HomeMy WebLinkAbout10-22-18 City Commission Minutes a
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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Bozeman City Commission Meeting Minutes,October 22,2018
• 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) a
2. Authorize the City Manager to Sign a Professional Services Agreement with CPS HR Consulting
for Human Resources Director Recruitment Services (Jorgenson)01�a
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)7 a
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) a
S. 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) ., a
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)
7a
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 Minutes,October 22,2018
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) w a
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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Bozeman City Commission Meeting Minutes,October 22,2018
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-TerrV Cunningham: Motion
Deputy Mavor-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
DeputV Mavor-Chris Mehl: 2nd
Mavor-CVnthia Andrus:Approve
DeputV MaVor-Chris Mehl:Approve
Commissioner-Jeff Krauss:Approve
Commissioner- I-Ho Pomeroy:Absent
Commissioner-TerrV 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.
DeputV Mavor-Chris Mehl: Motion
Commissioner-Jeff Krauss: 2nd
07:41:26 PM (01:45:14) Discussion
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Bozeman City Commission Meeting Minutes,October 22,2018
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
Manor-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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Bozeman City Commission Meeting Minutes,October 22,2018
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), a
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-210 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 Minutes,October 22,2018
Deputy Mayor-Chris Mehl:Approve
Commissioner-Jeff Krauss:Approve
Commissioner-1-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 Minutes,October 22,2018
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.
DeputV Mavor-Chris Mehl: Motion
Commissioner-Jeff Krauss: 2nd
Mavor-CVnthia Andrus:Approve
DeputV Mavor-Chris Mehl:Approve
Commissioner-Jeff Krauss:Approve
Commissioner- I-Ho PomeroV: Absent
Commissioner-TerrV 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.
DeputV MaVor-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
Mavor-Cynthia Andrus:Approve
Deputy Mayor-Chris Mehl:Approve
Commissioner-Jeff Krauss:Approve
Commissioner-1-Ho PomeroV: Absent
Commissioner-TerrV 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 Minutes,October 22,2018
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
DeputV MaVor-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 Ito 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 MaVor-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 Minutes,October 22,2018
Deputy Mavor-Chris Mehl: Motion
Commissioner-Jeff Krauss: 2nd
Mavor-Cynthia Andrus: Disapprove
Deputy Mavor-Chris Mehl:Approve
Commissioner-Jeff Krauss:Approve
Commissioner- I-Ho PomeroV: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-TerrV 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 Minutes,October 22,2018
Commissioner-Jeff Krauss: Motion
DeputV Mavor-Chris Mehl:2nd
MaVor-CVnthia Andrus:Approve
Deputy Mavor-Chris Mehl:Approve
Commissioner-Jeff Krauss:Approve
Commissioner-I-Ho Pomeroy:Absent
Commissioner-TerrV 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-TerrV 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 Mavor-Chris Mehl:Approve
Commissioner-Jeff Krauss:Approve
Commissioner- I-Ho Pomeroy:Absent
Commissioner-TerrV 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
b2018], and Dean Burgess email of October 17 b2018],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 Minutes,October 22,2018
Commissioner-TerrV 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 b2018], and Dean Burgess email of October 17 b2018], 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-TerrV Cunningham: Motion
Deputy Mayor-Chris Mehl: 2nd
Mayor-Cynthia Andrus:Approve
DeputV Mayor-Chris Mehl: Approve
Commissioner-Jeff Krauss:Approve
Commissioner- I-Ho Pomeroy:Absent
Commissioner-TerrV 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-TerrV 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
DeputV Mayor-Chris Mehl: 2nd
Mayor-Cynthia Andrus:Approve
DeputV Mayor-Chris Mehl:Approve
Commissioner-Jeff Krauss:Approve
Commissioner- I-Ho PomeroV:Absent
Commissioner-Terry Cunningham:Approve
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Bozeman City Commission Meeting Minutes,October22,2018
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.
nthia L.Andrus
Mayor
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