HomeMy WebLinkAbout03 28 11_February 7, 2011_2Page 1 of 15
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
February 7, 2011
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The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, February 7, 2011. Present were Mayor Jeff Krauss, Commissioner Cyndy
Andrus, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski,
Assistant City Manager Chuck Winn, City Attorney Greg Sullivan and City Clerk Stacy Ulmen.
* * Please refer to the audio recording of this meeting for additional detail.
0:02:25 A. Call to order- 6:00 p.m.-Commission Room, City Hall, 121 North Rouse
Mayor Krauss called the meeting to order at 6:01 p.m.
0:02:29 B. Pledge of Allegiance and a Moment of Silence
0:03:08 Welcome
Mayor Krauss welcomed everybody to the meeting.
0:03:28 C. Changes to the Agenda
Mr. Kukulski stated that Cr. Becker will not be able to attend tonight's meeting. Also the
Applicant's for the Mitchell Development (item listed as Action Item 2) have requested that it be
opened and continued to a further date. Mayor Krauss stated that he will be arranging the agenda
differently this evening.
0:04:47 D. Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize City Manager to sign Public Street and Utility Easements for West
Babcock Street (Heaston)
3. Approve renewal of Liquor or Beer and Wine Licenses for 2011 (Neibauer)
4. Appoint Commissioner Taylor and Commissioner Andrus to review Depository
Bonds & Pledged Securities as of December 31, 2010 (Clark)
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5. Finally Adopt Ordinance No. 1800 Implementing the NorthWestern Energy, East
Gallatin Substation Zone Map Amendment No. Z-10157 (Riley)
0:04:52 Public Comment
Mayor Krauss opened public comment on the Consent Agenda.
No person commented.
Mayor Krauss closed public comment.
0:05:24 Motion and Vote to approve Consent Items D. 1-5.
It was moved by Cr. Mehl, seconded by Cr. Taylor to approve Consent Items D. 1-5.
Those voting Aye being Crs. Mehl, Taylor, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
0:05:44 E. Public Comment
Mayor Krauss opened general Public Comment.
0:06:32 Jeff Leronomo, Public Comment
Mr. Leronomo of 429 North Black spoke regarding the federal debt in the United States. He
urged the Commission to not keep the Story Mansion.
0:10:15 Craig Spannring, Public Comment
Mr. Spannring of 322 Hunters Way spoke regarding the Story Mansion. He wondered what level
of support the Mansion has among the Bozeman Citizenry. He urged the City to transfer the
Mansion to the Friends of the Story.
0:13:27 Public Comment closed
Mayor Krauss closed public comment.
0:13:37 F. Action Items
0:13:39 1. Consideration of reclaiming jurisdiction of the Resurrection Catholic
Church Addition Conditional Use Permit Application with Variance requests No. Z-10356,
and setting a tentative public hearing date of February 28, 2011 (Thorpe)
0:13:54 Keri Thorpe, Assistant Planner
Ms. Thorpe gave the staff presentation regarding the consideration of reclaiming jurisdiction of
the Resurrection Catholic Church Addition Conditional Use Permit Application with Variance
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requests No. Z-10356, and setting a tentative public hearing date of February 28, 2011. The
application is in regards to a bell tower.
0:18:06 Bob Mechels, Associate Principal-Dowling Sandholm Architects
Mr. Mechels stated that there is too much grey area in the Bozeman Municipal Code and that
they want to go to the decision making body. He spoke regarding the existing Church and the
height limitations.
0:22:32 Public Comment
Mayor Krauss opened Public Comment.
0:22:44 Father Val Zdilla, Pastor of the Resurection Church, Public Comment
Father Val Zdilla stated that the building has been there for 35 years. He spoke regarding the
trees and the fact that the building is hidden. The tower would help identify the Church.
0:23:53 Public Comment closed
Mayor Krauss closed public comment.
0:23:55 Motion to reclaim jurisdiction of the Resurrection Catholic Church Addition
Conditional Use Permit Application with variance requests No. Z-10356.
It was moved by Cr. Taylor, seconded by Cr. Andrus to reclaim jurisdiction of the
Resurrection Catholic Church Addition Conditional Use Permit Application with variance
requests No. Z-10356.
0:26:13 Vote on the Motion to reclaim jurisdiction of the Resurrection Catholic Church
Addition Conditional Use Permit Application with variance requests No. Z-10356.
Those voting Aye being Crs. Taylor, Andrus, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
0:27:54 Motion and Vote to set a tentative public hearing date of February 28, 2011.
It was moved by Cr. Andrus, seconded by Cr. Mehl to set a tentative public hearing date of
February 28, 2011.
Those voting Aye being Crs. Andrus, Mehl, Taylor and Mayor Krauss.
Those voting No being none.
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The motion passed 4-0.
0:28:28 2. Mitchell Development IFCR-0601 Hearing of Impact Fee Credit Request and
Associated Appeal Regarding Credit Eligibility (Saunders)
*This Item was continued to February 14, 2011
0:28:30 Authorize the Absence of Cr. Becker
0:28:34 Motion and Vote to excuse the absence of Cr. Becker.
It was moved by Cr. Mehl, seconded by Cr.Taylor to excuse the absence of Cr. Becker.
Those voting Aye being Crs. Mehl, Taylor, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
0:29:07 4. Story Mansion (Kukulski)
0:29:13 Chris Kukulski, City Manager
Mr. Kukulski gave the staff presentation regarding the Story Mansion. He spoke regarding the
December 8, 2008 approved motion to Authorize the City Manager to sign the Award of Bid to R
& R Taylor Construction as the General Contractor/Construction Manager in the amount of
$1,071,242 as authorized by the 2008-2009 budgets and direct staff to bring back the necessary
budget amendment from the General Fund not to exceed $391,222 to be paid back within 24
months either through fundraising or by selling the mansion starting on January 1 of 2011
(originally stated 2010 but he clarified later on in discussion). Mr. Kukulski spoke regarding
Chapter 2.05 of the Bozeman Municipal Code - ACQUISITION AND TRANSFER OF CITY
PROPERTY, the Condition of the Story Mansion and Carriage House, Utilization, Capital
Investments and the Memorandum of Understanding with Friends of the Story.
0:36:30 Cr. Taylor
Cr. Taylor disclosed that his wife is a prior board member of the Friends of the Story. She does
help organize events for the Mansion. He spoke to the City Attorney about a possible conflict of
interest and the Attorney stated that there is not one.
0:38:52 Mayor Krauss
Mayor Krauss asked Cr. Taylor if he has a personal interest.
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0:39:05 Cr. Taylor
Cr. Taylor stated no.
1:07:57 Public Comment
Mayor Krauss opened public comment.
1:11:01 Andy Epple, President of Board of Directors
Mr. Epple introduced the Board and the Advisory Board. He spoke regarding the group’s
recommendations including the following:
1. Extend the January 2011 deadline for the recovery of $392,000 to 2018.
2. Renew December 14, 2009 "Memorandum of Agreement on the Story Mansion" between the
Friends of the Story Mansion and the City of Bozeman for an additional year at least.
3. Work with FOS to successfully complete the renovation of the second and third floors.
4. Commit to securing a long-term lease agreement for the second and third floors with an
"anchor tenant: such as the MSU Humanities Institute.
5. Retain introductory rental rates through 2011.
1:44:33 Public Comment
Mayor Krauss opened public comment.
1:44:53 Mike Miles, Public Comment
Mr. Miles stated that he is a Charter member of the Story Mansion Task Force. He spoke
regarding the Mansion being a significant land mark in the City. He spoke regarding the Save
Americas Treasures grant that the Mansion received. He spoke regarding Bozeman being one of
the most livable places to live.
1:48:27 Bob Chase, Public Comment
Mr. Chase of 433 South Black Avenue urged the Commission to transfer ownership of the
Mansion. The fundraising by the Friends has failed. He spoke regarding petitioners.
1:52:04 Jim Walseth, Public Comment
Mr. Walseth of 603 West Babcock urged the Commission to keep the Story Mansion in public
hands.
1:54:03 Rob Kaufmann, Public Comment
Mr. Kaufmann of 218 West Garfield urged the City to disassociate themselves from the property.
This is not a job of government.
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1:57:29 Mandy Drysdale, Public Comment
Ms. Drysdale of 701 North Rouse stated that she is T.B and Nelson Story's granddaughter. The
Friends have been hamstrung because of the uncertainty of the future ownership of the Mansion.
1:59:16 Jeff Leronomo, Public Comment
Mr. Leronomo of 429 North Black urged the Commission to get rid of the Mansion.
2:01:52 Amanda Krohn, Public Comment
Ms. Krohn of 418 South 11th Avenue stated that her mother owns a similar home in Washington.
She has written a lot of grants for roofs and such for these types of projects.
2:03:17 Mark Hufstetler, Public Comment
Mr. Hufstetler stated that he is speaking as an individual instead of his capacity on the Historic
Preservation Board. He spoke regarding the transferring of the property and the opposition of
public involvement.
2:08:00 Kay Lansverk, Public Comment
Ms. Lansverk of 619 West Dickerson Street stated that she is a neighbor to the Mansion and
encouraged the City to keep it.
2:09:11 Douglas Fisher, Public Comment
Mr. Fisher of 1410 South Montana Avenue stated that he just moved to Montana. He cherishes
the richness that Bozeman offers. It is about our future and our City. He encouraged the City to
keep the Mansion.
2:12:14 Susan Hinkins, Public Comment
Ms. Hinkins of 1122 South 5th stated that the Mansion is a valuable asset to our Community.
The City has a role in providing a public space. It should be tax supported.
2:13:27 Mark Hoffman, Public Comment
Mr. Hoffman stated that he feels the City should not be in the business of competing. Sell the
property. Consider being a friend of the taxpayers.
2:15:16 Jerry Coffee, Public Comment
Jerry Coffee of 1641 South Black stated that the Story Mansion has a potential of being a great
small conference area. Keep in public domain.
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2:18:31 Bob Rydell, Public Comment
Mr. Rydell of 622 South Grand Avenue stated that yes, the Humanities Institute does exist. They
have had events at the Mansion. He would like to work with the Friends and the City regarding
the Mansion.
2:20:55 Aimee Stix, Public Comment
Ms. Stix of 510 West Story Street encouraged the City to support the Friends of the Story.
2:23:16 Jane Klockman, Public Comment
Ms. Klockman of 713 South Willson read a letter written by a 9 year old supporting the Story
Mansion.
2:26:24 Ron Gumperts, Public Comment
Mr. Gumpers of 810 South Willson stated that he is in favor of keeping Mansion. He spoke
regarding his involvement with the movie under the stars series that occurs during the summer at
the Mansion.
2:27:27 Steve Gardner, Public Comment
Mr. Gardner of 1215 South Grand supports the Friends of the Story. He spoke regarding events
that he took part in at the Mansion. This is a generative facility.
2:29:02 Public Comment closed
Mayor Krauss closed public comment.
3:04:56 Motion to instruct the City Manager to enter into negotiations with the Friends of
the Story with the following guidelines for a potential Memo of Understanding:
1. That any out of pocket loss will be covered by the Friends or other group (that's the
direct operating costs) in accordance with the current accounting which does not include
labor costs, capital expenditures, or alleged lost tax revenues.
2. The $392,000 must be raised within an agreed upon range of 5-8 years (figure it out).
3. That measurable benchmarks be agreed upon regarding the $392,000 so that it is clear
that the money is being raised in a regular and consistent way so that whatever the end that
is decided on the money will be available to the City.
4. The rental rates be discussed and recalibrated in accordance with what makes sense and
the market.
5. That the City continue to collaborate with the Friends on finding appropriate funds for
renovation of the 2nd and 3rd floors.
6. That the new negotiated MOU contain within it, the general terms and conditions in the
prior one, which expressly relate to the development of the Story Mansion as an
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Educational, cultural and social center with the goal of enhancing Community and
Economic vitality in Bozeman Montana.
7. That from this time on, we except reservations for use of the Story Mansion by anybody
in accord with whatever the rates are through December of 2011so that anyone who wants
to rent it knows that whatever happens in the immediate future they will not be deprived of
their opportunity to rent it for a wedding or whatever, so we get rid of the ambiguity.
8. That it be 60 days when the City Manager comes back to the Commission at a regular
meeting with a recommendation that the Friends of the Story can agree upon, but during
that 60 day period, if there are any other groups that fit within the above guidelines and
want to negotiate along those terms, that we would consider doing that so that we are not
just negotiating with one group.
It was moved by Cr. Taylor, seconded by Cr. Andrus to instruct the City Manager to enter
into negotiations with the Friends of the Story with the following guidelines for a potential
Memo of Understanding:
1. That any out of pocket loss will be covered by the Friends or other group (that's the
direct operating costs) in accordance with the current accounting which does not include
labor costs, capital expenditures, or alleged lost tax revenues.
2. The $392,000 must be raised within an agreed upon range of 5-8 years (figure it out).
3. That measurable benchmarks be agreed upon regarding the $392,000 so that it is clear
that the money is being raised in a regular and consistent way so that whatever the end that
is decided on the money will be available to the City.
4. The rental rates be discussed and recalibrated in accordance with what makes sense and
the market.
5. That the City continue to collaborate with the Friends on finding appropriate funds for
renovation of the 2nd and 3rd floors.
6. That the new negotiated MOU contain within it, the general terms and conditions in the
prior one, which expressly relate to the development of the Story Mansion as an
Educational, cultural and social center with the goal of enhancing Community and
Economic vitality in Bozeman Montana.
7. That from this time on, we except reservations for use of the Story Mansion by anybody
in accord with whatever the rates are through December of 2011so that anyone who wants
to rent it knows that whatever happens in the immediate future they will not be deprived of
their opportunity to rent it for a wedding or whatever, so we get rid of the ambiguity.
8. That it be 60 days when the City Manager comes back to the Commission at a regular
meeting with a recommendation that the Friends of the Story can agree upon, but during
that 60 day period, if there are any other groups that fit within the above guidelines and
want to negotiate along those terms, that we would consider doing that so that we are not
just negotiating with one group.
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3:09:45 Amendment to the Main Motion and Vote that the Taylor motion be modified to
include that the City Manager work with the Friends to have some cash from their reserves
given up front as part of the agreement.
It was moved by Cr. Mehl, seconded by Cr. Taylor that the Taylor motion be modified to
include that the City Manager work with the Friends to have some cash from their reserves
given up front as part of the agreement.
Those voting Aye being Crs. Mehl, Taylor, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
3:10:30 Amendment to the Main Motion and Vote that the Carriage House as public
property, that either the City Manager secures an agreement that the City can explore
options either alone or in cooperation with the Friends; but that it be spelled out in
whatever agreement we have.
It was moved by Cr. Mehl, seconded by Cr. Taylor that the Carriage House as public
property, that either the City Manager secures an agreement that the City can explore
options either alone or in cooperation with the Friends; but that it be spelled out in
whatever agreement we have.
Those voting Aye being Crs. Mehl, Taylor, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
3:17:10 Amendment to the Main Motion that part of the negotiation be that in appropriate
period of time, the contract be reopened for discussion of who should manage, who should
own, as long as the spirit and letter of community center, as indicated in the MOU is part of
that discussion (and when I (Cr. Taylor) say X you can decide if it is now or 3 years from now
when things are a little bit clearer)
It was moved by Cr. Taylor, seconded by Cr. Mehl that part of the negotiation be that in
appropriate period of time, the contract be reopened for discussion of who should manage,
who should own, as long as the spirit and letter of community center, as indicated in the
MOU is part of that discussion (and when I (Cr. Taylor) say X you can decide if it is now or 3
years from now when things are a little bit clearer)
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The intent is to entertain a proposal to receive or purchase the property from a non-profit
organization or group that agrees to restore and preserve the property and also make it
available to the public in the spirit of the intent expressed in the original motion and if that is
not forthcoming to enter into the negotiation that Cr. Taylor proposed.
3:20:57 Vote on the Amendment to the Main Motion that part of the negotiation be that in
appropriate period of time, the contract be reopened for discussion of who should manage,
who should own, as long as the spirit and letter of community center, as indicated in the
MOU is part of that discussion (and when I (Cr. Taylor) say X you can decide if it is now or 3
years from now when things are a little bit clearer)
Those voting Aye being Crs. Taylor, Mehl, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
3:21:23 Vote on the Main Motion as Amended to instruct the City Manager to enter into
negotiations with the Friends of the Story with the following guidelines for a potential
Memo of Understanding:
1. That any out of pocket loss will be covered by the Friends or other group (that's the
direct operating costs) in accordance with the current accounting which does not include
labor costs, capital expenditures, or alleged lost tax revenues.
2. The $392,000 must be raised within an agreed upon range of 5-8 years (figure it out).
3. That measurable benchmarks be agreed upon regarding the $392,000 so that it is clear
that the money is being raised in a regular and consistent way so that whatever the end that
is decided on the money will be available to the City.
4. The rental rates be discussed and recalibrated in accordance with what makes sense and
the market.
5. That the City continue to collaborate with the Friends on finding appropriate funds for
renovation of the 2nd and 3rd floors.
6. That the new negotiated MOU contain within it, the general terms and conditions in the
prior one, which expressly relate to the development of the Story Mansion as an
Educational, cultural and social center with the goal of enhancing Community and
Economic vitality in Bozeman Montana.
7. That from this time on, we except reservations for use of the Story Mansion by anybody
in accord with whatever the rates are through December of 2011so that anyone who wants
to rent it knows that whatever happens in the immediate future they will not be deprived of
their opportunity to rent it for a wedding or whatever, so we get rid of the ambiguity.
8. That it be 60 days when the City Manager comes back to the Commission at a regular
meeting with a recommendation that the Friends of the Story can agree upon, but during
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that 60 day period, if there are any other groups that fit within the above guidelines and
want to negotiate along those terms, that we would consider doing that so that we are not
just negotiating with one group.
Those voting Aye being Crs. Taylor, Andrus, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
3:21:53 Break
3:41:15 3. Western Montana Mental Health Center's Affordable Housing Funds
Request for the HOMEstead (Riley)
3:41:28 Doug Riley, Planning Associate
Mr. Riley gave the staff presentation regarding the Western Montana Mental Health Center's
Affordable Housing Funds Request for the HOMEstead. The Western Montana Mental Health
Center (WMMH) has submitted the attached request to the City for affordable housing funds in
support of a new six (6) unit apartment building for mentally ill members of the community.
WMMH will leverage the funds received from the City as a match for an application to the
Montana Department of Commerce’s HOME program to further reduce the debt of the building
to keep the rents as low as possible (projected at $225/month or 12% of Area Median Income).
3:51:06 Patty Kent, Director of Housing Development for the Western Montana Mental Health
Center
Ms. Kent stated that those with mental illness are part of the workforce.
3:52:38 Ms. Kent
Ms. Kent gave the applicant presentation.
3:57:09 Rules suspended
Mayor Krauss suspended the rules a half an hour.
4:10:46 Public Comment
Mayor Krauss recognized that there were no public members present to make public comment.
4:22:01 Rules suspended 15 minutes.
Mayor Krauss suspended the Rules 15 minutes.
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4:30:09 Motion to provide $121,890 total payments as described in the (Staff) Memo to the
Western Montana Mental Health Center's (WMMH) for promotion of Mental Health
Affordable Housing in Bozeman ($75,090 grant for reimbursement of impact fees for the
Dorothy Eck House and HOMEstead building and a loan @ 2% for $46,800).
It was moved by Cr. Mehl, seconded by Cr. Taylor to provide $121,890 total payments as
described in the (Staff) Memo to the Western Montana Mental Health Center's (WMMH)
for promotion of Mental Health Affordable Housing in Bozeman ($75,090 grant for
reimbursement of impact fees for the Dorothy Eck House and HOMEstead building and a
loan @ 2% for $46,800).
4:33:07 Friendly Amendment to the Main Motion to make the Loan a 10 year term.
Cr. Taylor offered a friendly amendment to the Main Motion to make the Loan a 10 year
term. Cr. Mehl accepted the friendly amendment.
4:33:29 Amendment to the Main Motion that if staff deems available and appropriate; that
whatever amount possible come from the Big Box Funds and remainder come out of Work
force Housing Fund.
It was moved by Cr. Mehl, seconded by Cr. Taylor that if staff deems available and
appropriate; that whatever amount possible come from the Big Box Funds and remainder
come out of Work force Housing Fund.
4:39:26 Vote on the Amendment to the Main Motion that if staff deems available and
appropriate; that whatever amount possible come from the Big Box Funds and remainder
come out of Work force Housing Fund.
Those voting Aye being Crs. Mehl, Taylor, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
4:40:06 Vote on the Main Motion as Amended to provide $121,890 total payments as
described in the (Staff) Memo to the Western Montana Mental Health Center's (WMMH)
for promotion of Mental Health Affordable Housing in Bozeman ($75,090 grant for
reimbursement of impact fees for the Dorothy Eck House and HOMEstead building and a
loan @ 2% for $46,800).
Those voting Aye being Crs. Mehl, Taylor, Andrus and Mayor Krauss.
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Those voting No being none.
The motion passed 4-0.
4:40:40 5. Reappointments to the Board of Adjustment (Kissel)
4:41:07 Motion and Vote to re-appoint Dan Curtis, JP Pomnichowski and Edward
Szczypinski to the Board of Adjustment.
It was moved by Cr. Mehl, seconded by Cr.Taylor to re appoint Dan Curtis, JP
Pomnichowski and Edward Szczypinski to the Board of Adjustment to the Board of
Adjustment.
Those voting Aye being Crs. Mehl, Taylor, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
4:41:16 6. Appointment to the Beautification Advisory Board (Kissel)
4:41:18 Motion and Vote to appoint Ellie Staley to the Beautification Board.
It was moved by Cr. Andrus, seconded by Cr. Mehl to appoint Ellie Staley to the
Beautification Board.
Those voting Aye being Crs. Andrus, Mehl, Taylor, and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
4:41:37 7. Reappointment to the Wetlands Review Board (Kissel)
4:41:38 Motion and Vote to appoint Cyndi Crayton to the Wetlands Review Board. It was
moved by Cr. Mehl, seconded by Cr. Taylor to appoint Cyndi Crayton to the Wetlands
Review Board.
Those voting Aye being Crs. Mehl, Taylor, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 4-0.
4:42:00 8. Appointment to the Planning Board (Kissel)
The Commission agreed to hold off on this appointment until they contact the applicant.
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4:42:20 G. FYI/Discussion
4:42:24 1. Consider Cancelling the Tuesday, February 22, 2011 Commission Meeting due to
the President's Day Holiday (Ulmen)
The February 22, 2011 Commission Meeting is on! The Goals will come off the 14th and
Mitchell Appeal will be put on.
4:42:57 2. Mitchell Development
Action Item 2. Mitchell Development IFCR-0601 Hearing of Impact Fee Credit Request and
Associated Appeal Regarding Credit Eligibility (Saunders) has been added to the February 14,
2011 agenda.
4:44:17 3. Draft Legislative bills
Cr. Andrus spoke regarding the Climate related legislative bills. The opting out of phone books
bill is the one identified to move forward. This will be sent for legal review.
4:45:16 4. Legislature visit regarding Medical Marijuana, Developments Bill and Solid
Waste Bill
Mayor Krauss stated that he went to the Legislature and spoke regarding the Medical Marijuana
issue. He spoke regarding the formation of a developments bill. The solid waste bill was also
discussed.
4:51:15 5. Attorney highlights on Bills at the Legislature
4:53:40 H. Adjournment
Mayor Krauss adjourned the meeting at 10:59 p.m.
____________________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
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Stacy Ulmen, CMC, City Clerk
Approved on ___________________________.
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