HomeMy WebLinkAbout12-15-20 FINAL MINUTES City Commission Meeting of Bozeman, MontanaBozeman City Commission Meeting Minutes, December 15, 2020
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THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Tuesday, December 15, 2020
00:05:34 Due to audio issues the meeting started at 6:14 PM.
Present:Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Michael Wallner, Jennifer Madgic
Absent:None
Staff Present in the Webex:City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk
(CC) Mike Maas
A)00:24:38 Call to Order -6:00 PM -Webex Videoconference
B)00:28:45 Pledge of Allegiance and a Moment of Silence
C)00:29:03 Changes to the Agenda
Consent items 7 and 8 will need to have a separate vote as a result of a conflict of interest.
E)00:30:15 FYI
DM Cunningham noted the first doses of the COVID-19 vaccine were received by Bozeman
Health.
Cr. Wallner asked for support to the City Manager to review the Citizen Advisory Boards for
recommendations in parallel with the Community Engagement Initiative.
CM Mihelich discussed the Bozeman Police Chief recruitment and the stakeholder engagement
process. He noted three Lucas Chest Compression devices are now available for the Fire
Department. He highlighted the Parks and Recreation Department's Santa Letter Tradition.
Cr. Madgic announced the Planning Board will meet on Monday, December 21, at 6 PM to hold
a brainstorming session on implementation of the Growth Policy.
F)00:35:36 Commission Disclosures
DM Cunningham disclosed a conflict of interest related to consent items 7 and 8. He will be
recusing himself as his spouse serves on the Bozeman Library Foundation.
G)00:36:46 Consent
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G.1 Accounts Payable Claims Review and Approval
Cover Page
G.2 Authorize the Mayor to Sign the Norton Ranch Phase 5 Preliminary Plat Findings of Fact
and Order, Application 18278
Cover Page
18278 CC FOF.docx
Norton Ranch Phase 5 Preliminary Plat (2020.11.18).pdf
G.3 Authorize the City Manager to Sign a Public Utility and Access Easement and Agreement
and a Utility Easement with Glen Haven Properties, Inc. for Mountain Vista Housing
Complex Site Plan (19460)
Cover Page
Public Utility and Access Easement and Agreement
Utility Easement
G.4 Authorize the City Manager to Sign a Sewer and Water Pipeline and Access Easement
and Agreement with Last Best Properties, LLC for Southbridge Living Site Plan (20173)
Cover Page
Sewer and Water Pipeline and Access Easement and Agreement.pdf
G.5 Authorize the City Manager to Sign Grant Agreement with Bridger Ski Foundation for
Cash-in-Lieu of Parkland as Authorized by Resolution 5206
Cover Page
BSF cash-in-lieu grant agreement - 2020-12-03 FINAL.pdf
G.6 Authorize the City Manager to Sign a Joint Funding Agreement with the U.S. Geological
Survey for the Continued Operation of the Real-time Streamflow Gauging Station on the
East Gallatin River
Cover Page
CC Memo_2020 JFA 120320.docx
USGS Agreement.pdf
G.9 Authorize the City Manager to Sign Task Orders 11 and 12 with Sanderson Stewart for
the Purpose of Right-of-Way Acquisition on the Griffin Drive - 7th to Rouse Project
Cover Page
20201023_Griffin Drive_TO11.pdf
20201104_Griffin Drive_TO12.pdf
G.10 Resolution 5243 Adopting the Update to the Fair Market Value of Land for Cash-in-Lieu
of Parkland Calculations
Cover Page
Res 5243 - Determination of CILP valuation 2020.docx
Exhibit A-Cash in Lieu of Parkland Report (1).pdf
G.11 Ordinance 2066, Final Adoption of the 1811 W. Koch Street Zone Map Amendment to
Designate 0.69 Acres as R-O, Residential Office, Application 20102
Cover Page
20102 1811 W Koch ZMA ordinance 2066.docx
20-102 ZMA Exhibit -8.5x11.pdf
00:37:10 City Manager Introduction
CM Mihelich presented the highlights of the consent agenda.
00:37:36 Public Comment
There were no public comments on consent items.
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00:41:51 Motion to approve Consent Items 1-6 and 9-11 as submitted.
Michael Wallner: Motion
Jennifer Madgic: 2nd
00:41:51 Vote on the Motion to approve Consent items 1-6 and 9-11 as submitted.The Motion passed 5
- 0
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
00:41:54 Consent II
G.7 Authorize the City Manager to Sign a Letter of Agreement Accepting a Donation in the
Amount of $174,785 from the Library Foundation for Phase 1 of the Bozeman Public
Library Expansion Project
Cover Page
Letter of Agreement for Bozeman Public Library Expansion Project
G.8 Authorize the City Manager to Sign a Professional Architectural Services Agreement with
MSR Design for Phase 1 of the Bozeman Public Library Expansion Project
Cover Page
Professional Architectural Services Agreement for Bozeman Public Library Expansion
Project
Scope of Services for Bozeman Public Library Expansion Project
Certificate of Insurance for Bozeman Public Library Expansion Project
00:42:23 Motion to approve Consent items 7 and 8 as submitted.
Michael Wallner: Motion
Jennifer Madgic: 2nd
00:42:31 Vote on the Motion to approve Consent items 7 and 8 as approved.The Motion passed 4 – 0.
Approve:
Cyndy Andrus
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
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None
H)00:42:34 Public Comment
00:44:03 Mark Egge, Public Comment
Mark Egge commented on the Unified Development Code (UDC) Community Platform. He requested the
Commission direct staff to enact UDC edits that support the goal of affordable housing. He commented
on the need for a clear process how suggestions are selected.
00:46:27 Jerry Pape, Public Comment
Jerry Pape commented as a member of the Planning Board in agreement with the previous comments.
He commented on the need to create processes be defined how edits to the UDC are presented to the
City Commission. He commented about openings on the Planning Board. He commented about concerns
about the relaxation of restrictions due to COVID-19.
00:50:54 Sam Atkins, Public Comment
Sam Atkins commented on the UDC Community platform.
00:53:03 Kevin Thane, Public Comment
Kevin Thane commented on the UDC Community platform.
00:58:10 Laura Dornberger, Public Comment
Laura Dornberger commented on the UDC Community platform and the need for transparency in the
process of items coming before the City Commission.
I)00:59:34 Action Items
I.1 00:59:46 Resolution 5226, to Discontinue, Abandon, and Vacate Street Rights-of-
way in Tract 1, Lots 1-3 of Gardner Simmental Plaza Subdivision, Located in Section 35,
Township 1 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana
Cover Page
Staff Report Res 5226.pdf
Resolution 5226.docx
Res 5226 Exhibit A.pdf
MDT Application.pdf
00:59:53 Staff Presentation
Engineer Kellen Gamradt presented the request by Montana Department of Transportation, the steps
outlined by Resolution 3628, the location of the right-of-way, the noticing of this item to adjacent
properties and in the Bozeman Daily Chronicle, a summary of the staff report, and staff's
recommendation.
01:05:12 Questions of staff
Cr. Pomeroy asked for clarification on the location of the right-of-way in question.
DM Cunningham asked why this abandonment was not part of the creation of the rest stop.
Mayor Andrus asked if this would or would not impact future development by the City.
01:09:44 Public Comment
Mayor Andrus opened this item for public comment.
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01:10:29 Rob Pertzborn, Public Comment
Rob Pertzborn commented on access to an adjacent property from Valley Center Road.
01:14:16 Staff Clarification
CM Mihelich noted the time to review access issues is if or when the property redevelops.
01:15:32 Motion after incorporating the information in the staff report, oral findings made by the
commission during the public hearing, information contained in the proposed resolution, and after
considering public comment, I hereby move to adopt Resolution 5226 to vacate and abandon City rights-
of-way in Lots 1-3 of the Gardner-Simmental Plaza Subdivision.
Jennifer Madgic: Motion
I-Ho Pomeroy: 2nd
01:15:36 Discussion
Cr. Madgic noted the amount of work required by such a request and that the correct policy and
requirements of Montana Code were followed. She found no detriment to the public interest.
Cr. Pomeroy agreed with Cr. Madgic and CM Mihelich's suggestions. She highlighted this rights-of-way
does not provide access nor are there any other plans to utilize in the Transportation Master Plan.
DM Cunningham highlighted the requirements as outlined by Resolution 3628.
01:18:45 Vote on the Motion to approve After incorporating the information in the staff report, oral
findings made by the commission during the public hearing, information contained in the proposed
resolution, and after considering public comment, I hereby move to adopt Resolution 5226 to vacate and
abandon City rights-of-way in Lots 1-3 of the Gardner-Simmental Plaza Subdivision.The Motion passed 5
– 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
I.2 01:18:47 Continuation of a Public Hearing for Text Amendment Application 20195
Creating a New Type of Housing, Apartment Building, Limited, from December 15, 2020
to January 5, 2020
Cover Page
01:19:27 Staff Presentation
Community Development Manager Chris Saunders noted the process by which the request was made to
continue this item.
01:20:02 Public Comment
There were no public comments.
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01:20:43 Staff Clarification
CA Sullivan noted that any comments made tonight would need to return to be considered part of the
public hearing.
01:23:04 Motion to continue public hearing to January 5, 2021.
I-Ho Pomeroy: Motion
Terry Cunningham: 2nd
01:23:05 Vote on the Motion to continue public hearing to January 5, 2021. The Motion passed 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
I.3 01:23:27 Ordinance 2061, Provisional Adoption to Revise Definitions and
References to Clarify a Consistent Meaning and Application of Front Setbacks in all
Zoning Districts. No Changes to Dimensional Standards are Included with this
Amendment. Revise Affected Sections to Implement the Revisions. Application 20147
Cover Page
20147 Ord 2061 Front Setbacks ZCA - CC report.docx
Ordinance 2061 - Definition of front setback Provisional Adoption - Revised 12-1-
2020.docx
20-147 Front Setback Public Comment 11-23-2020.pdf
01:23:33 Staff Presentation
Manager Saunders presented the selection criteria for text amendments, the changes in the Ordinance,
the MCA Zoning Criteria of Evaluation, a summary of public comments on this Ordinance, and the
recommendation of staff.
01:28:59 Questions of Staff
DM Cunningham asked about excluded language from the suggestion by public comment to the Zoning
Commission. He asked about issues submitted in written comments by Mr. Egge. He asked if the issues
raised have caused staff to consider delay on this Ordinance.
Cr. Wallner asked if staff could provide examples how these changes would impact their decision making
process. He asked how this proposed change impacts affordable housing in Bozeman. He asked how this
change impacts the process for citizens' applications. He asked the City Manager and Community
Development Director's opinions on the changes.
01:39:41 Public Comment
Mayor Andrus opened this item to public comment.
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01:40:07 Mark Egge, Public Comment
Mark Egge commented his opinion that this item has been provided for review as a result of a
development application he has submitted. He referenced his written public comment and the effect on
corner lots.
01:41:57 Nicole Olmstead, Public Comment
Nicole Olmstead commented as a member of the Zoning Commission to commend staff for
incorporating the discussions of the Zoning Commission. She noted the Zoning Commission did not
receive the comments presented by Mr. Egge.
01:45:07 Jerry Pape, Public Comment
Jerry Pape commented on a historical example of corner lots. He commented on the role of design
standards. He commented that this needs to be reviewed as a taking by the City.
01:51:29 Clarification of Staff
01:52:08 Additional Questions of Staff
DM Cunningham noted the issues raised by corner lots resulting in two front yards and asked about
unintended consequences of this text amendment. He asked about engineering design standards review
and if that is the time to address the size of setbacks.
Mayor Andrus asked about the discussion of setbacks and if they are the result of any specific
application.
01:59:25 Motion 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 20147, Ordinance 2061 and move to provisionally adopt Ordinance 2061.
Terry Cunningham: Motion
Michael Wallner: 2nd
01:59:27 Discussion
DM Cunningham agreed with staff's findings on criteria E-K and B-D. He stated difficulty with criteria A
and this application's adherence with the Growth Policy.
Cr. Madgic stated this item is administrative in nature and her acceptance of staff's expertise in their
application of intended regulation in an attempt to provide clarity to the Bozeman Municipal Code
(BMC).
Cr. Pomeroy stated this item provides clarity in the BMC.
Mayor Andrus noted confusion surrounding setbacks during her tenure and this provides clarity. She
stated this is not a policy change and those discussions can be held in the future.
02:07:18 Vote on the Motion 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 20147, Ordinance 2061 and move to provisionally adopt Ordinance 2061.The Motion
passed 5 – 0.
Approve:
Cyndy Andrus
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Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
02:07:29 Recess
Mayor Andrus called the meeting into recess.
02:08:19 Call to Order
Mayor Andrus called the meeting back to order
I.4 02:08:15 Ordinance 2062, Provisional Adoption to Revise Language for Clarity and
Consistent Application of First Floor Required Height Standards in Five Mixed-Use and
Non-Residential Zoning Districts, and Revise Paragraph a.1 of Subchapter 4b of the
Bozeman Guidelines for Historic Preservation and the Neighborhood Conservation
Overlay District. No Changes to Maximum Height Dimensional Standards are Included
with this Amendment. Revise Affected Sections to Implement the Revisions.
Cover Page
20147 Building Height amendments Ordinance 2062.pdf
20147 Ord 2062 Building Heights Part 1 ZCA - CC report.pdf
UDC Platform - Floor to Ceiling Height - 11.23.20 Comment - Susan Riggs.pdf
UDC Platform - Floor to Ceiling Height - 11.23.20 Comment - RJP.pdf
02:08:26 Staff Presentation
Planner Jacob Miller presented proposed Ordinance, its applicability, the proposed revisions, the MCA
Zoning Criteria of Evaluation, a summary of public comments, and recommendations.
02:13:59 Questions of Staff
Cr. Wallner asked for clarity on how this change would impact maximum height dimensional standards.
Cr. Madgic asked if the Zoning Commission addressed the floor-to-ceiling change to floor-to-floor
standard. She asked if there were additional areas in the UDC that would require changes to
accommodate such a change.
Cr. Pomeroy stated she is looking forward to discussions on building heights in April 2021.
DM Cunningham asked for staff's response to the public comment that affordable housing should be
exempt from this Ordinance. He asked if such an exemption is possible with tonight's Ordinance.
02:18:57 Clarification of Staff
CM Mihelich noted a Request for Proposal (RFP) for an outside review of the UDC with respect for
affordable housing is about to be released.
02:20:00 Questions of Staff Continued
DM Cunningham asked about the potential to pass the Ordinance with an exemption for the UMU.
Mayor Andrus asked about the impact of changing to the floor-to-floor standard. She asked about
combining notes by subject.
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02:23:04 Public Comments
Mayor Andrus opened this item for public comment.
02:24:20 Jason Delmue, Public Comment
Jason Delmue commented on the change in applying these standards to apartment buildings as a
substantive change and not merely a house keeping item. He commented on the applicability of these
standards at the edge of the B-3 zone.
02:28:42 Jerry Pape, Public Comment
Jerry Pape commented in support of the previous commenter and the need to update the UDC.
02:32:53 Tracy Menuez, Public Comment
Tracy Menuez asked for permission to be allowed to comment on this item and the next due to audio
issues. She commented on the exemption of residential uses from Ordinance 2062. Concerning
Ordinance 2063, she commented this is a one-size fits all approach that may impact flexible design and
create a barrier to affordability.
02:37:11 Clarification of Staff
CM Mihelich stated agreement with Mr. Pape on the complicated nature of the UDC. He described two
RFP's aimed at amending the UDC for affordable housing and overall clarity.
02:38:27 Questions Continued
Cr. Wallner asked for clarification on the recommended motion.
Cr. Madgic asked about public comments requesting an exemption of apartments from this Ordinance.
She asked about the nature of the Ordinance as a housekeeping matter.
Cr. Pomeroy asked if issues raised in public comments will be reviewed during the April 2021 UDC
Amendments.
DM Cunningham if an amendment exempting residential ground floor uses in the UMU district would be
in conflict with the Growth Policy.
02:46:24 Motion 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 20147 and move to provisionally adopt Ordinance 2062.
Michael Wallner: Motion
Jennifer Madgic: 2nd
02:46:47 Discussion
Cr. Wallner provided findings in agreement with staff's findings.
02:48:10 Motion to amend the Ordinance to measure from floor-to-floor instead of floor-to-ceiling,
including staff's change of the distance from 13 feet to 15 feet.
Jennifer Madgic: Motion
Terry Cunningham: 2nd
02:48:51 Discussion on the Amendment
Cr. Madgic noted the floor-to-floor standard is more aligned with architectural standards.
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DM Cunningham noted matching language used in the larger design community is beneficial.
Mayor Andrus will support as it will not have material impact or result in other changes to the code.
02:50:53 Vote on the Amendment the Ordinance to measure from floor-to-floor instead of floor-to-ceiling,
including staff's change of the distance from 13 feet to 15 feet.The Motion passed 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
02:51:15 Clarification of Staff
CA Sullivan asked to clarify that the intent was not to amend the numerical standards.
02:52:22 Discussion Continued
DM Cunningham noted he was looking at residential exemptions in this Ordinance but understands in
conformance with the new Growth Policy that such requests need to be made by applicants. He stated
his hope to see the review for affordable housing to allow for such changes.
Mayor Andrus stated there is a need for work to be done to facilitate affordable housing and looks
forward to the RFP for third-party review.
02:56:34 Vote on the Original Motion 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 20147 and move to provisionally adopt Ordinance 2062.The Motion passed 5
– 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
I.5 02:56:47 Ordinance 2063, Provisional Adoption Amending Section 38.360.210 of
the Bozeman Municipal Code to Clarify that a Residential Front Door Must Face the
Street and Providing an Effective Date
Cover Page
Commission Staff Report for Application 20147 for Ord 2063 Entryway Face Street.docx
Ordinance 2063, Provisional Entryway facing street CC V2.docx
Public comment Riggs comment 11-23-202.pdf
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Public comment UDC Platform - Front Doors - 11.23.20 Comment - RJP e.pdf
02:57:07 Staff Presentation
Design Review Manager Brian Krueger provided a summary of the text amendment, the history of the
request for amendment, the changes in the Ordinance, examples of design and neighborhood character
in the City, why the standard exists, alternative designs available via departure, the MCA Zoning Criteria,
a summary of public comments, and recommendations.
03:06:14 Questions of Staff
Cr. Madgic provided specific examples in Bozeman and asked whether they would comply with the
amendment in the Ordinance. She highlighted the Growth Policy's encouragement of missing middle
housing and how cottage housing approaches would comply with this Ordinance. She asked if the goal is
to eliminate particular types of housing dominated by garages.
Cr. Pomeroy asked if there are buildings with doors not facing the street.
DM Cunningham asked how long the administrative policy has been in effect requiring front entrances
face the street. He asked about the desire for privacy as related to doors facing the street. He asked
about written comments submitted by Mr. Pertzborn that clearly indicated entrances to a building are
without a door facing the street. He asked for clarity on the available departure. He asked about the role
of flexibility in housing.
Cr. Wallner asked how this proposed change impacts affordable housing in Bozeman. He asked how the
proposed change impacts the process for applicants. He asked the opinion of the City Manager and the
Community Development Director on the Ordinance.
03:40:15 Public Comment
Mayor Andrus opened this item for public comment.
03:42:18 Susan Riggs, Public Comment
Susan Riggs commented about the definition fronting on to a street and how that applies to basement
apartments, duplexes, triplexes, and four-plexes. She noted the concept of hidden density. She asked
about the possibility of language that would allow alternatives without having to go through the
departure process.
03:43:52 Jerry Pape, Public Comment
Jerry Pape commented that the City Commission is being misled and challenged the eyes on the street
agenda effect on safety. He commented this is a class issue removing privacy of residents. He
commented on public safety access and package delivery.
03:47:52 Christopher Scott, Public Comment
Christopher Scott, acting Chair of the Zoning Commission, commented on the effect of weather on north
facing required entries. He commented that this standard goes too far.
03:50:01 Mark Egge, Public Comment
Mark Egge commented on walkability and that flexibility provides affordability. He commented on
flexibility by right, not exception. He commented on prioritizing updates for affordable housing.
03:52:15 Meeting extended
Mayor Andrus extended the meeting to 10:05 PM.
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03:53:17 Nicole Olmstead, Public Comment
Ms. Olmstead, a member of the Zoning Commission, commented on whether this type of restriction is
appropriate to be considered in the UDC.
03:55:00 Motion 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 20147 and move to recommend approval of Ordinance 2063.
Jennifer Madgic: Motion
I-Ho Pomeroy: 2nd
03:55:26 Discussion
Cr. Madgic noted the need for clarity in the UDC, community character, good neighborhoods, variety of
housing types, and integrated housing. She stated they should not be supporting subdivisions that are a
sea of single family homes. She noted she would rather have a variety of home types and that is how
historical districts look. She commended the concept of hidden density.
04:00:12 Meeting Extended
Mayor Andrus extended the meeting to 10:15 PM.
04:00:14 Discussion Continued
Cr. Pomeroy agreed with Cr. Madgic on housing affordability. She stated she would not support the
motion as it limits flexibility.
DM Cunningham made the finding that the Ordinance does not demonstrate accordance with the
growth policy.
Cr. Wallner agreed with Mr. Egge's comments on flexibility supports affordability. He stated making all
front entrances face the street is not in the best interest of the community. He stated the need to
minimize cumbersome processes.
Mayor Andrus stated her primary concern for this matter was safety related. As a result of public
comment, she agreed there are other ways to indicate where the front entrance is. She stated she is
convinced that this regulation is too prescriptive.
04:09:46 Vote on the Motion to free form 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 20147 and move to recommend approval of Ordinance 2063. The Motion failed
0 – 5.
Approve:
None
Disapprove:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
J)04:09:53 FYI / Discussion
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Cr. Wallner asked if he had support from two Commissioners for review of the Advisory Boards.
Cr. Madgic stated support.
Cr. Pomeroy stated support.
DM Cunningham stated issue with the timeframe.
Mayor Andrus stated she support the idea but not the timeframe.
CM Mihelich stated he would add this to the work program for 2021.
K)04:12:57 Adjournment
___________________________________
Cynthia L. Andrus
Mayor
ATTEST:
___________________________________
Mike Maas
City Clerk
PREPARED BY:
___________________________________
Mike Maas
City Clerk
Approved on: February 23, 2021
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