Bozeman commission authorizes consensus facilitator for Fowler housing project over objections, 4-1

The Bozeman City Commission voted 4-1 to authorize the city manager to sign a professional services agreement with Whole System Performance LLC for a consensus-based facilitation process tied to the Fowler housing project.

Commissioner Emma Bode moved the action; the motion passed with Commissioner Allison Sweeney the lone dissent. Supporters on the dais and city staff described the process as an intensive, neutral engagement tool that could help the city gather community design preferences for the parcel and potentially produce a roadmap for future contentious issues.

What was authorized: The action (formerly consent item G8) allows the City Manager to contract with consultant Diane Groves of Whole System Performance to lead a consensus-based engagement process. City staff said the consensus work is expected to begin toward the end of the month and will take time depending on community input.

Legal concerns raised: Multiple public speakers asked the commission to resolve potential legal constraints before spending funds on the consensus process. Heather Higgs, identifying herself as representing the Harvest Creek subdivision, cited a 2016 memorandum of agreement tied to the property sale that she said required preservation of trees, open space and an irrigation ditch and warned that a housing development could violate those terms. Higgs asked that commissioners determine whether they “have the legal right to develop this parcel of land” before approving the $29,000 facilitator contract.

Commissioners’ responses: Commissioner Bode said protections already exist in the Unified Development Code for ditches and that many questions depend on future project design; she argued the consensus process could produce designs that preserve open space. Deputy Mayor Douglas Fisher and others said their legal team was looking into questions raised and expressed confidence staff had “our bases covered” while noting that any formal annexation, rezoning or decisions would return to the commission in the full light of the public process. Commissioner Sweeney said she would vote against awarding the contract until written legal findings addressing the public-comment concerns are issued.

Vote and immediate effect: The commission approved the professional-services authorization 4-1; no legal finding was produced at the meeting. The consensus process will proceed to schedule meetings and public engagement as described in the contract authorization.

Next steps: Staff said the consensus process results will be provided to the commission and any future land-use or annexation decisions would proceed through standard public hearings and legal review.