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HomeMy WebLinkAboutMarch 11, 2010 Special Meeting Minutes.pdf 1 of 6 LINKED MINUTES OF THE SPECIAL MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 11, 2010 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Thursday, March 11, 2010. Present were Mayor Pro-tem Sean Becker, Commissioner Cyndy Andrus, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski, Interim Planning Director Chris Saunders, City Attorney Greg Sullivan, Interim Police Chief Marty Kent and Deputy City Clerk Aimee Kissel. * Please refer to the audio recording of this meeting for additional detail. Click here for a link to the audio recording of this meeting. 0:00:01 A. Call to Order - Noon to 1:00 p.m. - Commission Room, City Hall, 121 North Rouse Mayor Pro-tem Becker called the special meeting to order at 12:02 p.m. 0:00:08 B. Pledge of Allegiance and a Moment of Silence 0:00:50 Authorize Absence of Mayor Krauss Motion and Vote to authorize the absence of Mayor Krauss It was moved by Cr. Taylor, seconded by Cr. Andrus to authorize the absence of Mayor Krauss. Those voting Aye being Crs. Taylor, Andrus, Mehl and Mayor Pro-tem Becker. Those voting No being none. The motion passed 4-0. 0:01:15 C. Public Comment Mayor Pro-tem Becker opened general public comment. No person commented. Mayor Pro-tem Becker closed general public comment. 0:01:24 D. Action Item 12 Minutes of the Special Meeting of the Bozeman City Commission, March 11, 2010 2 of 6 0:01:27 1. Adoption of Interim Zoning Ordinance No. 1782, regarding Commercial Locations of Medical Marijuana (Saunders) 0:01:38 Chris Saunders, Interim Planning Director Mr. Saunders began the staff presentation on this item. 0:08:19 Greg Sullivan, City Attorney Mr. Sullivan spoke regarding the term thousand feet and where this boundary came from. He also spoke regarding the balance between lawful use and the aspects of marijuana that are illegal. Mr. Sullivan provided information regarding how this Ordinance is an urgency measure and spoke regarding the time frame for the Ordinance. 0:13:51 Mr. Sullivan Mr. Sullivan, responding to a question from Mayor Pro-tem Becker explained that adoption of this Ordinance would be a simple majority vote, whereas if the Ordinance needed to be extended again, that action would take a super majority vote. 0:14:58 Mr. Sullivan Responding to a question from Cr. Taylor, Mr. Sullivan explained the interpretation that would be taken if a school were to close during the proposed interim Ordinance. 0:16:44 Mr. Saunders Responding to questions from Cr. Taylor, Mr. Saunders explained that the daycares involved in this interim Zoning Ordinance are those that were registered on March 1, 2010. 0:18:06 Mr. Saunders Mr. Saunders explained that this proposed interim Ordinance does not modify any of the cities other standing requirements for site plan review, business licensing or other activities that would occur for any business. In addition, this Ordinance does not exclude individual, non-commercial use. 0:19:11 Mr. Sullivan Mr. Sullivan spoke regarding how other Montana cities are dealing with this issue. He also explained that the issuance of a city business license or zoning permit, etc. does not immunize people against federal law. 0:24:06 Cr. Mehl Cr. Mehl began questions regarding the number of medical marijuana providers. 0:24:54 Marty Kent, Interim Police Chief Mr. Kent explained that there are sixteen business license applications for medical marijuana caregivers in various states of flux. 13 Minutes of the Special Meeting of the Bozeman City Commission, March 11, 2010 3 of 6 0:25:09 Marty Kent Mr. Kent, responding to a question from Cr. Mehl said that the Police Department does support the thousand feet zoning. 0:25:20 Cr. Mehl Cr. Mehl began questions regarding the amount of medical marijuana cards the State has issued. 0:26:03 Cr. Mehl Cr. Mehl repeated that a member of the public said there are currently 10,500 medical marijuana cards issued by the state. 0:26:05 Cr. Mehl Cr. Mehl began questions regarding the time frame for working through medical marijuana policies. 0:27:08 Mr. Sullivan Mr. Sullivan clarified that businesses that have not yet received a license but are in review, would be subject to this proposed Ordinance. 0:27:37 Mr. Saunders Mr. Saunders spoke regarding zoning areas within the City that would be appropriate to pursue permits. This proposed Ordinance is not an outright prohibition but rather a location standard. 0:29:42 Mayor Pro-tem Becker Mayor Pro-tem Becker began questions regarding criminal sentencing enhancement guideline. 0:31:17 Cr. Taylor Cr. Taylor began questions regarding constraints placed upon caregivers that are within the proposed Ordinance zoning and already have business licenses and how they would be prohibited from adding additional patients. 0:32:21 Cr. Taylor Cr. Taylor began questions regarding the rationale for prohibiting this activity in the proximity of daycares. 0:35:38 Cr. Mehl Cr. Mehl began questions and discussion regarding what staff is suggesting as far as daycares being listed within the Ordinance. 0:35:49 Marty Kent Mr. Kent provided a staff recommendation regarding including day cares in the proposed Ordinance saying he feels it is reasonable and fair. 14 Minutes of the Special Meeting of the Bozeman City Commission, March 11, 2010 4 of 6 0:36:42 Cr. Taylor Cr. Taylor began questions regarding disruptions for caregivers that would need to move locations. 0:38:19 Cr. Andrus Cr. Andrus began questions regarding the possibility of a daycare and a medical marijuana provider being located in the same building. 0:40:52 Public Comment Mayor Pro-tem Becker opened public comment on this item. 0:41:06 Jim Gingery, Public Comment Mr. Gingery, Executive Director of the Montana Medical Growers Association spoke saying overall they support the adoption of an interim zoning Ordinance with several exceptions. He said that he does not feel restrictions on new patients are appropriate, explaining his rationale and may have unintended consequences. He also spoke in favor of removing daycares and Montana State University from the Ordinance. 0:43:23 Blake Ogall, Public Comment Mr. Ogall, Co-owner and Vice-President of Kinder Caregiver at 618 West Griffin spoke against the moratorium on new patients within the zoning area and suggested that the Commission limit physical expansion of the caregiver versus limiting the number of patients. 0:44:54 Robert Carpenter, Public Comment Mr. Carpenter, President of A Kinder Caregiver, at 618 West Griffin spoke in support of zoning around K-12 schools but spoke against including daycares in the zoning. 0:46:22 Scott Krabler, Public Comment Mr. Krabler of 522 Greenway said he has three patients and not being able to add new patients would be very restrictive. He also spoke in favor of shorter distance requirements. 0:49:28 Public Comments Closed. Seeing no further public comment, Mayor Pro-tem Becker closed public comment. 0:49:46 Mr. Kukulski Mr. Kukulski answered a question posed earlier saying there are currently five active permitted caregivers, thirteen in a review stage and four that have been denied. 0:50:22 Cr. Mehl Cr. Mehl began Commission discussion on this issue saying he would support this Ordinance and gave an argument for the thousand feet area. He then provided an argument for removing Montana State University (MSU) from the proposed zoning Ordinance because most college students are eighteen or older. 15 Minutes of the Special Meeting of the Bozeman City Commission, March 11, 2010 5 of 6 0:54:09 Cr. Andrus Cr. Andrus continued discussion on this item and how she views this Ordinance. She would also support removing MSU from the Ordinance. 0:55:03 Cr. Taylor Cr. Taylor said he would also support removing MSU from the Ordinance. He then began a discussion regarding access for patients and how this Ordinance may affect access. He would support striking the moratorium for caregivers currently operating within the zoning areas from adding new patients. 0:57:26 Mayor Pro-tem Becker suspended the rules to allow the meeting to continue past one p.m. the scheduled meeting end time. 0:57:38 Mayor Pro-tem Becker Mayor Pro-tem Becker said he would also support striking the moratorium dealing with existing caregivers within the zoning, but would want physical restrictions on the facility in place rather than limiting the number of patients. He would also support Montana State University and daycares being removed from the Zoning Ordinance. 0:58:56 Cr. Andrus Cr. Andrus continued discussion regarding patient access. 1:05:27 Motion to adopt Ordinance No. 1782, leaving out subsection D of section 1. It was moved by Cr. Taylor, seconded by Cr. Andrus to adopt Ordinance No. 1782, leaving out subsection D of section 1. 1:05:55 Cr. Mehl Cr. Mehl said he wanted to make it clear that the Commission is acting in an emergency context because of the need they see to implement this right away for the good of the community. 1:06:51 Cr. Taylor Cr. Taylor provided his views regarding access to caregivers. 1:08:20 Mayor Pro-tem Becker Mayor Pro-tem Becker continued the discussion on access. 1:08:53 Motion to amend the main motion to change the last sentence in section 1 to read as follows: this Ordinance specifically prohibits any lawfully existing caregiver within the areas described in section one above from expanding their business except as to the number of qualifying patients as of the effective date of the ordinance. It was moved by Cr. Taylor to amend the main motion to change the last sentence in section 1 to read as follows: this Ordinance specifically prohibits any lawfully existing 16 Minutes of the Special Meeting of the Bozeman City Commission, March 11, 2010 6 of 6 caregiver within the areas described in section one above from expanding their business except as to the number of qualifying patients as of the effective date of the ordinance. 1:09:22 The amendment to the main motion died for lack of a second. 1:09:33 Vote on the motion to adopt Ordinance No. 1782, leaving out subsection D of section 1. Those voting Aye being Crs.Taylor, Andrus, and Mehl. Those voting No being Mayor Pro-tem Becker. The motion passed 3-1. Mayor Pro-tem Becker stated that the interim zoning Ordinance 1782 regarding commercial locations of medical marijuana is in affect now. 1:10:11 Mr. Sullivan Mr. Sullivan provided an update regarding the upcoming process for working on a medical marijuana policy. This would include several open house events for discussion with the public. The Zoning Commission would also be required to participate. 1:11:45 F. Adjournment Mayor Pro-tem Becker adjourned the meeting at 1:15 p.m. ____________________________________ Sean Becker, Mayor Pro-Tem ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Aimee Kissel, Deputy City Clerk Approved on ___________________________. 17