HomeMy WebLinkAbout01-27-20 FINAL MINUTES City Commission Meeting of Bozeman, MontanaPage 1 of 13
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, January 27, 2020
Mayor - Chris Mehl: Present
Deputy Mayor - Cynthia Andrus: Present
Commissioner - I-Ho Pomeroy: Present
Commissioner - Terry Cunningham: Present
Commissioner - Michael Wallner: Present
Staff Present at the Dais: Interim City Manager (ICM) Dennis Taylor, City Attorney (CA) Greg Sullivan,
Strategic Services Director Jon Henderson, Interim City Clerk (ICC) Mike Maas
A. 06:00:05 PM (00:02:33) Call to Order – 6:00 PM - Commission Room, City Hall, 121 North Rouse
B. 06:00:15 PM (00:02:42) Pledge of Allegiance and a Moment of Silence
C. 06:00:52 PM (00:03:20) Changes to the Agenda
There were no changes to the agenda.
D. 06:00:59 PM (00:03:27) Public Service Announcement
There were no public service announcements.
E. 06:01:12 PM (00:03:40) FYI
• ICM Taylor offered an update on the City Manager search
• Cr. Cunningham offered a report of a presentation by Dr. Anthony Cook. He questioned if the sale
of Fire Station 1 could be related to affordable housing.
F. 06:03:11 PM (00:05:39) Commission Disclosures
There were no disclosures.
G. 06:03:19 PM (00:05:47) Consent
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1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres)
2. Appoint a Sub-committee of Two Commissioners to Review Pledged Securities as of
December 31, 2019 (Clark)
3. Resolution 5134, Adoption of the Nahorniak Annexation to Annex 1.1942 Acres at 5170
Durston Road, and Authorize the Interim City Manager to Sign the Annexation Agreement,
Application 19335 (Saunders)
4. Ordinance 2038, Provisional Adoption of the Nahorniak Zone Map Amendment to Designate
Approximately 1.1942 Acres as R-4, Residential High Density, at 5170 Durston Road,
Application 19335 (Saunders)
5. Authorize the Interim City Manager to Accept an Easement and to Sign a Public Utility
Easement in Association with the Nahorniak Annexation at 5170 Durston Road, Application
19335 (Saunders)
6. Authorize the Interim City Manager to Sign a Public Use Easement with Bozeman High School
District Number 7 for the 15th Ave and Beall Roundabout Project (Kohtz)
7. Authorize the Interim City Manager to Sign a Professional Services Agreement with
Rainmaker/Sprinkler Supply Company to Extend Irrigation at the Bozeman Sports Park (Jadin)
8. Authorize the Interim City Manager to Sign a Professional Services Agreement with Core
Control Inc., for Zone Control Upgrade at Alfred Stiff Professional Building (Gray)
9. Authorize the Interim City Manager to Sign Construction Agreement with Lutey Construction-
The Craftsman, Inc., for the Alfred Stiff Professional Building Renovation Project (Gray)
10. Authorize the Interim City Manager to Sign a First Addendum to the Professional Architectural
Services Agreement with Architecture 118, LLC for Additional Construction Administration
Services for the Alfred Stiff Professional Building Remodel Phase 2 (Henderson)
11. Authorize the Interim City Manager to Sign a Professional Services Agreement with TD&H
Engineering for Engineering Development Services (Lehigh)
12. Authorize the Interim City Manager to Sign a Second Amendment to the 2017 – 2019 Sub-
Recipient Agreement for the City of Bozeman’s Community Development Block Grant (CDBG)
Revolving Loan Fund (RLF) with the Gallatin Development Corporation, DBA the Prospera
Business Network (Fontenot)
13. Authorize the Interim City Manager to Sign a Professional Services Agreement with Stifel,
Nicolaus & Company for Underwriting Services for the Refinancing Downtown Urban Renewal
Tax Increment Financing District Series 2007 Bonds. (Donald)
14. Ratify the Signature of the Interim City Manager on the Professional Services Agreement with
Matthew A. Madsen, of M Squared Consulting for Administrative Support to the Community
Housing Program (Andreasen)
15. Ratify the Signature of the Interim City Manager on the Professional Services Agreement with
The Nest Collective, for Consulting and Design Services for the Parks and Trails Special District
Education Effort (Mileur)
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06:03:44 PM (00:06:12) Public Comment
There was no public comment.
06:04:02 PM (00:06:29) Motion and Vote to approve Consent Items 1-15 as submitted. The motion
passed 5-0.
Commissioner - Michael Wallner: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Mayor - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
Commissioner - Michael Wallner: Approve
H. 06:04:29 (00:06:57) Consent II – Items Acted Upon Without Prior Unanimous Vote
1. Ordinance 2037, Final Adoption of the 2504 W. Mendenhall Street Zone Map Amendment to
Designate Approximately 0.978 Acres as R-3, Residential Medium Density, Application 19462
(Saunders)
2. Approve the Final Plat for Catron Crossing Subdivision and Authorize the Director of Public
Works to Execute the Same on Behalf of the City of Bozeman; the Director of Community
Development to Execute the Improvements Agreements on Behalf of the City of Bozeman,
Application 19425 (Saunders)
06:04:56 PM (00:07:23) Public Comment
There were no public comments.
06:05:07 PM (00:07:35) Motion and Vote to the approve Consent II Items 1 and 2 as submitted. The
motion passed 5-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Terry Cunningham: 2nd
Mayor - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
Commissioner - Michael Wallner: Approve
I. 06:05:32 PM (00:08:00) Public Comment
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Mayor Mehl opened public comments.
06:06:15 PM (00:08:43) Greg Findley, Public Comment
Mr. Findley stated climate change is very important for the future of the City. He asked that it be made a
top priority for the coming year.
06:07:09 PM (00:09:37) Sarah Blessing, Public Comment
Ms. Blessing stated that young people fear that their future is being diminished by the climate crisis and
that quality of life is being affected. She asked that it be made a top 5 priority for the City for the next
year.
J. 06:08:11 PM (00:10:39) Special Presentations
1. 06:08:25 PM (00:10:53) HAVEN Regarding Emergency Housing and Domestic Violence
(Coyle)
06:08:44 PM (00:11:12) Special Presentation
Executive Director Erica Coyle presented on domestic violence in Bozeman and their efforts to support
survivors. She provided a snapshot of services in 2019, trends in their services, and statewide trends in
comparison to Gallatin County. She spoke to approaches to reverse trends in the community.
06:18:04 PM (00:20:32) Questions of Presenter
Cr. Cunningham asked about the courts response to domestic violence and how to best inform judges
about current research. He asked about HAVEN’s campaign to open a new facility.
Cr. Pomeroy asked about occupancy at HAVEN’s current facility. She asked about the increase in
affected minorities. She asked about the increase in services in different fiscal years. She asked about
increased size of facility and how it meets the needs of the community.
DM Andrus asked about changes at the federal or state level that would facilitate their services. She
asked about funding for services.
Mayor Mehl asked about Haven’s Support Line, 406.586.4111. He asked about other partners
supporting HAVEN’s mission.
2. 06:33:43 PM (00:36:11) State of the City (Mehl)
06:34:59 PM (00:37:27) State of the City
Mayor Mehl stated the state of the City is strong and that Bozeman is a dynamic growing city. He spoke
of the importance of climate change, tax relief, and asked the question, “What kind of City should we be
in five, ten, or twenty years?” He highlighted four major components that will allow Bozeman to control
its future and the community can determine what kind of city we want to build for tomorrow: Inclusive
growth, innovative collaboration, focus on data collection and present it to the public, and to actively
seek community input.
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3. 06:59:09 PM (01:01:37) City Street Lighting Evaluation and Joint Presentation with
Northwestern Energy (Gamradt)
06:59:40 PM (01:02:08) Joint Presentation
Engineering Inspector Kellen Gamradt, Sustainability Program Manager Natalie Meyer, City Engineer
Shawn Kohtz, Dane Sanders with Clanton & Associates, and Director of Community Connections Rick
Edwards, Director of Project Management Blaine Nichols, and General Counsel Sarah Norcott with
NorthWestern Energy presented the results of the City’s Street Light Evaluation.
07:49:40 PM (01:52:08) Questions of Presenters
Cr. Pomeroy asked about NWE’s retrofit project of 500 utility owned streetlights and shielding additions.
Cr. Wallner asked about the balance between street lighting and light intrusion. He asked about future
technology to replace LEDs.
DM Andrus asked about unidentified light ownership. She asked about the City owned lights’ ability to
be dimmed and shielded. She asked about metered lighting. She asked about NWE regulatory issues to
dimming utility owned lights.
Cr. Cunningham asked about obstacles to light distribution patterns.
Mayor Mehl asked about the balance between safety and reduced light levels. He asked about reporting
and responsibility for repair for lighting.
Cr. Pomeroy asked about the special situation of Willson Avenue light replacement.
Mayor Mehl asked about the phasing out of high-pressured sodium lights.
08:16:36 PM (02:19:04) Public Comment
Mayor Mehl opened this item for public comments.
08:16:54 PM (02:19:22) Emily Kelly, Public Comment
Ms. Kelly commented regarding light trespass, specifically on Baxter Lane. She identified that there were
no standards defined for roundabouts.
08:19:23 PM (02:21:51) Denny Staggs, Public Comment
Mr. Staggs commented regarding how back light affected his residence at the intersection of Davis
Street and Baxter Lane. He spoke to the effect of snow on lighting patterns and the effect of one-for-one
light substitution in NorthWestern Energy’s project. He recommended fixing lights before adding lights.
08:22:46 PM (02:25:14) Staff Response to Public Comment
Engineer Kohtz spoke to the timetable to respond to citizen complaints in a safe manner. He informed
the Commission on the light standard’s direction of lighting within the right-of-way to address the
comment on roundabouts. He spoke to the focus on residential areas adjacent to arterial and collector
streets.
08:25:58 PM (02:28:26) Discussion
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DM Andrus spoke to the opportunity for upgrading to newer technology as part of the City’s retrofit.
Cr. Pomeroy spoke to assisting citizens with issues related to light intrusion.
Cr. Wallner spoke to prioritizing areas that have received citizen complaints.
DM Andrus encouraged NorthWestern Energy to look into addressing regulatory barriers to cost
adjustments for reduced energy usage sooner rather than later.
Cr. Cunningham stated his concern of light intrusion and the unknown ownership of streetlights. He also
agreed that addressing citizen complaints should be priority. He asked NWE to notify the City of its
approach to the Public Service Commission to change the rate of streetlights.
Mayor Mehl spoke to the balance of safety and neighborhood impacts.
08:32:40 PM (02:35:08) Staff Clarification
ICM Taylor commented on the implementations of the new standards in new subdivisions and the
increased difficulty and cost in addressing the older sections of town.
08:33:16 PM (02:35:44) Recess
Mayor Mehl called a recess until 8.41.
08:43:07 PM (02:45:34) Call to Order
Mayor Mehl called the meeting back to order.
K. 08:43:09 PM (02:45:37) Action Items
1. 08:43:26 PM (02:45:53) Review and Update of the Strategic Plan and Goal Setting for Fiscal
Year 2021 Budget (Taylor)
08:43:21 PM (02:45:49) Staff Presentation
ICM Taylor Introduced the Strategic Plan and spoke to the progress of the process that began two and a
half years ago. He highlighted completed projects from 2019. He presented the previous overarching
themes, priorities, the focus for 2020, unresolved issues and emerging needs.
Director Henderson presented the work plan smartsheet tool staff uses to prioritize and track progress on
strategic planning items.
09:01:50 PM (03:04:18) Questions of Staff
Cr. Wallner asked about the end date on the annexation analysis and study item.
Mayor Mehl asked a follow up regarding policy creation and implementation.
Cr. Wallner stated about collaborative governance as it relates to community outreach. He asked about
the Historic Preservation Board training. He asked about broadband and fiber as an essential
infrastructure and the option for putting additional budgetary considerations into this item.
DM Andrus asked about Tier 2 items that were not completed and if they are still underway.
Cr. Cunningham asked about Push Notifications. He asked about the public comment component of
items to add items to the strategic plan.
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Cr. Pomeroy asked about the Gender Pay Equality Policy for vendors and suppliers. She asked about the
project to increase transparency and access for City documents.
Mayor Mehl asked about the status of Community Outreach’s communications plan.
Cr. Pomeroy asked about coordination with the county as part of community outreach.
Mayor Mehl asked about the Commission’s preference on public comments
09:31:00 PM (03:33:28) Danica Jameson, Public Comment
Ms. Jameson stated that her number one priority would be to use the City’s climate action plan as a
filter by which all other priorities within the City should be judged.
09:34:15 PM (03:36:43) Chris Nixon, Public Comment
Mr. Nixon spoke on behalf of the Sacagawea Audubon Society and the Wetland Preservation Project
Committee for the mitigation of wetlands within Bozeman. He asked that mitigation of wetlands be
added to the list of priorities for the City.
09:38:12 PM (03:40:40) Lily Deford, Public Comment
Ms. Deford spoke representing the Gallatin Watershed Council in support of reprioritization of wetland
mitigation and keeping wetland mitigation efforts locally.
09:41:37 PM (03:44:05) Loreene Reid, Public Comment
Ms. Reid spoke as the past President of the Sacagawea Audubon Society and a member of the WPP to
the work accomplished by the community and asked that the City prioritize wetlands in Bozeman.
09:44:10 PM (03:46:38) Anne Ready, Public Comment
Ms. Ready spoke to the importance of wetlands to the community. She spoke to the importance of
wetlands in the face of climate change.
09:45:45 PM (03:48:13) Motion to approve the following 2020 Commission Priorities as the Strategic
Plan priorities for 2020.
Commissioner - Michael Wallner: Motion
Deputy Mayor - Cynthia Andrus: 2nd
09:46:17 PM (03:48:45) Discussion
Mayor Mehl asked about Tier 1 priorities keeping in mind the ICM’s comments on program complexity.
Cr. Cunningham stated that he did not believe any of the top five priorities should drop off but offered
that the Climate Action Plan be elevated as an addition to the top five priority list. He stated he did not
think it would require additional staff time or new activity but would symbolically indicate to the
community that it is a top priority and the lens through which they will do their future planning.
09:48:17 PM (03:50:45) Motion that the City’s Climate Action Plan be elevated from Tier 2 status to
become an additional Tier 1 priority.
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Commissioner - Terry Cunningham: Motion
Commissioner - I-Ho Pomeroy: 2nd
09:48:22 PM (03:50:50) Discussion
Cr. Pomeroy stated that climate change is already being worked on by the City and would not add
additional workload.
Cr. Wallner stated that steps need to be made at the local level.
DM Andrus stated her support and that she like the idea as a filter to other City actions.
Mayor Mehl stated he will support the motion.
09:52:10 PM (03:54:37) Vote on the Motion that the City’s Climate Action Plan be elevated from Tier 2
status to become an additional Tier 1 priority. The motion passed 5-0.
Commissioner - Terry Cunningham: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
Commissioner - Michael Wallner: Approve
09:52:59 PM (03:55:27) Motion for the Commission to consider property tax relief and tax fairness as a
top tier action item.
Commissioner - Terry Cunningham: Motion
Commissioner - Michael Wallner: 2nd
09:53:16 PM (03:55:44) Discussion
Cr. Cunningham stated that this is a recognition that this item will require legislative action.
Cr. Wallner stated his intent to bring this item as a priority and will support.
DM Andrus stated that she sees this as always being a priority for the Commission. She stated that she
didn’t think putting it on the list would do anything more.
Cr. Pomeroy agreed with the need to find other tools and will support.
Mayor Mehl stated will support the motion and that it will require teamwork from elected officials.
09:58:18 PM (04:00:45) Staff Clarification
ICM Taylor stated the desire to produce a white paper for future action.
Director Henderson stated the need for clarity for projects within the work plan. He explained his
understanding of the difference from themes and projects.
10:00:52 PM (04:03:20) Meeting Extended
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Mayor Mehl extended the meeting until 10:30 PM.
10:01:38 PM (04:04:05) Vote on the Motion for the Commission to consider property tax relief and tax
fairness as a top tier action item. The motion passed 5-0.
Commissioner - Terry Cunningham: Motion
Commissioner - Michael Wallner: 2nd
Mayor - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
Commissioner - Michael Wallner: Approve
10:02:07 PM (04:04:34) Motion to prioritize the previously produced white paper on wetland mitigation
as a Tier 2 priority.
Commissioner - Terry Cunningham: Motion
Commissioner - I-Ho Pomeroy: 2nd
10:02:44 PM (04:05:12) Discussion
Cr. Cunningham spoke to avoid the absurd result of passing wetlands away from our community.
Cr. Pomeroy stated the benefit of wetlands.
Cr. Wallner asked a point of clarification as to Cr. Cunningham’s motion
Cr. Cunningham clarified he intended to study changing the ordinance.
DM Andrus asked clarification on the scope, time, and difficulty of the proposed project. She stated
capacity and budget constraints make this project too big to take on at this time.
Mayor Mehl asked if Cr. Cunningham had a desired timeframe.
Cr. Cunningham clarified that he thought it may be one of the only tier two items and that his
timeframe would the timeframe would be done in the next 12 months.
10:12:49 PM (04:15:17) Staff Clarification
10:15:20 PM (04:17:47) Discussion continued
DM Andrus asked about the time required and whether it would take from other projects.
10:17:39 PM (04:20:06) Vote on the Motion to prioritize the previously produced white paper on
wetland mitigation as a Tier 2 priority. The motion passed 5-0.
Commissioner - Terry Cunningham: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
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Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
Commissioner - Michael Wallner: Approve
10:19:23 PM (04:21:50) Discussion Continued on Original Motion
10:22:21 PM (04:24:49) Vote on the Motion to approve the following 2020 Commission Priorities as the
Strategic Plan priorities for 2020.
Commissioner - Michael Wallner: Motion
Deputy Mayor - Cynthia Andrus: 2nd
Mayor - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
Commissioner - Michael Wallner: Approve
2. 10:22:42 PM (04:25:09) Appointment of Mayor and Commissioners to Voting Board
Positions and Assignment of Mayor and Commissioners to Act as Liaisons to City Citizen
Advisory Boards (Maas)
10:23:07 PM (04:25:34) Discussion
Mayor Mehl noted that the Audit Committee has two liaisons. He stated the Planning Board and Zoning
Commission should be together as they share members and meet on the same night. He noted that the
Criminal Justice Coordinating Council requires no action from the City and that the Bozeman Tourism
Business Improvement District is now under the County’s jurisdiction. He stated the Planning
Coordinating Committee liaison will be whomever is on the Planning Board.
10:24:09 PM (04:26:37) Staff Clarification
CA Sullivan clarified that the Criminal Justice Coordinating Committee is not disbanded but that it
rotates cities.
10:24:26 PM (04:26:54) Discussion Continued
DM Andrus stated that the Planning Board and Zoning Commission should be rotated as separate
appointments.
Cr. Cunningham agreed that it was best to assign them separately.
10:28:26 PM (04:30:54) Meeting Extended
Mayor Mehl extended the meeting to 10:40 PM.
10:28:27 PM (04:30:55) Discussion continued
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The Commissioners selected the following assignments:
• Mayor Mehl: Planning Board, Downtown Urban Renewal Board, Midtown Urban Renewal
Board, Audit Committee, Gallatin Local Water Quality District Board, Zoning Commission, and
Recreation and Parks Advisory Board
• DM Andrus: Parking Commission, Transportation Coordinating Committee, Galavan/Streamline
Advisory Board, Design Review Board, Trails, Open Space, and Parks Committee, and Fire Code
Board of Appeals
• Cr. Pomeroy: City-County Board of Health, Inter-Neighborhood Council, Downtown Business
Improvement District, Northeast Urban Renewal Board, and Bozeman Beautification Advisory
Board
• Cr. Cunningham: Community Affordable Housing Advisory Board, Climate Partners Working
Group, Library Board of Trustees, Bozeman Area Bicycle Advisory Board, Impact Fee Advisory
Committee, Cemetery Advisory Board, and Pedestrian and Traffic Safety Committee
• Cr. Wallner: Economic Development Council, Historic Preservation Advisory Board, Audit
Committee, Prospera Revolving Loan Fund Committee, Tree Advisory Board, and Building Board
of Appeals
10:39:59 PM (04:42:27) Meeting Extended
Mayor Mehl extended the meeting for 3 more minutes.
10:43:29 PM (04:45:57) Staff Clarification
CA Sullivan clarified that the Mental Health Local Advisory Council has historically had a prosecutor
assigned as the staff representative.
10:43:51 PM (04:46:19) Meeting Extended
Mayor Mehl extended the meeting until 10:50 PM.
10:43:55 PM (04:46:23) Staff Clarification Continued
CA Sullivan stated the role of the City in relation to the Mental Health Local Advisory Council to which
Cr. Pomeroy withdrew her request for that liaison assignment.
10:45:42 PM (04:48:09) Motion to approve the assignment of the Mayor and Commissioners to the
voting board and committee positions, to approve the assignment of the Mayor and Commissioners as
liaisons to citizen advisory boards, councils, and committees or their designee as discussed.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Michael Wallner: 2nd
10:46:01 PM (04:48:29) Discussion
DM Andrus asked that the Commission rethink how the boards are handled and how the City uses them
to move the strategic plan.
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Cr. Wallner agreed with DM Andrus about rethinking the structure of community engagement and the
role of the boards.
Cr. Cunningham stated that the Commission should have a discussion about what the responsibility of
the liaisons back to the Commission.
10:51:08 PM (04:53:36) Meeting Extended
Mayor Mehl extended the meeting until 11 PM.
10:53:18 PM (04:55:46) Vote on the motion to approve the assignment of the Mayor and Commissioners
to the voting board and committee positions, to approve the assignment of the Mayor and
Commissioners as liaisons to citizen advisory boards, councils, and committees or their designee as
discussed. The motion passed 5-0.
Deputy Mayor - Cynthia Andrus: Motion
Commissioner - Michael Wallner: 2nd
Mayor - Chris Mehl: Approve
Deputy Mayor - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
Commissioner - Terry Cunningham: Approve
Commissioner - Michael Wallner: Approve
L. 10:53:32 PM (04:56:00) FYI / Discussion
Mayor Mehl stated he would like to see staff investigate scheduling a meeting on the west side of town.
M. 10:54:48 PM (04:57:15) Adjournment
___________________________________
Cynthia L. Andrus
Mayor
ATTEST:
___________________________________
Mike Maas
City Clerk
PREPARED BY:
___________________________________
Mike Maas
City Clerk
Approved on: June 8, 2021
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