group, LLC, for the Icon Apartment Project (Nielsen)
14. Resolution 4964, Authorizing the City Manager to Sign Change Order Number 1 with Vertex
Electric, Inc. for the Lyman Spring Junction Box and Controls Improvements Project (Heaston)
15. Resolution 4965, Authorizing the City Manager to Sign Change Order Number 2 with Vertex
Electric, Inc. for the Lyman Spring Junction Box and Controls Improvements Project (Heaston)
16. Resolution 4966, Authorizing the City Manager to Sign Change Order Number 3 with Vertex
Electric, Inc. for the Lyman Spring Junction Box and Controls Improvements Project (Heaston)
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17. Ordinance 2011 Final Adoption, the Ziegler Zone Map Amendment to Designate
Approximately 3.12 Acres as M-1, Light Manufacturing, Located at 703 Bridger Drive,
Application 17423 (Saunders)
06:01:51 PM (00:05:39) City Manager Overview
CM Surratt discussed the highlights of the consent agenda.
06:02:29 PM (00:06:17) Public Comment
There was no public comment.
06:02:51 PM (00:06:39) Motion and Vote to approve Consent Items 1-4, and 6-17 as submitted. The
motion passed 5-0.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Terry Cunningham: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
G. 06:03:07 PM (00:06:55) Public Comment
Mayor Andrus opened public comment.
06:03:39 PM (00:07:27) Matt Vincent, Public Comment
Mr. Vincent spoke against Ballot Initiative I-186, in response to a letter written by DM Mehl.
H. 06:06:00 PM (00:09:48) Mayoral Proclamation
1. 06:06:21 PM (00:10:09) Proclamation to Recognize and Celebrate Indigenous Peoples’ Day
Mayor Andrus recognized MSU representatives in the audience, and spoke in celebration of
Indigenous Peoples’ Day.
I. 06:10:10 PM (00:13:58) Special Presentation
1. 06:10:32 PM (00:14:20) Fire Department Strategic Plan (Waldo)
Fire Chief Josh Waldo presented the Bozeman Fire Department’s first strategic plan. He
discussed the components of the plan, accreditation, and goals and objectives.
06:15:02 PM (00:18:50) Questions of Staff
Cr. Cunningham asked about the “blue card” emergency management plan. He asked about first
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response services and “threats” of the system. He asked what internal partnerships are being referred to
in the plan. He asked about the quick-response plan. He asked about the benefits of the proposed Rouse
facility.
Cr. Pomeroy thanked Chief Waldo for doing a good job and saving taxpayer money on insurance.
Cr. Krauss asked Chief Waldo to consider forestry in their emergency and rescue plan.
DM Mehl asked about the public’s benefit of their accreditation, and how often it happens.
Mayor Andrus commended Chief Waldo for his work.
J. 06:25:10 PM (00:28:58) Action Items
1. 06:25:13 PM (00:29:01) Continue the Public Hearing on the Rainbow Creek Annexation and
Zone Map Amendment from October 8, 2018 to November 26, 2018, Application 18240
(Garber)
06:25:28 PM (00:29:16) Public Comment
There was no public comment.
06:25:43 PM (00:29:31) Questions of Staff
Cr. Cunningham asked if this would go back through the Zoning Commission.
06:26:25 PM (00:30:13) Motion and Vote to hereby continue the public hearing on application 18240,
Rainbow Creek Annexation and Zone Map Amendment, from October 8, 2018 to November 26, 2018.
The motion passed 5-0.
Commissioner - Terry Cunningham: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
2. 06:26:58 PM (00:30:46) Valhalla Meadery Conditional Use Permit for the Sale of Alcohol for
On-Premises Consumption, Located at 875 Bridger Drive, Unit B, Application 18332 (Quasi-
Judicial) (Pope)
06:27:19 PM (00:31:07) Staff Presentation
Assistant Planner Danielle Garber entered the staff report into the record, and introduced the meadery
project. She discussed the floorplan in some detail. There has been no public comment, and the DRC
recommends approval.
06:29:44 PM (00:33:32) Questions of Staff
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Cr. Pomeroy asked if this was a tasting room with a restaurant.
DM Mehl asked if there are any external changes, or any need for additional parking. He also asked
about the “artisan” designation. Policy and Planning Manager Chris Saunders explained “artisan” in
detail. He asked Ms. Garber to explain the impact and conditions of the CUP.
06:33:39 PM (00:37:27) Applicant Presentation
Applicant Dylan McKenna noted they would just be serving small finger food.
06:34:09 PM (00:37:57) Questions of Applicants
DM Mehl asked if they were okay with the staff report.
Cr. Cunningham asked how many folks they anticipate hiring.
06:35:02 PM (00:38:50) Public Comment
There was no public comment.
06:35:11 PM (00:38:59) 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 18332 and move to approve the conditional use permit with conditions and subject to
all applicable code provisions.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
06:35:38 PM (00:39:26) Discussion
Cr. Pomeroy agrees with the staff findings.
Cr. Cunningham adopts the findings, and finds the application consistent with the Growth Policy, and
conforms with BMC and the UDC.
06:36:49 PM (00:40:37) 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 18332 and move to approve the conditional use permit with conditions
and subject to all applicable code provisions. The motion passed 5-0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
3. 06:37:00 PM (00:40:48) 16th and Olive Zone Map Amendment Rezoning 0.59 Acres / 25,901
Square Feet from R-3, Residential Medium Density, to R-5, Residential Mixed-Use High
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Density, as Allowed by 38.260.100 of the Bozeman Municipal Code, Application 18323
(Garber)
06:37:30 PM (00:41:18) Staff Presentation
Assistant Planner Danielle Garber introduced the staff report into the record, and introduced the 16th
and Olive zone map amendment. She clarified the applicant is requesting R-5. She noted the zoning of
adjacent zones. She discussed the differences between R-3 and R-5, the current uses of the parcel, and
the current density of the parcel and surrounding area. She discussed the required zoning criteria of
evaluation found favorable. Staff also looked at the spot zoning criteria. She discussed public comment
and two letters of protest received. DRC and staff find no restrictions on approval, and Zoning
Commission and staff recommend approval.
06:46:04 PM (00:49:52) Questions of Staff
Cr. Cunningham asked if these are owned or rented units.
Cr. Pomeroy asked if this is considered spot zoning. She asked about the benefits to the neighborhood
of the zoning change.
CA Sullivan addressed the spot zoning determination in further detail.
Mayor Andrus asked Ms. Garber to discuss parking in relation to this project.
Cr. Cunningham asked about downstream sewer capacity. Interim Public Works Director Shawn Kohtz
discussed the modeling/monitoring process in further detail.
06:52:27 PM (00:56:15) Applicant Presentation
Applicant Brock Johnson stood by the staff report and was available for questions.
06:52:48 PM (00:56:36) Questions of Applicant
DM Mehl asked if the applicant and seen and is okay with the staff report.
Mayor Andrus asked about parking on-site.
06:54:46 PM (00:58:34) Public Comment
There was no public comment.
06:54:57 PM (00:58:45) Motion that having reviewed and considered the staff report, application
materials, public comment, recommendation of the Zoning Commission, and all information
presented, I hereby adopt the findings presented in the staff report for application 18323 and move to
approve the 16th and Olive zone map amendment, with contingencies required to complete the
application processing.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Chris Mehl: 2nd
06:55:22 PM (00:59:10) Discussion
Cr. Krauss incorporated the staff findings, and stated this isn’t a significant zoning change in this area.
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Page 7 of 7
He agreed with staff’s analysis of spot zoning.
DM Mehl agreed with Cr. Krauss and staff’s analysis of criteria and findings of spot zoning.
Cr. Cunningham associated himself with previous comments. He discussed the location and the impact
in the area. He noted that some of the older developments tend to be the more affordable units in
Bozeman.
Cr. Pomeroy discussed affordable housing and this as an option.
07:03:08 PM (01:06:56) Vote on the Motion that having reviewed and considered the staff report,
application materials, public comment, recommendation of the Zoning Commission, and all
information presented, I hereby adopt the findings presented in the staff report for application 18323
and move to approve the 16th and Olive zone map amendment, with contingencies required to
complete the application processing. The motion passed 5-0.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Chris Mehl: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
K. 07:03:20 PM (01:07:08) FYI/Discussion
• Mayor Andrus invited the community to “walk to a park” on Wednesday at 8:00 AM on
Treeline Coffee.
• Cr. Krauss noted he would be absent on November 5, 2018.
L. 07:04:15 PM (01:08:03) Adjournment
Mayor Andrus adjourned the meeting at 7:04 PM.
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, October 15, 2018
Mayor - Cynthia Andrus: Present
Deputy Mayor - Chris Mehl: Present
Commissioner - Jeff Krauss: Present
Commissioner - I-Ho Pomeroy: Present
Commissioner - Terry Cunningham: Present
Staff Present at the Dais: City Manager (CM) Andrea Surratt, City Attorney (CA) Greg Sullivan, Deputy
City Clerk Brenda Sweeney
A. 05:59:59 PM (00:01:43) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse
B. 06:00:08 PM (00:01:52) Pledge of Allegiance and a Moment of Silence
C. 06:00:51 PM (00:02:35) Changes to the Agenda
There were no changes to the agenda.
D. 06:00:58 PM (00:02:42) FYI
• Cr. Cunningham talked about various and positive neighborhood reports presented at a recent
monthly meeting of the Inter Neighborhood Council (INC).
E. 06:02:07 PM (00:03:51) Commission Disclosures
• DM Mehl disclosed that he is a member of the Bozeman Sunrise Rotary Club and has no financial
or direct interest in the vote on the consent agenda item related to the club.
• Cr. Pomeroy disclosed that she is also a member of the Bozeman Sunrise Rotary Club and has no
financial or direct interest in the vote on the consent agenda item related to the club.
F. 06:02:32 PM (00:04:16) Minutes
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Page 2 of 7
1. 06:02:36 PM (00:04:20) Approve the Regular Meeting Minutes from September 10,
September 17, and September 24, 2018, and User Access to Linked Minutes (Crough)
06:02:37 PM (00:04:21) Motion and Vote to approve the City Commission minutes from September 10,
September 17, and September 24, 2018 as submitted. The motion passed 5-0.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Chris Mehl: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
G. 06:03:01 PM (00:04:45) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with
Bozeman Health for Infrastructure Improvements for the Bozeman Health Site Plan (Nielsen)
3. Authorize the City Manager to Sign a Pedestrian Access Easement and a Sewer and Water
Pipeline and Access Easement and Agreement with MSU Innovation Campus Partners for the
Advanced Research Lab at the Montana State University (MSU) Innovation Campus (Nielsen)
4. Authorize the City Manager to Sign a Public Access Easement with Joshtine, LLC for the
Midtown Tavern Patio Addition Modification (Nielsen)
5. Authorize the City Manager to Sign a Management Agreement with the Montana Department
of Fish, Wildlife and Parks (FWP) for City Management of FWP Property known as the East
Gallatin Recreation Area (Park) (Overton)
6. Authorize the City Manager to Sign an Interlocal Agreement with Gallatin County Court
Services for Drug Testing and Case Management for the Bozeman Veteran Eligible Treatment
Services (V.E.T.S.) Court (Boundy)
7. Authorize the City Manager to Sign a Professional Services Agreement with Collaborative
Mental Health to Cover Treatment Services for the Bozeman Veteran Eligible Treatment
Services (V.E.T.S.) Court (Boundy)
8. Authorize the City Manager to Sign a Professional Services Agreement with Alcohol
Monitoring Systems, Inc. for Drug Testing Services for the Bozeman Veteran Eligible
Treatment Services Court (Boundy)
9. Authorize the City Manager to Sign Task Order Number 3 with Sanderson Stewart for Right-
of-Way Acquisition Services for Cottonwood Road between Babcock Street and Durston Road
(Murray)
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Page 3 of 7
10. Resolution 4962, Intent to Create Special Improvement Lighting District Number 748 for the
Montana State University (MSU) Innovation Campus (Clark)
11. Resolution 4967, Authorizing the City Manager to Sign Change Order Number 1 with Sime
Construction, Inc. for the Baxter Lane – 7th Avenue to 19th Avenue Project (Murray)
12. Resolution 4968, Authorizing the City Manager to Sign Change Order Number 1 with Knife
River - Belgrade for the Baxter Lane – Davis Lane to North 19th Avenue Project (Murray)
13. Resolution 4969, Authorizing the City Manager to Sign Change Order Number 1 with Knife
River - Belgrade for the East Tamarack Street Reconstruction Project (Murray)
06:02:58 PM (00:04:42) City Manager Overview
CM Surratt discussed the highlights of the consent agenda.
06:04:32 PM (00:06:16) Public Comment
There was no public comment.
06:04:45 PM (00:06:29) Motion and Vote to approve Consent Items 1-13 as submitted. The motion
passed 5-0.
Deputy Mayor - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
H. 06:05:08 PM (00:06:52) Public Comment
There was no public comment.
I. 06:05:47 PM (00:07:31) Special Presentations
1. 06:06:13 PM (00:07:57) Affordable Housing Program Update (Matsen/Madsen)
Community Development Director Marty Matsen talked about former discussions regarding
the work program for affordable housing and the recommendation to bring back an updated
plan and current data. Former Community Affordable Housing Manager Matthew Madsen
presented an update on the affordable housing program, events over the last six months
and steps moving forward.
06:24:01 PM (00:25:45) Questions of Staff
Cr. Pomeroy asked about the survey regarding the difference between community and city
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Page 4 of 7
government. She asked whether the survey shows how to address the problems or whether
other cities have developed solutions. She asked about the timing of the Community Housing
Needs Assessment.
Cr. Cunningham noted the City paid out $80,000 in down payment assistance and asked how
the City gets that money back. He asked for a brief description of the results for implementing
certain aspects of the program up to this point regarding the affordable housing ordinance,
financing, and cash-in-lieu processes.
Cr. Krauss talked about where the responsibility for affordable housing lies, as well as the
possibility of taxing the City as a whole. He talked about the survey and whether city
government should be involved in projects.
06:48:04 PM (00:49:48) Staff Clarification
Community Development Director Marty Matsen talked about how to look at the needs
assessment going forward and the process of retrieving data. He explained what the consultant
group is providing. Mr. Madsen talked about the local consultant team.
06:51:03 PM (00:52:47) Questions of Staff Continued
Cr. Krauss asked about the status of the State of Montana in a partnership role. He talked
about using tools, such as rent control, to support affordable housing and asked staff about
other ideas.
DM Mehl asked how we define affordable housing. He asked whether the survey is statistically
accurate. He asked about the streamlining of the CAHAB and the purpose of an additional work
group for a needs assessment.
07:08:59 PM (01:10:43) Staff Clarification
CM Surratt talked about the four action items of the strategic plan defining the most specific
success.
07:10:06 PM (01:11:50) Question of Staff Continued
DM Mehl continued addressing the definition of success. He asked about the statistical
accuracy of the survey. He asked about the purpose of downsizing the CAHAB and adding the
stakeholder advisory group.
Mayor Andrus asked CM Surratt about the time frame to get some of the Commission’s
questions answered. Her recommendation is to continue with the needs assessment.
DM Mehl confirmed his support of the needs assessment but wants to know about temporary
goals.
Cr. Cunningham talked about his role as the Commission liaison to CAHAB and what the board
is charged to do and are accomplishing.
Cr. Krauss talked about the emphasis from the community survey toward the city taking on the
affordable housing responsibility. He talked about growth as the larger issue.
Cr. Pomeroy asked about the 30% rule and whether it applies just to Bozeman. She talked
about the method of infill solving the affordable housing issue.
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Page 5 of 7
07:37:49 PM (01:39:33) Staff Summary
CM Surratt noted that she did not hear a consensus of three who were in favor of an interim
report of what success looks like. She further noted staff will continue working hard on a good
plan.
07:38:06 PM (01:39:50) Public Comment
There was no public comment.
07:38:25 PM (01:40:09) Recess
Mayor Andrus called the Commission into recess until 7:45 PM.
07:45:06 PM (01:46:50) Call to Order
Mayor Andrus called the meeting back to order at 7:45 PM.
2. 07:46:05 PM (01:47:49) Growth Policy Consultant Status Update and Upcoming
Events (Saunders)
Community Development Manager Chris Saunders talked about some long range planning
projects underway currently, which involve some public engagement activities. He
presented information regarding the Bozeman Community Plan. He talked about the
Historic Preservation Program and the Neighborhood Conservation Overlay District as well
as related public meetings to be held November 7-9. He talked about the update to the
Downtown Improvement Plan. Mr. Saunders noted all three of these projects touch on land
use and the strategic plan. He talked about the interaction between these plans.
07:51:31 PM (01:53:15) Questions of Staff
DM Mehl asked about the strategic plan as the overarching plan and how the other plans
relate.
Cr. Cunningham asked Mr. Saunders to explain how the public can access a specific plan on
the City’s web site.
07:55:37 PM (01:57:21) Consultant Presentation
Bruce Meighen, Logan Simpson, presented an update to Commission regarding the status of
the Bozeman Community Plan. He outlined some results from Phase 1 and talked about
beginning Phase 2. He talked about community involvement and methods used for input. He
talked about the type of questions asked of the public. Megan Moore, Logan Simpson,
outlined public group sessions planned for the week to talk about vision themes and
opportunities.
08:04:42 PM (02:06:26) Questions of Presenter
Cr. Pomeroy asked about the process of controlled growth.
Cr. Cunningham asked about aligning capital investment with growth in this plan. He asked
how granular the recommendations will get and how they would relate to code. He asked
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Bozeman City Commission Meeting DRAFT MINUTES, October 15, 2018
Page 6 of 7
about boundaries on the direction of this plan related to other plans, specifically the
transportation plan.
Cr. Krauss asked CA Sullivan about the recommendations being in compliance with the
growth policy.
DM Mehl talked about court cases that set a precedent.
3. 08:14:36 PM (02:16:20) Downtown Bozeman Improvement Plan Update (Naumann)
Chris Naumann, Executive Director of the Downtown Bozeman Partnership, presented a
brief update about the Downtown Improvement Plan. He talked about how the Downtown
Bozeman Partnership is working with Community Development to align with their plans. He
talked about upcoming presentations for the community to be informed.
08:20:23 PM (02:22:07) Questions of Presenter
Cr. Cunningham asked for more information about the framework presentation and an
example of what that might look like.
Cr. Krauss asked whether this is still an update versus a complete re-write relative to the
growth plan and downtown plan approach. He talked about testing our plans against
feasibility. He asked whether the program will look at economic components. He asked
about interconnectivity between districts.
Mayor Andrus asked if this plan will address transition in a way that the 2009 plan didn’t or
enhance how it did. She asked about how the parking plan will be used in the downtown
plan.
08:36:32 PM (02:38:16) Public Comment
There was no public comment.
J. 08:36:48 PM (02:38:32) Action Item
1. 08:36:51 PM (02:38:35) Resolution 4960, Special Assessment Levy for Special Improvement
District (SID) Number 739 for Improvements to East Olive Street between South Black
Avenue and South Church Avenue, and South Church Avenue between East Olive Street and
East Babcock Street (Donald)
08:37:12 PM (02:38:56) Staff Presentation
Finance Director Kristin Donald explained this resolutions establishes the Special Assessment Levy for the
SID 739. She pointed out this hearing was noticed and letters were sent to property owners. No public
comment was received.
08:37:36 PM (02:39:20) Clarification of Staff
CA Sullivan clarified this is a formal public hearing required under state law and also the time for the
Commission to hear any objections to the levy.
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08:37:51 PM (02:39:35) Questions of Staff
There were no questions of staff.
08:38:00 PM (02:39:44) Public Comment
There was no public comment.
08:38:11 PM (02:39:55) Motion to adopt Resolution 4960, levying a special assessment upon benefited
properties within Special Improvement District Number 739.
Deputy Mayor - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
08:38:27 PM (02:40:11) Discussion
DM Mehl commented out of abundance of caution, he appreciates the staff’s work.
Cr. Krauss commended landowners in that area who recognize a needed investment in their
infrastructure.
08:38:56 PM (02:40:40) Vote on the Motion to adopt Resolution 4960, levying a special assessment
upon benefited properties within Special Improvement District Number 739. The motion passed 5-0.
Deputy Mayor - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
K. 08:39:10 PM (02:40:54) FYI / Discussion
• Mayor Andrus reminded the Commission that the meeting next week will contain a work
session.
• DM Mehl noted the Zoning Commission and Planning Board will hold a joint public hearing
beginning at 7:00 PM tomorrow night on the draft community plan.
L. 08:40:10 PM (02:41:54) Adjournment 8:40 PM
Mayor Andrus adjourned the meeting at 8:40 PM.
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, October 22, 2018
Mayor - Cynthia Andrus: Present
Deputy Mayor - Chris Mehl: Present
Commissioner - Jeff Krauss: Present
Commissioner - I-Ho Pomeroy: Absent
Commissioner - Terry Cunningham: Present Staff Present at the Dais/Table: City Manager (CM) Andrea Surratt, City Attorney (CA) Greg Sullivan, City
Clerk Robin Crough, Community Development Director (CDD) Marty Matsen, Community Development
Manager (CDM) Chris Saunders
A. 05:59:56 PM (00:03:44) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse
Mayor Andrus called the meeting to order at 6:00 PM.
B. 06:00:01 PM (00:03:49) Pledge of Allegiance and a Moment of Silence
C. 06:00:49 PM (00:04:37) Changes to the Agenda
CM Surratt asked the Commission to authorize the absence of Commissioner I-Ho Pomeroy.
06:01:04 PM (00:04:52) Motion and Vote to authorize the absence of Commissioner I-Ho Pomeroy. The
motion passed 4-0.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Terry Cunningham: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Absent
Commissioner - Terry Cunningham: Approve
D. 06:01:32 PM (00:05:20) FYI
• CM Surratt thanked HR Director Bethany Jorgenson for her service with the City. Jamie
Norby will act as the Interim HR Director in the meantime.
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Page 2 of 13
• Mayor Andrus announced there will be one more Bozeman Public Safety Center pop-up info
session on November 1, details to come.
• Cr. Cunningham stated that tomorrow at 3 in the public library, there will be the kickoff for
the housing needs analysis working group.
E. 06:03:34 PM (00:07:22) Commission Disclosures
There were no commission disclosures.
F. 06:03:42 PM (00:07:30) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Authorize the City Manager to Sign a Professional Services Agreement with CPS HR Consulting
for Human Resources Director Recruitment Services (Jorgenson)
3. Authorize the City Manager to Sign a Professional Services Agreement with Economic and
Planning Systems (EPS) for Urban Renewal Application Review for the Aspen Crossing Mixed-
Use Project (Fine)
4. Authorize the City Manager to Sign a Professional Services Agreement with Sanderson
Stewart for Architectural, Engineering, Land Surveying, and Land Use Planning Services for
Fiscal Years 2019 to 2023, and Task Order DTN18-001 for a Bridger Park Garage Expansion
Feasibility Analysis (Fine)
5. Authorize the City Manager to Sign Amendment Number 1 to the Memorandum of
Agreement with the Montana Department of Transportation (MDT) for the North 7th Avenue
Corridor (N-118) Streetscape Projects and Maintenance (Fine)
6. Authorize the City Manager to Sign Task Order Number 9 with Sanderson Stewart for 8th
Avenue Street and Utility Improvements (Villard Street to Beall Street) – Fieldwork Only (Fine)
06:03:46 PM (00:07:34) City Manager Overview
CM Surratt provided the highlights of the consent agenda.
06:04:40 PM (00:08:28) Public Comment
There was no public comment.
06:04:47 PM (00:08:35) Motion and Vote to approve Consent Items 1-6 as submitted. The motion
passed 4-0.
Commissioner - Terry Cunningham: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
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Bozeman City Commission Meeting DRAFT MINUTES, October 22, 2018
Page 3 of 13
Commissioner - I-Ho Pomeroy: Absent
Commissioner - Terry Cunningham: Approve
G. 06:05:04 PM (00:08:52) Public Comment
There was no public comment.
H. 06:05:44 PM (00:09:32) Special Presentation
1. 06:05:52 PM (00:09:40) Introduction of Heather Noble, Mayoral Mentee (Andrus)
Mayor Andrus discussed the program she started with MSU, and introduced Heather Noble.
Ms. Noble discussed her education and experience in civil engineering. She will be looking at
water supply as her issue of choice.
2. 06:14:00 PM (00:17:48) Public Notice Demonstration Using the City's Online Mapping
(Henderson)
GIS Manager Jon Henderson discussed a recent project to make current planning project
information available to the public through the City’s mapping system.
06:21:59 PM (00:25:47) Questions of Staff
Cr. Cunningham asked about the possibility of neighborhood-targeted alerts.
Cr. Krauss commented that this provides valuable information, but he discussed the law of diminishing
returns with how much information the City provides.
DM Mehl asked staff to show the web’s eNotification system available now. He asked about the
planning report format.
Mayor Andrus asked if the projects go away when completed.
I. 06:49:44 PM (00:53:32) Policy/Work Session
1. 06:49:46 PM (00:53:34) Discussion and Direction to Staff Regarding Amendments to the
Zoning Map (Saunders/Matsen)
06:52:54 PM (00:56:42) Staff Presentation
Community Development Manager Chris Saunders introduced the history of zoning in the city, and the
zone map amendment process, including the drivers of zoning designations and who can initiate zone
text amendments.
07:10:43 PM (01:14:31) Questions of Staff
Cr. Krauss asked who initiated zoning changes with the growth policy updates in 2001 and 2009. He
asked about the role of the Zoning Commission.
Mayor Andrus asked about infill, zoning standards, requirements of intense zoning. CDM Saunders
discussed the minimum density standard.
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07:18:22 PM (01:22:10) Staff Presentation – Current Noticing Standards
CDM Saunders discussed the current noticing laws and practices, and staff’s requested direction.
07:20:23 PM (01:24:11) Discussion
The commission discussed neighborhood notifications in detail. DM Mehl requested noticing projects
earlier. Staff discussed additional costs that could be incurred.
07:35:22 PM (01:39:10) Public Comment
There was no public comment.
07:35:48 PM (01:39:36) Motion to direct staff to investigate the feasibility and cost of developing a
neighborhood-specific email and text notification system for zone map amendments and development
projects.
Commissioner - Terry Cunningham: Motion
Deputy Mayor - Chris Mehl: 2nd
07:36:12 PM (01:40:00) Discussion
Cr. Cunningham reiterated his interest in pursuing a system.
DM Mehl asked that this system apply to more than just zone map amendments.
Mayor Andrus stated this should be looked into.
07:40:52 PM (01:44:40) Vote on the Motion to direct staff to investigate the feasibility and cost of
developing a neighborhood-specific email and text notification system for zone map amendments and
development projects. The motion passed 4-0.
Commissioner - Terry Cunningham: Motion
Deputy Mayor - Chris Mehl: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Absent
Commissioner - Terry Cunningham: Approve
07:41:04 PM (01:44:52) Motion that all notices for zone map amendments or other development
projects be sent out at a minimum of fifteen days in advance, have a link to a project description, and
a specific contact for staff.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
07:41:26 PM (01:45:14) Discussion
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Page 5 of 13
Mayor Andrus clarified that this is directing staff to bring these items back, not final action.
DM Mehl discussed the importance of this notification.
Cr. Krauss added if a longer period is required, the longer period is used.
07:44:34 PM (01:48:22) Vote on the Motion that all notices for zone map amendments or other
development projects be sent out at a minimum of fifteen days in advance, have a link to a project
description, and a specific contact for staff. The motion passed 4-0.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Absent
Commissioner - Terry Cunningham: Approve
07:44:48 PM (01:48:36) Staff Presentation – Encouraging Intensive Zoning
CDM Saunders asked for direction regarding encouraging application for more intensive zoning for new
annexations, vacant or undeveloped areas.
07:48:36 PM (01:52:24) Discussion/Questions
Cr. Krauss discussed bringing everything in at R-3 and above.
Cr. Cunningham asked about and discussed B-2M zoning and midtown. Staff and commission discussed
in detail. He also asked about spot zoning and compatible use.
The Commission discussed and generally agreed with staff.
08:14:03 PM (02:17:51) Staff Presentation – Spot Zoning Criteria Interpretation
CDM Saunders asked the commission to provide direction on their interpretation of spot zoning. CA
Sullivan detailed the process for making determinations in hearings.
08:18:46 PM (02:22:34) Questions/Discussion
DM Mehl asked where consideration of the UDC comes in as well. He stated he is comfortable with the
proposed interpretation.
Cr. Cunningham asked where neighborhood character comes into play.
Cr. Krauss discussed up-zoning, but that it is infrequent.
The commission discussed neighborhood character in detail.
08:31:47 PM (02:35:34) Staff Presentation – Additional Info Needed?
CDM Saunders asked if there are any other reports that the commission needs to make their decisions.
08:32:39 PM (02:36:27) Questions/Discussion
DM Mehl requested writing a little more for the public.
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Page 6 of 13
The commission and staff discussed if staff needs more options than yes/no, and then discussed the
importance of pros and cons.
The commission and staff discussed zoning that wasn’t or infrequently used, and potential options.
08:43:33 PM (02:47:20) Recess
Mayor Andrus called the commission into recess until 8:50 PM.
08:53:07 PM (02:56:55) Call to Order
Mayor Andrus called the meeting back to order at 8:53 PM.
J. 08:53:10 PM (02:56:58) Action Items
1. 08:53:11 PM (02:56:59) Discussion and Direction to Staff Regarding Proposed Unified
Development Code (UDC) Edits, Clarifications, and Corrections (Saunders/Matsen)
08:54:00 PM (02:57:48) Staff Presentation
CDM Saunders discussed that staff has identified some small and larger elements that could justify
Unified Development Code (UDC) edits.
08:57:20 PM (03:01:08) Public Comment
There was no public comment.
08:57:39 PM (03:01:27) Staff Presentation – Special Use Permits for On-Site Alcohol in B-2M
CDM Saunders explained that a change would make this more consistent with the process in other
zones.
08:58:46 PM (03:02:34) Motion to direct staff to look into language that would allow Special Use
Permits for on-site sales of alcohol in the B-2M zoning district.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
08:59:04 PM (03:02:52) Discussion
DM Mehl noted that this was likely an oversight.
08:59:22 PM (03:03:10) Vote on the Motion to direct staff to look into language that would allow
Special Use Permits for on-site sales of alcohol in the B-2M zoning district. The motion passed 4-0.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Cynthia Andrus: Approve
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Bozeman City Commission Meeting DRAFT MINUTES, October 22, 2018
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Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Absent
Commissioner - Terry Cunningham: Approve
08:59:32 PM (03:03:20) Motion to direct staff to provide all of the focused code amendments 1-17 and
bring them back to the commission [with the other commission direction].
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
08:59:47 PM (03:03:35) Discussion
DM Mehl stated most of these are small, clean-up changes.
Cr. Cunningham stated Cr. Pomeroy believes 15 is too restrictive. She also wants to know more about
bicycle parking regulations.
09:01:39 PM (03:05:27) Amendment to the Motion to incorporate comments for Item 15 for staff to
consider [view legislative history] of the 50-feet requirement, the covering requirement, and the
grandfather issue.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
09:01:56 PM (03:05:44) Questions/Discussion
DM Mehl expects staff to come back with their recommendations on the topics in the amendment.
Mayor Andrus asked CDM Saunders if there were any of the 17 items that he wanted to discuss. CDM
Saunders noted the scope of a few items could be clarified later, and drew the commission’s attention
to the public comment submitted.
09:03:07 PM (03:06:55) Vote on the Amendment to the Motion to incorporate comments for Item 15
for staff to consider [view legislative history] of the 50-feet requirement, the covering requirement,
and the grandfather issue. The amendment passed 4-0.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Absent
Commissioner - Terry Cunningham: Approve
09:03:41 PM (03:07:29) Vote on the Motion as Amended to direct staff to provide all of the focused
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Bozeman City Commission Meeting DRAFT MINUTES, October 22, 2018
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code amendments 1-17 and bring them back to the commission [with the other commission direction],
incorporating comments for Item 15 for staff to consider [view legislative history] of the 50-feet
requirement, the covering requirement, and the grandfather issue. The motion passed 4-0.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Absent
Commissioner - Terry Cunningham: Approve
09:03:51 PM (03:07:39) Staff Presentation - Cash-in-lieu of Parkland Density Cap
CDM Saunders discussed the issues surrounding a parkland maximum density cap in development.
09:05:09 PM (03:08:57) Questions/Discussion
DM Mehl stated he supports the cap of 12. The commission discussed support.
09:09:29 PM (03:13:17) Motion to direct staff to prepare a cash-in-lieu of parkland density cap
amendment.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
09:09:49 PM (03:13:37) Vote on the Motion to direct staff to prepare a cash-in-lieu of parkland density
cap amendment. The motion passed 4-0.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Absent
Commissioner - Terry Cunningham: Approve
09:10:01 PM (03:13:49) Staff Presentation - Detached Household Porch Encroachment, Enclosure, and
Meeting Garage Location
PPM Saunders discussed and demonstrated the issues involved with this policy question, including
setbacks and the policy intent.
09:12:20 PM (03:16:08) Questions/Discussion
Cr. Cunningham asked for Cr. Pomeroy if this allows for more affordable homes on the lot.
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Bozeman City Commission Meeting DRAFT MINUTES, October 22, 2018
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09:13:21 PM (03:17:09) Motion [to direct staff to return with a text amendment] to allow front
porches to count [proposed amendment 3 in packet materials].
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Chris Mehl: 2nd
09:13:44 PM (03:17:32) Discussion
Cr. Krauss stated there are probably many houses with porches not meeting this standard.
09:14:29 PM (03:18:17) Vote on the Motion [to direct staff to return with a text amendment] to allow
front porches to count [proposed amendment 3 in packet materials]. The motion passed 4-0.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Chris Mehl: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Absent
Commissioner - Terry Cunningham: Approve
09:14:40 PM (03:18:28) Staff Presentation - Uses Within Districts and Compatibility with Adjacent
Districts
CDM explained the why, how this can be measured, and the increased weight that comes with this
determination.
09:15:10 PM (03:18:58) Questions/Discussion
The commission discussed support, and clarified adjacent districts. The commission expressed confusion
on the nature of policy. The commission discussed if this is a priority or if this needs significantly more
time to discuss.
09:38:17 PM (03:42:05) Motion to direct staff to try again.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
09:38:24 PM (03:42:12) Discussion
DM Mehl asked to bring this back with further information.
Cr. Krauss discussed the need to have this laid out more formally.
09:41:04 PM (03:44:52) Vote on the Motion to direct staff to try again. The motion passed 3-1.
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Bozeman City Commission Meeting DRAFT MINUTES, October 22, 2018
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Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Cynthia Andrus: Disapprove
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Absent
Commissioner - Terry Cunningham: Approve
09:41:17 PM (03:45:05) Staff Presentation - Formal Definition of Development Context
CDM Saunders discussed that this helps define a subjective definition that doesn’t actually appear in
code.
09:43:01 PM (03:46:49) Questions/Discussion
Cr. Cunningham asked if this actually solves the problem or just replaces neighborhood.
The commission and staff discussed the merits of the clarification.
09:47:43 PM (03:51:31) Motion and Vote to direct staff to further describe the nature, scope, or
meaning of development context in relation to development applications for site plan or commercial
and residential certificates of appropriateness applications. The motion passed 4-0.
Commissioner - Terry Cunningham: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Absent
Commissioner - Terry Cunningham: Approve
09:49:41 PM (03:53:29) Motion to direct staff to amend the minimum/maximum lot area table to
allow single household dwellings in R-1 through R-4 to be 4,000 square feet, and for two household
dwellings to be 5,000 square feet.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Chris Mehl: 2nd
09:50:17 PM (03:54:05) Discussion
Cr. Krauss discussed that urban residential standards have changed and need to change.
Staff discussed when this comes up from the public.
09:57:03 PM (04:00:51) Vote on the Motion to direct staff to amend the minimum/maximum lot area
table to allow single household dwellings in R-1 through R-4 to be 4,000 square feet, and for two
household dwellings to be 5,000 square feet. The motion passed 4-0.
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Bozeman City Commission Meeting DRAFT MINUTES, October 22, 2018
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Commissioner - Jeff Krauss: Motion
Deputy Mayor - Chris Mehl: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Absent
Commissioner - Terry Cunningham: Approve
09:57:12 PM (04:01:00) Motion to direct staff to come back with a conversation regarding amending
table 38.320.030.B, minimum lot widths, to read single household dwellings: 40 feet for R-1, R-2, R-3,
and R-4, and two household dwellings: 50 feet for R-2, and 40 feet for R-3 and R-4.
Commissioner - Jeff Krauss: Motion
Commissioner - Terry Cunningham: 2nd
09:58:07 PM (04:01:55) Discussion
Cr. Krauss asked if this allows for smaller houses and more efficient use of land, and adopt urban
standards.
09:59:45 PM (04:03:33) Vote on the Motion to direct staff to come back with a conversation regarding
amending table 38.320.030.B, minimum lot widths, to read single household dwellings: 40 feet for R-1,
R-2, R-3, and R-4, and two household dwellings: 50 feet for R-2, and 40 feet for R-3 and R-4. The
motion passed 4-0.
Commissioner - Jeff Krauss: Motion
Commissioner - Terry Cunningham: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Absent
Commissioner - Terry Cunningham: Approve
09:59:53 PM (04:03:41) Meeting Extended
Mayor Andrus extended the meeting until 10:10 PM.
10:00:00 PM (04:03:48) Motion to direct staff to review the Frog Rock Design memo of October 11
[,2018], and Dean Burgess email of October 17 [,2018], and the Susan Riggs email, and report back to
the commission as to whether or not they believe any of those suggestions made in public comment
would warrant a proposed change to the UDC to come back before the commission in a future
meeting.
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Bozeman City Commission Meeting DRAFT MINUTES, October 22, 2018
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Commissioner - Terry Cunningham: Motion
Deputy Mayor - Chris Mehl: 2nd
10:00:32 PM (04:04:20) Discussion
DM Mehl added the Susan Riggs email to the list of topics.
10:02:17 PM (04:06:05) Vote on the Motion to direct staff to review the Frog Rock Design memo of
October 11 [,2018], and Dean Burgess email of October 17 [,2018], and the Susan Riggs email, and
report back to the commission as to whether or not they believe any of those suggestions made in
public comment would warrant a proposed change to the UDC to come back before the commission in
a future meeting. The motion passed 4-0.
Commissioner - Terry Cunningham: Motion
Deputy Mayor - Chris Mehl: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Absent
Commissioner - Terry Cunningham: Approve
10:02:26 PM (04:06:14) Motion to direct staff to review the policy related to wetland mitigation with
an eye towards attempting to mitigate in Gallatin County wherever possible provided that the cost
difference is not burdensome.
Commissioner - Terry Cunningham: Motion
Deputy Mayor - Chris Mehl: 2nd
10:02:58 PM (04:06:46) Discussion
Cr. Cunningham stated the City should be deliberate about trying to replace wetlands in the county.
DM Mehl stated he thought this was already in action.
10:04:29 PM (04:08:17) Vote on the Motion to direct staff to review the policy related to wetland
mitigation with an eye towards attempting to mitigate in Gallatin County wherever possible provided
that the cost difference is not burdensome. The motion passed 4-0.
Commissioner - Terry Cunningham: Motion
Deputy Mayor - Chris Mehl: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Absent
Commissioner - Terry Cunningham: Approve
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Bozeman City Commission Meeting DRAFT MINUTES, October 22, 2018
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10:04:38 PM (04:08:26) Discussion
CDD Matsen pointed out an error in the lot width table that will get addressed.
CA Sullivan clarified that the text amendments are initiated tonight in a very narrow focus. The
commission briefly discussed the process for UDC edits.
K. 10:08:48 PM (04:12:36) FYI/Discussion
There was no FYI.
L. 10:09:00 PM (04:12:48) Adjournment
Mayor Andrus adjourned the meeting at 10:09 PM.
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