Loading...
HomeMy WebLinkAbout07-27-21 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, July 27, 2021 Page 1 of 15 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES July 27, 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, Deputy City Clerk (DCC) Jesse DiTommaso A) 00:02:57 Call to Order - 6:00 PM - Via WebEx B) 00:03:04 Pledge of Allegiance and a Moment of Silence C) 00:03:39 Changes to the Agenda • There were no changes to the agenda. D) 00:03:50 FYI • CM Mihelich provided a drought update. E) 00:05:35 Commission Disclosures • There were no commission disclosures. F) 00:05:46 Consent F.1 Accounts Payable Claims Review and Approval F.2 Approve City Filing an Amicus Curiae Brief in Support of the Bozeman Municipal Watershed Project in Cause No. 21-35070 Cottonwood Environmental Law Center v. LeAnne Marten, in her official capacity as Regional Forester of Region One, et al. Appendix 1 Reister Decl.pdf Appendix 2 Lewellen Decl.pdf Draft Amicus for CC review.pdf F.3 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with Last Best Properties, LLC for the South Bridge Living Site Plan Project (20173) Irrevocable Offer of Dedication F.4 Authorize the City Manager to Sign the Purchase Agreement with Sutphen Corporation for Two New Fire Engines DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081 Bozeman City Commission Meeting Minutes, July 27, 2021 Page 2 of 15 Bozeman MT NPP Proposal.pdf Fire-Apparatus-RFP-1905-Synopsis.pdf Purchase Agreement with Sutphen Corporation.pdf Sutphen warranties full document.pdf F.5 Authorize the City Manager to Sign a Construction and Maintenance Agreement with Montana Rail Link for the Railroad Crossing on Griffin Drive 20210715_Griffin Drive_Construction and Maintenance Agreement_ with Exhibits.pdf F.6 Authorize the City Manager to Sign a Professional Services Agreement with Granicus for City Website Refresh Website Refresh Services.pdf 19- Agreement for Software Subscription and Services - Granicus LLC - Agenda Management Software.pdf F.7 Authorize the City Manager to Sign a Professional Services Agreement with Sterling BZN, LLC to Represent the City in the Sale of Fire Station #1 Sterling BZN PSA Final for Commission.docx Station 1 Listing Scope of Work FINAL.docx F.8 Authorize the City Manager to Sign a Task Order with Tetra Tech, Inc. for Remediation Systems Operation and Maintenance at the Bozeman Landfill for Fiscal Year 2022 Task Order 2021-2022 Remediation Systems Operation and Maintenance F.9 Authorize the City Manager to Sign a Task Order with Tetra Tech, Inc for Groundwater and Perimeter Methane Monitoring and Assessment of System Performance and Effectiveness at the Bozeman Landfill for Fiscal Year 2022 Task Order 2021-2022 Groundwater and Perimeter Methane Monitoring and Assessment F.10 Resolution 5320, Authorizing Prime Change Order 12 with Langlas and Associates for Construction of the Bozeman Public Safety Center Resolution_5320 CO12.docx BPSC Job No. 19426 Prime CO 12 R1_signed STL.pdf 19426 Change Estimate Log 06.11.21.pdf F.11 Ratify Emergency Order Closing all Burning in the City Limits issued by Bozeman Fire Chief Waldo 2021 COB Burn Ban.pdf 00:05:49 CM Mihelich provided the highlights of the Consent Agenda. 00:07:11 Public Comment • Mayor Andrus opened the Consent Agenda for public comment. 00:08:38 John Meyer, Public Comment • John Meyer, on behalf of Cottonwood Environmental Law Center, commented in opposition to item F2. 00:10:37 Emily Talago, Public Comment • Emily Talago commented in opposition to F7 because the hearing on the Fire Station has not yet occurred. 00:12:19 Corey Lewellen, Public Comment DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081 Bozeman City Commission Meeting Minutes, July 27, 2021 Page 3 of 15 • Corey Lewellen, district ranger from the Bozeman Ranger District representing the Custer Gallatin National Forest, commented in support of F2. 00:16:20 Kyle Voigtlander, Public Comment • Kyle Voigtlander commented in support of F2. 00:18:56 Clinton Nagel, Public Comment • Clinton Nagel, on behalf of Gallatin Wildlife Association, commented in opposition to F2. 00:22:33 Meriwether Schroeer-Smith, Public Comment • Meriwether Schroeer-Smith commented in opposition to F2. 00:25:30 Elle Angelo, Public Comment • Elle Angelo commented in opposition to F2. 00:28:06 Scott Killian, Public Comment • Scott Killian commented in opposition to F2. 00:30:01 Glenn Monahan, Public Comment • Glenn Monahan commented in opposition to F2. 00:35:53 Nancy Ostile, Public Comment • Nancy Ostlie commented in opposition to F2. 00:41:53 Questions of Consent Item 2. 00:50:30 Motion Consent Items 1 and 3-11. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:50:40 Vote on the Motion to approve Consent Items 1 and 3-11. The Motion carried 5 – 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 00:51:03 Motion Consent Item 2. Terry Cunningham: Motion Jennifer Madgic: 2nd DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081 Bozeman City Commission Meeting Minutes, July 27, 2021 Page 4 of 15 00:51:23 Vote on the Motion to approve Consent Item 2. The Motion carried 3 - 2 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Disapprove: Jennifer Madgic Christopher Coburn G) 00:51:47 Public Comment • Mayor Andrus opened this meeting for general public comment. 00:54:27 Kyle Voigtlander, Public Comment • Kyle Voigtlander commented asking the City and County provide incentives, tax breaks, or laws to reduce lawns and promote drought tolerant landscaping. He commented on the effects of development on agricultural lands. He opposes the development of the Stockyard and Whole Foods. 00:59:07 Glen Monahan, Public Comment • Glen Monahan commented on deterioration of quality of life in Bozeman, specifically a lack of adequate upkeep of infrastructure. He encouraged the Commission to look at the Broken- Window Theory. H) 01:03:12 Action Items H.1 01:03:27 1919 Bridger Drive Annexation and Zone Map Amendment for the Establishment of a Zoning Designation of R-2 for a property Addressed at 1919 Bridger Drive, Application 21123 A1_DevelopmentReviewApplication_03-10-2021.pdf 21123 1919 Bridger Drive Annex ZMA CC SR.docx Annexation Map_03-10-2021.pdf ZMA Map_04-22-2021.pdf RC Narrative_04-22-2021.pdf N1_Adjoiners List_03-10-21.pdf 06-28-21 Public Comment - R. Watson - 1919 Bridger Drive Annexation.pdf 01:03:15 City Manager Introduction 01:03:28 Staff Presentation Tom Rogers, Senior City Planner, presented the 1919 Bridger Drive Annexation and Zoning. He entered the staff report and applicant submittal into the record. He provided a summary of the staff report, a map of the property and surrounding area. He also provided the future land use map, the current county zoning, and the requirements of connecting to City services. He noted the width of the property must be taken into consideration if the applicant would like to further develop the property. DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081 Bozeman City Commission Meeting Minutes, July 27, 2021 Page 5 of 15 He demonstrated the annexation and zoning policies and criteria met and unmet. He provided public comments and the recommended motion. 01:12:31 Questions of Staff 01:25:55 Questions of Applicant 01:26:35 Public Comment 01:28:23 Michele Piazza, Public Comment • Michele Piazza commented asking the motivation behind the annexation request, what will happen if every neighbor on Bridger Drive asks to be annexed, and if there is the infrastructure to support all requests. 01:30:33 Emily Talago, Public Comment • Emily Talago commented asking the commission to ask annexation applicants why they want to be a part of the community, what do they love about it, and what they will bring to it. 01:32:19 Clarification of Applicant 01:34:14 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 21123 and move to approve the 1919 Bridger Drive Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. Jennifer Madgic: Motion Christopher Coburn: 2nd 01:34:59 Discussion • Cr. Madgic will be supporting the motion because it meets the growth policy, it makes sense to have more density in lots that have access, and it brings options through R2. Per the staff report and presentation, it meets the 7 annexation goals and 18 of the annexation policies. • Cr. Coburn agreed with Cr. Madgic. He feels it meets the majority of the City's goals around annexation and makes sense from a public health perspective. He noted he does not feel the Commission needs applicants to provide what they will bring to the community as it presents problems from an equity and inclusion standpoint. • Cr. Pomeroy agreed with her colleagues regarding the annexation and zoning. • DM Cunningham agreed with his colleagues in regards to the property meeting the majority of the policies and goals. He noted this annexation is just for this one property. He noted the community benefit in annexing County islands within the City due to aquifer access and use. Zoning at R2 instead of R1 recognizes the preciousness of land. • Mayor Andrus will be supporting the motion. Mayor Andrus agreed with the comments of her colleagues and appreciates the comments of the applicant regarding wanting to connect to the City utilities. 01:43:46 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 DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081 Bozeman City Commission Meeting Minutes, July 27, 2021 Page 6 of 15 staff report for application 21123 and move to approve the 1919 Bridger Drive Annexation with recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 01:44:10 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 21123 and move to approve the 1919 Bridger Drive Zone Map Amendment, with contingencies required to complete the application processing. Jennifer Madgic: Motion Christopher Coburn: 2nd 01:44:38 Discussion • Cr. Madgic will be supporting the motion for reasons previously stated. She applauded the applicant for requesting R2. She highlighted the benefits of infill. She noted it meets the zoning criteria out of Montana Code Annotated except for item F. • Cr. Coburn agreed with Cr. Madgic and echoed this is a benefit for the community through a public health perspective. He agreed with staff that this is not considered spot zoning due to the overall benefit to the community. • Cr. Pomeroy agreed with her colleagues and will be supporting the motion. • DM Cunningham will be supporting the motion. • Mayor Andrus will be supporting the motion. 01:47:45 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 21123 and move to approve the 1919 Bridger Drive Zone Map Amendment, with contingencies required to complete the application processing. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081 Bozeman City Commission Meeting Minutes, July 27, 2021 Page 7 of 15 H.2 01:48:07 Public Hearing to Determine Whether Bozeman Fire Station #1 Owned by the City is Necessary for the Conduct of City Business or that the Public Interest may by Furthered by the Sale of the Property to Help Fund the Construction of the Bozeman Public Safety Center (BPSC) 01:48:12 City Manager Introduction 01:48:32 Staff Presentation Assistant City Manager Chuck Winn presented the background of the hearing to determine whether Bozeman Fire Station 1 is necessary for the conduct of City Business or if public interest in furthered by the sale of the property to help fund the Bozeman Public Safety Center. He provided the recommended motion. 01:50:49 Questions of Staff 01:56:13 Public Comment • Mayor Andrus opened the hearing up for public comment. 01:58:10 Michele Piazza, Public Comment • Michele Piazza commented in support of another appraisal and recommended a routine update of the possible uses of this building be provided to the community. 02:00:51 Motion Having considered the information presented by staff and public comment, I hereby move to adopt the findings included in the staff memorandum and conclude that, once construction of the Bozeman Public Safety Center is complete, the city property at 34 N. Rouse will no longer be necessary for the conduct of city business or the preservation of city property, and also that the public interest will be furthered by the sale of the property to fund the construction of the Bozeman Public Safety Center and direct the City Manager to complete all steps necessary to complete the sale of the property. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 02:01:34 Discussion • Cr. Coburn will be supporting the motion. He believes the fire station will no longer be needed once the Public Safety Center finished. He noted it is a commitment the Commission made to the Bozeman voters in 2018. He would like the City to find a buyer who would like to help the City with affordable housing. • Cr. Pomeroy agreed that selling the fire station is a commitment that was made to the voters. • DM Cunningham will be supporting the motion. He noted he would like a point system for assessing the bids in order to give weight to bids that align with Commission Priorities. • Cr. Madgic will be supporting the motion for reasons stated by her colleagues. She would like there to be a community housing project in the space. DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081 Bozeman City Commission Meeting Minutes, July 27, 2021 Page 8 of 15 • Mayor Andrus will be supporting the motion as the Fire Station is no longer necessary for City business. She noted the money from the sale will be used to finance some construction costs of the Public Safety Center and believes the City should be looking for the highest and best use for the property. 02:07:00 Vote on the Motion to free form Having considered the information presented by staff and public comment, I hereby move to adopt the findings included in the staff memorandum and conclude that, once construction of the Bozeman Public Safety Center is complete, the city property at 34 N. Rouse will no longer be necessary for the conduct of city business or the preservation of city property, and also that the public interest will be furthered by the sale of the property to fund the construction of the Bozeman Public Safety Center and direct the City Manager to complete all steps necessary to complete the sale of the property. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:07:23 Mayor Andrus called the meeting into recess. 02:15:45 Mayor Andrus called the meeting to order. H.3 02:15:46 Resolution 5319, Intent to Vacate and Abandon a Portion of the Road Easement Entirely within Railroad Right of Way Adjacent to Griffin Drive Described in Book 84, Page 365, Gallatin County, Montana Resolution 5319.docx Staff Report.doc Commission Resolution 5318.pdf NOTICE OF INTENT TO VACATE.docx Exhibit A_Abandonment.pdf 02:15:51 City Manager introduction 02:16:15 Staff Presentation City Transportation Engineer, Taylor Lonsdale, presented the resolution. He provided a map of the easement to be abandoned and the process to abandon. He provided a summary of the engineering staff report and the recommended motion. 02:18:47 Questions of Staff 02:19:25 Public Comment • There were no public comments. DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081 Bozeman City Commission Meeting Minutes, July 27, 2021 Page 9 of 15 02:22:51 Motion Adopt Resolution 5319, Intent to Vacate and Abandon a Portion of the Road Easement Entirely within Railroad Right of Way Adjacent to Griffin Drive Described in Book 84, Page 365, Gallatin County, Montana and illustrated in Exhibit A. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 02:23:42 Discussion • Cr. Pomeroy agreed that the Griffin Drive and Manely Road Street and Stormwater project is important and the abandonment is an important step in making that happen. Will be supporting the motion. • DM Cunningham noted the impact on public and private utilities, the impact on traffic, impact on fire, emergency services, and maintenance. He thanked all parties for brining it forward. • Cr. Madgic will be supporting the motion. She noted the proper procedure for abandonment has been followed, there appears to be no detriment to the public, and there were no public comments on this item. • Cr. Coburn will be supporting the motion. • Mayor Andrus will be supporting the motion. She made additional findings that the original road that the easement was granted was discontinued years ago, it does not provide access to any other property and if the abonnement is not completed the City will have to acquire the easement from BNSF. She noted it provides a benefit to the City and the Public. 02:27:07 Vote on the Motion to free form Adopt Resolution 5319, Intent to Vacate and Abandon a Portion of the Road Easement Entirely within Railroad Right of Way Adjacent to Griffin Drive Described in Book 84, Page 365, Gallatin County, Montana and illustrated in Exhibit A. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H.4 02:27:26 Appeal 21240 Filed by Bozeman Matters Regarding Conditional of Approval of the Whole Foods & Pad Site Plan Application 20412 21240 Staff Report.pdf Bozeman Matters Appeal submission 6-11-21.pdf Record of Review - 20412_Directors Decision Letter and May 28 StaffReport_Final.pdf Record of Review - 20412 DRB Summary Letter 041521.pdf Order United Food v. City of Bozeman Cause No. DV-19-10BX 18Oct2019.pdf 02:27:30 City Manager Introduction DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081 Bozeman City Commission Meeting Minutes, July 27, 2021 Page 10 of 15 02:27:50 Staff Presentation Community Development Director, Martin Matsen, presented the item. He entered the staff report into the record with the corrected site plan square footage of the commercial buildings to 40,8052 square feet and the Whole Foods structure square footage to 30,030 square feet. He provided background on the approved site plan and the issues that are the subject of the appeal. Staff recommends two motions, 1) the applicant does not meet the definition of an aggrieved person as is required in the code to appeal a decision 2) the directors decision of the approval should be upheld. Engineer Karl Johnson, Transportation Engineer Taylor Lonsdale and Attorney Kelley Rischke were available for technical questions. 02:32:36 Questions of Staff 02:51:57 Appellant Presentation On behalf of Bozeman Matters, Kim Wilson of Morrison, Sherwood, Wilson and Deola, PLLP presented the appeal. He provided the objectives of the group Bozeman Matters. He provided background on the issue of standing. Traffic Engineer Rick Nys, of Green Light Engineering presented his disagreements with the applicant's traffic study. Hydrologist David Donohue was available for questions. 03:14:35 Questions of Appellant 03:22:26 Landowner Presentation John Morrow, managing partner of Gallatin Mall Group, LLC, provided the Gallatin Mall's background, how the planned redevelopment of the mall will generate money for the community. He presented the planning work going into the future redevelopment of the mall. He spoke about the process the application has gone through. Brian Gallik, attorney on behalf of Valley Mall Group, LLC and Whole Foods. He commented specifically on the issue of standing. Ethan Cote of C & H Engineering and Bob Abelin of Abelin Traffic were available for questions. 03:36:25 Questions of landowner 03:40:07 Public Comment 03:41:22 Joseph Driskell, Public Comment • Joseph Driskell, a member of Bozeman Matters, commented on traffic, dangerous intersections, traffic light timing, parking, stormwater, and jobs. 03:46:50 Michele Piazza, Public Comment • Michele Piazza commented in opposition to Whole Foods due to logistics, demographics, and traffic. 03:52:03 Appellant Rebuttal 03:55:19 Landowner Rebuttal 03:57:30 Mayor Andrus extended the meeting until 10:15. DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081 Bozeman City Commission Meeting Minutes, July 27, 2021 Page 11 of 15 03:57:24 Motion Having reviewed and considered appeal 21240 including the record of review, the presentation of staff and the applicant, public comment and all the information presented, I move to dismiss the appeal because Bozeman Matters is not a "aggrieved person" with the ability to appeal the Director's decision pursuant to Section 38.250.030.A of the Bozeman Municipal Code and as defined in Section 37.700.020 of the Bozeman Municipal Code. Terry Cunningham: Motion Jennifer Madgic: 2nd 03:58:33 Discussion • DM Cunningham noted the scope of the action isn't to decide whether there should be a Whole Foods in Bozeman or not. This action item only has to do with the appeal of the Community Development Director's Decision and specific items related to the development itself. His findings align with that of staff's and the decision of Judge Holly Brown in the Winco case. He believes the appellant lacks standing because their concerns about traffic, competition and stormwater impacts are general in nature as opposed to a concrete, particularized and immanent injury that would confer standing. He cited Montana Case law from Heffernan vs. City of Missoula in regards to standing. He noted the officers and directors of Bozeman Matters do not live in proximity to the project. Unable to cite evidence of a direct injury as a result of increased traffic, makes their concern general. He does not find that Bozeman Matters fits the definition of an aggrieved person per the Bozeman Municipal Code. He also finds that there was not a specific injury to any grocery store due to competition. He finds the same relative to the stormwater complaints. • Cr. Madgic agreed with DM Cunningham in regards to standing. She agreed with the staff's administrative decision. She noted her agreement with Bozeman Matter's stance on chain stores, but she has to follow the parameters and criteria that apply. • Cr. Coburn agrees with the Deputy Mayor's findings. He will be supporting the motion. • Cr. Pomeroy agreed with Deputy Mayor and does not feel the applicants have standing. • Mayor Andrus agreed with her colleagues. She does not feel Bozeman Matters has distinguished its' concerns from those of the general public. She noted that Montana Law states concerns about traffic can only provide standing to landowners who reside next to the proposed development. She has not seen any evidence that anyone in Bozeman Matters lives near the project. 04:06:44 Vote on the Motion to free form Having reviewed and considered appeal 21240 including the record of review, the presentation of staff and the applicant, public comment and all the information presented, I move to dismiss the appeal because Bozeman Matters is not a "aggrieved person" with the ability to appeal the Director's decision pursuant to Section 38.250.030.A of the Bozeman Municipal Code and as defined in Section 37.700.020 of the Bozeman Municipal Code. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081 Bozeman City Commission Meeting Minutes, July 27, 2021 Page 12 of 15 Disapprove: None 04:07:06 Mayor Andrus extended the meeting until 10:30pm. 04:07:12 Motion Having reviewed and considered appeal number 21240, seeking to overturn the decision of the Director of Community Development conditionally approving the Whole Foods and pad site plan, the record review, the presentation of staff and the appellant comments and all information presented, I move to uphold the decision of the Director of Community Development reflected in his June 1st, 2021 approval letter. Terry Cunningham: Motion Jennifer Madgic: 2nd • Deputy Mayor Cunningham noted this motion is related to if the specific objections made by Bozeman Matters have merit for whether the decision of the Community Development Director should stand. They are related to two issues, traffic and stormwater. The appellant had 6 issues related to the question of the developer’s traffic impact study meeting the City's approval criteria. DM Cunningham agreed with the Community Development Director's findings that even if the level of service of the intersections falls below AC rating eventually, there are 2 exceptions that come into play - 1) if the intersection is built out to maximum capacity and 2) there scheduled improvements to the intersections. He agreed with the Community Development Director and staff report in that the complaints raised by the appellant regarding the traffic study are issues with methodology. He added the Appellant raised 14 issues in regards to stormwater. He noted the main issue is around the preferred distance around the proposed infiltration chamber and the seasonal high ground water elevation. He finds the developers proposed stormwater plan did meet the relevant code requirements for development in Bozeman. In review of issues raised by the appellant and the staff report, he finds the Community Development Director was correct in denying the appeal. • Cr. Madgic is in agreement with the Deputy Mayor and fundamentally agrees with the staff decision in this case. • Cr. Coburn agreed with the findings from the staff report, specifically around the intersection. He found that staff interpreted and used the applicant’s measurements correctly. He believes that the stormwater plan represents an improvement for the site. He will be supporting the motion. • Cr. Pomeroy agreed with staff findings. She will be supporting the motion. • Mayor Andrus will be supporting the motion. She believes that related to all of the issues related to traffic and stormwater, the staff applied all the appropriate required standards and considered public comment prior to making their decision. She has not heard or read anything that leads her to believe that there was a violation to any requirements in the code. She agrees with the denial of the appeal. 04:17:08 Vote on the Motion to free form Having reviewed and considered appeal number 21240, seeking to overturn the decision of the Director of Community Development conditionally approving the Whole Foods and pad site plan, the record review, the presentation of staff and the appellant comments and all information presented, I move to uphold the decision of the Director of Community Development reflected in his June 1st, 2021 approval letter. The Motion carried 5 - 0 DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081 Bozeman City Commission Meeting Minutes, July 27, 2021 Page 13 of 15 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I) 04:17:27 Appointments 04:17:46 Public Comment on all appointments • There were no public comments. I.1 04:20:23 Appointment to the Bozeman Area Bicycle Advisory Board 07-09-21 CAB Application - G. Lannon, new applicant.pdf 04:21:03 Motion I move to appoint Greg Lannon to the Bozeman Area Bicycle Advisory Board with a term expiring on December 31, 2022. Terry Cunningham: Motion Jennifer Madgic: 2nd 04:20:51 Vote on the Motion to free form I move to appoint Greg Lannon to the Bozeman Area Bicycle Advisory Board with a term expiring on December 31, 2022. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.2 04:21:10 Appointment to the City Planning Board 06-08-21 CAB Application - N. Olmstead, new applicant.pdf 04-07-21 CAB Application - S. Rohrer, new applicant.pdf 04:21:24 Motion I move to appoint Nichole Olmstead to the City Planning Board with a term expiring on January 31, 2022. Jennifer Madgic: Motion Christopher Coburn: 2nd DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081 Bozeman City Commission Meeting Minutes, July 27, 2021 Page 14 of 15 04:21:32 Vote on the Motion to free form I move to appoint Nichole Olmstead to the City Planning Board with a term expiring on January 31, 2022. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.3 04:21:50 Appointments to the Board of Ethics 06-09-21 CAB Application - S. Rushing, reapplicant.pdf 07-02-21 CAB Application - M. Frost, reapplicant.pdf 06-02-21 CAB Application - K. Taylor, New Applicant.pdf 04:24:50 Motion I move to appoint two members, Rushing and Frost, to the Board of Ethics with terms expiring July 31, 2023 and Taylor to a term expiring July 31, 2022. Terry Cunningham: Motion Jennifer Madgic: 2nd 04:25:22 Vote on the Motion to free form I move to appoint two members, Rushing and Frost, to the Board of Ethics with terms expiring July 31, 2023 and Taylor to a term expiring July 31, 2022. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J) 04:25:51 FYI / Discussion K) 04:26:02 Adjournment ___________________________________ Cynthia L. Andrus Mayor DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081 Bozeman City Commission Meeting Minutes, July 27, 2021 Page 15 of 15 ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Jesse DiTommaso Deputy City Clerk Approved on: August 10, 2021 DocuSign Envelope ID: 2BB002DA-C146-454B-BF3C-3F78AB6C9081