HomeMy WebLinkAbout12-10-18 City Commission Packet Materials - MIN. November 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 November 5,
November 19, and November 26, 2018, and User Access to Linked
Minutes MEETING DATE: December 10, 2018
AGENDA ITEM TYPE: Minutes
NOTE: For PCs, your internet browser must be Internet Explorer Version 10 or higher. Google
Chrome, Firefox or Safari all work as well.
To view the video and the minutes of November 5, 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 November 19, 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 November 26, 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 November 5, November 19, and November 26, 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
• Time savings
• Streamlined approach to citizen involvement and public comment
6
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 November 30, 2018
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, November 05, 2018
Mayor - Cynthia Andrus: Present
Deputy Mayor - Chris Mehl: Present
Commissioner - Jeff Krauss: Absent
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
(CC) Robin Crough
A. 05:59:57 PM (00:04:38) 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. 06:00:10 PM (00:04:51) Pledge of Allegiance and a Moment of Silence
C. 06:00:54 PM (00:05:35) Changes to the Agenda
There were no changes to the agenda.
D. 06:01:01 PM (00:05:42) Authorize Absence – Commissioner Jeff Krauss
06:01:04 PM (00:05:45) Motion and Vote to authorize the absence of Commissioner Jeff Krauss. The
motion passed 4-0.
Deputy Mayor - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Absent
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
E. 06:01:17 PM (00:05:58) Public Service Announcements
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Page 2 of 6
1. 06:01:18 PM (00:05:59) No City Commission Meeting on November 12, 2018 and Closure of
City Offices (Crough)
CC Crough noted that there is no meeting on November 12, 2018, solid waste services are on
schedule, and City offices will be closed on November 6, 2018 and November 12, 2018.
F. 06:01:42 PM (00:06:23) FYI
• Cr. Cunningham discussed the affordable housing needs assessment work that is currently
underway.
• DM Mehl discussed the Neighborhood Conservation Overlay District (NCOD) meetings later in
the week.
G. 06:02:49 PM (00:07:30) Commission Disclosures
There were no commission disclosures.
H. 06:02:57 PM (00:07:38) Minutes
1. Approve the Regular Meeting Minutes from October 1, October 8, October 15, and October
22, 2018, and User Access to Linked Minutes (Crough)
06:03:02 PM (00:07:43) Motion and Vote to approve the City Commission minutes from October 1,
October 8, October 15, and October 22, 2018 as submitted. The motion passed 4-0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Terry Cunningham: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Absent
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
I. 06:03:26 PM (00:08:07) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Appoint a Sub-Committee of Two Commissioners to Review Pledged Securities and
Depository Bonds as of September 30, 2018 (Clark)
3. Formal Cancellation of the November 12, 2018 City Commission Meeting (Crough)
4. Adopt the Fire Equipment and Capital Replacement Fund Capital Improvement Plan (CIP) for
Fiscal Years 2020-2024 (Donald)
5. Adopt the Solid Waste Fund Capital Improvement Plan (CIP) for Fiscal Years 2020-2024
(Donald)
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Bozeman City Commission Meeting DRAFT MINUTES, November 5, 2018
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6. Adopt the Tree Maintenance Fund Capital Improvement Plan (CIP) for Fiscal Years 2020-2024
(Donald)
7. Authorize the City Manager to Sign an Agreement with Bozeman Deaconess Health Services
d/b/a Bozeman Health for Contracted Bozeman Police Department Services (Veltkamp)
8. Authorize the City Manager to Sign a Memorandum of Agreement with the Montana
Department of Transportation (MDT) for Maintenance Associated with the Blackmore Bend
Project (Kohtz)
9. Authorize the City Manager to Sign a Professional Services Agreement with TLC Landscape &
Excavation Inc. for Snow Removal Services at the Public Safety Condominiums (Fire Station
Number 3 and 911 Dispatch) (Gray)
10. Authorize the City Manager to Sign a Water Pipeline and Access Easement and Agreement
with HNA Land Co., LLC for the Buffalo Wild Wings Project North of Home Depot (Nielsen)
11. Ratify the City Manager's Signature on a Grant Award from the Department of Justice (DOJ),
Office of Violence Against Women (OVW) for $523,712.00 to Address Issues of Domestic
Violence, Stalking, Sexual Assault, and Dating Violence (Veltkamp)
12. Ratify the City Manager’s Signature on a Professional Services Agreement with Strategic
Government Resources (SGR) for an Interim Public Works Director (Surratt)
13. Ratify the City Manager’s Signature on Modification Number 2 to the Challenge Cost Share
Agreement with the United States Forest Service, Gallatin Custer National Forest for the
Mystic Lake Beaver Dam Removal Project (Heaston)
14. Resolution 4975, Donating a 1993 Ford F-350 Brush Truck to the Bridger Canyon Rural Fire
Department (Waldo)
06:03:32 PM (00:08:13) City Manager Overview
CM Surratt discussed the highlights of the consent agenda.
06:04:22 PM (00:09:03) Public Comment
There was no public comment.
06:04:39 PM (00:09:20) Motion and Vote to approve Consent Items 1-14 as submitted. 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: Absent
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
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J. 06:04:54 PM (00:09:35) Public Comment
Mayor Andrus opened public comment.
06:05:29 PM (00:10:10) Kerry White, Public Comment
Legislator White discussed the Study of State Labs in House Bill 661. He drew the commissions’ attention
to a few sections concerning bio-security concerns.
06:09:03 PM (00:13:44) Mark Egge, Public Comment
Mr. Egge commented on the draft NCOD update, and discussed problems he saw with the draft, and
asked the commission to send the draft back for further revisions.
06:12:06 PM (00:16:47) Rick Gale, Public Comment
Mr. Gale made comments honoring Veterans’ Day.
K. 06:13:51 PM (00:18:32) Special Presentation
1. 06:14:25 PM (00:19:06) Bozeman School District - Grade Level Reading Initiative (Watson)
Bozeman School District Superintendent Rob Watson discussed Bozeman’s Grade Level
Reading Initiative, and presented data regarding childhood literacy. He discussed literacy
goals set by the school board.
06:28:09 PM (00:32:50) Questions of Presenter
Cr. Cunningham asked about the lack of community engagement between birth and kindergarten. He
asked about different community members encouraging use of the library.
06:30:40 PM (00:35:21) Presentation Continued
Mr. Watson discussed Bozeman High graduates exit survey data concerning post-secondary plans. He
discussed current community partnerships with this initiative.
06:38:15 PM (00:42:56) Questions of Presenter / Comments
Cr. Pomeroy thanked Mr. Watson for his work because of her children’s experience.
Cr. Cunningham asked about the relationship of literacy and healthcare.
DM Mehl asked for further clarification on the relationship of third grade reading levels and drop-out
chances. He asked how he’s going to meet the board’s goals.
Cr. Pomeroy asked about the national literacy rate.
Mayor Andrus asked Library Director Susan Gregory about the Bookmobile and summer access for kids.
She asked Mr. Watson what the City could do to help.
Danica Jameson with the United Way discussed an upcoming event and discussed the relationship of
mental health and well-being.
L. 06:54:08 PM (00:58:49) Action Items
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1. 06:54:10 PM (00:58:51) Adopt the Storm Water Fund Capital Improvement Plan (CIP) for
Fiscal Years 2020-2024 (Donald)
06:54:34 PM (00:59:15) Staff Presentation
Finance Director Kristin Donald presented the Storm Water CIP for fiscal years 2020-2024, noting no
significant funding changes, with the addition of 2024. Storm Water Program Coordinator Kyle Mehrens
provided highlights of the CIP and provided a construction program update. He discussed deferred
maintenance projects, river health projects, utility operation projects, and post-construction projects.
He discussed the current status of the construction site management program.
07:12:36 PM (01:17:17) Questions of Staff
DM Mehl asked about the assumed 3% growth. He asked about capital five years out. He asked staff to
not use caps or acronyms for the document in the future. He asked where the $500,000 annually for
maintenance came from.
Cr. Pomeroy asked if a specific project was funded solely by utility fees.
Cr. Cunningham asked about the 0% rate increase and instead relying on growth. He asked about the
stormwater facility plan projects, and how the new plan will impact the 2007 projects. He asked about
river health and those projects. He asked about post-construction projects and HOA management of
stormwater ponds.
Mayor Andrus asked if the clay replacement will last as long. She asked about permeable pavers. She
asked about broadband included in engineering standards.
07:36:07 PM (01:40:48) Public Comment
There was no public comment.
07:36:20 PM (01:41:01) Motion to adopt the Storm Water Fund Capital Improvement Plan for Fiscal
Years 2020-2024.
Deputy Mayor - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
07:36:37 PM (01:41:18) Discussion
DM Mehl supports having a policy discussion on post-construction projects.
Cr. Pomeroy noted the deferred maintenance that needs to happen.
Cr. Cunningham discussed infrastructure investment. He discussed concern about stormwater ponds,
and recognized the role of wetlands.
Mayor Andrus supports the motion, and appreciates the work towards stormwater. She is interested in
supporting other infrastructure, specifically broadband.
The commission discussed agreement in upcoming policy discussions including broadband infrastructure
and post-construction projects / wetlands.
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07:42:29 PM (01:47:10) Vote on the Motion to adopt the Storm Water Fund Capital Improvement Plan
for Fiscal Years 2020-2024. The motion passed 4-0.
Deputy Mayor - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Absent
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
M. 07:42:39 PM (01:47:20) FYI/Discussion
• Mayor Andrus stated she is interested in broadband infrastructure and asked the commission
about bringing a policy discussion forward. All agreed.
N. 07:44:14 PM (01:48:55) Adjournment
Mayor Andrus adjourned the meeting at 7:44 PM.
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, November 19, 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, Deputy City Clerk Brenda Sweeney
A. 05:59:56 PM (00:01:42) 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. 06:00:07 PM (00:01:53) Pledge of Allegiance and a Moment of Silence
C. 06:00:57 PM (00:02:43) Changes to the Agenda
There were no changes to the agenda.
D. 06:01:02 PM (00:02:48) FYI
• Mayor Andrus publicly thanked the community for their support of the public safety facility
bond as well as staff who made a great effort to educate the community.
• Cr. Cunningham announced that at a recent Bozeman Public Library Board of Trustees meeting,
Director Gregory was directed to explore with the city the possibility of moving to a fine-free
model for late book returns.
• Cr. Cunningham talked about the possibility of directing the City Manager to have the City Legal
Department come back to the commission with a proposed resolution banning mobile billboards
in the city limits.
E. 06:04:21 PM (00:06:07) Commission Disclosures
There were no commission disclosures.
F. 06:04:33 PM (00:06:19) Consent
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1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Approve the Depository Bonds and Pledged Securities as of September 30, 2018 (Clark)
3. Approve the Final Plat for Flanders Mill – Phase 6 Subdivision and Authorize the Director of
Public Works to Sign the Same on behalf of the City of Bozeman, the Director of Community
Development to Sign the Improvements Agreements, and Authorize the City Manager to Sign
the Perpetual Access Easement and Water Adequacy Agreement with Flanders Mill, LLC,
Application 18324 (Quasi-Judicial) (Saunders)
4. Adopt the Fire Impact Fee Fund Capital Improvement Plan (CIP) for Fiscal Years 2020-2024
(Donald)
5. Adopt the Street and Curb Reconstruction Fund Capital Improvement Plan (CIP) for Fiscal
Years 2020-2024 (Donald)
6. Adopt the Street Maintenance Fund Capital Improvement Plan (CIP) for Fiscal Years 2020-
2024 (Donald)
7. Authorize the City Manager to Sign a Public Access Easement with HNA Land Co LLC for
Construction of a 25 Foot Wide Multi-Use Path for the Buffalo Wild Wings Project (Nielsen)
8. Resolution 4976, Authorizing Change Order Number 2 with Knife River - Belgrade for the East
Tamarack Street Reconstruction Project (Murray)
9. Resolution 4961, Authorizing Change Order Number 3 with Montana Civil Contractors, Inc.
for the 5.3 Million Gallon (MG) Water Storage Tank Project (Murray)
10. Resolution 4970, Intent to Create Special Improvement Lighting District Number 749 for the
West Winds SW Subdivision (Clark)
11. Resolution 4978, Intent to Consider a Growth Policy Amendment to Amend Figure 3-1 of the
Bozeman Community Plan, the Future Land Use Map from Present Rural and Residential to
Residential Emphasis Mixed Use and Community Commercial Mixed Use on 160 Acres
Northwest of the Intersection of Cottonwood and Oak, Application 18450 (Garber)
12. Ordinance 2015 Provisional Adoption, 16th and Olive Zone Map Amendment Designating 0.59
Acres as R-5, Residential Mixed-Use High Density, Located at 1608 West Olive Street and 215
South 16th Avenue, Application 18323 (Garber)
06:04:34 PM (00:06:20) City Manager Overview
CM Surrat discussed the highlights of the consent agenda.
06:05:27 PM (00:07:13) Public Comment
There was no public comment.
06:05:39 PM (00:07:25) Motion and Vote to approve Consent Items 1-12 as submitted. The motion
passed 5-0.
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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. 06:05:57 PM (00:07:43) Public Comment
There was no public comment.
H. 06:06:41 PM (00:08:27) Mayoral Proclamation
1. Proclamation to Recognize Small Business Saturday
Mayor Andrus read a proclamation recognizing Small Businesses Saturday as November 24,
2018.
I. 06:09:10 PM (00:10:56) Action Items
1. 06:09:13 PM (00:10:59) Resolution 4972, Stating Conditions Necessary for the City
Commission to Consider Annexation of Property Located within the Riverside Water and
Sewer District (Winn)
06:09:25 PM (00:11:11) Staff Update
CM Surratt stated she has been talking with the applicant in the neighborhood for this item, and there
will be additional discussions to be held which will take place tomorrow. City staff will meet with their
homeowner’s association regarding expectations of the annexation. CM Surratt is requesting
continuance to December 3, 2018 for this agenda item. Staff will bring this document back as well as a
presentation from ACM Chuck Winn along with the applicants.
06:11:11 PM (00:12:57) Public Comment
There was no public comment.
06:11:21 PM (00:13:07) Motion to continue Action Item 1., Resolution 4972, until December 3, 2018.
Commissioner - Terry Cunningham: Motion
Commissioner - Jeff Krauss: 2nd
06:11:40 PM (00:13:26) Vote on the Motion to continue Action Item 1., Resolution 4972, until
December 3, 2018. The motion passed 5-0.
Commissioner - Terry Cunningham: Motion
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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
2. 06:11:55 PM (00:13:41) Resolution 4963, Creation of Special Improvement Lighting District
Number 748 for the Montana State University (MSU) Innovation Campus (Donald)
06:12:11 PM (00:13:57) Staff Presentation
Finance Director Kristin Donald presented SILD 748 for the MSU Innovation Campus. She talked about the
fixtures to be installed, reviewed a map of the proposed district and the lighting assessment amount. She
pointed out there were no written protests or public comment received.
06:13:26 PM (00:15:12) Public Comment
There was no public comment.
06:13:36 PM (00:15:22) Motion to adopt Resolution 4963, Creation of Special Improvement Lighting
District Number 748 for the MSU Innovation Campus.
Commissioner - Jeff Krauss: Motion
Commissioner - I-Ho Pomeroy: 2nd
06:13:51 PM (00:15:37) Discussion
There was no discussion.
06:14:00 PM (00:15:46) Vote on the Motion to adopt Resolution 4963, Creation of Special
Improvement Lighting District Number 748 for the MSU Innovation Campus. The motion passed 5-0.
Commissioner - Jeff Krauss: 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
3. 06:14:12 PM (00:15:58) Arterial and Collector District Fund Capital Improvement Plan (CIP)
for Fiscal Years 2020-2024 (Donald)
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06:14:35 PM (00:16:21) Staff Presentation
Finance Director Kristin Donald presented the Arterial and Collector District Fund CIP for FY 2020-2024.
She reviewed the large financial summary, the arterial and collector funding and project summary. Interim
Public Works Director Shawn Kohtz and Finance Director Donald answered questions of the commission.
06:17:19 PM (00:19:05) Questions of Staff
Cr. Pomeroy asked if there is a plan for the street improvement at Baxter and 19th.
DM Mehl asked Finance Director Donald why the payback revenue ends in 2023. He asked if there is a
reason gas tax revenue will stay flat.
Cr. Cunningham talked about College Street from 8th to 11th and beyond and asked about ongoing
dialogue with MSU for improvements. He asked about 11th to 19th improvement on Babcock. He asked
when the Church/Sourdough intersection will be prioritized.
Cr. Krauss asked about the $3.5M in projects which were not completed this year. He asked if the city
coordinates right-of-way acquisitions with the CIP. He talked about safety concerns regarding Babcock.
Mayor Andrus asked about Story Mill from Bridger to Griffin Drive and how the cost for improvements is
split. She asked about the cost of design and construction for Kagy, Willson and 19th. She asked if it is safe
to assume that if a project was on the transportation plan for 2018 or 2019 it would have come off the
CIP. She requested a running list of completed projects over the last five years.
Cr. Krauss raised a question about taking a breath and moving projects to 2021 in order to complete all
the projects for 2018 and 2019. He talked about getting too far ahead of ourselves with that list.
CM Surratt talked about obtaining the best construction bid prices.
Mayor Andrus asked about Baxter and Davis which is an FY19 project.
Cr. Cunningham asked about Kagy from Willson to Durston and talked about his recollection of a tunnel
going under Kagy. He asked about MSU’s capital campaign relative to communicating with MSU and the
MSU Foundation about a partnership as well as fundraising and naming opportunities which would
alleviate construction costs for the city.
CM Surratt talked about the great existing partnership with MSU, and this request would be from the
Commission.
06:41:57 PM (00:43:43) Public Comment
There was no public comment.
06:42:09 PM (00:43:55) Motion to adopt the Arterial and Collector District Fund Capital Improvement
Plan (CIP) for Fiscal Years 2020-2024.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Chris Mehl: 2nd
06:42:26 PM (00:44:12) Discussion
Cr. Pomeroy thanked staff. She will support the motion.
DM Mehl will approve the motion. He clarified for the public that the commission votes on these twice
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per year. He echoed the request for a list of projects. He pointed out the bike lanes which will be added.
He talked about his recollection of the MSU and Kagy project and MSU’s lack of commitment for financial
participation.
Cr. Cunningham commented that the Kagy and Church/Sourdough project should be moved up a bit for
safety reasons. He talked about the possibility of bidding things together to get the attention of
contractors.
Cr. Krauss looks at infill first and thinks it’s important to fix Babcock between 19th and 11th. He talked
about the list of unfinished projects and not over-promising and under-delivering.
CM Surratt thanked the commission for recognizing the work of the engineers, Public Works Department
and Finance Department and commented that staff will prioritize the work as funding comes through.
Mayor Andrus expressed appreciation for the GIS maps.
07:01:07 PM (01:02:53) Vote on the Motion to adopt the Arterial and Collector District Fund Capital
Improvement Plan (CIP) for Fiscal Years 2020-2024. 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
4. 07:01:19 PM (01:03:05) Street Impact Fee Fund Capital Improvement Plan (CIP) for Fiscal
Years 2020-2024 (Donald)
07:01:30 PM (01:03:16) Staff Presentation
Finance Director Kristin Donald presented the Street Impact Fee Fund CIP for FY 2020-2024. She reviewed
the financial summary and explained the Impact Fee Advisory Committee recommended changes. She
reviewed the Street Impact Fee Project Summary.
07:04:19 PM (01:06:05) Questions of Staff
Cr. Pomeroy asked about the project summary and the negative fund balance.
07:05:49 PM (01:07:35) Public Comment
There was no public comment.
07:05:58 PM (01:07:44) Motion to adopt the Street Impact Fee Fund Capital Improvement Plan (CIP)
for Fiscal Years 2020-2024.
Deputy Mayor - Chris Mehl: Motion
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Commissioner - Terry Cunningham: 2nd
07:06:18 PM (01:08:04) Discussion
DM Mehl commented these plans are co-joined on purpose. He repeated the request for a list of projects
and commented on spending $10M in the coming fiscal year on improvement projects.
Cr. Cunningham noted the request to move the Fowler Design up to FY 2020 was something that the
Community Affordable Housing Advisory Board (CAHAB) has been talking about in their proceedings.
Cr. Krauss commented that as we consider the impact of projects and growth we need to have robust
conversations with our partners about how to deal with peripheral growth and their contributions.
Cr. Pomeroy thanked staff and is glad we have a time cushion for finances. She will support the motion.
Mayor Andrus will support the motion.
07:10:31 PM (01:12:17) Vote on the Motion to adopt the Street Impact Fee Fund Capital Improvement
Plan (CIP) for Fiscal Years 2020-2024. 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
5. 07:10:44 PM (01:12:30) Ordinance 2012 Provisional Adoption, Affordable Housing
Ordinance Zone Text Amendment, Zone Text Amendments Initiated by the City Commission
at Request of the Affordable Housing Program Manager and the Community Affordable
Housing Advisory Board (CAHAB) to Amend Certain Sections of the Affordable Housing
Ordinance 1978 and Codified as Division 38.380, Application 18484 (Matsen)
07:11:17 PM (01:13:03) Staff Presentation
Community Development Director Marty Matsen presented Ordinance 2012, which is a zone text
amendment and update to Section 38.830 of the Unified Development Code (UDC). He entered the staff
report and associated materials into the record. Mr. Matsen reviewed the history of the ordinance as well
as each section which included updated definitions. The commission asked questions after each section
was presented.
07:16:44 PM (01:18:30) Questions of Staff
Cr. Cunningham commented on Section 1 of Ordinance 2012 relative to “buyer households” and
“affordable to buyer” language and stated that it should always read “buyer household” for consistency.
DM Mehl asked about Section 2 and the definition of setting a price affordable to buyers relative to pricing
versus eligibility. He asked about fiscal impact relative to changing household occupancy assumptions.
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Cr. Pomeroy asked about feasibility of timing for expedited review for affordable housing. She asked if all
staff is cross-trained to conduct plan reviews.
Cr. Cunningham asked about reduction of the parkland requirement and whether it is anticipated that
the majority of affordable housing plans will come in the context of a larger development. He asked if this
is a short term fix.
DM Mehl asked about incentives to procedural adjustments and subsidies. He asked about discussions
with builders to find out if there were any incentives they would like added.
DM Mehl asked about the difference in criteria for lower priced homes versus moderate priced homes in
Part 6.
Cr. Cunningham asked whether Mr. Matsen is willing to accept the responsibility of determining the
amount of non-cash subsidy according to the language in Part 6. C. of the ordinance.
DM Mehl asked how the appraisal appeal will work relative to fair market value.
07:58:33 PM (02:00:19) Staff Summary
Mr. Matsen stated the proposed Ordinance 2012 meets the requirements of the zoning criteria and
growth policy. He pointed out the changes presented tonight were also presented to the joint Zoning
Commission and Planning Board on October 16, 2018. He stated the Planning Board, Zoning Commission
and staff recommend approval of the ordinance. He noted two public comments were received.
07:59:36 PM (02:01:22) Question of Staff
Cr. Cunningham pointed out Appendix A references a specific change to the ordinance. He wanted to
propose an amendment and wondered how to do that.
DM Mehl stated his understanding of a summary relative to procedural adjustments and subsidies for
public clarity. He asked what the impact would be in terms of incentives if this were adopted.
Cr. Pomeroy asked how many affordable housing units have been provided so far. She talked about
needing more units and plans for them.
Mayor Andrus asked whether the Community Affordable Housing Advisory Board (CAHAB) had a
discussion about this amendment.
08:10:38 PM (02:12:24) Public Comment
Mayor Andrus opened public comment.
08:10:48 PM (02:12:34) Greg Stratton, Public Comment
Mr. Stratton, a local developer/builder and member of the Community Affordable Housing Advisory
Board (CAHAB), disclosed that he has a financial interest in this issue. He talked about a public comment
he provided in writing. He talked about a lack of interest in affordable housing on the building side and
subsequent low volume. He talked about the AMI percentages.
08:14:40 PM (02:16:26) Patrick Eibs, Public Comment
Mr. Eibs, owner of Higher Standard Homes, talked about building plans provided to him by Mr. Stratton
for a four-plex project possibly as part of the affordable housing program. He talked about his willingness
to produce more of these units and make it work for the community.
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Page 9 of 10
08:16:27 PM (02:18:13) Kevin Thane, Public Comment
Mr. Thane is the current chair of the Community Affordable Housing Advisory Board (CAHAB) and talked
about the board’s support of this proposal. He talked about what the text amendment change does
relative to builders being able to build these houses. He talked about other opportunities for income
into the affordable housing fund.
08:18:41 PM (02:20:27) Motion that having reviewed and considered the project materials, public
comment, Zoning Commission/Planning Board recommendations, and all the information presented, I
hereby adopt the findings presented in the staff report for project 18484 and move to provisionally
adopt Ordinance 2012, the Affordable Housing Ordinance zone text amendment.
Commissioner - Terry Cunningham: Motion
Commissioner - Jeff Krauss: 2nd
08:19:12 PM (02:20:58) Discussion
Cr. Cunningham gave context to this being a stop gap or short term fix to the affordable housing section
of the Unified Development Code (UDC). He talked about the inconsistencies found in the ordinance and
this review process encompassing input from the development community, Community Affordable
Housing Advisory Board (CAHAB) and staff.
Cr. Pomeroy hopes these changes encourage the developers and home builders to provide affordable
housing.
08:23:25 PM (02:25:11) Amendment to the Motion to adopt an amendment that would provide
incentives currently available for homes priced at 70% of Area Median Income to homes priced at 80%
of Area Median Income.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
08:23:51 PM (02:25:37) Discussion
DM Mehl expressed his interest in moving forward with this approach and taking the fiscal risk to have
more success. He talked about making builders more aware of this program.
Cr. Krauss believes it is more important to concentrate on rentals with our work force housing levy. He
would like to see if we can incentivize a few more affordable houses to be built.
Cr. Cunningham talked about the results because of the ordinance relative to cash-in-lieu funds going into
affordable housing. He stated this is another tool to be successful and get these units on the ground.
Mayor Andrus will support the amendment and stated getting more homes built is the ultimate goal.
08:33:25 PM (02:35:11) Vote on the Amendment to adopt an amendment that would provide
incentives currently available for homes priced at 70% of Area Median Income to homes priced at 80%
of Area Median Income. The motion passed 5-0.
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Page 10 of 10
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
08:33:49 PM (02:35:35) Vote on the Amended Motion that having reviewed and considered the project
materials, public comment, Zoning Commission/Planning Board recommendations, and all the
information presented, I hereby adopt the findings presented in the staff report for project 18484 and
move to provisionally adopt Ordinance 2012, the Affordable Housing Ordinance zone text amendment
that would provide incentives currently available for homes priced at 70% of Area Median Income to
homes priced at 80% of Area Median Income. The motion passed 4-1.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Disapprove
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
J. 08:34:06 PM (02:35:52) FYI / Discussion
• DM Mehl reviewed calendar items for the public. He announced the joint meeting of the Zoning
Commission and Planning Board tomorrow night at 7:00 PM in the Commission Room to talk about
the Neighborhood Conservation Overlay District (NCOD) and Community Plan update. He
mentioned a community meeting at the library on Thursday, November 29, 2018 at 7:00 PM to talk
about the Community Plan.
K. 08:35:20 PM (02:37:06) Adjournment
Mayor Andrus adjourned the meeting at 8:35 PM.
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Page 1 of 11
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, November 26, 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. 05:59:56 PM (00:02:59) 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. 06:00:09 PM (00:03:12) Pledge of Allegiance and a Moment of Silence
C. 06:00:53 PM (00:03:56) Changes to the Agenda
There were no changes to the agenda.
D. 06:00:59 PM (00:04:02) FYI
• DM Mehl noted the Growth Update consultants will be in town on Thursday from 5-7 PM at
the library for a public outreach event.
• Cr. Cunningham stated the consultants working with the City will be reaching out to major
employers in the community regarding affordable housing.
E. 06:02:12 PM (00:05:15) Commission Disclosures
DM Mehl disclosed that he discussed procedure with interested parties at the Zoning Commission
meeting regarding Action Item 2, and has had passing conversations of no substance regarding
Action Item 3 with citizens.
F. 06:03:01 PM (00:06:04) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
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Bozeman City Commission Meeting DRAFT MINUTES, November 26, 2018
Page 2 of 11
2. Authorize the City Manager to Sign a Professional Services Agreement with the Montana
Department of Labor and Industry to Complete a Workforce Needs Analysis (Fontenot)
3. Authorize the City Manager to Sign Addendum Number 1 to the Professional Services
Agreement with The Nest Collective, LLC for Public Works Department Public Relations
Services (Kohtz)
4. Authorize the City Manager to Sign Task Order Number MID19-001 with Sanderson Stewart
for a Midtown and Downtown Sanitary Sewer Manhole Survey (Fine/Kohtz)
5. Ratify the City Manager's Signature on a Memorandum of Understanding, a Public Use
Easement, and Other Related Documents, with Flanders Creek, HOA, for Construction of
Improvements (Roundabout) at the Intersection of Oak Street and Cottonwood Road - Parcel
1 (Kohtz)
6. Ratify the City Manager's Signature on a Public Street and Utility Easement and Fill Slope
Easement with the Estate of Vesta F. Anderson and Baxter Ranch Holdings, LTD. for the New
Bozeman High School Project (Kohtz)
06:03:05 PM (00:06:08) City Manager Overview
CM Surratt provided the highlights of the consent agenda.
06:04:17 PM (00:07:20) Public Comment
There was no public comment.
06:04:32 PM (00:07:35) Motion and Vote to approve Consent Items 1-6 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. 06:04:49 PM (00:07:52) Public Comment
There was no public comment.
H. 06:05:35 PM (00:08:38) Action Items
1. 06:05:38 PM (00:08:41) Mavens Market Conditional Use Permit for Alcohol Sales for On-
Premises Consumption, Located at 720 West Main Street, Application 18439 (Quasi-Judicial)
(Jadin)
06:05:55 PM (00:08:58) Staff Presentation
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Page 3 of 11
Associate Planner Addi Jadin discussed the request to sell alcohol in the former Country Flowers
location. She noted a design change since original application. There was no public comment and staff
recommends approval.
06:08:39 PM (00:11:42) Questions of Staff
Cr. Cunningham asked whether there was a requirement for awnings.
06:09:37 PM (00:12:40) Applicant Presentation
Bri Thompson, co-founder of Mavens Market, stated they would like to add a wine element to the
location.
06:10:14 PM (00:13:17) Questions of Applicant
DM Mehl asked if the applicant agreed with the conditions of the staff report.
Mayor Andrus asked if they would be making wine.
06:10:56 PM (00:13:59) Public Comment
There was no public comment.
06:11:11 PM (00:14:14) Questions of Staff
DM Mehl asked if making wine was allowed in this zoning, B-2M.
06:11:45 PM (00:14:48) 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 18439 and move to approve the conditional use permit with conditions and subject to
all applicable code provisions.
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Chris Mehl: 2nd
06:12:14 PM (00:15:17) Discussion
Cr. Pomeroy thanked the applicant for the improvements at the site.
DM Mehl supports the application and associates with the staff analysis.
Cr. Cunningham made findings of appropriateness and no conflicts were identified.
06:13:59 PM (00:17:02) Vote on the Motion that having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings presented in
the staff report for application 18439 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
Deputy Mayor - Chris Mehl: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
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Page 4 of 11
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
2. 06:14:10 PM (00:17:13) Rainbow Creek Annexation and Initial Zone Map Amendment of
Approximately 2.29 Acres with a Zoning Designation of R-4, Residential High Density District,
Located at 4555 Baxter Lane, Application 18240 (Protests Received, May Require 2/3 Vote)
(Garber)
06:14:34 PM (00:17:37) Staff Presentation
Planner Danielle Garber discussed the site location, existing growth policy designation, and state zoning
requirements for the Rainbow Creek annexation and zone map amendment. She discussed a number of
criteria in some detail, including transportation capacity. She discussed the zoning designations of
adjacent parcels. She also discussed spot zoning criteria, only one criteria was met. She discussed public
comment, and the supermajority threshold has been met. The DRC, Zoning Commission, and staff
recommend approval.
06:27:06 PM (00:30:09) Questions of Staff
DM Mehl asked about proximity to the new high school and new commercial node. He asked about
annexation goals and policies. He asked about height maximums in R-1 vs. R-4, as well as setback
requirements. He asked about the differences in residential uses in the two zonings.
Cr. Cunningham asked about the use of the right-of-way that would be required from the applicant. He
asked about transit planning and forecasting.
Cr. Pomeroy asked if existing infrastructure is already close enough for this project. She asked how this
R-4 benefits nearby R-1.
Mayor Andrus asked for clarification on the setbacks.
06:37:30 PM (00:40:33) Applicant Presentation
Chris Budeski, with Madison Engineering, noted this application was initially R-5, but the Zoning
Commission encouraged R-4 instead, which is what they are here with tonight. He discussed the need
for housing and zoning diversity in the community and this area specifically. He discussed how zoning
has design requirements that help limit developments appropriately. He discussed other benefits of the
zoning designation in this area.
06:44:49 PM (00:47:52) Questions of Applicant
DM Mehl asked if the applicant has seen and agrees with the staff report. He asked why this isn’t spot
zoning. He asked if R-1 and R-4 next to each other is appropriate in this location.
Cr. Cunningham asked about maximum/minimum zoning densities.
06:50:11 PM (00:53:14) Public Comment
Mayor Andrus opened public comment.
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06:50:42 PM (00:53:45) Brian Gallick, Public Comment
Mr. Gallick, representing the neighbors to the north, stated his clients don’t oppose annexation, just the
zoning. He discussed applying the UDC to this application.
06:53:55 PM (00:56:58) Jason Heinz, Public Comment
Mr. Heinz stated R-4 doesn’t make sense here, not just development. He argued that growth doesn’t
justify all developments.
06:56:39 PM (00:59:42) Angela Heinz, Public Comment
Ms. Heinz discussed the conflict of growth vs. protecting neighborhood character. She stated this will
negatively impact her neighborhood.
06:59:51 PM (01:02:54) Scott Longehr, Public Comment
Mr. Longehr discussed adjacent zoning precedents around the city. He stated that zoning must be in
accordance with the growth policy.
07:03:10 PM (01:06:13) Bill Darton, Public Comment
Mr. Darton, who owns property in the 150-foot proximity, expressed his concerns with the subject
property.
07:06:16 PM (01:09:19) Nancy Elwood, Public Comment
Ms. Elwood discussed the relationship of the strategic plan to development at this property.
07:09:11 PM (01:12:14) EJ Hook, Public Comment
Mr. Hook stated concern with apartments being built, as they are not compatible with the area. He
asked for a balanced solution.
07:12:17 PM (01:15:20) Barclay Hook, Public Comment
Ms. Hook addressed the character of the adjoining community, and the requirement for compatibility.
07:15:13 PM (01:18:16) Gretchen Lindner, Public Comment
Ms. Lindner stated this may be spot zoning. She stated the buffer zone is actual usable neighborhood
space that the HOA pays for. She noted potential negative impacts.
07:17:57 PM (01:21:00) Betty Rusel, Public Comment
Ms. Rusel discussed change in Bozeman and sense of community.
07:19:15 PM (01:22:18) Mike Berzman, Public Comment
Mr. Berzman stated concern with growth, and making exceptions for lucrative developments.
07:22:21 PM (01:25:24) Kaitlyn Drake, Public Comment
Ms. Drake discussed her story as context to the changes that could happen with this application.
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07:26:01 PM (01:29:04) Clarifications from Staff
Planner Danielle Garber clarified adjacent zoning appropriateness in the UDC. She discussed R-4 in the
Growth Policy. She also noted nothing in the R-1 district is proposed to be changed.
07:27:27 PM (01:30:30) Applicant Rebuttal
Chris Budeski clarified the sidewalks will be extended across the full site. He discussed that there are no
facts that property values will go down. He also discussed parking on local streets would be unlikely. He
reiterated that the Zoning Commission, DRC, and staff recommend approval.
07:30:12 PM (01:33:15) Questions of Staff
DM Mehl asked if the UDC has a required setback.
Cr. Krauss asked if R-4 can ONLY be next to the stated districts in the UDC. Assistant City Attorney Tim
Cooper responded.
07:33:11 PM (01:36:14) Motion that having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings presented in the
staff report for application 18240 and move to approve the Rainbow Creek Annexation with
recommended terms of annexation, and direct staff to prepare an annexation agreement for
signature by the parties.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
07:33:50 PM (01:36:53) Discussion
DM Mehl found this meets the majority of annexation criteria and supports the annexation.
Cr. Krauss stated this property makes sense for annexation.
Cr. Cunningham agreed this meets the criteria and policies for annexation.
Cr. Pomeroy agrees with the staff’s findings.
Mayor Andrus supports the annexation since this meets the criteria, policies, and goals.
07:40:17 PM (01:43:20) Vote on the Motion that having reviewed and considered the staff report,
application materials, public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 18240 and move to approve the Rainbow Creek
Annexation with recommended terms of annexation, and direct staff to prepare an annexation
agreement for signature by the parties. 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
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Bozeman City Commission Meeting DRAFT MINUTES, November 26, 2018
Page 7 of 11
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
07:40:28 PM (01:43:31) 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 18240 and move to approve
the Rainbow Creek Zone Map Amendment, with contingencies required to complete the application
processing.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
07:40:54 PM (01:43:57) Discussion
DM Mehl discussed significant growth and change, and it happens throughout the city, albeit difficult.
He stated the proposed uses are compatible. He discussed the need for rentals. He associated himself
with the staff report. He addressed public comment.
Cr. Krauss stated the density on this size lot is questionable, but he expressed the need for infill. He
discussed R zoning and the location in detail.
Cr. Cunningham discussed the difficulty of change, and the need for diverse housing. He discussed
zoning and the surrounding area in great detail.
Cr. Pomeroy agrees with the neighborhood character concern, but the community needs housing.
Mayor Andrus discussed change, the strategic plan, and the community plan.
08:18:56 PM (02:21:59) 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 18240
and move to approve the Rainbow Creek Zone Map Amendment, with contingencies required to
complete the application processing. The motion passed 4-1.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Disapprove
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
08:19:09 PM (02:22:12) Commission Recess
Mayor Andrus called the Commission into recess until 8:30 PM.
08:30:25 PM (02:33:28) Call to Order
Mayor Andrus called the meeting back to order at 8:30 PM.
3. 08:30:32 PM (02:33:35) Appeal of the Administrative Project Decision for the Winco Foods
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Page 8 of 11
Site Plan, Application 17585 (Quasi-Judicial) (Johnson/Matsen)
08:30:58 PM (02:34:01) Staff Presentation
Senior Planner Courtney Johnson discussed the property and Community Plan vicinity map. She
discussed the review timeline of the property. She discussed the UDC adequacy determined by the City.
She discussed the approval process and support from the DRC and DRB.
08:41:58 PM (02:45:01) Questions of Staff
Cr. Krauss asked about the design decisions made in this process. He asked about roundabouts and
pedestrian safety.
Cr. Pomeroy asked how this project meets the Growth Policy.
DM Mehl asked for clarification on the process tonight. CA Sullivan responded.
Cr. Krauss asked how the public can participate in an administrative decision. Ms. Johnson explained the
public comment process.
DM Mehl asked what the initial finding of inadequacy was.
Cr. Cunningham asked about the traffic study done for the project. Staff Engineer Griffin Nielsen
responded. He asked Ms. Johnson about the 23 performance points awarded/earned.
Mayor Andrus asked if the stormwater and drainage have been adequately addressed.
09:02:15 PM (03:05:18) Appellant Presentation
Shannon Foley discussed why the appellant is aggrieved by this instance, specifically since the appellants
work for smaller scale grocery stores and have a direct interest in their current job stability. She
discussed the unfair burden for community members to be informed via public notice. She discussed the
public comment process in great detail.
09:21:20 PM (03:24:23) Questions of Appellant
DM Mehl asked if she thought the project was in compliance with the Growth Policy. He asked traffic
concerns.
09:38:36 PM (03:41:39) Landowner Presentation
Ben Alke discussed the merits that staff has already set forth, as there is no violation. He noted the two
issues, of whether there was a proper appeal filed, and whether they are aggrieved.
09:45:30 PM (03:48:33) Public Comment
Mayor Andrus opened public comment.
09:45:50 PM (03:48:53) Chad Laymer, Public Comment
Mr. Laymer, counsel with WinCo Foods, discussed the WinCo model, and the benefits of having a
company like WinCo in the community.
09:49:25 PM (03:52:28) Andrew Loinson, Public Comment
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Page 9 of 11
Mr. Loinson stated he doesn’t think the appellants are aggrieved parties. He noted a scattershot
approach to get something to stick including traffic or public notice.
09:51:26 PM (03:54:29) Eugene Graf, Public Comment
Mr. Graf stated this meets the Growth Policy.
09:52:47 PM (03:55:50) Joel Dunbar, Public Comment
Mr. Dunbar, who works at Safeway, believes traffic will be a huge problem.
09:54:56 PM (03:57:59) Nikolai Cocergine, Public Comment
Mr. Cocergine noted the traffic issues and further concentration of people.
09:58:19 PM (04:01:22) David Lohsef, Public Comment
Mr. Lohsef stated he does not understand the aggrieved argument claim. He stated the city is
experiencing growth regardless of stores coming in.
10:01:33 PM (04:04:36) Meeting Extended
Mayor Andrus extended the meeting to 10:30 PM.
10:01:54 PM (04:04:57) Questions of Staff
Mayor Andrus asked CA Sullivan for their next steps in the hearing.
10:02:55 PM (04:05:58) Staff Clarifications
Planner Johnson noted that the DRB board also gives the public opportunity to participate. She stated
the Director makes his decision based on full staff report.
10:03:55 PM (04:06:58) Questions of Staff
DM Mehl asked if public comment needs to be process and content. He asked the engineers about the
alternative traffic study.
CA Sullivan asked Planner Johnson what was available during the public comment period.
Cr. Krauss asked what the next step is if he is not persuaded about a grievance.
10:11:09 PM (04:14:12) Appellant Clarifications
Ms. Foley stated the appellants are not here on behalf of their employers. She clarified the appellants
are not claiming that Safeway or Albertsons are locally owned. She stated that documents can be
submitted up to the close of public comment at appeal.
10:17:17 PM (04:20:20) Landowner Clarifications
Mr. Alke discussed the noticed adequacy conditions. He discussed multiple bases for denying the appeal.
10:21:11 PM (04:24:14) Questions of Staff
Cr. Krauss asked CA Sullivan if the precedent set here would be a concern.
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10:27:21 PM (04:30:24) Meeting Extended
Mayor Andrus extended the meeting to 10:45 PM.
10:27:38 PM (04:30:41) Motion that the City preserve the right to raise failure to comply with
Bozeman Municipal Code Section 38.220.140.A.4 upon any subsequent judicial review of the
administrative project decision.
Commissioner - Jeff Krauss: Motion
Commissioner - Terry Cunningham: 2nd
10:28:10 PM (04:31:13) Discussion
Cr. Krauss stated this discussion/decision should be made in court.
10:29:08 PM (04:32:11) Vote on the Motion that the City preserve the right to raise failure to comply
with Bozeman Municipal Code Section 38.220.140.A.4 upon any subsequent judicial review of the
administrative project decision. The motion passed 5-0.
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: Approve
Commissioner - Terry Cunningham: Approve
10:30:01 PM (04:33:04) Motion to uphold the administrative project decision for application 17585,
WinCo Foods site plan.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Chris Mehl: 2nd
10:30:18 PM (04:33:21) Discussion
Cr. Krauss discussed his findings in upholding the administrative project decision in detail.
10:43:37 PM (04:46:40) Meeting Extended
Mayor Andrus extended the meeting to 11:00 PM.
10:43:47 PM (04:46:50) Discussion Continued
DM Mehl made additional findings in support of the motion.
Cr. Cunningham made findings that the decision was in compliance with the Growth Policy and UDC.
Cr. Pomeroy agrees with the other commissioners.
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Page 11 of 11
Mayor Andrus supports the motion, and that the application is compliant.
10:54:23 PM (04:57:26) Vote on the Motion to uphold the administrative project decision for
application 17585, WinCo Foods site plan. 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
4. Ordinance 2013 Provisional Adoption, Modifications to the Bozeman Municipal Code Related
to Effective Public Parking Management and Enforcement Activities (Winn)
Consider the motion: I move to provisionally adopt Ordinance 2013, amending parking and enforcement
provisions of the Bozeman Municipal Code.
Item moved to December 3, 2018 agenda.
I. 10:54:48 PM (04:57:51) FYI/Discussion
There was no FYI.
J. 10:55:04 PM (04:58:07) Adjournment
Mayor Andrus adjourned the meeting at 10:55 PM.
34