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HomeMy WebLinkAbout03-01-10 Minutes, City CommissionLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 1, 2010 The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, March 1, 2010. Present were Mayor Jeff Krauss, Commissioner Cyndy Andrus, Commissioner Sean Becker, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski, Assistant City Manager Chuck Winn, Interim Planning Director Chris Saunders, City Attorney Greg Sullivan, Finance Director Anna Rosenberry and City Clerk Stacy Ulmen. Please refer to the audio recording of this meetinglin- additional detail, 0:03:54 A. Call to Order 6 p.m.— Commission Room, City Hall, 121 North Rouse Mayor Krauss called the meeting to order at 6 p.m. 0:03:58 B. Pledge of Allegiance and a Moment of Silence Mayor Krauss stated that the Moment of Silence this evening is in recognition of Tara Reistad Bowman who was killed last year in the downtown explosion. 0:04:53 Welcome Mayor Krauss welcomed everyone to the meeting. 0:05:07 C. Changes to the Agenda 0:05:08 Mayor Krauss Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. 0:05:10 City Manager Chris Kukulski Mr. Kukulski stated that there were no changes to the agenda. 0:05:14 D. Minutes Joint City-County Minutes from December 18, 2009, Regular Meeting 0:05:19 Motion and Vote to approve the Joint City-County Meeting from, December 18, 2009 and the Regular Meeting Minutes from January 4, 2010 and January 19, 2010 as submitted. Linked Minutes of the Bozeman City Commission Meeting, March 1, 2010 It was moved by Cr. Mehl, seconded by Cr. Andrus to approve the Joint City -County Meeting from December 18, 2009 and the Regular Meeting Minutes from January 4, 2010 and January 19, 2010 (as submitted). Those voting Ave being Crs. Mehl, Andrus, Taylor, Becker and Mayor Krauss. Those voting No being none. The motion passed 5 -0. 0:06 :04 E. Consent 1. Authorize Payment of Claims (LaMeres) 2, Authorize City Manager's signature on Memorandum of Understanding with the Downtown Bozeman Partnership for Payment of Impact Fees on Blast Damaged Properties by the Bozeman Downtown Tax Increment (TIF) District (Rosenberry /Kukulski) 3. Authorize City Manager to sign Mutual Access Easement and Agreement with Hyalite Elementary School (Murray) 4. Authorize Mayor to sign the 2010 -2011 Certified Local Government Grant Contract with the Montana State Historic Preservation Office (Kramer) 5. Approve Cancelling the Regular Meeting on Monday, March 15, 2010 due to Spring Break Week (Ulmen) 6. Approve the Review of Ordinance No. 1554, Quality Jobs and Living Wage (Berg) 7. Approve Resolution No. 4221, Closing The Bozeman Blast Clean -up Loan Fund, returning Monies to their original funding sources, and Allocating Interest Earnings to Prospera Business Network For Administration of the Fund (Rosenberry) 0:06:06 Public Comment Mayor Krauss opened public con ent. No person commented. Mayor Krauss closed public comment. 0:06:30 Motion and Vote to approve consent items E. 1 -7. It as moved by Cr. Andrus seconded by Cr. Taylor to approve consent items E. 1 -7. Those voting Ave being Crs. Andrus, Taylor, Becker, Mehl and Mayor Krauss. Those voting No being none. The motion passed 5 -0. 0:06:47 F. Public Comment Mayor Krauss opened public comment. 0:07:22 Jeff Stron Public Comment Mr. Strong of 7980 Balsam Drive requested that the Commission prohibit the growth of Marijuana in residential dwellings throughout Bozeman. He gave his reasons for making this request. 2 Linked Minutes of the Bozeman City Commission Meeting, March 1,101© 0:10:42 Rick Gale, Public Comment Mr. Gale of 247 Clifden Drive stated that he is the Clean Indoor Air Coordinator in Gallatin County. He has already begun to filter complaints. There are a lot of questions that the state is silent on. 0:12:08 Becky Gross, Public Comment Ms. Gross stated that she works for a Medical Marijuana provider. They do not grow in the City limits. She handed out her company's policy. She stated that they are not a dispensary which is a retail shop. She wants to be a part of these businesses in Bozeman. 0 :16:41 Brian Leland, Public Comment Mr. Leland of 528 North Bozeman spoke regarding a street closure permit for the 4th of July. 0 :19:30 Public Comment Closed Mayor Krauss closed public comment. 0:19:36 G. Special Presentation Annual Status Report on the Community Climate Task Force (Hattie Baker, Sustainability Consultant) 0:20:04 Hattie Baker, Sustainability Consultant Ms. Baker gave the special presentation regarding the Annual Status Report on the Community Climate Task Force. 0:28:28 H. Action Items 0:28 :31 L (Sullivan) Discussion and Request for Direction to Staff Regarding Medical Marijuana 0:28:41 Greg Sullivan, City Attorney Mr. Sullivan gave the staff presentation regarding the Request for Direction to Staff regarding Medical Marijuana. Staff has two primary objectives; First, Staff is interested in protecting the legitimate legal use of medical marijuana, and second, staff is concerned with balancing the health and safety of residents and property owners who are not interested in being exposed to medical marijuana with the legitimate use of medical marijuana. Attorney Sullivan spoke regarding his legal concerns. He spoke regarding the Act and those that would be qualified for the acquisition. He spoke regarding limitations of those that qualify. He spoke about engaging the community to begin the process. 0 :39:44 Chris Saunders, Interim City Planner Mr. Saunders spoke regarding zoning, the aspects that impact zoning and business licensing. There needs to be clear rules. He spoke regarding Commercial activity and Residential activity and separation requirements. 0:47:03 Marty Kent, Deputy Police Chief Mr. Kent stated that this effects many divisions in the City. He urged that staff, public and those in the medical community discuss the issue. His concerns are the areas around schools. He also spoke regarding his concern of public use. Linked Minutes of the Bozeman City Commission Meeting, March 1, 2010 0:52:44 Mr. Kukulski Mr. Kukulski reiterated the goal is to protect the legal permitted use. 0:53:48 Cr. Mehl Cr. Mehl spoke regarding existing businesses and how they would be affected by a moratorium. 0:54:04 Mr. Sullivan Mr. Sullivan stated that patients are defined by law. 0:55:04 Cr. Taylor Cr. Taylor wondered about the options of regulating public use. 0:55:59 Mr. Sullivan Mr. Sullivan spoke regarding the parameters in the law. There is no limitation on the street at this time. 0:57:47 Cr. Taylor Cr. Taylor spoke regarding a temporary moratorium, and interim plan and a final plan. 0:58:00 Mr. Sullivan Mr. Sullivan spoke regarding zoning and the criteria for an interim Ordinance. 0:59:14 Mr. Saunders Mr. Saunders spoke regarding the benefits of an interim Ordinance. It has an automatic expiration date, 1:01:17 Mr. Saunders Mr. Saunders spoke regarding the noticing requirements. 1:03:06 Cr. Andrus Cr. Andrus spoke regarding the zoning districts. 1:03:24 Mr. Saunders Mr. Saunders spoke regarding the zoning limitations for AG growth operations, medical offices, commercial and industrial. 1:04:47 Bob Risk, Building Official Mr. Risk spoke regarding fire ratings. 1:05:53 Cr. Andrus Cr. Andrus spoke regarding the time frame. 1:07:18 Mr. Kent Mr. Kent spoke regarding the number of business licenses for these businesses. There are 16 in various states. 1:08:14 Mr. Sullivan Mr. Sullivan stated that the statute does not define a dispensary. 4 Linked Minutes of the Bozeman City Commission Meeting, March 1, 2010 1:08:36 Mr. Saunders Mr. Saunders spoke regarding the definitions of commercial component. 1:10:49 Cr. Andrus Cr. Andrus spoke regarding dispensing in baked goods. 1:13:34 Cr. Becker Cr. Becker spoke regarding the time frame. 1:17:18 Mr. Saunders Mr. Saunders spoke regarding the alcohol laws. 1:18:03 Public Comment Mayor Krauss opened public comment. 1:18:17 Jim Gingery, Public Comment Mr. Gingery stated that he is the Executive Director of the Montana Medical Growers Association. This organization began last fall. This is a new industry. He spoke regarding the association's objectives. He spoke regarding the delivery methods. 1:21:42 Chuck Watson, Public Comment Mr. Watson stated that he is a Lawyer and that has been studying this item for a year. The City is being reasonable in the approach to this. He spoke regarding discussions that have taken place. Mr. Watson suggested that this issue will impact the majority of those in this community. He asked that the Commission form a study group. 1:25:16 David Kenney, Public Comment Mr. Kenney stated that he is a caregiver. He started his business when the initiative came out. His growing operation is in the rural area. Thank you for looking at this closely. His motivation is to help people. This is a worthy program. 1:26:56 Dr. Michael Getzy, Public Comntent Dr. Getzy stated that he is a local physician and also practices in New York. He has been involved in this for a year. He spoke regarding store fronts. He spoke regarding a lab he has set up to study the potency of the medicine. 1:30:26 Becky Franks, Public Comment Ms. Franks from Bozeman stated that she works with people who have cancer and has spoken to many who have benefited from Medical Marijuana. She stated that she also works as a prevention specialists and works with those that have drug addictions. She spoke regarding the community. 1:32:47 Scott Kraybler, Public Comment Mr. Kraybler of 522 Greenway stated that he has been a patient since August. He became a caregiver. He spoke regarding his kids. This is an important life regulator for him. He spoke regarding store fronts and dispensaries. 5 ice and retail. The dispensary is more of the Linked Minutes of the Bozeman City Commission Meeting, March 1, 2010 1:36:52 Public Comment Closed Mayor Krauss closed public comment. 1:37:50 Mr. Sullivan Mr. Sullivan spoke regarding the design of Interim Zoning, an emergency must exist. 1:40:19 Cr. Andrus Cr. Andrus visited existing operations. 1:43:11 Mayor Krauss Mayor Krauss spoke regarding the UDO. Many things fall within the UDO. We need to address the 1,000 feet in front of schools and have definitions between residential use and everything else. 1:49:32 Cr. Mehl Cr. Mehl spoke regarding location and distance. He agrees with an Interim Ordinance in order to add a layer addressing this in the UDO. 1:52:50 Brit Fontenot. Assistant to the City Manager Mr. Fontenot spoke regarding the informal task force that worked on the Chicken Ordinance. 1:55:10 Cr. Becker Cr. Becker spoke regarding his concern of the location next to schools and because of that his support of enacting an interim ordinance. 1:56:29 Motion to direct staff to draft an interim zoning ordinance which protects the City from inappropriate locations of medical marijuana type operations, that night otherwise be established during a time period when a thoughtful solution is considered, that the interim ordinance would balance access to patients and certainty continue operations as they have been including home growth by people that have the cards and are treating themselves and that we approve that as soon as we can after which time a more thoughtful time period is scheduled for the long term ordinance. It was moved by Cr. Taylor, seconded by Cr. Becker to direct staff to draft an interim zoning ordinance which protects the City from inappropriate locations of medical marijuana type operations, that might otherwise be established during a time period when a thoughtful solution is considered, that the interim ordinance would balance access to patients and certainty continue operations as they have been including home growth by people that have the cards and are treating themselves and that we approve that as soon as we can after which time a more thoughtful time period is scheduled for the long term ordinance. (This is excluding for the moment the issue of public use) 1:58:01 Cr. Taylor Cr. Taylor explained his motion instructs staff to come back in the next 8 -9 days this is what we are going to prohibit on interim basis with an emphasis on location. This will not interfere with people who have cards and grow their own in their home. What are the inappropriate locations in the short run? 6 Linked Minutes of the Bozeman City Commission Meeting, March 1, 2010 1:59:48 Cr. Taylor Cr. Taylor clarified that it his intent of the motion that anything that presently exists, stays. We are only regulating future locations. 2:00:19 Friendly Amendment that we have a 1000 ft barrier around schools as part of the interim zoning. A friendly amendment was made by Cr. Mehl that we have a 1000 ft barrier around schools as part of the interim zoning. 2:00:25 Friendly amendment seconded Cr. Taylor seconded the friendly amendment that we have a 1000 ft barrier around schools as part of the interim zoning. 2:03:13 Amendment to request that the staff come back to the Commission in the minimum time possible, but if it is adopted in the minimum time amount, that it be a 90 day window to come up with the final zoning. (This Amendment later amended to be 4 months). Cr. Mehl presented an amendment to request that the staff come back to the Commission in the minimum time possible, but if it is adopted in the minimum time amount, that it be a 90 day window to come up with the final zoning. 2:04:36 Mr. Saunders Mr. Saunders spoke regarding the formal process time. There needs to be time for consultation and 3 months for the formal process. 2:05:31 Cr. Mehl Cr. Mehl stated that he is disappointed that this cannot be done in 90 days. He will withdraw his motion if he can't get a second. This issue is not that new. 2:08:05 Mr. Fontenot Mr. Fontenot spoke regarding the timeline that took place with putting the Chicken Ordinance together. He estimated that it took around 4 months. 2:16:47 Amendment to the Amendment to set the time frame at a maximum of 4 months( to start after interim starts and does not include 30 days to become effective, this is 4 months to final passage). It was moved by Cr. Mehl, seconded by Cr. Andrus to set the time frame at a maximum of 4 months( to start after interim starts and does not include 30 days to become effective, this is 4 months to final passage), 2:17:56 Mr. Sullivan Mr. Sullivan spoke regarding noticing requirements for an Interim Zoning Ordinance. 2:19:48 Vote on the Amendment to set the time frame at a maximum of 4 months( to start after interim starts and does not include 30 days to become effective, this is 4 months to final passage). 7 Linked Minutes of the Bozeman City Commission Meeting, March 1, 2010 Those voting Aye being Crs. Mehl, Andrus, Taylor, Becker and Mayor Krauss. Those voting No being none. The motion passed 5-0. 2:20:09 Amendment to the Main Motion and Vote to meet on Thursday March lIth at noon with the proposed zoning ordinance. It was moved by Cr. Andrus, seconded by Cr. Taylor to amend the Motion to meet on Thursday March llth at noon with the proposed zoning ordinance. Those voting Aye being Crs. Andrus, Taylor, Becker, Mehl and Mayor Krauss. Those voting No being none. The motion passed 5-0. 2:21:35 Vote on the Main Motion as amended to direct staff to draft an interim zoning ordinance which protects the City from inappropriate locations of medical marijuana type operations, that might otherwise be established during a time period when a thoughtful solution is considered, that the interim ordinance would balance access to patients and certainty continue operations as they have been including home growth by people that have the cards and are treating themselves and that we approve that as soon as we can after which time a more thoughtful time period is scheduled for the long term ordinance. With the friendly amendment that we have a 1000 ft barrier around schools as part of the interim zoning. Those voting Ave being Crs. Taylor, Becker, Mehi, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5-0. 2:24:55 Motion to direct staff to concurrently address (with the long term ordinance) Commercial location and Use of Product in the regulations that will be presented to us. It was moved by Cr. Mehl, seconded by Cr. Andrus to direct staff to concurrently address (with the long term ordinance) Commercial location and Use of Product in the regulations that will be presented to us. 2:26:50 Amendment to the Main Motion to direct staff to address production and processing concurrent with research on the Main Motion (the zoning). It was moved by Cr. Becker to direct staff to address production and processing concurrent with research on the Main Motion (the zoning). Cr. Becker decided to keep this motion separate from Cr. Mehls so the motion was restated after the vote took place. 2:27:28 Vote on the Motion to direct staff to concurrently address (with the long term ordinance) Commercial location and Use of Product in the regulations that will be presented to us. 8 Linked Minutes of the Bozeman City Commission Meeting, March 1, 2010 Those voting Aye being Crs. Mehl, Andrus, Taylor, Becker and Mayor Krauss Those voting No being none. The motion passed 5-0. 2:27:39 Motion and Vote to direct staff to address production and processing concurrent with research on the Main Motion (the zoning). It was moved by Cr. Becker, seconded by Cr. Mehl to direct staff to address production and processing concurrent with research on the Main Motion (the zoning). Those voting Ave being Crs. Becker, Mehl, Andrus, Taylor and Mayor Krauss. Those voting No being none. The motion passed 5-0. 2:28:10 Break Mayor Krauss declared a break. 2:45:44 Call Back to Order Mayor Krauss called the meeting back to order. 2:45:56 2. Provisional Adoption of Ordinance No. 1780, Amending Title 18 of the Unified Development Ordinance, Bozeman Municipal Code to allow rotating signs subject to defined standards and creating related definitions (Saunders) 2:46:16 Chris Saunders, Acting City Planner Mr. Saunders gave the staff presentation regarding the Provisional Adoption of Ordinance No. 1780, Amending Title 18 of the Unified Development Ordinance, Bozeman Municipal Code to allow rotating signs subject to defined standards and creating related definitions. Mr. Saunders pointed out the sections that are proposed to be amended. 2:54:37 Mr. Saunders Mr. Saunders spoke regarding Barber Poles and signage. 2:55:21 Cr. Taylor Cr. Taylor spoke regarding his concern of the rotation time of revolving signs. 3:01:14 Mr. Sullivan Mr. Sullivan spoke regarding the law and the regulation of signs. 3:04:35 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 3:04:46 Motion to adopt Ordinance. No. 1780. It was moved by Cr. Mehl, seconded by Cr. Becker to adopt Ordinance. No. 1780. 9 Linked Minutes of the Bozeman City Commission Meeting, March 1, 2010 3:05:06 Amendment to the Main Motion to change the definition of a revolving sign in section 18.80.26.40, by adding "in which contains no words It was moved by Cr. Taylor to change the definition of a revolving sign in section 18.80.26.40, by adding "in which contains no words Motion failed due to a lack of a second. 3:06:28 Amendment to the Main Motion to amend the sign area from 4 to 2.5 square feet. It was moved by Cr. Becker, seconded by Cr. Taylor to amend the sign area from 4 to 2.5 square feet. 3:08:34 Mr. Saunders Mr. Saunders spoke regarding projecting signs. 3:15:14 Mayor Krauss Mayor Krauss stated that he wants to see something that says licensed barbers can have barber poles. 3 :17:05 Vote on the Amendment to the sign area from 4 to 2.5 square feet. Those voting Aye being Crs. Becker, Mehl and Mayor Krauss. Those voting No being Crs. Taylor and Andrus. The motion passed 3 -2. 3:19:11 Vote on the Main Motion as amended to adopt Ordinance. No. 1780, changing the sign area from 4 to 2.5 square feet. Those voting Aye being Crs. Mehl, Becker and Mayor Krauss. Those voting No being Crs. Andrus and Taylor. The motion passed 3 -2. 3:19 :28 3. Agreement with NorthWestern Energy and Downtown Bozeman Partnership to Transfer NorthWestern's $50,000 Grant to the Partnership for Reinvestment in Downtown (Sullivan) 3:19:42 Mr. Kukulski Mr. Kukulski gave the staff presentation regarding the Agreement with NorthWestern Energy and Downtown Bozeman Partnership to Transfer NorthWestern's $50,000 Grant to the Partnership for Reinvestment in Downtown. 3:20:53 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment, 3:21 :02 Motion and Vote to authorize the City Manager to enter into an agreement with NorthWestern Energy (NWE) and the Downtown Bozeman Partnership (the 10 Linked Minutes of the Bozeman City Commission Meeting, March 1, 2010 "Partnership") for the transfer of $50,000 originally allocated by NWE for the Bozeman Downtown Recovery Fund to the Partnership for reinvestment in downtown Bozeman. It was moved by Cr. Andrus, seconded by Cr. Taylor to authorize the City Manager to enter into an agreement with North Western Energy (NWE) and the Downtown Bozeman Partnership (the "Partnership") for the transfer of $50,000 originally allocated by NWE for the Bozeman Downtown Recovery Fund to the Partnership for reinvestment in downtown Bozeman. Those voting Aye being Crs. Andrus, Taylor, Becker, Mehl and Mayor Krauss. Those voting No being none. The motion passed 5-0. 3:21:43 4. Public Hearing Adoption of Parts of the Capital Improvements Program (CIP) for Fiscal Years 2011-2015 (Rosenberry) 3:21:56 Anna Rosenberry, Director of Finance Ms. Rosenberry gave the staff presentation on the Adoption of Parts of the Capital Improvements Program (CIP) for Fiscal Years 2011-2015. This is an annual process that the City goes through each year. Tonight we are focusing on Impact fee funds. Ms. Rosenberry spoke regarding the CIP plan. The City adopted Impact fees in 1996. 3:27:12 Fire Impact Fees Ms. Rosenberry stated that these fees are charged by property type. She identified the projects listed in the schedule. 3:31:37 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 3:31:55 Motion and Vote to approve the Fire Impact Fees within the Capital Improvements Program (CIP) for Fiscal years 2011-2015. It was moved by Cr. Becker, seconded by Cr. Mehl to approve the Fire Impact Fees within the Capital Improvements Program (CIP) for Fiscal years 2011-2015. Those voting Aye being Crs. Becker, Mehl, Andrus, Taylor and Mayor Krauss. Those voting No being none. The motion passed 5-0. 3:32:20 Water Impact Fees Ms. Rosenberry stated that water impact fees are based on meter size. She identified the projects listed in the schedule. 11 Linked Minutes of the Bozeman City Commission Meeting, March 1, 2010 3:35:44 Ms. Rosenberry Ms. Rosenberry spoke regarding the differences between water and fire. 3:37:40 Public Comment Mayor Krauss noted that there were no members of the public present. 3:37:45 Motion and Vote to approve the Water Impact Fees within the Capital Improvements Program (CIP) for Fiscal years 2011-2015. It was moved by Cr. Mehl, seconded by Cr. Andrus to approve the Water Impact Fees within the Capital Improvements Program (CIP) for Fiscal years 2011-2015. Those voting Aye being Crs. Mehl, Andrus, Taylor, Becker and Mayor Krauss. Those voting No being none. The motion passed 5-0. 3:38:16 Wastewater Impact Fees Ms. Rosenberry stated that these fees are based on the meter size. She identified the projects listed in the schedule. 3:41:09 Public Comment Mayor Krauss noted that there were no public. 3:41:11 Motion and Vote to approve the Wastewater Impact Fees within the Capital Improvements Program (CIP) for Fiscal years 2011-2015. It was moved by Cr. Andrus, seconded by Cr. Taylor to approve the Wastewater Impact Fees within the Capital Improvements Program (CIP) for Fiscal years 2011-2015. Those voting Aye being Crs. Andrus, Taylor, Becker, Mehl and Mayor Krauss. Those voting No being none. The motion passed 5-0. 3:41:34 Street Impact Fees Ms. Rosenberry stated that the street impact fees are based on building use and size and traffic studies. She identified the projects listed in the schedule. This schedule has had the most changes. 3:45:41 Public Comment Mayor Krauss noted that there were no public in attendance. 3:45:55 Motion and Vote to approve the Street Impact Fees within the Capital Improvements Program (CIP) for Fiscal years 2011-2015. It was moved by Cr. Taylor, seconded by Cr. Becker to approve the Street Impact Fees within the Capital Improvements Program (CIP) for Fiscal years 2011-2015. Those voting Aye being Crs. Taylor, Becker, Mehl, Andrus and Mayor Krauss. 12 Linked Minutes of the Bozeman City Commission Meeting, March 1, 2010 Those voting No being none. The motion passed 5 -0. 3:47:27 Cr. Mehl Cr. Mehl stated that he will be going to DC on March 15, 16 and 17th. 3:47:48 5. (Re)Appointment to the City Planning Board (Continued from February 22, 2010) (Kissel) The Mayor stated that he is not (re) appointing anyone to the City Planning Board. 3:47:53 6. Re- appointment to the Board of Appeals (Kissel) 3:48:13 Motion and Vote to appoint Gene Brooks to the Board of Appeals. It was moved by Cr. Mehl seconded by Cr. Taylor to appoint Gene Brooks to the Board of Appeals. Those voting Aye being Crs. Mehl, Taylor, Becker, Andrus and Mayor Krauss. Those voting No being none. The motion passed 5 -0. 3:48:28 7. Re- appointment to the Fire Code Board of Appeals (Kissel) 3 :49:04 Mayor handed gavel to Deputy Mayor Becker. 3:49:20 Motion and Vote to appoint Gene Brooks to the Fire Code Board of Appeals. It was moved by Cr. Pro Tem Krauss, seconded by Cr. Mehl to appoint Gene Brooks to the Fire Code Board of Appeals. Those voting Aye being Cr. Pro Tem Krauss, Mehl, Andrus, Taylor and Deputy Mayor Becker. Those voting No being none. The motion passed 5 -0. 3:49:46 8. Re- appointment to the Impact Fee Advisory Committee (Kissel) 13 3:50:00 Motion and Vote to reappoint James Nickelson to join on the Impact Fee Advisory Committee It was moved by Cr. Mehl, seconded by Cr. Becker to reappoint James Nickelson to join on the Impact Fee Advisory Committee. Those voting Aye being Crs. Mehl, Becker, Andrus, Taylor and Mayor Krauss. Those voting No being none. The motion passed 5 -0. Linked Minutes of the Bozeman City Commission Meeting, March 1, 2010 3:50:25 I. FYI /Discussion 3:50:32 1. Google Fiber and Communities Mr. Kukulski stated that the City is seeking a pilot program that Google is putting together. The City is working with the Chamber, the private sector, PROSPERA and MSU to fill out the application. Mr. Fontenot is instrumental in assisting with the application. There will be some community outreach on this issue. Cr. Mehl asked that he be added back on to the entail chain for this item. 3:52:12 2. Reminder of Policy Meeting on Thursday, March 4th at noon. Ms. Ulrnen reminded the Commission about the Policy Meeting on Thursday, March 4th at noon. A hard copy of the materials is in the Commission's mail. 3 :52 :31 3. Moment of Silence on March 5th pertaining to the Blast. Mr. Kukulski stated that this is an event put on by the Downtown Partnership. At 10 a.m. it is requested that offices be closed, and those that can are requested to snake their way to Main Street for a moment of silence to remember the blast. Those that can't are asked to have a moment of silence wherever they are. 3 :53:42 4. Budget Presentation Schedule Mr. Kukulski handed out the most recent budget presentation schedule to the Commissioners. 3:54:17 5. HUD -Plans for the Federal Money There is a meeting in the morning regarding this. Mayor Krauss will try to attend, Mr. Kukulski stated that this is a priority for this week and will try to hand this to the Commission on Thursday. 3:55:23 6. Letter from Gallavan- request for 2 mills Mayor Krauss stated that he is interested in this and he mentioned this in the goal se 3 :56:23 J. Adjournment Mayor Krauss adjourned the meeting at 10:01 p.m. PRE ARED 'BY: Approved on Aprr 1 5 c 14 g.