HomeMy WebLinkAbout10-28-19 City Commission Minutes v �x
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday,October 28,2019
THE ORDER OF AGENDA ITEMS CHANGED AS ORIGINALLY NOTICED IN ORDER TO APPROVE THE
ABSENCE OF MAYOR CYNDY ANDRUS,AS WELL AS DETAILED DISCUSSION OF THE COMMISSION.
Mayor- Cynthia Andrus:Absent
Deputy Mayor-Chris Mehl: Present
Commissioner-Jeff Krauss: Present
Commissioner-I-Ho PomeroV: 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,Assistant City Manager(ACM)Anna Rosenberry,Community Development
Manager(CDM)Chris Saunders
A. 06:00:38 PM (00:02:56)Call to Order—6:00 PM -Commission Room,City Hall, 121 North Rouse
Deputy Mayor(DM) Mehl called the meeting to order at 6:00 PM.
B. 06:00:48 PM (00:03:06) Pledge of Allegiance and a Moment of Silence
C. 06:01:45 PM (00:04:03)Authorize Absence—Mayor Cyndy Andrus
06:01:47 PM (00:04:05)Motion and Vote to approve the absence of Mayor Cyndy Andrus. The motion
passed 4-0.
Commissioner-Jeff Krauss: Motion
Commissioner-Terry Cunningham: 2nd
Mayor-CVnthia Andrus:Absent
DeputV MaVor-Chris Mehl:Approve
Commissioner-Jeff Krauss:Approve
Commissioner-I-Ho Pomeroy:Approve
Commissioner-TerrV Cunningham:Approve
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Bozeman City Commission Meeting Minutes,October 28,2019
D. 06:02:02 PM (00:04:20)Changes to the Agenda
CM Surratt noted Action Item 4.will be moved to the last action item and become Action Item 6.
E. 06:02:21 PM (00:04:39) FYI
• Cr. Cunningham announced that he, along with Loren Olsen (Affordable Housing Program
Manager)and Tracy Menuez (HRDC),traveled to Helena to attend a Montana Board of Housing
meeting, and the Timber Ridge project in Bozeman was awarded funding of$6.3M.
• DM Mehl pointed out the packet materials are printed in pink in recognition of breast cancer
awareness month. He talked about upcoming Planning Board,Alcohol Awareness Program
discussion, and Planning Coordinating Committee meetings.
F. 06:04:50 PM (00:07:08)Commission Disclosures
There were no commission disclosures.
G. 06:04:56 PM (00:07:14)Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)1 a
2. Appoint a Sub-Committee of Two Commissioners to Review the Depository Bonds and
Pledged Securities as of September 30, 2019 (Clark)7 a
3. Authorize the Mayor, and Designated Staff,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-1-19-07A with
XY Planning Network(Fontenot)07 a
4. Authorize the Mayor to Sign Big Sky Economic Development Trust Fund Program Grant
Contract Number MT—BSTF-1-20— 05 with the Montana Department of Commerce for the
Big Sky Economic Development Trust Fund Grant for LumenAd, Inc. (Fontenot), a
5. Authorize the Mayor to Sign a Memorandum of Understanding with Gallatin County and the
City of Belgrade to Establish the Use of a Common Vertical Datum to Support Infrastructure
Planning and Data Exchange Capability in the Bozeman/Belgrade/Four Corners Triangle
(Saunders)7 a
6. Authorize the Mayor to Sign an Obligating Document for Award with Montana Disaster and
Emergency Services (MT DES) for Financial Assistance Under the Fiscal Year (FY) 2019 State
Homeland Security Program, Hazmat Team Sustainment Project,for the City of Bozeman Fire
Department(Waldo) Cz,
7. Approve the Final Plat for the Amended Plat of the Knolls at Hillcrest Subdivision and
Authorize the Director of Public Works to Sign the Final Plat on Behalf of the City of Bozeman,
Application 19296 (Saunders)07 a
8. Authorize the City Manager to Sign a Public Access Easement for the Construction of a
Sidewalk and a Public Access Easement for the Construction of a Multi-Use Path with Les
Schwab for the Les Schwab Project in the Walker Property Subdivision Planned Unit
Development(PUD), Located at 1100 Reeves Road,Application 19060(Russell) a
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Bozeman City Commission Meeting Minutes,October 28,2019
9. Authorize the City Manager to Sign a Utility Easement and a Public Trail Corridor Easement
with Block 6, LLC for the Block 6 Project Located on North 20th Avenue by Kirk Park,
Application 19109 (Nielsen)7 45
10. Authorize the City Manager to Sign Two Utility Easements and One Water Pipeline and Access
Easement and Agreement with Bozeman Hotel Group, LLC for the Bozeman Residence Inn
Project at 815 East Main Street,Application 18499 (Nielsen)7 a
11. Authorize the City Manager to Sign a Back-Up Ambulance Services Agreement with American
Medical Response Ambulance Service, Inc. (AMR) to Allow the City of Bozeman Fire
Department to Provide Back-Up Ambulance Services and Personnel (Waldo) 07 a
12. Authorize the City Manager to Sign a Professional Services Agreement with Groundprint, LLC
for Development Review Services to Assist City of Bozeman Planning Staff with Development
Review Applications (Saunders), t:j
13. Authorize the City Manager to Sign a Professional Services Agreement with Rowe Excavation
for Bozeman Creek Restoration Services at City Hall (Gray), a
14. Authorize the City Manager to Sign a Professional Services Agreement with Sanderson
Stewart for Pre-Design Services for Griffin Drive,7th Avenue to Rouse Avenue Reconstruction
and Griffin Drive and Manley Road Intersection Improvements (Lonsdale) 0 a
15. Ordinance 2034 Provisional Adoption, Bozeman Medical Arts Center Parking Lot Zone Map
Amendment to Designate Approximately 0.70 Acres Located at the Southwest Corner of the
Intersection of Willson Avenue and Villard Street as B-3, Downtown Business District,
Application 19258(Saunders)7 a
06:05:00 PM (00:07:18) City Manager Overview
CM Surratt noted the highlights of the consent agenda.
06:05:49 PM (00:08:07) Public Comment
There was no public comment.
06:05:59 PM (00:08:17)Motion and Vote to approve Consent Items 1-15 as submitted. The motion
passed 4-0.
Commissioner-Terry Cunningham: Motion
Commissioner- I-Ho Pomeroy: 2nd
Mayor-Cynthia Andrus:Absent
Deputy Mayor-Chris Mehl:Approve
Commissioner-Jeff Krauss:Approve
Commissioner- I-Ho Pomeroy:Approve
Commissioner-Terry Cunningham:Approve
H. 06:06:19 PM (00:08:37) Public Comment
Deputy Mayor Mehl opened public comment.
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06:07:19 PM (00:09:36)Jeff Ball, Public Comment
Mr. Ball spoke about city-wide assessments including tree maintenance, arterial district and street
district with regard to assessing based on the number of housing units for the ownership of the lot.
06:10:25 PM (00:12:43)Jodi Richards, Public Comment
Ms. Richards spoke on the possible annexation and her associated personal costs related to the
potential requirement.
06:13:44 PM (00:16:02)Rebecca Hutchison, Public Comment
Ms. Hutchison commented on annexing properties and the personal prohibitive costs of installing water
and sewer.
I. 06:15:33 PM (00:17:51)Action Items
1. 06:15:34 PM (00:17:52) Resolution 5076,Amending Policies for Annexation by Petition of a
Landowner and Discussion of the Draft Extension of Services Plan for City Initiated
Annexations(Sullivan)50! 0
06:15:51 PM (00:18:09)Staff Presentation
CM Surrat opened the presentation and explained additional staff is present to discuss details of the
annexation analysis.ACM Rosenberry,Community Development Manager Chris Saunders,and CA Sullivan
each discussed details of the annexation. CM Surratt talked about the annexation analysis, which the
commission considered as a part of the 2018 Strategic Plan.She outlined the areas of the city which have
been identified as wholly surrounded annexation. CA Sullivan talked about annexation law in Montana
and specific items regarding wholly surrounded annexation. CM Surratt reviewed Resolution 5076,which
will replace the original annexation resolution, Resolution 4400,and outlined the annexation policies.She
talked about the Extension of Services Plan in terms of statutes. CA Sullivan explained the distinction
between statutes. CM Surratt stated the staff recommendation is for wholly surrounded annexation
method to modify the annexation policy.She outlined the policies in the draft Extension of Services Plan.
07:26:24 PM (01:28:42) Point of Order
Cr. Krauss believes Resolution 5076 incorporates amending policies for annexation and petition of the
landowner annexing policies and suggested stating that Resolution 4400 is being amended first.
07:27:13 PM (01:29:31) Point of Order
Cr. Cunningham stated that although Resolution 5076 still describes it as landowner initiated
annexation, he believes it also covers city initiated annexation.
07:27:47 PM (01:30:05) CM Sullivan clarified that when this came before the commission last April,staff
had embedded policies for both types of annexations into the original draft. He explained that over the
course of the summer, staff realized it would be beneficial for the city to separate landowner initiated
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annexation policies.
07:29:13 PM (01:31:31) Clarification of Commission
DM Mehl clarified that what the commission is discussing tonight is land owner initiated annexation. He
further clarified discussion has not taken place with regard to failed septic systems, so nothing changes
in that regard. He stated that thirdly,the commission will come back with the city initiated ideas after a
break this evening.
07:30:08 PM (01:32:26) Questions of Staff
CM Pomeroy asked if the landowner initiated policy is the old policy.
Cr.Cunningham asked for details regarding Section 2, items 2 and 10 of Resolution 5076. He asked
about how the zoning decision is made as a body.
Cr. Pomeroy asked what fire district services the wholly surrounded island.
DM Mehl asked about the staff memo and draft resolution for Policy#10. He asked about Section 1. He
asked about traffic benefits and water and sewer.
07:43:03 PM (01:45:21) Public Comment
DM Mehl opened public comment.
07:43:24 PM (01:45:42)Gwenn Chamberlain, Public Comment
Ms. Chamberlain asked if a landowner does initiate annexation and then decide that it is not feasible,
can they rescind and is that protest or can they back out.
07:45:15 PM (01:47:33)Staff Discussion
CA Sullivan answered the questions of the public comment.
07:46:55 PM (01:49:13)Motion to adopt Resolution 5076.
Commissioner- I-Ho Pomeroy: Motion
Commissioner-Jeff Krauss: 2nd
07:47:04 PM (01:49:22) Discussion
Cr. Pomeroy thinks it is necessary and will support the motion.
Cr. Krauss will support the motion.
Cr. Cunningham agrees with the changes and flexibility it provides and barriers it eliminates.
DM Mehl asked the commissioners explicit things about all public utilities, staff answered and he is
satisfied with the answer.
07:49:16 PM (01:51:34)Amendment to the Motion to add an Item 10. to Section 1. of Resolution 5076
that the City of Bozeman encourages annexation for the provision of clean treated water and
provision of sanitary sewer.
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Commissioner-Jeff Krauss: Motion
Commissioner- I-Ho Pomeroy: 2nd
07:49:40 PM (01:51:58) Discussion
Cr. Krauss thinks most of the annexations he has seen over the years have been voluntary due to failed
septic systems.
Cr. Pomeroy agrees.
07:50:14 PM (01:52:32) Vote on the Amendment to the Motion to add an Item 10. to Section 1. of
Resolution 5076 that the City of Bozeman encourages annexation for the provision of clean treated
water and provision of sanitary sewer. The motion passed 4-0.
Commissioner-Jeff Krauss: Motion
Commissioner- I-Ho PomeroV: 2nd
Mayor-Cynthia Andrus: Absent
Deputy Mayor-Chris Mehl:Approve
Commissioner-Jeff Krauss:Approve
Commissioner-I-Ho Pomeroy: Approve
Commissioner-Terry Cunningham:Approve
07:50:42 PM (01:53:00) Vote on the Amended Motion to adopt Resolution 5076, and to add an Item
10. to Section 1. that City of Bozeman encourages annexation for the provision of clean treated water
and provision of sanitary sewer. The motion passed 4-0.
Commissioner-I-Ho PomeroV: Motion
Commissioner-Jeff Krauss: 2nd
Mayor-Cynthia Andrus:Absent
Deputy Mayor-Chris Mehl:Approve
Commissioner-Jeff Krauss:Approve
Commissioner-I-Ho PomeroV:Approve
Commissioner-TerrV Cunningham:Approve
07:50:51 PM (01:53:09) Recess
DM Mehl called the meeting into recess until 8:00 PM.
08:00:05 PM (02:02:23)Call to Order
DM Mehl called the meeting to back to order at 8:00 PM.
08:00:32 PM (02:02:49) Commission Questions Regarding City Initiated Annexation
Cr. Pomeroy asked about city initiated annexation when the land owner does not want annex. She
asked about an incentive for a Special Improvement District(SID) if landowners annex at the same time
as a neighborhood. She asked about the city extending facilities to annexed areas and if the payment is
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flexible. She asked about no fees for wholly surrounded annexation. She asked about impact fees.
Cr. Krauss asked for clarification regarding whether landowners pay a street impact fee right away or
only if they develop. He asked about pulling a building permit for specific functions. He asked whether
some parcels will be subject to repayment districts already out there. He asked about adequate fire
services and SIDS. He asked about things the city will not ask the landowners to do, i.e. right-of-ways.
Cr. Cunningham asked about the historic approach of annexing land. He asked how water and septic
adequacy services would be determined. He asked about standards for septic systems. He asked for
examples of conditions of inadequacy. He asked for clarification on Policy 4. He asked if we've ever done
a CIP specific to a neighborhood. He asked about Policy 30 regarding options that might be considered.
Cr. Pomeroy asked about traditional financial tools. She asked about protests regarding SIDs.
CM Mehl asked if the point of city initiated annexation is to achieve compact, orderly, efficient and safe
growth. He asked if the extension of the policy plan would be at the discretion of the commission. He
asked about Policy 32. C. relative to the intention.
Cr. Krauss asked about general laws of the city applicable by annexation. He asked about preparing a list
of things that landowners are accustomed to in the county that now have to change.
09:10:54 PM (03:13:12) Public Comment
DM Mehl opened public comment.
09:11:11 PM (03:13:29) Gwenn Chamberlain, Public Comment
Ms. Chamberlain expressed her appreciation for the dialogue and requested thoughtfulness from the
commission regarding how and when they will be included in an annexation.
09:14:19 PM (03:16:37)Janet Swenson,Public Comment
Ms. Swenson expressed concern regarding what they would do with their animals if annexed into the
city. She inquired about septic and well needing to be approved.
09:15:17 PM (03:17:35)Matt Kelly,Public Comment
Mr. Kelly is a health officer with the county and shared information related to some inholdings of the
county. He talked about older septic systems.
09:19:34 PM (03:21:52)Mary Palfie,Public Comment
Ms. Palfie made some observations regarding the policies.She talked about exemptions and timing of
potential code changes.
09:23:27 PM (03:25:45)Staff and Commission Discussion
CA Sullivan answered questions from public comment.
DM Mehl asked staff for clarification of public comment questions.
CDM Saunders answered questions form public comment.
09:26:43 PM (03:29:01) Discussion
The commission discussed and asked questions of staff in detail of each area of the Extension of Services
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Plan and Report for City Initiated Annexations.
09:57:11 PM (03:59:29) Meeting Extended
DM Mehl extended the meeting until 10:30 PM.
09:57:14 PM (03:59:32) Discussion and Questions Continued
The commission continued discussion, questions and staff instruction on additions and changes to the
Extension of Services Plan and Report for City Initiated Annexations.
10:11:30 PM (04:13:48)Motion to direct the City Manager to bring back the Extension of Services Plan
for Commission consideration and possible adoption in early 2020.
Commissioner- I-Ho Pomeroy: Motion
Commissioner-Jeff Krauss: 2nd
10:11:45 PM (04:14:03) Discussion
Cr. Pomeroy commented that finding more tools to help the island area residents is important.
Cr. Krauss will not support this motion. He does not favor involuntary annexations and believes they are
forcible just like taxes. He is opposed.
Cr. Cunningham commented this is the first review and is an opportunity for questions, and we need to
be transparent in this process.
DM Mehl will support the motion and is very pleased with the open house last week.
10:20:17 PM (04:22:35) Vote on the Motion to direct the City Manager to bring back the Extension of
Services Plan for Commission consideration and possible adoption in early 2020. The motion passed 3-
1.
Commissioner- I-Ho Pomeroy: Motion
Commissioner-Jeff Krauss: 2nd
Mayor-Cynthia Andrus:Absent
Deputy Mayor-Chris Mehl:Approve
Commissioner-Jeff Krauss: Disapprove
Commissioner- I-Ho Pomeroy:Approve
Commissioner-Terry Cunningham:Approve
The order of Action Items 2. and 3.were exchanged.
2. 10:20:28 PM (04:22:46) (ORIGINALLY ACTION ITEM 3.) Ordinance 2031 Provisional
Adoption,Amending Land Use Regulations of the Unified Development Code (UDC), Chapter
38 of the Bozeman Municipal Code (BMC),to Add Procedures for an Applicant to Voluntarily
Abandon Approval of a Zoning Project Previously Granted,Application 19403 (Saunders)
a
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10:21:07 PM (04:23:25)Staff Presentation
Community Development Manager Chris Saunders presented the ordinance and explained the proposal
to modify the city's land use regulations specific to site plan review for people to be able to voluntarily
abandon an application.
10:23:11 PM (04:25:29)Questions of Staff
Cr. Krauss asked what this cures.
Cr. Cunningham asked if this does not reverse any commission decision about zoning.
Cr. Pomeroy asked whether we are trying to do this to allow the city to have consistency in procedures.
DM Mehl asked if the things the Commission will see tonight are similar to the August memo. He asked
if this is staff initiated.
10:27:57 PM (04:30:15) Public Comment
There was no public comment.
10:28:09 PM (04:30:27)Motion that Having reviewed and considered the application materials,public
comment,Zoning Commission recommendation, and all the information presented, I hereby adopt the
findings presented in the staff report for application 19403 and move to provisionally adopt Ordinance
2031.
Commissioner-Jeff Krauss: Motion
Commissioner-Terry Cunningham: 2nd
10:28:38 PM (04:30:56) Discussion
Cr. Krauss stated as long as it's for the property owner, he thinks it's fine.
Cr.Cunningham accepts the staff findings and analysis.
Cr. Pomeroy agrees with the staff findings and allows the city to establish a consistent procedure.
DM Mehl agrees.
10:29:18 PM (04:31:36) Vote on the Motion that Having reviewed and considered the application
materials,public comment,Zoning Commission recommendation, and all the information presented,I
hereby adopt the findings presented in the staff report for application 19403 and move to
provisionally adopt Ordinance 2031. The motion passed 4-0.
Commissioner-Jeff Krauss: Motion
Commissioner-Terry Cunningham: 2nd
Mayor-Cynthia Andrus:Absent
Deputy Mayor-Chris Mehl:Approve
Commissioner-Jeff Krauss:Approve
Commissioner- I-Ho Pomeroy:Approve
Commissioner-Terry Cunningham:Approve
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10:29:26 PM (04:31:44) Meeting Extended
DM Mehl extended the meeting to 10:45 PM.
The order of Action Items 2.and 3.were exchanged.
3. 10:29:31 PM (04:31:49) (ORIGINALLY ACTION ITEM 2.)Ordinance 2032 Provisional
Adoption,Amending Chapter 34(Streets,Sidewalks and Other Public Places), and Chapter
38 (Unified Development Code, UDC), of the Bozeman Municipal Code (BMC)to Establish a
Common Vertical Datum for All City Uses to Align with Professional Standards,Application
19403 (Saunders), C=
10:29:56 PM (04:32:14)Staff Presentation
Community Development Manager Chris Saunders presented the ordinance. He explained that staff is
proposing a change to implement best practice which is to use the North American Vertical Datum 1988,
which enables survey data and engineering design to be consistent.
10:31:56 PM (04:34:14)Questions of Staff
Cr. Pomeroy asked if staff has had feedback from architects and engineers.
DM Mehl asked if we're joining with Belgrade and Gallatin County in this and if it will be auto-updated.
10:33:36 PM (04:35:54) Public Comment
There was no public comment.
10:33:44 PM (04:36:02)Motion that having reviewed and considered the application materials,public
comment,Zoning Commission recommendation, and all the information presented, I hereby adopt the
findings presented in the staff report for application 19403 and move to provisionally adopt Ordinance
2032.
Commissioner-Terry Cunningham: Motion
Commissioner- I-Ho Pomeroy: 2nd
10:34:03 PM (04:36:21) Discussion
Cr. Cunningham commented it's obvious we need to update how we determine elevations and is
convinced this is the right way to go. He agrees with the staff findings.
Cr. Pomeroy this will be consistent with national changes and we try to hold Bozeman to professional
standards.
Cr. Krauss commented on property he owns in the old part of town and supports the motion.
DM Mehl supports the motion.
10:35:11 PM (04:37:29) Vote on the Motion that having reviewed and considered the application
materials,public comment,Zoning Commission recommendation, and all the information presented, I
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hereby adopt the findings presented in the staff report for application 19403 and move to
provisionally adopt Ordinance 2032. The motion passed 4-0.
Commissioner-Terry Cunningham: Motion
Commissioner-1-Ho Pomeroy: 2nd
Mayor-Cynthia Andrus: Absent
Deputy Mayor-Chris Mehl:Approve
Commissioner-Jeff Krauss:Approve
Commissioner- I-Ho Pomeroy: Approve
Commissioner-Terry Cunningham:Approve
The original Action item 4. was moved to the end of the meeting, becoming Action Item 6.
4. 10:35:27 PM (04:37:45) (ORIGINALLY ACTION ITEM 5.) Ordinance 2029 Provisional
Adoption,Zone Text Amendments to Revise Sections of the Unified Development Code
(UDC), Chapter 38 of the Bozeman Municipal Code (BMC), Including Submittal Requirements
for Landscape Plans, Urban Mixed Use (UMU) District Special Standards, Landscape Plan
Review, Mandatory Landscaping Provisions, Landscape Performance Standards, Landscape
Completion, Permitted General Sales Uses,Sketch Plan Review, Group Living,and Parking
Space Requirements for Restaurants and Entertainment Centers,Application 19403
(Saunders)~ a
10:36:00 PM (04:38:18)Staff Presentation
Community Development Manager Chris Saunders presented the ordinance and explained each
amendment in detail. He presented a recommended motion accordingly.
10:42:24 PM (04:44:42)Questions of Staff
Cr. Pomeroy asked for clarification of the purpose of the zone text amendments.
Cr.Cunningham asked about the Design Review Board weighing in on this and why it wasn't mentioned
in the staff report.
10:45:00 PM (04:47:18) Meeting Extended
DM Mehl extended the meeting until 11:00 PM.
10:45:03 PM (04:47:21) Questions of Staff Continued
Cr. Cunningham asked if B2M's are being used as B2M's at the moment.
10:45:49 PM (04:48:07) Public Comment
There was no public comment.
10:46:04 PM (04:48:22)Motion that having reviewed and considered the application materials,public
comment,Zoning Commission recommendation,and all the information presented, 1 hereby adopt the
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findings presented in the staff report for Application 19403 and move to provisionally adopt Ordinance
2029 with revisions to Section 4 amending 38.550.050.C.2.d to read"d. No tree shall be planted closer
than three feet to the back of the curb or edging equivalent;and 38.550.050.K"When the City verifies
it is not possible to meet minimum separation distance from utilities and no other arrangement can be
approved,such tree or large vegetation is not required".
Commissioner- I-Ho Pomeroy: Motion
Commissioner-Terry Cunningham: 2nd
10:47:22 PM (04:49:40) Discussion
Cr. Pomeroy agrees with staff findings.
Cr. Cunningham commented we are aligning our ordinances with findings in the community, and he
agrees with staff analysis and findings.
Cr. Krauss will vote against the motion, and commented the Design Review Board did not endorse it.
DM Mehl will support the motion and commented the changes are streamlining in nature.
10:49:33 PM (04:51:51) Vote on the Motion that having reviewed and considered the application
materials,public comment,Zoning Commission recommendation, and all the information presented,I
hereby adopt the findings presented in the staff report for Application 19403 and move to
provisionally adopt Ordinance 2029 with revisions to Section 4 amending 38.550.050.C.2.d to read"d.
No tree shall be planted closer than three feet to the back of the curb or edging equivalent;and
38.550.050.K"When the City verifies it is not possible to meet minimum separation distance from
utilities and no other arrangement can be approved,such tree or large vegetation is not required".
The motion passed 3-1.
Commissioner- I-Ho Pomeroy: Motion
Commissioner-Terry Cunningham: 2nd
Mayor-Cynthia Andrus: Absent
Deputy MaVor-Chris Mehl:Approve
Commissioner-Jeff Krauss: Disapprove
Commissioner- I-Ho PomeroV:Approve
Commissioner-Terry Cunningham:Approve
5. 10:49:46 PM (04:52:04) (ORIGINALLY ACTION ITEM 6.) Presentation of the Unified
Development Code Community Platform, an Online Database for Boards, Committees,
Design Professionals and the General Public to Track and Make Suggestions Regarding
Biannual Edits to Chapter 38 of the Bozeman Municipal Code (BMC),Also Known as the
Unified Development Code (UDC) (Matsen)7 C�
10:50:10 PM (04:52:28)Staff Presentation
Community Development Director Marty Matsen presented the UDC community platform in detail. He
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explained the platform is the result of initiatives in the strategic plan. He noted Community
Development is hoping to go live with the platform by the first week in December.
10:59:32 PM (05:01:50) Meeting Extended
DM Mehl extended the meeting until 11:10 PM.
11:02:27 PM (05:04:45)Questions of Staff
Cr. Cunningham asked about action calling for regulations and how that comports with the
April/October timeline in order to develop recommendations.
Cr. Pomeroy asked whether the purpose of this is to allow public engagement. She asked if six weeks is
realistic.
Cr. Krauss commented that Community Development needs to start and end with commission input.
DM Mehl stated he would be interested in the City Manager working with Community Development on
a set of initiatives. He thinks the tool will help with noticing issues.
11:10:04 PM (05:12:22) Meeting Extended
DM Mehl extended the meeting until 11:20 PM.
11:10:10 PM (05:12:28) Public Comment
Mr.Thane spoke as the chair of the Community Affordable Housing Advisory Board and expressed
concern with the procedure being put into place, particularly the removal of regulatory barriers.
11:12:35 PM (05:14:53) Discussion
Cr. Cunningham would like to further discuss the plan.
DM Mehl commented this has not yet been discussed nor approved as a commission.
Cr. Cunningham stated he is confused by a new procedure that is twice per year and a plan that has not
been put into place.
Cr. Krauss talked about the time spent on UDC updates in the past.
11:19:43 PM (05:22:01) Meeting Extended
DM Mehl extended the meeting until 12:00 AM.
11:19:49 PM (05:22:07) Discussion Continued
Cr. Cunningham expressed his frustration by a process that doesn't allow us to get to the things we said
we wanted to get to two years ago.
DM Mehl recalled that the UDC edits took a year and a half.
6. 11:24:00 PM (05:26:18) (ORIGINALLY ACTION ITEM 4.) Ordinance 2030 Provisional
Adoption,Amending Chapter 38 (Unified Development Code, UDC) of the Bozeman
Municipal Code (BMC)to Increase Time Periods for Milestones in Zoning Plan Review and
Provide an Effective Date,Application 19403 (Saunders) ^ a
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11:24:02 PM (05:26:20) Discussion
DM Mehl explained he had an earlier conversation with CM Surrat and CA Sullivan regarding the lack of
purpose in addressing Ordinance 2030. He asked CA Sullivan about the process for delaying this item.
CA Sullivan explained the two options of continuing it to a date certain, or table it,then re-advertise it.
11:24:53 PM (05:27:11) Point of Order
Cr. Krauss pointed out a third option, and that is to move adjourn the meeting,get a second then vote
on that motion.
11:25:01 PM (05:27:19) Discussion Continued
CA Sullivan explained the result of moving to adjourn would be that the ordinance would need to be re-
advertised.
DM Mehl stated he sees the changes to the ordinance as internal and prefers to table it and not address
it again. He asked for a motion in that regard.
11:25:53 PM (05:28:11)Motion and Vote to adjourn the meeting. The motion passed 3-1.
Commissioner-Jeff Krauss: Motion
Commissioner- I-Ho Pomeroy: 2nd
Mayor-Cynthia Andrus:Absent
Deputy Mayor-Chris Mehl: Disapprove
Commissioner-Jeff Krauss:Approve
Commissioner-I-Ho Pomeroy:Approve
Commissioner-Terry Cunningham:Approve
J. 11:26:13 PM (05:28:31)Adjournment
DM Mehl adjourned the meeting at 11:26 PM.
Cynthia L.Andrus
Mayor
ATTEST:
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• .41 Robin Crough
City Clerk
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Bozeman City Commission Meeting Minutes,October 28,2019
PREPARED BY:
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Brenda Sweeney
Deputy City Clerk
Approved on:
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