OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Bozeman City Commission Regular Meeting – February 24, 2026

City CommissionTuesday, February 24, 2026
BodyBozeman, Montana
SessionCity Commission
DateTuesday, February 24, 2026
StatusFILED
Video Record
0:00 / 4:51:49

Transcript — Verbatim
15:19

Well, good evening and welcome and thank you for joining us.

15:21

As we begin tonight, I'd like to remind everyone of a few things to make it easier for you to follow along and to make public comment.

15:30

You can watch us in real time in several different ways.

15:33

Attend in person in the committee room as the commission room as uh most of you are here today.

15:38

You can stream us live on your computer by going to the city commission page at Bozeman.net and clicking on the view live event link.

15:46

You can watch this meeting on cable TV on channel 190.

15:50

And you can also join us via video conference.

15:53

You'll find that link on the meet by clicking on the meetings icon on Bozeman's main webpage to find the city commission agenda.

16:01

Click on the link to register and follow the prompts to enter the meeting.

16:05

Lastly, you can go old school and just listen.

16:08

You'll find the phone number for the video conference and the access code on the agenda, and please note that this is listening only, and you will be unable to give verbal public comment using this method of participation.

16:19

If you would like to offer public comments this evening, there are two ways to do so.

16:24

You can make your person your public comment in person here in the meeting room.

16:28

Or if you're joining us through a video conference, you can use the raise your hand feature.

16:32

When it is your turn to comment, staff will call you by name.

16:36

A reminder that you can always provide public comment, written public comment before the meeting by sending an email to Comments at Bozeman.net or by visiting our public comment webpage on Bozeman.net.

16:49

Any public comment received by noon today has been distributed to the commission and read by all of us.

16:57

And it was a lot of reading.

16:59

We will hear in person public comment first.

17:02

We'll hear in-person public comment first, and followed by those joining via video conference to allow time for the remote attendees to cue up for the comments.

17:16

Mayor Morrison is joining us via video from Great Falls.

17:20

So there are five of us here today.

17:22

And if you are now willing and able or willing or able, uh, we ask that you you stand and join us for the Pledge of Allegiance and a moment of silence.

18:14

That is correct.

18:16

Excellent.

18:17

Do we have any FYI from the commission?

18:20

Yes, just Commissioner Magic.

18:22

Thank you.

18:24

Um so many of us may know that the 2005 legislature made some changes to our property taxes.

18:38

And the intent is to raise property taxes on second homes.

18:43

And I just wanted to let everyone know who might have a second home who rents their second home.

18:51

That March 1st is the deadline to get an application in to the Department of Revenue.

18:58

And you could have your taxes potentially remain the same as if that were your uh primary residence.

19:08

So Sunday, March 1st is the deadline to get your application in.

19:13

And those applications can be found on the Department of Revenue's website at homestead mt.gov.

19:24

Thank you.

19:25

Commissioner Sweeney.

19:28

Thank you.

19:29

Um I just wanted to give two updates on advisory boards that met last week.

19:36

Um at the historic preservation advisory board meeting, we met the consultants from the Lakota group that will be working on our neighborhood conservation overlay district design guidelines update.

19:48

The board was overall impressed with the consultants and their grasp of the situation in Bozeman and their acknowledgement of the correlation between historic character and economic vitality.

20:02

One public commenter during the meeting expressed interest in a tool that the consultant had used in the creation of design guidelines in other areas.

20:11

The tool was the inclusion of color coding of the design guidelines that would differentiate between things the developer or homeowner must do and a guideline that has some leeway in it.

20:26

So folks are already engaging.

20:28

The board gave several really constructive recommendations on the engagement plan for this project, and I hope this body will agree to adopt those.

20:38

When we review the plan at our regular meeting on March 10th, it's occurred to me that there are three ingredients necessary for a successful NCOD design guideline rewrite.

20:55

Those are first that we engage a capable firm of consultants to draft a robust, defensible code and policy.

21:04

Second, that the whole community show up to participate, making sure that the consultants hear them and incorporate their feedback into the final adopted policy and code.

21:18

And third, finally, now that we are under the regulatory framework of the Montana Land Use and Planning Act, we need a city staff willing to uphold, apply, and defend the final adopted code and policy that does indeed reflect the wishes of the community.

21:39

After meeting with the Lakota group, I am satisfied that we have the first ingredient.

21:46

Through the coming months, we shall endeavor together to make sure we also have the other two.

21:53

I also wanted to give an update on the tax increment finance board.

21:57

Uh also met last week to review staff's proposed projects and budget for TIFF awards for the next two years.

22:08

This is a brand new board.

22:10

It was required by the state legislature coming out of the 2025 session to oversee our spending in TIFF districts, other than the downtown Bozeman, which has its own dedicated board.

23:15

Asking things like what has been accomplished, are there things unfinished on the docket that are still a priority to stakeholders?

23:25

We've been informed that having the board weigh in on staff proposed projects and budgetary awards is necessary right now.

23:34

It's due to the approaching deadlines for this city commission's two-year budget discussion, which needs to be adopted by the end of June, I believe.

23:46

One public commenter has already made a suggestion at the meeting, followed up in writing, that would use the tax increment in the Northeast District in better alignment with neighborhood preferences and goals.

24:03

And it was exciting that this comment also suggested tying in some of the TIFF projects with the recently launched C.

Discussion Breakdown — Share of Meeting
Land Use Planning█████████████████████████████████████████████51%
Procedural██████████████16%
Public Engagement████████9%
Engineering And Infrastructure████████9%
Historic Preservation████4%
Pending Litigation████4%
Public Safety██2%
Arts And Culture1%
Community Engagement1%
Summary of Proceedings

Bozeman City Commission Regular Meeting – February 24, 2026

The Bozeman City Commission met on Tuesday, February 24, 2026, at 6:00 PM in the Commission Room at City Hall. All five commissioners (Joey Morrison, Jennifer Madgic, Douglas Fischer, Emma Bode, Alison Sweeney) were present. The meeting included a consent agenda, public comments on non-agenda items, a special presentation on unseen crimes, and a lengthy appeal hearing on the Sundance Springs Commercial Lot 2 site plan, which was continued to March 24, 2026. The meeting was extended to 10:30 PM and adjourned at approximately 10:51 PM.

Consent Calendar

  • F.1–F.16 were approved unanimously (5-0). Notable items included:
    • F.2: Parks Community Grant Program grant agreement with Mountain Time Arts for "See Bozeman Creek Artwork."
    • F.3: Notice of Award to Hardrives Construction, Inc. for the 2023 Transportation Alternatives Path Preservation Project.
    • F.4: Notice of Award to Hoffman's R&M Services, Inc. for the Whittier Elementary School Parking Lot Reconstruction Project.
    • F.5: Bailment agreement with Craig Hergert for art display in City Hall (no cost to taxpayers).
    • F.7: Professional Services Agreement with Maddaus Water Management to update the Water Conservation DSS Model.
    • F.11: First Amendment to architectural services with MSR Design for Bozeman Library Children's Room Renovation.
    • F.14–F.16: Resolutions for Special Improvement Lighting Districts 794, 795, and modification of 743.

Public Comments & Testimony

  • Non-agenda items: Two speakers requested the commission schedule a public hearing to revisit the December 16, 2025 decision allowing 90-foot buildings in B-3 zones by right. Mary Bateson, a Bozeman resident, urged timely action within the four-month window suggested by Deputy Mayor Fischer. Daniel Carty, a Northside resident, argued that 90-foot buildings would damage historic character, provide no community benefits (e.g., no cash-in-lieu of affordable housing), and worsen downtown parking problems. He requested a hearing by May 31, 2026, to return maximum height to 60 or 70 feet.

Discussion Items

  • Special Presentation (H.1): Detective Captain Anthony Hutchings of the Bozeman Police Department presented "The Story of Unseen Crime." He described the Special Victims Unit (formed in 2017) which investigates sexual and physical abuse of adults and children, including internet crimes against children. Key statistics: The unit handles about 350 high-level felony cases per year; roughly 65% go to SVU, and 45% involve children. Estimated underreporting is 63–75% for adult crimes and 70–90% for child crimes. National statistics indicate 10% of partner family member assault crimes involve strangulation, and 43% of actual homicides involve strangulation. The goal is community outreach, education, and connecting survivors with treatment. The next sexual assault awareness event is April 15, 2026, at the Safety Center.

  • Action Item I.1: Appeal 25769 – Sundance Springs Commercial Lot 2 Site Plan (25238)

    • Staff Presentation: Community Development Director Erin George and Planner Zachary Moon outlined the timeline: The Sundance Springs PUD was approved in 1995/1998 with 141 residential lots and two commercial lots. A previous 2022 site plan was appealed and overturned by the commission in February 2024 with findings of fact. The current site plan proposes two two-story commercial buildings (each just under 5,000 sq. ft., 33 ft. tall) for uses like restaurant, office, gym, and retail. Staff argued that the master plan document from 1997 is a conceptual sketch, not binding; the applicable code is the 2025 Bozeman Municipal Code in effect when the application was deemed adequate. The site plan complies with all code sections except lighting for residentially adjacent properties (0.86 footcandles vs. the required 0.3 footcandles), which staff recommended amending via a new condition of approval. 55 public comment letters were received: 4 in support, 51 in opposition.
    • Appellants' Presentation: Dr. Geoff Poole, Rob Ferris Olsen, Timothy and Nancy Swanson argued the site plan violates the PUD's approved final master plan (showing only one building), the original 1992 zoning code (which they claim remains applicable via covenants), and block frontage standards. They contended that the current code requires compliance with the PUD's final plan and that two buildings and the arrangement of parking do not match what was approved. They asked the commission to overturn the conditional approval.
    • Developer's Presentation: Landowner Michael Shriner, engineer Marlene Sadaj, and attorney Brian Gallik presented comparisons to the previous denied plan, highlighting changes made to comply with design guidelines: no parking in front of the west building, no departure requests, redesigned buildings with pitched roofs, and reduced outdoor patio. They argued the site plan meets all current code and PUD requirements, and that the master plan is not a binding regulatory document. They noted the market study from 1997 listed 18 possible uses, not just a village store, and that the PUD allowed B1 uses on the lot.
    • Public Comment: 13 speakers (in-person and online) were heard. Residents opposed to the development cited traffic, noise, safety concerns for children, disruption of neighborhood character, and that the original PUD trust was being violated. Supporters (including a neighbor and a business owner) emphasized the need for commercial nodes, walkability, and that the developer had gone through proper processes and made good-faith changes. One speaker (Jeff King) argued that allowing two buildings on Lot 2 would set a precedent for the larger Lot 1 (which could then host up to 10 buildings).
    • Rebuttals: Staff clarified that the 1996 PUD findings of fact had been consumed by the final 1998 plan, and the market study did not limit uses to a single village store. Appellants reiterated that the code prohibits issuing permits for improvements not shown on the approved final plan (which shows one building). Developer offered willingness to adjust parking if needed.

Key Outcomes

  • The commission voted 5-0 to continue Consideration of Appeal 25769 to March 24, 2026, closing the public hearing record. No additional evidence or testimony will be accepted before that date.
  • The commission also voted 5-0 to start the March 24 meeting as early as 4:00 PM, with the understanding that the appeal would be taken up at 6:00 PM (after the CIP discussion) to allow public participation at a standard time.
  • Commissioner Bode raised the need to schedule a resolution for student ex-officio seats on advisory boards before the end of the academic year. Commissioner Sweeney requested that the B-3 height issue be added to the six-month calendar.

Additional Notes

  • Commissioner Madgic reminded the public that March 1 is the deadline to apply for primary residence tax treatment for second homes (homestead.mt.gov).
  • The Anne Frank: A History for Today exhibit will be at Bozeman Public Library from March 2–31, 2026, with an opening reception on March 4, 6–7 PM.
  • The City Commission is open to all; accommodations for disabilities are available by contacting the ADA Coordinator.

Meeting Transcript

Well, good evening and welcome and thank you for joining us. As we begin tonight, I'd like to remind everyone of a few things to make it easier for you to follow along and to make public comment. You can watch us in real time in several different ways. Attend in person in the committee room as the commission room as uh most of you are here today. You can stream us live on your computer by going to the city commission page at Bozeman.net and clicking on the view live event link. You can watch this meeting on cable TV on channel 190. And you can also join us via video conference. You'll find that link on the meet by clicking on the meetings icon on Bozeman's main webpage to find the city commission agenda. Click on the link to register and follow the prompts to enter the meeting. Lastly, you can go old school and just listen. You'll find the phone number for the video conference and the access code on the agenda, and please note that this is listening only, and you will be unable to give verbal public comment using this method of participation. If you would like to offer public comments this evening, there are two ways to do so. You can make your person your public comment in person here in the meeting room. Or if you're joining us through a video conference, you can use the raise your hand feature. When it is your turn to comment, staff will call you by name. A reminder that you can always provide public comment, written public comment before the meeting by sending an email to Comments at Bozeman.net or by visiting our public comment webpage on Bozeman.net. Any public comment received by noon today has been distributed to the commission and read by all of us. And it was a lot of reading. We will hear in person public comment first. We'll hear in-person public comment first, and followed by those joining via video conference to allow time for the remote attendees to cue up for the comments. Mayor Morrison is joining us via video from Great Falls. So there are five of us here today. And if you are now willing and able or willing or able, uh, we ask that you you stand and join us for the Pledge of Allegiance and a moment of silence. That is correct. Excellent. Do we have any FYI from the commission? Yes, just Commissioner Magic. Thank you. Um so many of us may know that the 2005 legislature made some changes to our property taxes. And the intent is to raise property taxes on second homes. And I just wanted to let everyone know who might have a second home who rents their second home. That March 1st is the deadline to get an application in to the Department of Revenue. And you could have your taxes potentially remain the same as if that were your uh primary residence. So Sunday, March 1st is the deadline to get your application in. And those applications can be found on the Department of Revenue's website at homestead mt.gov. Thank you. Commissioner Sweeney. Thank you. Um I just wanted to give two updates on advisory boards that met last week. Um at the historic preservation advisory board meeting, we met the consultants from the Lakota group that will be working on our neighborhood conservation overlay district design guidelines update. The board was overall impressed with the consultants and their grasp of the situation in Bozeman and their acknowledgement of the correlation between historic character and economic vitality. One public commenter during the meeting expressed interest in a tool that the consultant had used in the creation of design guidelines in other areas. The tool was the inclusion of color coding of the design guidelines that would differentiate between things the developer or homeowner must do and a guideline that has some leeway in it. So folks are already engaging. The board gave several really constructive recommendations on the engagement plan for this project, and I hope this body will agree to adopt those. When we review the plan at our regular meeting on March 10th, it's occurred to me that there are three ingredients necessary for a successful NCOD design guideline rewrite. Those are first that we engage a capable firm of consultants to draft a robust, defensible code and policy. Second, that the whole community show up to participate, making sure that the consultants hear them and incorporate their feedback into the final adopted policy and code. And third, finally, now that we are under the regulatory framework of the Montana Land Use and Planning Act, we need a city staff willing to uphold, apply, and defend the final adopted code and policy that does indeed reflect the wishes of the community. After meeting with the Lakota group, I am satisfied that we have the first ingredient.

SUMMARIZED BY OPENPUBLICA AI
TRANSCRIPT VIA PUBLIC VIDEO
openpublica.com