HomeMy WebLinkAbout02-02-21 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, February 2, 2021
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THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
February 2, 2021
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, Deputy City Clerk (DCC) Jesse DiTommaso
A) 00:11:26 Call to Order - 6:00 PM - WebEx Video Conference
B) 00:15:49 Pledge of Allegiance and a Moment of Silence
C) 00:16:27 Changes to the Agenda
• There were no changes to the agenda.
D) 00:16:37 FYI
• CM Mihelich noted that the City of Bozeman received the number one ranking for economy by
Policom for the fourth year in a row.
E) 00:17:45 Commission Disclosures
• DM Cunningham disclosed related to F4 that his company had a connection to a recipient of the
Covid grant programs.
F) 00:19:44 Consent
F.1 Accounts Payable Claims Review and Approval
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F.2 Approve the Depository Bonds and Pledged Securities as of December 31, 2020
Cover Page
Commission Memo - Pledged Securities - Approval 1220.doc
Depository Bonds & Securities 1220.doc
F.3 Approve the Local Government Entity Reimbursement for COVID-19 Submission and
Ratify the City Manager and Mayor's Signatures
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LGE-Certification-Form-for-COVID-19-Reimbursement-March-1---October-31.pdf
LGE-COVID-19-Reimbursement-Form_March-1-Oct-31.xlsx
F.4 Recommend Non-Profit Entities and Amounts to be Awarded for City Non-Profit COVID
Relief Grants and Authorize City Manager to Sign a Professional Service Agreements for
These Grants
Cover Page
Table 1 - Memo Packet.pdf
Chart 1 - Memo Packet.pdf
F.5 Authorize the City Manager to Sign a Professional Services Agreement with Water and
Environmental Technologies, Inc. (WET), to Provide Environmental Consulting Services
Pertinent to the East Gallatin Landfill
Cover Page
Professional Services Agreement
Exhibit A: Scope of Services
F.6 Authorize the City Manager to Sign an Amendment Two to the Professional Services
Agreement with Sanderson Stewart for the Story Mill Road Reconstruction from Bridger
to Griffin and Bridger/Story Mill Intersection Improvements Project
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Bridger-Story Amendment No. 2.pdf
F.7 Resolution 5249, Intent to Create Special Improvement District (SID) Number 762 for the
Purpose of Undertaking Certain Local Improvements to South 6th Avenue from Babcock
Street to Cleveland Street and Financing the Costs Thereof
Cover Page
RES 5249.docx
Exhibit A.pdf
Exhibit B.pdf
Exhibit C.pdf
Letter to Property Owners - Exbhibit D.doc
NOTICE OF PASSAGE OF RESOLUTION OF INTENT - Exhibit E.doc
PROTEST FORM Special Improvement District Creation.docx
F.8 Resolution 5254, Intent to Create a Special Improvement Lighting District 763 for
Bridger View Redevelopment P.U.D.
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Resolution 5254-Intent to Create SILD 763-Bridger View Redevelopment.docx
Exhibit A-Bridger View Redevelopment SILD 763.pdf
Exhibit B-Bridger View Redevelopment SILD 763.pdf
F.9 Resolution 5257, Adopting the Bozeman City Commission Priorities for 2021
Cover Page
Resolution 5257 Commission Priorities for 2021.docx
F.10 Ordinance 2067, Provisional Adoption Amending the Zoning Map to Establish 10.6154
Acres as REMU, Residential Emphasis Mixed-use, 8.18998 Acres as R-5, Residential
Mixed Use High Density, and 71.6945 Acres as B-2M, Community Business District-
Mixed, Norton Ranch 2020 Zone Map Amendment, Application 20288
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Ordinance 2067 Norton Ranch 2020 ZMA No 20288.docx
14300 X-ZMA (2021.01.14).pdf
00:19:48 City Manager Introduction
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CM Mihelich provided the highlights of the consent agenda.
00:20:42 Public Comment
Mayor Andrus opened the Consent Items for public comments.
00:22:23 Emily Talago, Public Comment
Emily Talago commented on the City's Covid-19 grant awards and provided the opinion that it may be
more effective to award fewer applicants with large capacities to maximize community impact.
00:24:48 Motion to approve Consent Items 1 - 10 as submitted.
Jennifer Madgic: Motion
I-Ho Pomeroy: 2nd
00:25:14 Vote on the Motion to approve Consent Items 1 - 10 as submitted. The Motion carried 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
G) 00:25:40 Public Comment
Mayor Andrus opened general public comment.
00:28:03 Christopher Nixon, Public Comment
Christopher Nixon, President of Sacagawea Audubon Society, commented on World Wetlands Day and
efforts to preserve wetlands in Bozeman.
00:31:14 Emily Talago, Public Comment
Emily Talago commented on the Commission Priorities and the number of Plans adopted by the City.
H) Special Presentation
H.1 00:34:30 Update on City's Local COVID 19 Programs
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CM Mihelich presented the City of Bozeman's COVID Relief Programs. He presented the uses of the
$4.25 Million from State Coronavirus Relief Fund for a reserve fund, COVID Non-profit Support Program,
COVID Business Support Program, and City Operations.
I) 00:43:42 Action Items
I.1 00:43:40 Authorize the City Manager to Sign an Interlocal Agreement Between
City of Bozeman, City of Missoula, Missoula County, and City of Helena to Inform the
Development of a Green Tariff
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Interlocal Agreement_20200202.pdf
RFP for Green Tariff Consultant_20201117.pdf
00:43:57 Staff Presentation
Sustainability Program Manager Natalie Meyer presented the Climate Plan 2020 goals, the background
of a Green Tariff, the process, and the agreement.
00:49:47 Questions of Staff
01:04:10 Public Comment
Mayor Andrus opened this item for public comments.
01:07:13 Christopher Nixon, Public Comment
Christopher Nixon commented in favor of the Interlocal Agreement.
01:08:51 Motion to authorize the City Manager to sign an interlocal agreement between City of
Bozeman, City of Missoula, Missoula County, and City of Helena to inform the development of a green
tariff.
I-Ho Pomeroy: Motion
Terry Cunningham: 2nd
01:09:15 Discussion
01:15:09 Commissioner Madgic had to exit the meeting.
Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Michael Wallner
Absent: None
01:15:22 Discussion Continued
01:16:49 Commissioner Madgic rejoined the meeting.
Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Michael Wallner, Jennifer Madgic
Absent: None
01:16:50 Vote on the Motion to authorize the City Manager to sign an interlocal agreement between City
of Bozeman, City of Missoula, Missoula County, and City of Helena to inform the development of a green
tariff. The Motion carried 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Jennifer Madgic
Disapprove:
None
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I.2 01:17:50 Appeal IFA-2021-1 from BARTIMCO PROPERTIES/SAWMILL GULCH
PROPERTIES of an Administrative Decision of the City Manager Regarding a Request for
Listing of Certain Improvements on the Capital Improvements Program (CIP) in
Association with Development of Nelson Meadows Subdivision and a Request for
Impact Fee Credits (Quasi-Judicial)
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Decision Letter from City of Bozeman CM 12-17-2020.pdf
Appeal package - Received 1-05-2021.pdf
Saunders Memo to City Manager for review final.pdf
Single Packet of 7-16-2020 applicant materials.pdf
12.04.20 Letter to Saunders - Supplemental Application - Impact Fee Credits. v2 pdf.pdf
01:19:25 Staff Presentation
Community Development Manager Chris Saunders entered all packet materials, including the appeal
materials, staff recommendation, and the administrative record into the record of this meeting. He
presented the background on Impact Fees. He presented the five matters under appeal of Nelson Road
construction and right-of-way, Prince Lane construction and right-of-way, and the Northerly Right-of-
way; he presented the five criteria for determination of Impact Fees and a summary of staff findings, the
two public comments received have been provided, and staff's recommendation and the five motions
provided.
01:26:33 Questions of Staff
01:52:37 Appellant Presentation
Kent Merselis, Barnard Construction, and Susan Swimley, Swimley Law, presented for the appellant. Mr.
Merselis stated their request is for credits they can sell to developers on the property. Their three points
they presented in their appeal were:
The City reclassified an easement to become a right-of-way along the northern boundary, reducing the
saleable land by 1.4 acres. He noted their objection to the method of changing from the easement to
the right-of-way.
The City required Nelson Meadows to be increased from a local street standard to a collector street
standard to accommodate future growth. He noted their objection to the change from an easement to a
right-of-way, reducing saleable land and increasing construction costs.
The City required the extension of Prince Lane from the intersection of Royal Wolf to the southern
property lane. He noted Montana Rail Link and Montana Department of Transportation both said Prince
Lane would not be connected to the intersection of Frontage Road and E Valley Center Spur.
He stated the following claims for damages are legally valid.
01:56:38 Commissioner Madgic left the meeting.
Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Michael Wallner
Absent: None
02:03:16 Questions of Appellant
02:06:33 Mayor Andrus called a 5 minute recess.
02:08:58 Mayor Andrus called the meeting back to order.
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02:08:56 Questions of the Appellant
02:14:49 Public Comment
Mayor Andrus opened this item for public comments.
02:17:15 Emily Talago, Public Comment
Emily Talago commented the esoteric nature of the proceeding and on the risk of litigation for the City.
02:18:46 Ralph Zimmer, Public Comment
Ralph Zimmer commented on his own behalf as a retired transportation planner. He commented on the
safety improvements related to Valley Spur and Frontage Road intersection where the proposed Prince
Lane would connect. He commented on the considerations of bike and pedestrian connections.
02:25:45 Motion having heard and considered the administrative record, appeal materials, and
presentations by staff and the appellant, I find no error with the staff’s determination and uphold the
decision that dedication of a right of way, instead of an easement, on the northerly boundary of Nelson
Meadows Subdivision does not qualify for inclusion in the CIP.
Terry Cunningham: Motion
Michael Wallner: 2nd
02:26:22 Discussion
DM Cunningham stated that the appeal of the northern boundary and agreed with staff's findings that it
is not a capacity expanding project. He stated this does not qualify for criteria number three and not
eligible for the CIP.
Cr. Wallner agreed with DM Cunningham.
Cr. Pomeroy agreed it is not a CIP item and will support the motion.
Mayor Andrus agreed that not all criteria have been met as the item is not on the CIP.
02:32:44 Vote on the Motion having heard and considered the administrative record, appeal materials,
and presentations by staff and the appellant, I find no error with the staff’s determination and uphold the
decision that dedication of a right of way, instead of an easement, on the northerly boundary of Nelson
Meadows Subdivision does not qualify for inclusion in the CIP. The Motion carried 4 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Disapprove:
None
02:32:54 Motion having heard and considered the administrative record, appeal materials, and
presentations by staff and the appellant, I find no error with staff’s determination and uphold the
decision that the dedication of land to construct Nelson Road to a collector street standard does not
qualify for inclusion in the CIP.
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Terry Cunningham: Motion
Michael Wallner: 2nd
02:33:25 Discussion
DM Cunningham stated the land dedication is not capacity enhancing and is part of the project. He
agreed with staff's findings.
Cr. Wallner added that the land dedication is not capacity expansion and agreed with staff that the
criteria have not been met.
Cr. Pomeroy stated that criteria have not been met and agreed with staff's findings.
Mayor Andrus agreed that all five criteria have not been met. It is not listed on the CIP and cannot be
funded.
02:37:22 Vote on the Motion having heard and considered the administrative record, appeal materials,
and presentations by staff and the appellant, I find no error with staff’s determination and uphold the
decision that the dedication of land to construct Nelson Road to a collector street standard does not qualify
for inclusion in the CIP. The Motion carried 4 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Disapprove:
None
02:37:50 Motion having heard and considered the administrative record, appeal materials, and
presentations by staff and the appellant, I find no error with staff’s determination and uphold the
decision that the dedication of land to construct Prince Lane to a local street standard does not qualify
for inclusion in the CIP.
Terry Cunningham: Motion
Michael Wallner: 2nd
02:38:09 Discussion
DM Cunningham stated the expansion of Prince Lane was related to the plat and because it is a local
street it is not part of the transportation system. All local streets are project related and not eligible for
impact fee credits.
Cr. Wallner agreed with staff's findings.
Cr. Pomeroy stated that criteria two has not been met and agreed with staff's findings.
Mayor Andrus agreed with staff's findings that local streets are not capacity expanding and are project
related improvements, nor listed on the CIP.
02:40:41 Vote on the Motion having heard and considered the administrative record, appeal materials,
and presentations by staff and the appellant, I find no error with staff’s determination and uphold the
decision that the dedication of land to construct Prince Lane to a local street standard does not qualify for
inclusion in the CIP. The Motion carried 4 – 0.
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Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Disapprove:
None
02:41:07 Motion having heard and considered the administrative record, appeal materials, and
presentations by staff and the appellant, I find no error with staff’s determination recommending that
construction costs of expanding Nelson Road to collector street standard not be prioritized for inclusion
in the CIP.
Terry Cunningham: Motion
Michael Wallner: 2nd
02:41:31 Discussion
DM Cunningham stated that some of the criteria were met; however, it was not included in the CIP after
recommendation of Staff and the Impact Fee Advisory Committee were acted upon by the City
Commission. He will support the motion.
Cr. Wallner agreed with DM Cunningham's conclusions and will support the motion.
Cr. Pomeroy stated the criteria of being included in the CIP was not met.
Mayor Andrus concurred
02:44:04 Vote on the Motion having heard and considered the administrative record, appeal materials,
and presentations by staff and the appellant, I find no error with staff’s determination recommending that
construction costs of expanding Nelson Road to collector street standard not be prioritized for inclusion in
the CIP. The Motion carried 4 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Disapprove:
None
02:44:28 Motion having heard and considered the administrative record, appeal materials, and
presentations by staff and the appellant, I find no error with staff’s determination and uphold the
decision that construction costs of Prince Lane do not qualify for inclusion in the CIP.
Terry Cunningham: Motion
Michael Wallner: 2nd
02:44:49 Discussion
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DM Cunningham stated his appreciation for public comment. He stated the need for the Commission to
learn the material related to appeals of this nature. He noted the Prince Lane is a local street it is not
part of the transportation plan and not a part of the CIP; therefore, he will support the motion.
Cr. Wallner agreed with DM Cunningham's conclusions.
Cr. Pomeroy agreed with staff's findings that Prince Lane is not part of the transportation system and
therefore not eligible for impact fee funding.
Mayor Andrus agreed the request does not meet the criteria.
02:48:26 Vote on the Motion having heard and considered the administrative record, appeal materials,
and presentations by staff and the appellant, I find no error with staff’s determination and uphold the
decision that construction costs of Prince Lane do not qualify for inclusion in the CIP. The Motion carried
4 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Disapprove:
None
I.3 02:48:48 Northwest Crossing Phase 1 Major Subdivision Preliminary Plat for the
Subdivision of 146.21 Acres into Fifteen (15) Developable Lots, Fifteen (15) Restricted
Development Lots, the Park Master Plan, Easements, and Right-of-Way Zoned B-2M and
REMU (Quasi-judicial)
Cover Page
20113 Staff Report 1-26-21.pdf
19440 & 20113 Park Master Plan CC Memo 1-26-21.pdf
19440 Staff Report Final - Signed.pdf
19440 Park Master Plan Combined.pdf
20113 Plat Page 1
20113 Plat Page 2
20113 Plat Page 3
20113 Plat Page 4
20113 Plat Page 5
02:48:55 Staff Presentation
Parks Planning and Development Manager Addi Jadin and Planner Danielle Garber presented the staff
report, the memo and all application materials into the public record. Manager Jadin presented the
application for Park Master Plan, the project vicinity, the master plan, the vision for Homestead Park,
park improvements-in-lieu provided, and the parkland in the Phase 1 Preliminary Plat. Planner Garber
presented the Phase 1 Preliminary Plat, the project's zoning districts, the Future Land Use Map
designations, the current status of the site, the proposed plat, and the recommendation of the Planning
Board and staff.
02:58:43 Questions of Staff
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03:10:46 Applicant Presentation
Matt Ekstrom, from Morrison-Maeirle, presented for the applicant. He stated agreement with the staff
report and conditions as written. He elaborated on the plans for the existing drain system and site
buildup.
03:13:49 Questions of Applicant
03:14:36 Public Comment
Mayor Andrus opened this item for public comment.
03:16:56 Christopher Nixon, Public Comment
Christopher Nixon commented on his own behalf, that the drain tiles exist to drain what was formerly
wetlands. He commented on the loss of wetlands from past activity in the valley.
03:19:33 Loreene Reid, Public Comment
Loreene Reid commented on her own behalf and not any organization. She commented on developing
on wetlands and riparian areas and how that aligns with the Commission priority of wetlands.
03:22:51 Sherry Staub, Public Comment
Sherry Staub commented on the wetlands in the proposed development. She commented on the
removal of the tile drain and te potential to increase wetlands.
03:24:20 Staff Clarification
CM Mihelich responded to public comments on wetlands.
03:25:14 Additional Questions
03:27:32 Motion 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 19440
and 20113 related to the Northwest Crossing Park Master Plan and move to approve the Park Master
Plan with conditions and subject to all applicable code provisions.
Michael Wallner: Motion
I-Ho Pomeroy: 2nd
03:27:56 Discussion
Cr. Wallner agreed with staff's findings and that the Recreation and Parks Advisory Board recommended
approval. He noted the conditions have been agreed to by the applicant. He noted the 10 acre
dedication of wetlands and watercourse.
Cr. Pomeroy agreed with Cr. Wallner and public comments related to wetlands.
03:34:48 Vote on the Motion 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
19440 and 20113 related to the Northwest Crossing Park Master Plan and move to approve the Park
Master Plan with conditions and subject to all applicable code provisions. The Motion carried 4 – 0.
Approve:
Cyndy Andrus
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Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Disapprove:
None
03:35:04 Motion 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 20113
and move to approve the subdivision with conditions and subject to all applicable code provisions.
Michael Wallner: Motion
I-Ho Pomeroy: 2nd
03:35:23 Discussion
Cr. Wallner provided his findings in agreement with staff's recommendations.
Cr. Pomeroy agreed with Cr. Wallner and staff's findings. She will support the motion.
DM Cunningham noted the commercial node in the vicinity of Gallatin High School. He noted the need
for a mix of housing types in the future development. He will support the motion.
Mayor Andrus stated she will support the motion.
03:43:50 Vote on the Motion to approve Recommended Motion Preliminary Plat Application:
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 20113 and move to
approve the subdivision with conditions and subject to all applicable code provisions. The Motion carried
4 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Disapprove:
None
J) 03:44:14 Appointments
03:44:18 Public Comment
Mayor Andrus opened public comments on appointments.
03:44:52 Emily Talago, Public Comment
Emily Talago commented her support for Chandler Dayton to the member-at-large position for the
Northeast Urban Renewal Board.
J.1 03:47:51 Appointments to the Bozeman Historic Preservation Advisory Board
(BHPAB)
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07-02-20 CAB Application - S. Donnelly, Professional Designation.pdf
08-04-20 CAB Application - L. Arthun.pdf
10-23-20 CAB Application - L. Semones.pdf
06-15-20 CAB Application - C. Holling, Professional Designation, reapplication.pdf
03:48:34 Motion to appoint two members, Chelsea Holling and Savannah Donnelly, to the Bozeman
Historic Preservation Advisory Board to the professional designation positions with terms expiring June
30, 2022 and two members, LaDeen Arthun and Linda Semones, to the at-large positions with terms
expiring June 30, 2022.
Michael Wallner: Motion
I-Ho Pomeroy: 2nd 03:48:34 Vote on the Motion appoint two members, Chelsea Holling and Savannah Donnelly, to the
Bozeman Historic Preservation Advisory Board to the professional designation positions with terms
expiring June 30, 2022 and two members, LaDeen Arthun and Linda Semones, to the at-large positions
with terms expiring June 30, 2022. The Motion carried 4 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Disapprove:
None
J.2 03:48:40 Appointments to the Northeast Urban Renewal Board (NURB)
Cover Page
07-02-20 CAB Application - M. E. Barlow.pdf
07-07-20 CAB Application - C. Nixon.pdf
01-11-21 CAB Application - N. Van Dusen.pdf
01-13-21 CAB Application - E. Daws.pdf
06-25-20 CAB Application - C. Dayton.pdf
03:49:48 Motion to appoint members to the Northeast Urban Renewal Board with the following
positions and terms:
one non-voting member, Eric Daws, with a term expiring July 31, 2022
one non-voting member, Christopher Nixon, with a term expiring July 31, 2024
one voting member at-large, Natalie Van Dusen, with a term expiring July 31, 2024
one voting resident within the district, Ethan Barlow, with a term expiring July 31, 2022
I-Ho Pomeroy: Motion
Terry Cunningham: 2nd 03:49:48 Vote on the Motion to appoint members to the Northeast Urban Renewal Board with the
following positions and terms:
one non-voting member, Eric Daws, with a term expiring July 31, 2022
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one non-voting member, Christopher Nixon, with a term expiring July 31, 2024
one voting member at-large, Natalie Van Dusen, with a term expiring July 31, 2024
one voting resident within the district, Ethan Barlow, with a term expiring July 31, 2022. The Motion
carried 4 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Disapprove:
None
J.3 03:49:53 Appointment to the Pedestrian and Traffic Safety Committee (PTSC)
Cover Page
12-22-20 CAB Application - L. A. Kudrna, new applicant.pdf
03:50:35 Motion to appoint one member, Liz Ann Kudrna, to the City Appointee (Voting) position on the
Pedestrian and Traffic Safety Committee to a term ending December 31, 2022.
Michael Wallner: Motion
I-Ho Pomeroy: 2nd
03:50:35 Vote on the Motion to appoint one member, Liz Ann Kudrna, to the City Appointee (Voting)
position on the Pedestrian and Traffic Safety Committee to a term ending December 31, 2022. The Motion
carried 4 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Michael Wallner
Disapprove:
None
K) 03:50:40 FYI / Discussion
• Cr. Wallner responded on economic impacts related to the Covid grants. He stated distributing
more broadly leads to a factor ripple effect.
• DM Cunningham stated smaller non-profits may be more impacted than larger entities.
L) 03:53:53 Adjournment
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___________________________________
Cynthia L. Andrus
Mayor
ATTEST:
___________________________________
Mike Maas
City Clerk
PREPARED BY:
___________________________________
Mike Maas
City Clerk
Approved on: March 23, 2021
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