HomeMy WebLinkAbout10-07-19 City Commission Packet Materials - MIN. September 2019 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 September 9,
September 16, and September 23, 2019, and User Access to Linked
Minutes MEETING DATE: October 7, 2019
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 minutes of September 9, 2019, please click here (minutes are located by clicking on the related documents tab above agenda).
To view the video and minutes of September 16, 2019, please click here (minutes are located by
clicking on the related documents tab above agenda).
To view the video and minutes of September 23, 2019, 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 regular City Commission minutes from September 9, September 16, and September 23, 2019 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 September 27, 2019
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, September 09, 2019
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 (00:04:49) 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. 06:00:02 PM (00:04:55) Pledge of Allegiance and a Moment of Silence
C. 06:00:48 PM (00:05:41) Changes to the Agenda
• CM Surratt pulled Consent Item 9, it will return on a future agenda.
D. 06:01:17 PM (00:06:10) FYI
• Cr. Cunningham noted upcoming meetings of the Affordable Housing Working Group.
E. 06:01:38 PM (00:06:31) Minutes
1. Approve the Regular Meeting Minutes from August 5, August 12, and August 19, 2019, and
User Access to Linked Minutes (Crough)
06:01:42 PM (00:06:35) Motion and Vote to approve the regular City Commission minutes from August
5, August 12, and August 19, 2019 as submitted. The motion passed 5-0.
Deputy Mayor - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
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Bozeman City Commission Meeting DRAFT MINUTES, September 9, 2019
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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
F. 06:01:58 PM (00:06:51) Commission Disclosures
• Cr. Cunningham discussed conversation regarding Action Item 2.
G. 06:02:24 PM (00:07:17) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Authorize the Mayor to Sign an Agreement with LumenAd, Inc. for a Big Sky Economic
Development Trust Fund Program Grant Award (Contract #MT-BSTF-1-19-24) (Fontenot)
3. Authorize the City Manager to Sign an Economic Development Administration (EDA) General
[Grant] Application for EDA Programs (ED-900) and Other Associated Documents Necessary
to Facilitate the EDA Grant Application, and Authorize the City Manager to Submit the
Application on behalf of the City of Bozeman (Fontenot)
4. Authorize the City Manager to Sign an Easement Agreement with Sacajawea Audubon Society
for the Front Street Trunk Sewer Main Project (Murray)
5. Authorize the City Manager to Sign Two (2) Sewer and Water Pipeline and Access Easement
and Agreements with Village Investment Group, Inc. and Delaney and Company, Inc. for the
Front Street Trunk Sewer Main Project (Murray)
6. Authorize the City Manager to Sign an Agreement for Infrastructure Improvements with Crow
River Management, LLC and Silver Creek Ventures, LLC for Improvements to North 25th
Avenue from Oak Street to Tschache Lane (Russell/Kohtz)
7. Authorize the City Manager to Sign Two (2) Temporary Agreements Covering Advance Right
of Entry and Occupancy and Pipeline License Numbers 602,227 and 602,229 with Montana
Rail Link, Inc. for Water and Sewer Mains Installed for the 2015 Montana Department of
Transportation Maintenance Facility (Murray)
8. Authorize the City Manager to Sign a Professional Services Agreement with Allied Engineering
Services, Inc. for Engineering Design Services for the Manley Road Improvements Project
(Gamradt)
9. Authorize the City Manager to Sign a Professional Services Agreement with DOWL, LLC to
Complete On-Call Planning, Engineering, and Construction Oversight Services for a Variety of
Stormwater Division Infrastructure Projects (Mehrens)
10. Authorize the City Manager to Sign a Professional Services Agreement with
Governmentjobs.com, Inc. dba NEOGOV for Insight Enterprise Edition Applicant Tracking
Software (Henderson)
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11. Authorize the City Manager to Sign Amendment Number 1 to the Sub-Recipient Agreement
with the Gallatin Development Corporation dba the Prospera Business Network for the City
of Bozeman’s Community Development Block Grant Revolving Loan Fund (Fontenot)
12. Authorize the City Manager to Sign Amendment Number 1 to the Professional Services
Agreement with HDR Engineering, Inc. for the Davis Lane Lift Station and Norton Sewer
Project (Murray)
13. Authorize the City Manager to Sign Amendment Number 2 to the Professional Services
Agreement with Land Solutions, LLC for Development Review Services (Saunders)
14. Authorize the City Manager to Sign Amendment Number 5 to the Professional Services
Agreement with Robert Peccia and Associates for the 5.3 Million Gallon (MG) Water Storage
Reservoir Project Adding the Construction Phase Services for the Sourdough Transmission
Main (Murray)
15. Resolution 5033, Billings Clinic Growth Policy Amendment Amending the Bozeman
Community Plan Future Land Use Map from Residential, Community Commercial Mixed-Use,
and Present Rural, to Regional Commercial and Services, Application 19113 (Rosenberg)
16. Resolution 5077, Creating the Bozeman Climate Team to Assist with the Development of the
Bozeman Climate Plan (Meyer/Henderson)
17. Resolution 5095, Authorizing the City Manager to Sign a Transfer of Property and Hold
Harmless and Indemnification Agreement with the State of Montana Judiciary to Transfer a
Decommissioned Unmarked Police Vehicle to Gallatin County Youth Court Services (2/3 Vote
Required) (Crawford)
06:02:29 PM (00:07:22) City Manager Overview
CM Surratt discussed the highlights of the consent agenda.
06:04:54 PM (00:09:47) Public Comment
There was no public comment.
06:05:12 PM (00:10:05) Motion and Vote to approve Consent Items 1-8, and 10-17 as submitted. 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
H. 06:05:32 PM (00:10:25) Public Comment
Mayor Andrus opened public comment.
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06:06:00 PM (00:10:53) Kathleen Reed, Public Comment
Ms. Reed discussed a traffic issue on Classical Way.
06:10:03 PM (00:14:56) Craig Dunham, Public Comment
Mr. Dunham, Headmaster of Petra Academy, discussed the Classical Way traffic issue.
06:13:12 PM (00:18:05) Elizabeth Stolman, Public Comment
Ms. Stolman discussed the difficulty of detours in Valley West, and the need for a left turn onto Classical
Way.
06:15:04 PM (00:19:57) Kris Stewart, Public Comment
Ms. Stewart discussed traffic stresses near Petra Academy, and Classical Way.
06:18:13 PM (00:23:06) Andy Rallis, Public Comment
Mr. Rallis encouraged the commission to also look at options for a Classical Way left turn.
06:19:46 PM (00:24:39) Ann Benz, Public Comment
Ms. Benz discussed Classical Way and Broken Fields traffic.
06:21:30 PM (00:26:23) Stephanie Penly, Public Comment
Ms. Penly is a Petra parent concerned about Classical Way traffic.
06:22:55 PM (00:27:48) Jim Stumbo, Public Comment
Mr. Stumbo is a Petra parent concerned about Classical Way traffic.
I. 06:25:44 PM (00:30:37) Action Items
1. 06:25:52 PM (00:30:45) Continue the Bozeman Medical Arts Zone Map Amendment, Located
at the Southwest Corner of North Willson Avenue and Villard Street, Application 19258, from
September 9, 2019 to September 16, 2019 (Saunders)
06:26:24 PM (00:31:17) Public Comment
There was no public comment.
06:26:39 PM (00:31:32) Motion and Vote to continue the Bozeman Medical Arts Zone Map
Amendment public hearing to September 16, 2019. The motion passed 5-0.
Commissioner - Jeff Krauss: Motion
Commissioner - Terry Cunningham: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
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Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
2. 06:26:58 PM (00:31:51) Bozeman Residence Inn Conditional Use Permit, Site Plan, and Special
Use Permit, Located at 815 East Main Street, Application 18499 (Quasi-Judicial) (Krueger)
06:27:53 PM (00:32:46) Staff Presentation
Development Review Manager Brian Krueger discussed the application, the property, vicinity, the civil
site plan, landscape, elevations, color perspective, height, floor plan, public notice, and informal DRB
approval.
06:40:34 PM (00:45:27) Questions of Staff
Cr. Cunningham asked about easements and the City’s interest. He asked about sight lines and the
increased height, and landscaping.
Mayor Andrus asked for the reason for the CUP tonight.
DM Mehl asked if the application was sufficient/adequate. He asked about the cash-in-lieu of water
rights condition. He asked if parking should be a condition. He asked about the scope of the SUP.
Cr. Pomeroy asked about the provided parking. She asked about the height increase.
06:53:09 PM (00:58:02) Applicant Presentation
Will Ralph, representing the Residence Inn, reviewed the staff report and agrees with all
recommendations and conditions of approval. He discussed the site plan, and a comparison to adjacent
property.
06:59:54 PM (01:04:47) Questions of Applicant
Cr. Cunningham asked if events will be held at the facility.
Cr. Pomeroy asked about underground parking.
Cr. Krauss asked if he thinks this is what East Main should look like.
Mayor Andrus asked about the west elevation and traffic.
Cr. Krauss asked about the alternative exit.
07:08:40 PM (01:13:33) Public Comment
There was no public comment.
07:09:03 PM (01:13:56) 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 18499 and move to approve the Conditional Use Permit to increase the maximum
height for the Residence Inn site plan subject to conditions and all applicable code provisions.
Commissioner - Terry Cunningham: Motion
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Deputy Mayor - Chris Mehl: 2nd
07:09:28 PM (01:14:21) Discussion
Cr. Cunningham expressed initial concerns, but he is now in favor.
DM Mehl supports the motion for a number of reasons.
Cr. Pomeroy supports the motion, since it complies with code.
Cr. Krauss spoke of other tall hotels downtown.
Mayor Andrus also supports the conditional use.
07:16:19 PM (01:21:12) 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 18499 and move to approve the Conditional Use Permit to increase the
maximum height for the Residence Inn site plan subject to conditions and all applicable code
provisions. The motion passed 5-0.
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: Approve
Commissioner - Terry Cunningham: Approve
07:16:33 PM (01:21:26) 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 18499 and move to approve the Residence Inn site plan application subject to
conditions and all applicable code provisions.
Commissioner - Terry Cunningham: Motion
Deputy Mayor - Chris Mehl: 2nd
07:16:56 PM (01:21:49) Discussion
Cr. Cunningham discussed the site plan criteria, and no issues with them.
DM Mehl and Cr. Pomeroy support the motion.
Cr. Krauss discussed turning onto Main.
Mayor Andrus also expressed concerns on the left hand turn.
07:22:33 PM (01:27:26) 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 18499 and move to approve the Residence Inn site plan application
subject to conditions and all applicable code provisions. The motion passed 5-0.
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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: Approve
Commissioner - Terry Cunningham: Approve
07:22:45 PM (01:27:38) 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 18499 and move to approve the Special Use Permit to allow the retail sales and on-
premises consumption of alcohol for the Residence Inn site plan subject to conditions and all
applicable code provisions.
Commissioner - Terry Cunningham: Motion
Deputy Mayor - Chris Mehl: 2nd
07:23:11 PM (01:28:04) Discussion
Cr. Cunningham noted that an SUP can be revoked.
DM Mehl agrees with the findings and staff report.
Cr. Pomeroy supports the motion.
Cr. Krauss stated a hotel here works.
Mayor Andrus also supports this, and this is a good location.
07:25:51 PM (01:30:44) 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 18499 and move to approve the Special Use Permit to allow the retail
sales and on-premises consumption of alcohol for the Residence Inn site plan subject to conditions and
all applicable code provisions. The motion passed 5-0.
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: Approve
Commissioner - Terry Cunningham: Approve
07:26:03 PM (01:30:56) Recess
Mayor Andrus called the meeting into recess until 7:35 PM.
07:34:46 PM (01:39:39) Call to Order
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Mayor Andrus called the meeting back to order at 7:34 PM.
3. 07:34:52 PM (01:39:45) Resolution 5090, Determining the Form and Details of the General
Obligation Bonds, Authorizing the Execution and Delivery, and Levying Taxes for the Payment
for the Bozeman Public Safety Center (Donald)
07:35:14 PM (01:40:07) Staff Presentation
Finance Director Kristin Donald discussed the City’s bond rating and attracting buyers, and contributing
factors to the sale. She discussed the citizen impact.
07:38:04 PM (01:42:57) Questions of Staff
DM Mehl asked about the home value and 3% growth in the community.
Cr. Pomeroy asked where this falls in the process.
Cr. Krauss asked about the inverted yield.
Cr. Cunningham asked about the bond principal. Assistant City Manager Chuck Winn discussed the
process for building the project. He asked about Moody’s resiliency plan requirement.
DM Mehl asked about the GC/CM for the project.
Cr. Krauss asked if we’re talking to realtors about Fire Station 1 now.
07:48:41 PM (01:53:34) Public Comment
There was no public comment.
07:48:59 PM (01:53:52) Motion to adopt Resolution 5090, Determining the Form and Details of the
General Obligation Bonds, Authorizing the Execution and Delivery, and Levying Taxes for the Payment
for the Bozeman Public Safety Center.
Deputy Mayor - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
07:49:17 PM (01:54:10) Discussion
DM Mehl discussed the importance of bonds.
Cr. Pomeroy and Cr. Krauss support the motion.
Cr. Cunningham noted this savings helps Bozeman’s citizens, and discussed the resiliency plan.
Mayor Andrus supports the motion and commended the savings.
07:52:59 PM (01:57:52) Vote on the Motion to adopt Resolution 5090, Determining the Form and
Details of the General Obligation Bonds, Authorizing the Execution and Delivery, and Levying Taxes for
the Payment for the Bozeman Public Safety Center. The motion passed 5-0.
Deputy Mayor - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 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. 07:53:12 PM (01:58:05) Resolution 5068, Establishing and Affixing the Number of Mills to be
Charged Against the Assessed Valuation of All Taxable Property Situated within the Corporate
Jurisdictional Boundaries of the City for Fiscal Year 2019-2020 (FY20) (Donald)
07:53:36 PM (01:58:29) Staff Presentation
Finance Director Donald discussed the approved budget, certified values, and max mill levy. She
discussed levy details, and staff’s recommendation. She discussed the fiscal effects of the
recommendation.
08:00:02 PM (02:04:55) Questions of Staff
Cr. Pomeroy asked about the increase calculation.
Cr. Krauss asked why staff isn’t recommending a 16% decrease in the mill levy rate.
Cr. Cunningham asked where this puts the City regarding Bogert Pavilion funding.
DM Mehl and Mayor Andrus asked for clarification on the levy.
Cr. Krauss asked about the typical house.
08:11:07 PM (02:16:00) Public Comment
There was no public comment.
08:11:36 PM (02:16:29) Motion to adopt Resolution 5068, Establishing and Affixing the Number of
Mills to be Charged Against the Assessed Valuation of All Taxable Property Situated within the
Corporate Jurisdictional Boundaries of the City for Fiscal Year 2019-2020 (FY20).
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
08:12:06 PM (02:16:59) Discussion
Cr. Pomeroy stated it’s reasonable to not increase the mill levy.
08:12:43 PM (02:17:36) Amendment to the Motion to adopt Resolution 5068, in Section 1, instead of
124.79, setting 123 mills, totaling 185.91, [Establishing and Affixing the Number of Mills to be Charged
Against the Assessed Valuation of All Taxable Property Situated within the Corporate Jurisdictional
Boundaries of the City for Fiscal Year 2019-2020 (FY20)].
Commissioner - I-Ho Pomeroy: Motion
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Commissioner - Jeff Krauss: 2nd
08:13:58 PM (02:18:51) Discussion
Cr. Pomeroy stated the City was initially too conservative.
Cr. Krauss supports the amendment.
Cr. Cunningham does not support the motion, and adjusting the mill levies to support the budget seems
appropriate.
DM Mehl will be voting against the amendment, as the city has been acting responsibly.
Mayor Andrus does not support the amendment, and recognized the importance of funding the Bogert
Pavilion repairs.
Cr. Pomeroy reiterated the need to save a little money.
08:28:36 PM (02:33:29) Vote on the Amendment to the Motion to adopt Resolution 5068, in Section 1,
instead of 124.79, setting 123 mills, totaling 185.91, [Establishing and Affixing the Number of Mills to
be Charged Against the Assessed Valuation of All Taxable Property Situated within the Corporate
Jurisdictional Boundaries of the City for Fiscal Year 2019-2020 (FY20)]. The amendment failed 2-3.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Cynthia Andrus: Disapprove
Deputy Mayor - Chris Mehl: Disapprove
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Disapprove
08:28:56 PM (02:33:49) Discussion
Cr. Pomeroy stated this will support the budget, but she will say no.
Cr. Krauss will not support the motion, as this isn’t the City finding an alternate way to fund the pavilion.
Cr. Cunningham discussed the importance of funding the pavilion repairs. He discussed the increase in
the minimum wage.
DM Mehl supports the motion and discussed previous budget commitments.
Mayor Andrus supports the motion.
Cr. Krauss discussed the message the wage increase sends to employees.
08:39:39 PM (02:44:32) Vote on the Motion to adopt Resolution 5068, Establishing and Affixing the
Number of Mills to be Charged Against the Assessed Valuation of All Taxable Property Situated within
the Corporate Jurisdictional Boundaries of the City for Fiscal Year 2019-2020 (FY20). The motion
passed 3-2.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
Mayor - Cynthia Andrus: Approve
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Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Disapprove
Commissioner - I-Ho Pomeroy: Disapprove
Commissioner - Terry Cunningham: Approve
5. 08:39:52 PM (02:44:45) Resolution 5069, Amending the City’s Annual Budget to Include Items
to be Funded in the General Fund with Fund Revenues and Unanticipated Revenue of
Previously Unbudgeted Revenue for Fiscal Year Ending June 30, 2020 (FY20) (Donald)
08:40:12 PM (02:45:05) Staff Presentation
Finance Director Donald stated this budget amendment allocates the funds for the prior discussion.
There has been no public comment.
08:41:14 PM (02:46:07) Questions of Staff
DM Mehl asked if this is needed if there are no amendments, and why is this dependent on the prior
item.
Cr. Krauss asked if anything could be discussed in this item.
08:45:57 PM (02:50:50) Public Comment
There was no public comment.
08:46:12 PM (02:51:05) Motion to adopt Resolution 5069, Amending the City’s Annual Budget for the
General Fund for the Fiscal Year Ending June 30, 2020, to incorporate the $224,507 resulting from the
increase in the levy just passed for $209,507 for the Bogert Pavilion, and $15,000 for the minimum
wage increase.
Commissioner - Jeff Krauss: Motion
Commissioner - Terry Cunningham: 2nd
08:47:11 PM (02:52:04) Discussion
Cr. Cunningham supports the motion.
DM Mehl discussed the need for clarity in cuts and additions.
08:47:59 PM (02:52:52) Vote on the Motion to adopt Resolution 5069, Amending the City’s Annual
Budget for the General Fund for the Fiscal Year Ending June 30, 2020, to incorporate the $224,507
resulting from the increase in the levy just passed for $209,507 for the Bogert Pavilion, and $15,000 for
the minimum wage increase. The motion passed 3-2.
Commissioner - Jeff Krauss: Motion
Commissioner - Terry Cunningham: 2nd
Mayor - Cynthia Andrus: Approve
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Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Disapprove
Commissioner - I-Ho Pomeroy: Disapprove
Commissioner - Terry Cunningham: Approve
6. 08:48:17 PM (02:53:10) Ordinance 2026 Provisional Adoption, Restricting Drought Reserve
Funds in the Water Fund (Donald)
08:48:29 PM (02:53:22) Staff Presentation
Finance Director Donald discussed the administrative need for this ordinance for the City’s financial
statement.
08:49:13 PM (02:54:06) Questions of Staff
Cr. Cunningham clarified that this will make this fund restricted.
DM Mehl asked if this is expected.
08:51:40 PM (02:56:33) Public Comment
There was no public comment.
08:51:51 PM (02:56:44) Motion to provisionally adopt Ordinance 2026, Restricting Drought Reserve
Funds in the Water Fund.
Commissioner - Terry Cunningham: Motion
Deputy Mayor - Chris Mehl: 2nd
08:52:02 PM (02:56:55) Discussion
Cr. Cunningham stated this is appropriate and supports the motion.
Mayor Andrus supports the motion as well.
08:52:35 PM (02:57:28) Vote on the Motion to provisionally adopt Ordinance 2026, Restricting
Drought Reserve Funds in the Water Fund. The motion passed 5-0.
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: Approve
Commissioner - Terry Cunningham: Approve
7. 08:52:46 PM (02:57:39) Resolution 5080, Amending the City’s Annual Budget for the Tourism
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Business Improvement District Fund Budget for the Fiscal Year Ending June 30, 2020 (FY20)
(Donald)
08:52:48 PM (02:57:41) Point of Order
DM Mehl asked if this is appropriate to do without the applicant is present.
Mayor Andrus noted that the applicant is planning on being present for the TBID dissolution item.
08:54:50 PM (02:59:43) Staff Presentation
Finance Director Donald discussed the future dissolution of the district and the reasons for the budget
amendment.
08:55:44 PM (03:00:37) Questions of Staff
Cr. Krauss asked about the future spending of this money.
DM Mehl asked about the spending of the money.
08:57:31 PM (03:02:24) Public Comment
There was no public comment.
08:57:51 PM (03:02:44) Motion to adopt Resolution 5080, Amending the City’s Annual Budget for the
Tourism Business Improvement District Fund Budget for the Fiscal Year Ending June 30, 2020.
Deputy Mayor - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
08:58:04 PM (03:02:57) Discussion
DM Mehl stated he is voting against this because the applicant is not here.
Cr. Pomeroy agrees with the Deputy Mayor.
Cr. Krauss is voting no.
Cr. Cunningham stated he would prefer to have this discussion with the applicant available, so he is
voting no.
CA Sullivan stated continuing would be easier. He also clarified the appropriation process.
The commission discussed continuing or moving to table.
CA Sullivan clarified that the public hearing has been conducted, and the vote can come back at a later
time.
09:07:41 PM (03:12:34) Motion and Vote to table until we consider the [TBID dissolution] agreement.
The motion passed 5-0.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Chris Mehl: 2nd
Mayor - Cynthia Andrus: Approve
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Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
8. 09:08:27 PM (03:13:20) Appointment to the Recreation and Parks Advisory Board (RPAB)
(Sweeney)
09:08:30 PM (03:13:23) Public Comment
There was no public comment.
09:08:38 PM (03:13:31) Motion and Vote to appoint Lucas Utsch to the [Recreation and Parks Advisory
Board, to the Secondary or Home-Schooled Student Position, with a term ending August 31, 2020]. 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
J. 09:09:02 PM (03:13:55) Other Public Hearing
1. 09:09:04 PM (03:13:57) Bozeman School District 7 Bozeman High School Van Winkle Stadium
Agency Exemption Hearing, Application 19302 (Krueger)
09:09:24 PM (03:14:17) Overview
Mayor Andrus noted the purpose of the hearing.
09:10:12 PM (03:15:05) Staff Presentation
Development Review Manager Brian Krueger discussed the exemption hearing process. He discussed
the LED electronic messaging sign requested by the school district for the high school. He noted the
noticing process and public comment received.
09:14:55 PM (03:19:48) Questions of Staff
Cr. Cunningham asked if this violates the sign code. He asked how MSU got a similar scoreboard.
DM Mehl asked about other non-conforming signs. He asked about the exemption hearing process.
Cr. Pomeroy asked if the sign code has different allowances.
Mayor Andrus asked why these signs are typically out of code.
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09:27:24 PM (03:32:17) Applicant Presentation
Jeff Lucien, principal of 45 Architecture, discussed the video board in more detail.
09:30:22 PM (03:35:15) Questions of Applicant
Cr. Cunningham asked about the existing video board.
DM Mehl asked if he thought the first exemption guarantees a second, and a number of other
questions.
Mayor Andrus asked when this will be used.
09:39:35 PM (03:44:28) Public Comment
There was no public comment.
09:39:51 PM (03:44:44) Discussion
DM Mehl discussed the relationship with the school district.
Cr. Pomeroy stated this is safe, fun, and brings in ad revenue.
Cr. Krauss discussed a few other distractions of the high school property.
Cr. Cunningham discussed good efforts by the school district.
Mayor Andrus stated the screen seems unnecessary.
K. 09:47:07 PM (03:52:00) FYI / Discussion
• DM Mehl stated it would be helpful to get a map of Cottonwood, mentioned in public
comment. He also asked for more information and input from the Commission on the
Climate Group set up this evening.
• Cr. Cunningham agrees with more information about Cottonwood.
• CM Surratt noted the Cottonwood dilemma is very new, and the City can adjust at this
moment. The Commission and Assistant City Manager Rosenberry discussed in a little more
detail.
L. 09:52:45 PM (03:57:38) Adjournment
Mayor Andrus adjourned the meeting at 9:52 PM.
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Page 1 of 14
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, September 16, 2019
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 (00:03:51) 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. 06:00:08 PM (00:04:03) Pledge of Allegiance and a Moment of Silence
C. 06:00:58 PM (00:04:53) Changes to the Agenda
There were no changes to the agenda.
D. 06:01:03 PM (00:04:58) FYI
• DM Mehl noted a Planning Board meeting tomorrow to discuss the Community Plan. The
Young Professionals Group will meet on Wednesday to discuss Sustainability.
• Cr. Cunningham noted he is speaking at the Chamber of Commerce on Wednesday.
E. 06:02:19 PM (00:06:14) Commission Disclosures
• Cr. Pomeroy stated she spoke to Cr. Cunningham regarding Action Item 7 today.
• DM Mehl answered process questions about zone map amendments.
F. 06:03:17 PM (00:07:12) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Authorize the Mayor to Sign the Parklands at Village Downtown Preliminary Plat Findings of
Fact and Order, Application 19135 (Quasi-Judicial) (Saunders)
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Bozeman City Commission Meeting DRAFT MINUTES, September 16, 2019
Page 2 of 14
3. Authorize the Mayor to Sign Amendment A to the Business Assistance Agreement and
Amendment A to the Management Plan with the Montana Department of Commerce for the
Big Sky Economic Development Trust Fund, Grant MT-BSTF-1-19-12 with MeatEater, Inc.
(Fontenot)
4. Authorize the City Manager to Sign a Notice of Award to M&T Underground, Inc. for the
Lamme Street Fiber Conduit, and Final Contract Documents Once Received (Fine)
5. Authorize the City Manager to Sign a Joint Funding Agreement with the United States
Geological Survey (USGS) for the Continued Operation of the Real-Time Streamflow Gaging
Station on the East Gallatin River (Heaston)
6. Authorize the City Manager to Sign an Infrastructure Design Purchase Agreement with Allied
Engineering Services, Inc. for Preliminary Design Work for the Manley Road Improvements
Project (Gamradt)
7. Authorize the City Manager to Sign a Professional Services Agreement with Clanton and
Associates for a Street Lighting Evaluation (Gamradt)
8. Authorize the City Manager to Sign a Professional Services Agreement with Greater Gallatin
Contractors, Inc. for Maintenance at Story Mill Community Park (Jadin)
9. Authorize the City Manager to Sign a Professional Services Master Task Order Agreement with
DOWL, LLC to Complete On-Call Planning, Engineering, and Construction Oversight Services
for a Variety of Stormwater Division Infrastructure Projects (Mehrens)
10. Authorize the City Manager to Sign Amendment Number 5 with Robert Peccia and Associates
for the Baxter Davis Intersection Improvements Project (Murray)
11. Authorize the City Manager to Sign Amendment Number 10 with Morrison-Maierle, Inc. for
the North 7th Avenue Lighting and Sidewalk Project (Fine)
12. Resolution 4999, Authorizing an Interfund Loan and City Warrants in Connection with Special
Improvement District (SID) Number 750 for Financing Costs for Local Improvements to North
Tracy Avenue (Donald)
13. Resolution 5044, Authorizing, Ratifying, and Confirming the Sale of Warrants in Connection
with Special Improvement District (SID) Number 745 for Local Improvements to West Oak
Street and North Ferguson Avenue (Donald)
14. Resolution 5093, Vacating a Decision to Create a Park and Trail Special District by Resolution
and Protest and Instead Request the City Manager Call for a Referendum on Creation to be
Held in 2020 (Overton)
15. Resolution 5094, Setting the Fair Market Value of Land per Square Foot for Calculating Cash-
in-lieu of Parkland Dedication (Jadin)
16. Resolution 5101, Authorizing the Mayor to Sign Change Order Number 1 with Knife River-
Belgrade for the Cottonwood Road from Babcock Street to Durston Road Project (Murray)
06:03:23 PM (00:07:18) City Manager Overview
CM Surratt presented the highlights of the consent agenda.
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Page 3 of 14
06:05:09 PM (00:09:04) Public Comment
There was no public comment.
06:05:24 PM (00:09:19) Motion and Vote to approve Consent Items 1-16 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. 06:05:41 PM (00:09:36) Public Comment
There was no public comment.
H. 06:06:50 PM (00:10:45) Action Items
1. 06:06:53 PM (00:10:48) Resolution 5089, Creation of Special Improvement Lighting District
(SILD) Number 755 for Norton East Ranch, Phase 4 (Donald)
06:07:20 PM (00:11:15) Staff Presentation
Finance Director presented the proposed lighting district, including fixtures to be installed, a map of the
district, and average assessments.
06:08:38 PM (00:12:33) Public Comment
There was no public comment.
06:09:00 PM (00:12:55) Motion to adopt Resolution 5089, Creation of Special Improvement Lighting
District Number 755 for Norton East Ranch, Phase 4.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Terry Cunningham: 2nd
06:09:10 PM (00:13:05) Discussion
DM Mehl discussed support.
Cr. Cunningham discussed support of lighting districts in general.
Cr. Pomeroy stated this is a requirement of final plat approval.
Cr. Krauss supports the district, but not the lumineers.
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Page 4 of 14
06:11:06 PM (00:15:01) Vote on the Motion to adopt Resolution 5089, Creation of Special
Improvement Lighting District Number 755 for Norton East Ranch, Phase 4. The motion passed 4-1.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Terry Cunningham: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Disapprove
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
2. 06:11:17 PM (00:15:12) Billings Clinic Zone Map Amendment Requesting an Amendment of
the City Zoning Map for a Portion of an Existing Lot Consisting of Approximately 16.80 Acres,
or 731,808 Square Feet, from R-O, Residential Office, to B-2, Community Commercial,
Application 19265 (Rosenberg)
06:11:47 PM (00:15:42) Staff Presentation
Associate Planner Sarah Rosenberg presented the Billings Clinic zone map amendment, discussing the
location, zoning designation, criteria of evaluation, no public comment, and Zoning Commission and
staff recommendation of approval.
06:15:32 PM (00:19:27) Questions of Staff
Cr. Cunningham asked about the land boundary and parcels.
Cr. Krauss asked if this zoning is still appropriate if the clinic didn’t come through.
DM Mehl asked about the growth policy amendment Ms. Rosenberg referred to.
06:20:18 PM (00:24:13) Applicant Presentation
Mitch Goplen, Vice President of Facilities at the Billings Clinic, discussed phase 1 of the campus and
campus design. Lauren Waterton with Sanderson Stewart discussed compliance with the Growth Policy,
the current and proposed zoning designation, and zone map amendment criteria.
06:24:31 PM (00:28:26) Questions of Applicant
Cr. Cunningham asked about the regional commercial designation.
DM Mehl asked if the applicant agrees with the staff report.
Mayor Andrus asked why it’s important for all phases to be the same zoning.
06:27:18 PM (00:31:13) Public Comment
There was no public comment.
06:27:34 PM (00:31:29) 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
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Bozeman City Commission Meeting DRAFT MINUTES, September 16, 2019
Page 5 of 14
staff report for application 19265 and move to adopt the findings presented in the staff report and to
approve the Billings Clinic zone map amendment, with contingencies required to complete the
application processing.
Commissioner - Terry Cunningham: Motion
Commissioner - I-Ho Pomeroy: 2nd
06:28:01 PM (00:31:56) Discussion
Cr. Cunningham stated this is reasonable and adopted the findings.
Cr. Pomeroy discussed consistency and supports the motion.
Cr. Krauss stated that consistency and intentions of owner are not criteria for consideration, and that
they are not considering a project.
DM Mehl supports the motion, discussing location and appropriate zoning.
Mayor Andrus supports the motion, as the zoning is appropriate.
06:34:14 PM (00:38:09) 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 19265 and move to adopt the findings presented in the
staff report and to approve the Billings Clinic zone map amendment, with contingencies required to
complete the application processing. 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
3. 06:34:24 PM (00:38:19) Keck Minor Subdivision Preliminary Plat, a Proposed Three Lot
Residential Subdivision on 0.491 Acres, Located at 307 West Villard Street, 403 and 411 North
3rd Avenue, Application 18399 (Quasi-Judicial) (Saunders)
06:34:52 PM (00:38:47) Staff Presentation
Community Development Manager Chris Saunders discussed the subdivisions location, parcels,
subdivision layout, criteria and findings, no public comment, and recommendation of the DRC.
06:36:43 PM (00:40:38) Questions of Staff
Cr. Pomeroy asked why this is being requested now since it’s already developed.
DM Mehl asked if this meets the standards for approval.
Cr. Cunningham asked if there were other waivers and conditions than what was presented tonight.
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Bozeman City Commission Meeting DRAFT MINUTES, September 16, 2019
Page 6 of 14
Mayor Andrus asked if the condo association has any bearing on this decision.
06:40:48 PM (00:44:43) Applicant Presentation
Brett Megaard, with Hyalite Engineers, stated he agrees with Mr. Saunders’ presentation. He explained
the intent and waivers in more detail.
06:42:12 PM (00:46:07) Questions of Applicant
DM Mehl asked if the applicant has read and agreed with the staff report and conditions.
06:42:28 PM (00:46:23) Public Comment
Mayor Andrus opened public comment.
06:42:36 PM (00:46:31) Brian Gallick, Public Comment
Mr. Gallick supports the application, as it preserves the neighborhood character.
06:43:15 PM (00:47:10) Kyle Conrad, Public Comment
Mr. Conrad asked how people learn about projects like this in advance of a hearing.
06:43:58 PM (00:47:53) 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 18399 and move to approve the Keck Minor Subdivision with conditions and subject to
all applicable code provisions.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Jeff Krauss: 2nd
06:44:26 PM (00:48:21) Discussion
Cr. Pomeroy supports the motion.
Cr. Krauss stated the subdivision is compliant with law and it’s appropriate for the neighborhood.
DM Mehl supports the motion. He’d like to see the waivers in the staff report in the future. He discussed
noticing and available information on the website.
Cr. Cunningham discussed the process and support of the motion.
Mayor Andrus supports the motion.
06:48:49 PM (00:52:44) 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 18399 and move to approve the Keck Minor Subdivision 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
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Bozeman City Commission Meeting DRAFT MINUTES, September 16, 2019
Page 7 of 14
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
4. 06:49:00 PM (00:52:55) Bozeman Medical Arts Center Parking Lot Zone Map Amendment to
Change the Zoning Map from R-4 to B-3 on 0.70 Acres, Located at the Southwest Corner of
the Intersection of North Willson Avenue and East Villard Street and Applies to Lots 1–6, Block
4 of Beall’s Third Addition to the City of Bozeman, Together with a Strip of Land 8.5 Feet in
Width Lying East of and Adjoining Said Lots 1-6 and Half of the Streets and Alley Adjacent to
the Lots, Located in the Northwest Quarter of Section 7, Township 2 South, Range 6 East, City
of Bozeman, Gallatin County, Montana, Application 19258 (Saunders)
06:49:51 PM (00:53:46) Staff Presentation
Community Development Manager Chris Saunders discussed the zone map amendment and scope of
tonight’s hearing. He discussed the history of the site, the zoning chart, excerpts from the “Community
Core” category in the Growth Policy, the zoning criteria of evaluation, the public comment received,
DRC’s finding of no restrictions, and the Zoning Commission’s recommendation. He noted the protest
threshold has been met, and a 2/3 vote will be required tonight.
07:03:20 PM (01:07:15) Questions of Staff
Cr. Krauss asked if a 4-1 vote is required tonight, and asked in detail about the zone change process and
the Growth Policy.
DM Mehl asked about transitions, parking, spot zoning, the Downtown Plan, and analysis consideration
questions in great detail.
Cr. Cunningham asked about the downtown delineation and changes in detail.
Mayor Andrus asked about the Growth Policy / zoning discrepancy.
Cr. Pomeroy asked about the parking and use.
Cr. Krauss asked about historical zoning changes.
DM Mehl asked about the 2009 Growth Policy update.
Mayor Andrus asked about the purpose of zoning.
07:41:33 PM (01:45:28) Applicant Presentation
Ben Lloyd, principal at CommaQ, discussed the “why now.” Brad Behlar, property owner, asked for the
Commission’s support to fix the discrepancy and ambiguity of the zoning. Alan McCormick, attorney of
the applicant, discussed the importance of following/fixing the Growth Policy.
07:46:46 PM (01:50:41) Questions of Applicant
DM Mehl asked if they’ve seen and agree with the staff report.
Cr. Cunningham asked if tonight’s issue is bringing into conformance zoning and the Growth Policy.
Cr. Pomeroy asked if this will remain a parking lot.
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Bozeman City Commission Meeting DRAFT MINUTES, September 16, 2019
Page 8 of 14
07:48:37 PM (01:52:32) Public Comment
Mayor Andrus opened public comment.
07:49:18 PM (01:53:13) Holly Fretwell, Public Comment
Ms. Fretwell discussed opposition to the zone map amendment.
07:52:15 PM (01:56:10) Suzanne Held, Public Comment
Ms. Held asked the Commission to vote no on the zone map amendment.
07:53:55 PM (01:57:50) Scott Lorish, Public Comment
Mr. Lorish discussed reasons to support the Zone Map Amendment in the context of an updating
Growth Plan.
07:57:08 PM (02:01:03) Jane Jelinski, Public Comment
Ms. Jelinski stated there needs to be more residential downtown, not commercial downtown.
07:58:39 PM (02:02:34) Mike Herring, Public Comment
Mr. Herring discussed opposition and the neighborhood character.
07:59:54 PM (02:03:49) Karen Filipowicz, Public Comment
Ms. Filipowicz discussed the importance of neighborhood character.
08:02:45 PM (02:06:40) Brian Gallick, Public Comment
Mr. Gallick stated this is development encroaching on neighborhoods. He noted the Growth Policy is not
a regulatory document.
08:06:05 PM (02:10:00) David Loseph, Public Comment
Mr. Loseph discussed parking issues and planning in the area.
08:09:30 PM (02:13:25) Clarifications of Staff
Mr. Saunders discussed uses in the R-4 zone.
08:10:08 PM (02:14:03) Questions of Staff
Cr. Krauss asked if the property has a conditional use permit for medical use in R-4.
Mayor Andrus asked if a 70 foot building could be built here, and new uses that could happen here. She
asked about timelines for the Growth Policy adoption.
08:16:16 PM (02:20:11) Motion that having reviewed and considered the staff report, application
materials, public comment, Zoning Commission recommendation and all information presented, I
hereby adopt the findings presented in the staff report for application 19258 and move to approve the
Bozeman Medical Arts Center Parking Lot Zone Map Amendment, with contingencies required to
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Bozeman City Commission Meeting DRAFT MINUTES, September 16, 2019
Page 9 of 14
complete the application processing.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Chris Mehl: 2nd
08:16:51 PM (02:20:46) Discussion
Cr. Krauss discussed his potential support in detail.
Mayor Andrus stated the applicant’s request is clear, and is considering the public’s concern. She stated
it may be appropriate to delay.
DM Mehl stated the city is growing, and something will be built on this property. He supports the
motion, and discussed ZMA criteria.
Cr. Cunningham discussed the 2009 Growth Policy and appropriateness of this ZMA.
Cr. Pomeroy stated that keeping this R-4 is more appropriate.
CA Sullivan discussed the concept of delaying the decision regarding the Growth Policy update.
Cr. Krauss discussed the current and expected use, and the importance of following adopted policies.
DM Mehl discussed consistency.
Cr. Cunningham discussed the Growth Policy guiding zoning.
Mayor Andrus also cannot find a criteria to say no to.
Cr. Pomeroy also will support the motion.
09:00:41 PM (03:04:36) Vote on the Motion that having reviewed and considered the staff report,
application materials, public comment, Zoning Commission recommendation and all information
presented, I hereby adopt the findings presented in the staff report for application 19258 and move to
approve the Bozeman Medical Arts Center Parking Lot 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
09:00:54 PM (03:04:49) Recess
Mayor Andrus called a recess until 9:10 PM.
09:09:55 PM (03:13:50) Call to Order
Mayor Andrus called the meeting back to order at 9:10 PM.
5. 09:10:03 PM (03:13:58) Resolution 4894, Special Assessment Levy for Special Improvement
District (SID) Number 745 for Local Improvements to West Oak Street and North Ferguson
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Page 10 of 14
Avenue (Donald)
09:10:26 PM (03:14:21) Staff Presentation
Finance Director discussed the creation of the district, and the purpose of the levy. She discussed fiscal
impacts, public notice, and one public comment received.
09:11:33 PM (03:15:28) Questions of Staff
Cr. Cunningham asked if this is simply assessing the SID that has already been created.
Cr. Krauss asked what improvements this levy is for. CM Surratt and CA Sullivan added some history and
context.
Mayor Andrus asked if this follows our normal process.
09:18:05 PM (03:22:00) Public Comment
There was no public comment.
09:18:22 PM (03:22:17) Motion to adopt Resolution 4894, Special Assessment Levy for Special
Improvement District (SID) Number 745 for Local Improvements to West Oak Street and North
Ferguson Avenue.
Deputy Mayor - Chris Mehl: Motion
Commissioner - Terry Cunningham: 2nd
09:18:40 PM (03:22:35) Discussion
DM Mehl agrees with the staff memo, resolution, and findings the City has made. He noted comment
from the property owner was received. He discussed the history of the SID.
Cr. Cunningham incorporated his findings during the creation hearing.
Cr. Pomeroy supports the motion.
Cr. Krauss discussed this being fair and reasonable. He discussed the relationship with the County in
great detail.
Mayor Andrus supports the motion.
09:40:05 PM (03:44:00) Vote on the Motion to adopt Resolution 4894, Special Assessment Levy for
Special Improvement District (SID) Number 745 for Local Improvements to West Oak Street and North
Ferguson Avenue. The motion passed 4-1.
Deputy Mayor - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Disapprove
Commissioner - I-Ho Pomeroy: Approve
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Commissioner - Terry Cunningham: Approve
6. 09:40:19 PM (03:44:14) Resolution 4985, Special Assessment Levy for Special Improvement
District (SID) Number 750 for Local Improvements to North Tracy Avenue (Donald)
09:40:37 PM (03:44:32) Staff Presentation
Finance Director Kristin Donald discussed the fiscal impacts, public notice, and no public comment has
been received.
09:41:37 PM (03:45:32) Questions of Staff
Cr. Cunningham asked about the cost of the project.
Cr. Pomeroy asked about the assessment process and costs.
09:43:42 PM (03:47:37) Public Comment
There was no public comment.
09:43:57 PM (03:47:52) Motion to adopt Resolution 4985, Special Assessment Levy for Special
Improvement District (SID) Number 750 for Local Improvements to North Tracy Avenue.
Commissioner - Terry Cunningham: Motion
Commissioner - I-Ho Pomeroy: 2nd
09:44:10 PM (03:48:05) Discussion
Cr. Cunningham discussed the history and process of the SID.
Cr. Pomeroy supports the motion.
DM Mehl supports the motion.
09:46:38 PM (03:50:33) Vote on the Motion to adopt Resolution 4985, Special Assessment Levy for
Special Improvement District (SID) Number 750 for Local Improvements to North Tracy Avenue. 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
7. 09:46:51 PM (03:50:46) Appeal of the Administrative Project Decision for the Aviator Building
Site Plan, Application 19004 (Quasi-Judicial) (Rosenberg)
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Page 12 of 14
09:47:12 PM (03:51:07) Staff Presentation
Associate Planner Sarah Rosenberg discussed the history of the appeal, the vicinity map, the site plan,
the appeal application, and the appeal requirements, history, and process. She discussed regional
appropriateness. She discussed mass and scale. She discussed public notice and public comment
received.
10:00:10 PM (04:04:05) Meeting Extended
Mayor Andrus extended the meeting until 10:30 PM.
10:00:15 PM (04:04:10) Questions of Staff
Cr. Pomeroy asked if it was going to be a real or fake helicopter, and other buildings in the area and this
buildings design.
DM Mehl asked about the original application. He asked in detail about the process.
Cr. Cunningham asked about the architecture in detail.
Mayor Andrus asked about the PUD’s design standards. Development Review Manager Brian Krueger
answered in some detail.
10:29:23 PM (04:33:18) Meeting Extended
Mayor Andrus extended the meeting to 11:00 PM.
10:29:35 PM (04:33:30) Applicant Presentation
Eartha Lund, the attorney representing the Mitchell Development Group, asked the Commission to
overturn the Community Development Director’s decision. Matt Faure, with Faure Halvorson Architects,
represents the Mitchell Group, discussed how the building meets the code.
10:40:38 PM (04:44:33) Questions of Applicant
Cr. Cunningham asked why they didn’t return to the DRB with changes.
Cr. Pomeroy asked for the purpose of the futuristic appearance.
DM Mehl asked why the design cannot change. He asked about the public comment received.
Mayor Andrus asked for clarification about the denial/public comment.
CA Sullivan asked the staff to confirm a number of elements in the process. Ms. Rosenberg and Mr.
Krueger responded.
10:52:39 PM (04:56:34) Public Comment
Mayor Andrus opened public comment.
10:52:56 PM (04:56:51) Charles Saatjian, Public Comment
Mr. Saatjian has a similar nearby building, and their unique look has brought people in.
10:55:14 PM (04:59:09) Ken Saatjian, Public Comment
Mr. Saatjian, building owner in the area, spoke of the value of importance of unique buildings in the
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Page 13 of 14
area.
10:57:11 PM (05:01:06) Patsy Saatjian, Public Comment
Ms. Saatjian spoke in favor of the Aviator Building.
10:58:44 PM (05:02:39) Meeting Extended
Mayor Andrus extended the meeting to 11:10 PM.
10:58:54 PM (05:02:49) Motion to overturn the administrative project decision for Site Plan
Application 19004, based upon the finding that the final administrative decision was erroneous. The
motion failed due to lack of a second.
Commissioner - I-Ho Pomeroy: Motion
10:59:29 PM (05:03:24) Motion to uphold the administrative project decision for Site Plan Application
19004.
Commissioner - Jeff Krauss: Motion
Deputy Mayor - Chris Mehl: 2nd
10:59:40 PM (05:03:35) Discussion
Cr. Krauss stated it’s not out of scale, but he’s unable to make findings about design in support.
DM Mehl stated he agrees with the Community Development Director regarding pedestrian access and
mass and scale at that location.
Cr. Cunningham discussed excessive design and design requirements, and could also not find findings to
vote against the Director’s decision.
Cr. Pomeroy stated this building fits the area.
Mayor Andrus supports the Director’s decision, as it doesn’t relate to the surrounding buildings.
11:09:39 PM (05:13:34) Vote on the Motion to uphold the administrative project decision for Site Plan
Application 19004. The motion passed 4-1.
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: Disapprove
Commissioner - Terry Cunningham: Approve
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I. 11:09:57 PM (05:13:52) FYI / Discussion
There was no additional FYI.
J. 11:10:07 PM (05:14:02) Adjournment
Mayor Andrus adjourned the meeting at 11:10 PM.
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Page 1 of 13
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, September 23, 2019
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, Deputy
City Clerk Brenda Sweeney
A. 06:00:06 PM (00:01:59) 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. 06:00:22 PM (00:02:15) Pledge of Allegiance and a Moment of Silence
C. 06:01:16 PM (00:03:10) Changes to the Agenda
There were no changes to the agenda.
D. 06:01:24 PM (00:03:18) Authorize Absence – Commissioner Jeff Krauss
06:01:27 PM (00:03:21) 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. 06:01:42 PM (00:03:36) FYI
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Page 2 of 13
• Mayor Andrus introduced and acknowledged Jerry Surratt, CM Surratt’s father.
• CM Surratt introduced a new section of FYI, which is new employee introductions.
1. 06:02:46 PM (00:04:40) New Employee Introductions
HR Director James Henderson outlined the new employee orientation program. He
introduced new employees hired since July 1, 2019.
• DM Mehl noted the upcoming meeting with ASMSU and would like to talk about environmental
and conservation focused things.
F. 06:06:56 PM (00:08:50) Commission Disclosures
• DM Mehl noted that for Action Item 6, he lives two blocks from the residence but does not
know the applicant.
• Cr. Cunningham noted that he is part of the list of residences getting their lighting district
approved.
G. 06:08:44 PM (00:10:38) Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Accept the Midtown Urban Renewal District Fiscal Year 2019 Annual Report (Fine)
3. Authorize the City Manager to Sign a Professional Services Agreement with Core Control for
Maintenance and Repairs Services for Boilers Located in City Facilities (Gray)
4. Authorize the City Manager to Sign the First Addendum to the Professional Services
Agreement with All Valley Landscape Services, LLC for Snow Removal Services for the
Bozeman Public Library (Gray)
5. Authorize the City Manager to Sign the First Addendum to the Professional Services
Agreement with Granite Peak Hardscape and Landscape for Snow Removal Services at City
Facilities (Gray)
6. Resolution 5096, Intent to Create Special Improvement Lighting District (SILD) Number 756
for Lot 11, Phase 1 of the Gallatin Center Planned Unit Development (PUD), Phase 4 (Donald)
7. Resolution 5100, Establishing a Procedure for Disposition of Unclaimed Tangible Property
That Comes into the Possession of the Bozeman Police Department (Klumb/Hirsch)
8. Ordinance 2026 Final Adoption, Restricting Drought Reserve Funds in the Water Fund
(Donald)
06:08:49 PM (00:10:43) City Manager Overview
CM Surratt noted the highlights of the consent agenda.
06:10:07 PM (00:12:01) Public Comment
There was no public comment.
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06:10:17 PM (00:12:11) Motion and Vote to approve Consent Items 1-8 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
H. 06:10:35 PM (00:12:29) Consent II: Items Acted Upon Without Prior Unanimous Vote
1. Resolution 5059, Completion of the Bridger View Redevelopment Growth Policy Amendment
to Amend Figure 3-1, the Future Land Use Map, from Community Commercial Mixed Use (4.56
Acres) and Residential (3.46 Acres) to Residential Emphasis Mixed Use on 8.025 Acres,
Located on the Southwest Corner of Bridger Drive and Story Mill Road, Application 19104
(Rogers)
2. Ordinance 2024 Provisional Adoption, the Bridger View Redevelopment Zone Map
Amendment to Rezone Approximately 8.025 acres from B-1 (Neighborhood Business), R-2
(Residential Single Household, Low Density), and R-4 (Residential High Density) to R-3
(Medium Density Residential District), Application 19105 (Rogers)
06:10:39 PM (00:12:33) City Manager Overview
CM Surratt noted the highlights of the Consent II agenda items.
06:11:36 PM (00:13:30) Public Comment
There was no public comment.
06:11:45 PM (00:13:39) Motion and Vote to approve Consent II Items 1 and 2 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
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I. 06:12:09 PM (00:14:03) Public Comment
There was no public comment.
J. 06:12:54 PM (00:14:48) Special Presentation
1. 06:12:56 PM (00:14:50) Update on the Triangle Planning Area, Including Possible Interlocal
Agreement, Regarding Development Standards with Gallatin County (Saunders)
06:13:08 PM (00:15:02) Presentation
Community Development Manager Chris Saunders presented the update and commented this is an
ongoing effort between the City of Bozeman, Belgrade and Gallatin County created through an interlocal
agreement. He talked about the Planning Coordinating Committee forum designed to share information
on planning issues of mutual interest. He talked about the annexation and development standards of
unannexed areas within the City’s planning area.
06:18:50 PM (00:20:44) Questions
Cr. Cunningham asked how we inform the other entities of our growth plan and how they inform us of
theirs. He asked about connectivity and if this is one of the discussions in this forum. He talked about the
strategic plan’s reference to working with partner organizations.
Cr. Pomeroy asked whether the committee is talking about quality of water, sewer system, sidewalk,
bike lanes, and general infrastructure.
DM Mehl talked about the potential between the city and county for the donut annexation. He asked
for a time frame to get it going. He talked about the upcoming Planning Coordinating Committee
meeting October 22 at the County Court house as well as a policy outreach meeting.
Mayor Andrus asked about the Memorandum of Understanding with regard to data and whether it
would help determine the timeline after it is signed. She asked how the work of this committee will be
used after we become a Metropolitan Planning Organization (MPO).
DM Mehl pointed out Marty Matsen was one of the first people to be heard from on the Planning
Coordinating Committee and asked if he is familiar with this based on his experience.
K. 06:35:33 PM (00:37:27) Action Items
1. 06:35:37 PM (00:37:31) Resolution 5070, Approving the Annual Assessment for the Business
Improvement District (BID) for Fiscal Year 2020 (Donald)
06:35:49 PM (00:37:43) Staff Presentation
Finance Director Kristin Donald presented Resolution 5070 and outlined the annual assessment rate. She
pointed out the work plan was presented during the budget process.
06:36:27 PM (00:38:21) Questions of Staff
Cr. Cunningham paraphrased what he believes the process is.
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Bozeman City Commission Meeting DRAFT MINUTES, September 23, 2019
Page 5 of 13
DM Mehl asked for confirmation that it’s a flat amount to be used for what was presented in June.
Cr. Pomeroy noted she does not see her name in the district assessments.
06:38:17 PM (00:40:11) Public Comment
There was no public comment.
06:38:26 PM (00:40:20) Motion to adopt Resolution 5070, Approving the Annual Assessment for the
Business Improvement District (BID) for Fiscal Year 2020.
Commissioner - Terry Cunningham: Motion
Deputy Mayor - Chris Mehl: 2nd
06:38:41 PM (00:40:35) Discussion
Cr. Cunningham commented we are assessing $126,000 across the Business Improvement District in a
reasonable manner.
DM Mehl agrees.
06:39:07 PM (00:41:01) Vote on the Motion to adopt Resolution 5070, Approving the Annual
Assessment for the Business Improvement District (BID) for Fiscal Year 2020. 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
2. 06:39:16 PM (00:41:10) Resolution 5071, Approving the Annual Assessment for the Tourism
Business Improvement District (TBID) for Fiscal Year 2020 (Donald)
06:39:28 PM (00:41:22) Staff Presentation
Finance Director Kristin Donald presented Resolution 5071 and pointed out the rate was built based on
total rooms occupied per night. She stated this work plan was presented during the budget process.
06:39:59 PM (00:41:53) Questions of Staff
DM Mehl confirmed today is billing what’s happened roughly in the last year. He asked about the
appropriations.
Cr. Pomeroy asked about occupied beds versus total beds for overnight stays.
06:41:15 PM (00:43:09) Public Comment
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Page 6 of 13
There was no public comment.
06:41:27 PM (00:43:21) Motion to adopt Resolution 5071, the Annual Assessment for the Tourism
Business Improvement District (TBID) for Fiscal Year 2020.
Deputy Mayor - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
06:41:47 PM (00:43:41) Discussion
DM Mehl stated while this is an assessment for 2020, it is planning from the previous year. He talked
about mutual tourism business opportunities with the Tourism Business Improvement District (TBID)
and would like to talk about those sooner than later.
Cr. Pomeroy stated this is good for the local economy and tourism.
Cr. Cunningham supports a conversation about how we can work together to leverage dollars invested.
Mayor Andrus echoed a previous comment and looks forward to future activity with the Tourism
Business Improvement District (TBID) and use dollars for needs in our community.
06:45:04 PM (00:46:58) Vote on the Motion to adopt Resolution 5071, the Annual Assessment for the
Tourism Business Improvement District (TBID) for Fiscal Year 2020. 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
3. 06:45:17 PM (00:47:11) Resolution 5072, Approving the Annual Lighting Assessments for
Fiscal Year 2020 (Donald)
06:45:28 PM (00:47:22) Staff Presentation
Finance Director Kristin Donald presented Resolution 5072, which is for 73 active SILDs and is the
proportionate share of their districts costs.
06:45:57 PM (00:47:51) Questions of Staff
DM Mehl asked staff to describe the routineness of this assessment.
06:46:38 PM (00:48:32) Public Comment
There was no public comment.
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06:46:50 PM (00:48:44) Motion to adopt Resolution 5072, Approving the Annual Lighting Assessments
for Fiscal Year 2020.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Terry Cunningham: 2nd
06:47:07 PM (00:49:01) Discussion
Cr. Pomeroy stated it is a basic utility required by law to pay, so she will support the motion.
Cr. Cunningham will also support the motion.
06:47:25 PM (00:49:19) Vote on the Motion to adopt Resolution 5072, Approving the Annual Lighting
Assessments for Fiscal Year 2020. 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
4. 06:47:39 PM (00:49:33) Gran Cielo Subdivision Preliminary Plat Amendment, a Preliminary
Plat Application for a Proposed 48.754 Acre Major Subdivision to Create 124 Residential
Lots, Three (3) Open Space Lots, One (1) Park and the Associated Right-of-Way; Application
19219 (Quasi-Judicial) (Garber)
06:48:31 PM (00:50:25) Staff Presentation
Community Development Manager Chris Saunders presented the application, which is to modify the
original approval of the subdivision. He explained the change is to remove one parcel as a park and
convert it to residential use. He talked about the valuation of the parkland.
06:54:26 PM (00:56:20) Questions of Staff
Cr. Cunningham asked about a potential existing easement agreement that may impact any agreement
with the neighbor. He asked about the valuation.
DM Mehl pointed out the original application was approved a year ago and the difference between the
amendment. He asked if this meets city code for adding value to the park. He asked about how well
parked this region is.
Cr. Pomeroy asked about the cash-in-lieu calculation.
Mayor Andrus asked if we know what the improvements will be.
07:04:03 PM (01:05:57) Applicant Presentation
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Page 8 of 13
Chris Budeski, Madison Engineering, presented the details of the application. He talked about the
enhancements to the park. He talked about the parcel being a high density R-4, and open space is
required. He pointed out staff is very sensitive to the open space area and proposes to create an inner
core park for all of the developments. He talked about acceptance of the conditions of approval.
07:09:27 PM (01:11:21) Questions of Applicant
Cr. Cunningham talked about the required open space areas and asked if there is a way to quantify the
size of open space provided if he were to meet code.
DM Mehl asked if the applicant has read the staff report and has any concerns or questions. He asked
how many units he expects to have as part of the subdivision amendment.
Cr. Pomeroy asked if the units are all rentals.
Mayor Andrus asked what thought has been given to recreational activities for older adults and asked
for examples.
DM Mehl asked if the builder is willing to guarantee those improvements and how we close that gap.
07:19:51 PM (01:21:45) Public Comment
There was no public comment.
07:20:07 PM (01:22:01) Staff Clarification
Community Development Manager Chris Saunders talked about two parts to the question of completing
development, which are construction standards and aspirational elements developed over time. He
talked about the commission imposing a condition of approval.
07:21:50 PM (01:23:44) Questions of Staff
CA Sullivan asked Mr. Saunders about the park plan approved as part of the original preliminary plat and
whether the park plan will need to be amended with the additional improvements. He asked whether
the timing can financially guarantee, through an improvements agreement, that those are done.
DM Mehl asked about the R-4 open space requirements.
07:26:33 PM (01:28:27) Motion that having reviewed and considered the application materials, public
comment, Planning Board recommendation, and all the information presented, I hereby adopt the
findings presented in the staff report for Application 19219 and move to approve the Gran Cielo
Subdivision preliminary plat amendment with conditions and subject to all applicable code provisions.
Commissioner - Terry Cunningham: Motion
Deputy Mayor - Chris Mehl: 2nd
07:27:00 PM (01:28:54) Discussion
Cr. Cunningham supports the findings in the staff report, along with the applicable subdivision review
criteria which have been met. He commented on the issue of in-lieu of park improvements.
DM Mehl agrees the staff analysis is thorough. He believes the project follows the city guidelines. He
talked about the state restrictions of how we assess for cash-in-lieu.
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Page 9 of 13
Cr. Pomeroy agrees with staff findings and that more housing in the southwest is needed. She will
support the motion.
Mayor Andrus agrees with the findings and analysis of the staff. She asked the applicant to think about
improvements for older community members.
07:33:32 PM (01:35:26) Vote on the Motion that having reviewed and considered the application
materials, public comment, Planning Board recommendation, and all the information presented, I
hereby adopt the findings presented in the staff report for Application 19219 and move to approve the
Gran Cielo Subdivision preliminary plat amendment with conditions and subject to all applicable code
provisions. 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
07:33:41 PM (01:35:35) Recess
Mayor Andrus called the meeting into recess until 7:45 PM.
07:45:33 PM (01:47:27) Call to Order
Mayor Andrus called the meeting back to order.
5. 07:45:41 PM (01:47:35) Floweree Family LLC Zone Map Amendment, an Amendment of the
City Zoning Map from Business Park District (BP) to B-2 Community Business District on
18.24 Acres and Adjacent Highway Right-of-Way, Located Along the North Side of Huffine
Lane (MT Highway 191) and the South Side of Fallon Street, Approximately 625 Feet West of
South Cottonwood Road, Application 19279 (Saunders)
07:46:13 PM (01:48:07) Staff Presentation
Community Development Manager Chris Saunders presented the application. He explained the property
is planned for commercial mixed use, and the applicant has requested a B-2 development. He talked
about the criteria of evaluation. He noted no public comments have been received on the project.
07:48:46 PM (01:50:40) Questions of Staff
DM Mehl asked if the underlying growth map amendment is incompatible with an industrial park. He
asked if it complies with the growth policy.
Cr. Pomeroy asked about the difference between a Business Park (BP) District and B-2 community
business district. She asked if staff thinks the city needs to simply zoning.
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Page 10 of 13
Cr. Cunningham asked about Section 4 where findings are described relative to conserving the value of
buildings.
Mayor Andrus asked about the 41 foot strip on the adjacent property and what will happen with it.
07:58:19 PM (02:00:13) Applicant Presentation
Chris Wasia, Genesis Engineering, presented details of the application. He talked about the BP District
versus B-2 development.
08:00:02 PM (02:01:56) Questions of Applicant
DM Mehl asked why not B-2M which is even more flexible. He asked if there are any questions or
concerns with the staff report.
08:01:25 PM (02:03:19) Public Comment
There was no public comment.
08:01:36 PM (02:03:30) Motion that having reviewed and considered the staff report, application
materials, public comment, Zoning Commission recommendation, and all information presented, I
hereby adopt the findings presented in the staff report for Application 19279 and move to approve the
Floweree Family LLC Zone Map Amendment, with contingencies required to complete the application
processing.
Deputy Mayor - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
08:02:01 PM (02:03:55) Discussion
DM Mehl supports the motion and pointed out the staff report is thorough.
Cr. Pomeroy agrees with staff findings and will support the motion.
Cr. Cunningham agrees criteria A-D have been met and E-K are yes or neutral.
Mayor Andrus will also support the application.
08:06:30 PM (02:08:24) Vote on the Motion that having reviewed and considered the staff report,
application materials, public comment, Zoning Commission recommendation, and all information
presented, I hereby adopt the findings presented in the staff report for Application 19279 and move to
approve the Floweree Family LLC Zone Map Amendment, with contingencies required to complete the
application processing. 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
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Bozeman City Commission Meeting DRAFT MINUTES, September 23, 2019
Page 11 of 13
Commissioner - Terry Cunningham: Approve
6. 08:06:41 PM (02:08:35) Hobson Historic Neighborhood Certificate of Appropriateness and
Deviation Request for a Residential Garage Setback, Application 19260 (Quasi-Judicial)
(Gonzalez)
08:06:57 PM (02:08:51) Staff Presentation
Historic Preservation Specialist Phil Gonzalez entered the staff report into the record and presented the
application. He described the project, which is a garage setback. He provided some historical context of
the property. He talked about the review criteria and explained staff recommendation is to deny the
deviation request.
08:16:49 PM (02:18:43) Questions of Staff
Cr. Pomeroy asked for the main reason why staff denied the application.
Cr. Cunningham asked whether this is an historic structure and if at some point the entire south portion
of the NCOD will be surveyed. He asked about further details of the deviation.
DM Mehl asked if this area primarily R-1 and R-2. He asked if they would be allowed to have a different
approach if they were to rebuild.
Mayor Andrus asked how they would meet the criteria of more historically appropriate.
08:43:18 PM (02:45:12) Applicant Presentation
Ned Hobson, applicant, presented a brief history of the home and plans for it to provide a better
understanding of the remodel.
08:50:06 PM (02:52:00) Questions of Applicant
Cr. Cunningham pointed out the commission is struggling with the question of whether this remodel
makes the residence more historically appropriate. He asked the applicant for reasons he can give for
the commission to make that finding.
08:51:48 PM (02:53:42) Disclosures
Cr. Cunningham made a disclosure that Ms. Hobson is employed by the Bozeman Public Library
Foundation, and his wife is on the Library Board of Trustees.
DM Mehl disclosed he was the president of the Library Foundation many years ago and his family gives
to them but would not affect any decision making.
08:53:14 PM (02:55:08) Questions of Applicant Continued
Mayor Andrus asked for further clarification on how these improvements are more historically
appropriate.
08:55:04 PM (02:56:58) Public Comment
There was no public comment.
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08:55:16 PM (02:57:10) Staff Clarifications
Mr. Gonzalez clarified a determination of historic integrity would lead to the same place.
08:55:56 PM (02:57:50) Questions of Staff
DM Mehl asked CA Sullivan about an alternative motion.
Cr. Pomeroy asked if the deviation is approved, how many findings does the commission have to list.
Mayor Andrus asked whether the commission only needs to find one reason to clarify that finding if
they go against the staff recommendation.
08:58:43 PM (03:00:37) Staff Clarification
CA Sullivan addressed Cr. Cunningham’s disclosure and stated this is not a financial interest for him.
08:59:33 PM (03:01:27) Motion that having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the staff findings as presented in the staff
report for Application 19260, and move to approve the 1310 South 3rd Avenue application for a
Historic Neighborhood Certificate of Appropriateness application and deviation request to allow the
construction of a garage extension 22 feet, 8 inches past the main house front façade within the
current zoning regulations required for a front setback subject to all applicable code provisions.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Terry Cunningham: 2nd
09:00:31 PM (03:02:25) Discussion
Cr. Pomeroy talked about the criteria for granting deviations.
Cr. Cunningham supports the motion criteria and modifications. He believes staff conclusions are that it
will have a minimal adverse reaction. He stated his findings for more historical appropriateness.
DM Mehl stated we have to follow the guidelines and talked about the NCOD updated in the spring. He
thinks in the long run it will be more historically appropriate based on alternatives.
Mayor Andrus stated we need to make changes in the code the next time we are able to make them.
She thinks the deviation adds to the overall character of the neighborhood.
09:12:23 PM (03:14:17) Vote on the Motion that having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the staff findings as
presented in the staff report for Application 19260, and move to approve the 1310 South 3rd Avenue
application for a Historic Neighborhood Certificate of Appropriateness application and deviation
request to allow the construction of a garage extension 22 feet, 8 inches past the main house front
façade within the current zoning regulations required for a front setback subject to all applicable code
provisions. The motion passed 4-0.
Commissioner - I-Ho Pomeroy: Motion
Commissioner - Terry Cunningham: 2nd
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Page 13 of 13
Mayor - Cynthia Andrus: Approve
Deputy Mayor - Chris Mehl: Approve
Commissioner - Jeff Krauss: Absent
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
7. 09:12:39 PM (03:14:33) Appointment to the Transportation Coordinating Committee (TCC)
(Sweeney)
09:12:44 PM (03:14:38) Public Comment
There was no public comment.
09:12:58 PM (03:14:52) Motion to appoint Dan Martin to the Transportation Coordinating Committee,
City Resident position, with a term expiration of December 31, 2019.
Deputy Mayor - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
09:13:10 PM (03:15:04) Vote on the Motion to appoint Dan Martin to the Transportation Coordinating
Committee, City Resident position, with a term expiration of December 31, 2019. 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
L. 09:13:18 PM (03:15:12) FYI / Discussion
There was no additional FYI.
M. 09:13:26 PM (03:15:20) Adjournment
Mayor Andrus adjourned the meeting at 9:13 PM.
49