HomeMy WebLinkAbout04-20-21 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, April 20, 2021
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THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Tuesday, April 20, 2021
Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn
Absent: None
Staff Present in the Webex: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk
(CC) Mike Maas
A) 00:06:15 Call to Order - 6:00 PM - WebEx Videoconference
B) 00:09:17 Pledge of Allegiance and a Moment of Silence
C) 00:09:56 Changes to the Agenda
There were no changes to the agenda.
D) 00:10:11 FYI
• DM Cunningham noted the public meetings related to the removal of regulatory barriers to
affordable housing.
• Cr. Pomeroy noted the City-County Board of Health meeting on April 22, 2021 at 7:00 am.
• Cr. Coburn offered his congratulations to the award winners at the Prospera Awards luncheon.
He shared his gratitude for the events of this past weekend.
• CM Mihelich noted the signing of legislation to remove a tool utilized in the furtherance of
affordable housing. He highlighted the City's Covid-19 Business Relief Fund provided to 50 local
businesses.
E) 00:15:18 Commission Disclosures
• Cr. Pomeroy noted she met with the Meadow Creek neighborhood.
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F) 00:15:41 Consent
F.1 Accounts Payable Claims Review and Approval
F.2 Authorize the City Manager to Sign a Release and Reconveyance of Easements,
Releasing Document 2702994, and a Sewer and Water Pipeline and Access Easement
and Agreement with Bozeman Boulder LLC for the Palisades Condominium Project
(20117)
Release and Reconveyance
Sewer & Water Pipeline and Access Easement & Agreement
F.3 Ratify the Signatures of the City Manager and the Chief of Police on a Memorandum of
Understanding Committing to Collaborate on the Gallatin Project, an Effort to Sustain a
Community Free From Fear of Family Violence, Sexual Assault, and Intimidation
Memorandum of Understanding
F.4 Authorize the City Manager to Execute an Assignment Agreement and its Incorporated
Documents with Glen Kraft
Assignment Agmt_signedbyKraft
Consideration Document_signedbyKraft
F.5 Authorize the City Manager to Sign a Fiscal Year 2022 Montana State University (MSU)
Fire Service Agreement
City of Bozeman FY 22 Interlocal Agreement - Montana State University (MSU) - Fire
Safety Services.pdf
F.6 Authorize City Manager to Sign a Professional Services Agreement with WBI Energy
Corrosion for Cathodic Protection System Testing
Cathodic Protection Testing PSA.docx
Exhibit A - Scope of Services.pdf
F.7 Authorize the City Manager to Sign a Professional Services Agreement for Engineering
Service with Consulting Design Solutions, INC. for Story Mill Community Center HVAC
Renovation
Professional Services Agreement for Engineering Service, Story Mill Community Center
HVAC Renovation.pdf
PSA Exhibit A - Story Mill Community Center HVAC Renovation.pdf
F.8 Authorize the City Manager to Sign an Addendum to Professional Agreement for Swim
Center Janitorial Services
First Addendum to Professional Services Agreement for Recreation Facility Janitorial
Services_2021.pdf
Scope of Services Attachment A_2021.pdf
18- Professional Services Agreement - Above and Beyond Janitorial - Swim Center
Janitorial Services.pdf
F.9 Authorize the City Manager to Sign an Amendment 4 to the Professional Services
Agreement for the 2018-2021 Materials Testing Contract with Morrison-Maierle, Inc. for
the Purpose of Obtaining Materials Testing on Various City Projects for the 2021
Construction Season
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Amendment 4.pdf
18- Professional Services Agreement - Morrison-Maierle, Inc. - 2018 to 2021 Materials
Testing.pdf
F.10 Resolution 5290, Intent to Create Special Improvement Lighting District 764 for Walker
Property Sub Lot 3 Block 5 P.U.D.
Resolution 5290 Intent to Create SILD 764-Walkder Property Sub Lot 3 Blk 5 PUD.docx
Exhibit A-Walker Property Sub Lot 3 Blk 5 PUD.pdf
Exhibit B-Walker Property Sub Lot 3 Blk 5 PUD.pdf
F.11 Resolution 5295, a Resolution of the City Commission of the City of Bozeman, Montana,
Confirming the Appointment of Police Officers in Accordance with Montana Code
Annotated 7-32-4108 and 7-32-4113
Resolution 5295
F.12 Resolution 5296, Intent to Create a Special Improvement Lighting District 765 for Haven
Shelter
Resolution 5296 Intent to Create SILD 765-Haven Shelter.docx
Exhibit A-Haven Shelter SILD 765.pdf
Exhibit B-Haven Shelter SILD 765.pdf
F.13 Resolution 5298, Authorizing Change Order No. 1 to the WRF Solids Dewatering Building
Expansion and Headworks Improvement Project
Resolution 5298_CO No. 1_WRF Solids Handling_040821
CO 1_Wrf Solids Handling
F.14 Resolution 5299, Authorizing Prime Change Order 10 with Langlas and Associates for
Construction of the Bozeman Public Safety Center
Resolution_5299 CO10.docx
BPSC Job No. 19426 Prime CO #10 R1 signed STL.pdf
19426 Change Estimate Log 04.01.21.pdf
F.15 Resolution 5300, Authorizing Prime Change Order 11 with Langlas and Associates for
Construction of the Bozeman Public Safety Center
Resolution_5300 CO11.docx
BPSC Job No. 19426 Prime CO #11 signed STL.pdf
19426 Change Estimate Log 04.01.21.pdf
F.16 Ordinance 2061, Final 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
Ordinance 2061 - Definition of front setback Final Adoption.docx
F.17 Ordinance 2073, Final Adoption Amending Chapter 22, BMC, Creating a Second Full
Time Elected Office of Municipal Court Judge
Ordinance 2073 Final - Second Read.pdf
SB0127.pdf
00:15:52 City Manager Introduction
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CM Mihelich provided the highlights of the Consent Agenda.
00:16:25 Public Comment
There were no public comments on the Consent Agenda.
00:19:29 Motion to approve Consent items 1-17 as submitted.
Jennifer Madgic: Motion
Christopher Coburn: 2nd
00:19:53 Vote on the Motion to approve Consent items 1-17 as submitted. The Motion carried 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
G) 00:19:58 Public Comment
Mayor Andrus opened general public comment. She requested commenters on action items hold their
comments until the items are up on the agenda.
00:23:13 Heidi Genito, Public Comment
Heidi Genito commented on the shortage of housing in Bozeman.
H) 00:26:26 Action Items
H.1 00:26:33 Resolution 5261, Amending the Fiscal Year 2021 (FY21) Budget for the
Community Housing Fund for the Purpose of Impact Fee Reimbursement for Emergency
and Transitional Housing Projects
Resolution 5261 Budget Amendment Community Housing Fund.docx
HFV impact fee reimbursement request.pdf
Haven Impact Fees.pdf
00:26:48 Staff Presentation
Finance Director Kristin Donald presented the resolution background and the remaining funds available.
00:28:42 Questions of Staff
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00:30:39 Public Comment
There were no public comments on this item.
00:33:54 Motion to approve Resolution 5261 Amending the Fiscal Year 2021 (FY21) Budget for the
Community Housing Fund for the Purpose of Impact Fee Reimbursement for Emergency and transitional
Housing Projects.
Christopher Coburn: Motion
I-Ho Pomeroy: 2nd
00:34:08 Discussion
00:39:38 Vote on the Motion to approve Resolution 5261 Amending the Fiscal Year 2021 (FY21) Budget
for the Community Housing Fund for the Purpose of Impact Fee Reimbursement for Emergency and
transitional Housing Projects. The Motion carried 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
H.2 00:39:55 South University District Phase 3 Amended Preliminary Plat and
Subdivision Variance to Revise Conditions of Approval for Application 19090, a 10 Lot
Major Subdivision Located Southeast of the Intersection of Kagy Boulevard and S. 19th
Avenue, Relating to Installation of Infrastructure and On-Site Construction, Application
21066 (Quasi-judicial)
21066 CC Staff Report - Final.pdf
Application Packet for Agendas.pdf
19- Findings of Fact and Order - South University District Phase 3 Major Subdivision,
Application 19090.pdf
IA SUD Ph3 - CC DRAFT 4-9-2021.docx
00:40:12 Staff Presentation
Community Development Program Manager Chris Saunders presented application 21066. He presented
the requested changes to conditions of approval and a subdivision variance. He presented the proposed
amendments to the preliminary plat related to infrastructure phasing, the noticing requirements, there
have been no public comments, and the recommendations of staff and the Planning Board.
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00:44:09 Questions of Staff
00:52:29 Applicant Presentation
Cordell Poole from Stahly Engineering presented on behalf of the applicant. He presented the efforts to
work with staff to develop infrastructure simultaneously with development. He stated he has read the
staff report and agrees with all conditions.
00:54:40 Questions of Applicant
00:55:26 Public Comment
Mayor Andrus opened this item for public comment.
00:57:26 Jerry Pape, Public Comment
Jerry Pape commented on his own behalf, as a consultant and broker for the South University District.
He commented on the amount of work done in furtherance of large planning projects like the South
University District.
01:02:44 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 21066
and move to approve the subdivision variance to Article 38.270 with conditions and subject to all
applicable code provisions.
I-Ho Pomeroy: Motion
Terry Cunningham: 2nd
01:03:18 Discussion
Cr. Pomeroy provided findings in support of the motion.
DM Cunningham provided findings in agreement with staff's findings that the application meets the
City's required criteria.
Cr. Madgic stated her support for the motion and agreement with previous findings. She noted the
complexity of a large scale development and a phasing strategy.
Cr. Coburn stated his support for the motion and agreement with staff's findings.
Mayor Andrus stated her support for the motion.
01:08:24 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
21066 and move to approve the subdivision variance to Article 38.270 with conditions and subject to all
applicable code provisions. The Motion carried 5 – 0.
Approve:
Cyndy Andrus
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Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
01:08:46 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 21066
and move to approve the subdivision with conditions and subject to all applicable code provisions.
I-Ho Pomeroy: Motion
Terry Cunningham: 2nd
01:09:19 Discussion
Cr. Pomeroy stated her support for the motion.
01:10:23 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
21066 and move to approve the subdivision with conditions and subject to all applicable code provisions.
The Motion carried 5 – 0.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
None
H.3 01:10:45 Buffalo Run Annexation, Adoption of Resolution 5284, and Zone Map
Amendment, Provisional Adoption of Ordinance 2069, Annexing and Zoning 20.79 Acres
Located at 5400 Fowler Lane, and Establishing an Initial Zoning Designation of R-4,
Residential High Density District, and Authorize City Manager to Sign the Buffalo Run
Annexation Agreement and Easement for Fowler Lane.
21076 Buffalo Run Annx-ZMA CC Staff Report.pdf
21076 Buffalo Run ZC App Packet.pdf
21076 Buffalo Run Annx Res 5284.docx
Annexation Map 02-23-2021.pdf
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21076 Buffalo Run AA final with applicant signatures.pdf
Annexation Map 02-23-2021.pdf
Public Street and Utility Easement_Buffalo Run w app signatures.pdf
6475002 PUBLIC STREET EASEMENT - Exhibit.pdf
21076 Buffalo Run ZMA ord 2069.docx
Initial Zoning Map 02-23-2021.pdf
20210316_Kurk Drive volume memo.pdf
01:11:04 Staff Presentation
CM Mihelich provided background on the project. Program Manager Saunders presented the application
21076, entered the staff report and attachments, application materials, Zoning Commission
recommendation, all the public comment, and packet materials into the record. He presented the action
before the Commission tonight and noted this portion of the process does not authorize any
construction. He presented the project context, the Growth Policy Future Land Use Map (FLUM) and its
applicable category of Urban Neighborhood, the annexation pattern since 2000, nearby City zoning,
utilities and land use plan boundaries, existing and planned City sewer and water pipes, and a
neighboring excerpt from the City Transportation Master Plan. He presented the review criteria and
staff analysis, and the review purposes of annexation and zone map amendment. He presented the
annexation goals and policies from Resolution 5076, the zoning criteria for state statute, the correlated
implementing zoning allowable by the FLUM, a comparison of neighboring R-1 and R-4 zoning, the
proximity of higher intensity zoning to unincorporated areas, the character of the district, and what a
zone map amendment does and does not commit the City to. He presented the public comments
received and recommendations of staff and the Zoning Commission.
01:41:41 Questions of Staff
02:49:13 Staff Clarification
Mayor Andrus requested the clarification on the protest threshold and the impact on the action tonight.
02:50:51 Meeting went into Recess
02:52:33 Meeting Reconvened
02:52:42 Applicant Presentation
Derek Williams, property owner and applicant, his partner Courtney McRickard, and Rob Pertzborn from
Intrinsik Architecture presenting the application. Mr. Perzborn presented the urban service boundaries,
the on-the-ground views, a 2005 aerial view photo, a 2020 aerial view photo, potential future
developments in the area, the FLUM w Transportation Master Plan overlay, the Community Plan's
definition of urban neighborhood, the area map, allowable uses in R-4 zoning, what the applicant's
vision for the development could be, a concept plan, current zoning, possible future zoning, wetlands
and watercourses, potential future development in the area, applicable 2020 Community Plan goals,
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applicable Community Housing Action Plan strategies, applicable Bozeman Climate Plan strategies, and
the approximate project schedule.
03:03:31 Questions of Applicant
03:31:04 Clarification of Applicant
Derek Williams provided clarification on the applicant's water and sewer studies results. He provided an
explanation of responses to public comments from their initial application that was withdrawn.
03:36:02 Public Comment
Mayor Andrus opened this item for public comment.
03:40:50 Lucas Foust, Public Comment
Lucas Foust commented in favor of development at the R-3 zoning level. He highlighted the traffic
concerns on Kurk Drive.
03:43:01 David Parker, Public Comment
David Parker commented as the Meadow Creek HOA Vice President in opposition to the development of
an R-4 zoning at this site as not in conformance with the Growth Policy.
03:45:16 Joan Cook, Public Comment
Joan Cook commented in opposition to the application.
03:48:04 Lavonne Rus-Ogilvie, Public Comment
Lavonne Rus-Ogilvie commented in opposition to the application.
03:50:10 Steve Krezminski, Public Comment
Steve Krzminski commented in opposition to the application.
03:53:14 Brian Koukol, Public Comment
Brian Koukol commented in opposition to the application and recommended R-3 zoning.
03:56:00 Laura Miles, Public Comment
Laura Miles commented as a member of the Meadow Creek HOA Board of Directors in opposition to the
application and recommended R-3 zoning.
03:59:12 Alzada Roche, Public Comment
Alzada Roche commented in support of the R-4 application.
04:02:02 Meeting Extended
Mayor Andrus extended the meeting until 10:45 PM.
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04:02:02 Craig Ogilvie, Public Comment
Craig Ogilvie commented in opposition to the application. He recommended R-3 zoning.
04:05:01 Bruce Parker, Public Comment
Bruce Parker, President of Meadow Creek HOA, commented in opposition to the application.
04:07:29 Diane Brawner, Public Comment
Diane Brawner, adjoining property owner, commented in opposition to R-4 zoning.
04:11:02 Dave Owen, Public Comment
Dave Owen commented in opposition to the application.
04:13:26 William Smallen, Public Comment
William Smallen commented in opposition to R-4 zoning and recommended R-3 zoning.
04:16:18 Mark Koscinski, Public Comment
Mark Koscinski commented in opposition to the application for R-4 zoning.
04:20:00 Ursula Neese, Public Comment
Ursula Neese commented in opposition to the application.
04:23:05 Lorre Jay, Public Comment
Lorre Jay commented in opposition to the application.
04:27:14 Martha Koscinski, Public Comment
Martha Koscinski commented in opposition to the application.
04:30:16 Forrest Schoessow, Public Comment
Forrest Shoessow commented in opposition to the application.
04:33:52 Colin Ogilvie, Public Comment
Colin Ogilvie commented in opposition to the application. He opined that the process appears one-
sided.
04:36:44 Stacey Deck, Public Comment
Stacey Deck commented in opposition to the application.
04:39:28 Kate Ryan, Public Comment
Kate Ryan commented in opposition to the application for R-4 zoning.
04:40:59 Molly Siverts, Public Comment
Molly Siverts commented in opposition to the application and recommended R-3 zoning.
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04:43:28 Brett Gunnink, Public Comment
Brett Gunnink commented in opposition to the application.
04:44:57 Tom Kubit, Public Comment
Tom Kubit commented in opposition to the application.
04:46:56 Meeting Extended and Called to recess.
Mayor Andrus extended the meeting until 11:15 and called for a brief recess.
04:54:18 Call to Order
Mayor Andrus called the meeting back to order.
04:54:48 Response of Applicant
Derek Williams, Courtney McRickard, and Rob Pertzborn responded to public comments.
04:58:11 Response of Staff
CM Mihelich responded to public comments.
05:00:36 Process Clarification
Mayor Andrus asked if the Commission wanted to continue the item.
05:04:55 Staff Clarification
CA Sullivan clarified what continuation of the item would mean for the decision making process. CM
Mihelich noted the considerations related to continuation.
05:07:13 Commission Discussion on Continuation
05:11:26 Motion to extend the meeting until 11:35 PM.
Terry Cunningham: Motion
Christopher Coburn: 2nd
05:12:13 Vote on the Motion to extend the meeting until 11:35 PM. The Motion carried 3 – 2.
Approve:
Terry Cunningham
I-Ho Pomeroy
Christopher Coburn
Disapprove:
Cyndy Andrus
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Jennifer Madgic
05:12:07 Motion Having reviewed and considered the staff report, application materials, public
comment, and all information presented, I hereby adopt the findings related to annexation presented in
the staff report for application 21076 and move to approve Resolution 5284, the Buffalo Run Annexation
and Authorize the City Manager to Sign the Buffalo Run Annexation Agreement and Easement for Fowler
Lane.
Terry Cunningham: Motion
Jennifer Madgic: 2nd
05:12:38 Discussion
DM Cunningham presented findings in agreement with staff. He stated disagreement with public
comments that the City was creating allowances for the developer. He will support annexation.
Cr. Madgic stated she is unlikely to support the motion. She provided findings citing the Gallatin County
Growth Policy and the Bozeman Growth Policy in contradiction of staff's findings. She stated this
appears to be leap-frog development, and fosters sprawl development. She noted the transit and
walkability scores as deficient. She stated her opinion that this will take a leap-of-faith for necessary
development and that the current County zoning is appropriate for the property at this time.
Cr. Coburn stated his support for the motion. He stated agreement with staff and the Deputy Mayor's
findings. He stated his opinion that high density development will help spur transit options and
commercial nodes in the area.
Cr. Pomeroy stated her understanding of the concerns of the neighborhood and the housing crisis. She
stated her support for the motion.
Mayor Andrus noted the requirements contained within the annexation agreement. She provided
findings in agreement with the annexation policies and the Growth Plan. She cited the Gallatin County
Growth Policy and the Bozeman Area Plan in support for the annexation application.
During the vote on this item, Commissioner Pomeroy experience a brief technical issue and rejoined the
meeting.
05:38:38 Vote on the Motion Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings related to annexation
presented in the staff report for application 21076 and move to approve Resolution 5284, the Buffalo Run
Annexation and Authorize the City Manager to Sign the Buffalo Run Annexation Agreement and Easement
for Fowler Lane. The Motion carried 4 – 1.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Christopher Coburn
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Disapprove:
Jennifer Madgic
05:39:59 Motion to extend the meeting until 11:59 PM.
Terry Cunningham: Motion
Christopher Coburn: 2nd
05:40:43 Vote on the Motion to extend the meeting until 11:59 PM. The Motion carried 3 – 1.
Approve:
Terry Cunningham
Jennifer Madgic
Christopher Coburn
Disapprove:
Cyndy Andrus
Absent:
I-Ho Pomeroy
05:41:32 Motion Having reviewed and considered the staff report, application materials, public
comment, and all information presented, I hereby adopt the findings related to zoning presented in the
staff report for application 21076 and move to provisionally adopt Ordinance 2069, the Buffalo Run Zone
Map Amendment.
Terry Cunningham: Motion
Jennifer Madgic: 2nd
05:41:58 Discussion
DM Cunningham presented findings in agreement with staff's findings. He stated higher density
development is necessary to spur future infrastructure improvements. He stated R-4 is compatible in
this area.
Cr. Madgic stated she will not support R-4 zoning at this time.
Cr. Coburn stated he will support the motion and agreed with staff findings. He stated the R-4 zoning is
supported by the applicable plans and growth policies.
Cr. Pomeroy stated agreement with DM Cunningham and Cr. Coburn. She stated the way to preserve
open space is through high density. She stated she will support the motion.
Mayor Andrus stated she will support the R-4 zoning. She highlighted how this plan complies with the
City's Growth Policy and Gallatin County's growth documents in the promotion of health, safety, and
basic services. She stated that R-4 zoning meets the requirements. She provided comments on the
character of the district. She noted that transportation availability is not a prerequisite.
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06:04:10 Motion to extend the meeting to 12:09 AM.
Terry Cunningham: Motion
Christopher Coburn: 2nd
06:04:21 Vote on the Motion to extend the meeting to 12:09 AM. The Motion carried 4 – 1.
Approve:
Terry Cunningham
I-Ho Pomeroy
Jennifer Madgic
Christopher Coburn
Disapprove:
Cyndy Andrus
06:04:48 Vote on the Motion Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings related to zoning presented in
the staff report for application 21076 and move to provisionally adopt Ordinance 2069, the Buffalo Run
Zone Map Amendment. The Motion carried 4 – 1.
Approve:
Cyndy Andrus
Terry Cunningham
I-Ho Pomeroy
Christopher Coburn
Disapprove:
Jennifer Madgic
I) 06:05:23 FYI / Discussion
J) 06:05:35 Adjournment
___________________________________
Cynthia L. Andrus
Mayor
ATTEST:
___________________________________
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Mike Maas
City Clerk
PREPARED BY:
___________________________________
Mike Maas
City Clerk
Approved on: May 11, 2021
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