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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
June 27, 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, June 27, 2011. 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, City Attorney Greg Sullivan
and Deputy City Clerk Aimee Kissel.
These minutes are not word for word and should be considered along with the audio recording.
0:00:00 A. Call to Order - 5 p.m. - Commission Room, City Hall, 121 North Rouse
Mayor Krauss called the meeting to order at 5 p.m. He then closed the meeting pursuant to MCA
2-3-203 (4) to discuss litigation strategy.
* A separate set of Minutes have been compiled for the Executive Session.
0:01:27 C. Call to Order Regular Meeting - 6 p.m.
0:01:31 D. Pledge of Allegiance and a Moment of Silence
0:01:31 E. Changes to the Agenda
0:01:31 F. Public Service Announcements
0:01:31 1. Office Closures on July 4th (Kissel)
0:01:34 Aimee Kissel, Deputy City Clerk
Ms. Kissel informed residents that City Offices will be closed on July 4th to celebrate the
Independence Day holiday. She also announced that city garbage service would not be running
on the 4th and the garbage schedule would be delayed one day all week.
0:01:34 2. Fireworks Rules and Safety (Lieutenant David Mcmanis)
0:01:34 David McManis, Bozeman Police Department
Lieutenant McManis provided a presentation regarding the rules and guidelines for discharge of
fireworks within the city limits. He also explained Police has partnered with the Fire Department
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so that two vehicles will have a fire fighter and police officer riding together over the weekend
concentrating on firework complaints. Fireworks are only legal with restrictions in city limits on
July 3rd from noon to midnight, July 4th from noon to 1 a.m. and July 5th noon to midnight.
0:07:16 3. Music on Main staffing plan
Lieutenant David McManis spoke regarding the staffing plan for the Music on Main event on
Thursday evenings. He explained staffing levels are higher than last year. Two officers will be
assigned to staff the event; six officers will patrol all of Bozeman and six officers divided in
three teams on foot, bicycle and vehicle to deal with the downtown area after Music on Main.
0:07:42 Mayor Krauss asked City Manager Kukulski if there were any changes to the agenda.
There were not.
0:08:37 Mayor Krauss
Mayor Krauss congratulated David McManis on his promotion to Lieutenant in December, 2010.
0:09:03 G. Minutes - May 2, 2011
0:09:04 Motion and Vote to approve the minutes of May 2, 2011.
It was moved by Cr Taylor, seconded by Cr. Andrus to approve the minutes of May 2,
2011. Those voting Aye being Crs. Taylor, Andrus, Becker, Mehl and Mayor Krauss.
Those voting No being none. The motion passed 5-0.
0:09:25 Cr. Taylor asked that item 6 be removed from the consent agenda and moved to the
action agenda.
0:09:30 H. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Authorize writing off Stale-Dated Checks & Past-Due Receivables from the City's
General Accounting Ledger / Balance Sheet (LaMeres)
3. Authorize City Manager to sign Professional Services Agreement with
TischlerBise for the preparation of updated Impact Fee Service Area reports
(Saunders)
4. Acknowledge withdrawal of request for demolition as a component of the
McGuane Single Household Residence Certificate of Appropriateness,
Application No. Z-11050 (Kramer)
5. Ratify City Manager's signature on Fiscal Year 2012 Montana State University
Fire Service Agreement (Shrauger)
6. Approve reclaiming jurisdiction of the Bar IX Outdoor Conditional Use Permit
and Certificate of Appropriateness with Deviations application No. Z-11156 and
further set a public hearing date of July 25, 2011 (Bristor)
7. Approve cancelling the regularly scheduled meeting on July 4th, 2011 in
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observance of Independence Day (Kissel)
8. Approve Resolution No. 4321, Designating the Director of Planning and
Community Development as the Environmental Preparer for Garden City
Community Housing and Development Organization's HOMEstead Grant
Application (Riley)
9. Approve Resolution No 4322, Closing Four Funds to the General Fund and
Transferring their Assets and Liabilities to the General Fund at the end of Fiscal
Year 2011 (Rosenberry)
10. Finally Adopt Ordinance No. 1810, authorizing City Manager to enter into a 3-
year ground lease with Donald Dodge for the lease of the Lyman Water
Treatment Plant property for the purpose of farming (Arkell)
0:09:52 Public comment on Consent
Mayor Krauss opened public comment on consent. No person commented. Mayor Krauss closed
public comment.
0:10:12 Motion and Vote to approve Consent items H. 1-5 and 7-10.
It was moved by Cr. Andrus, seconded by Cr. Becker to approve consent items H. 1-5 and
7-10.
Those voting Aye being Crs. Andrus, Becker, Mehl, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
0:10:43 I. Public Comment
Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public
comment.
0:11:07 J. Action Items
0:11:09 Consent Item 6: Approve reclaiming jurisdiction of the Bar IX Outdoor
Conditional use permit and Certificate of Appropriateness with Deviations application no.
Z-11156 and further set a public hearing date of July 25, 2011
0:11:10 Cr. Taylor
Cr. Taylor explained he removed this item from the consent agenda because it is another
reclaiming jurisdiction issue and we discussed that we are eventually going to get the standards
on reclaiming jurisdiction. He indicated the Commission should reclaim this project under any
standards because it involves downtown, storm water and has some history.
0:11:34 Motion to approve reclaiming jurisdiction of the Bar IX Outdoor Conditional Use
Permit and Certificate of Appropriateness with Deviations application No. Z-11156 and
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further set a public hearing date of July 25, 2011.
It was moved by Cr. Taylor, seconded by Cr. Andrus to approve reclaiming jurisdiction of
the Bar IX Outdoor Conditional Use Permit and Certificate of Appropriateness with
Deviations application No. Z-11156 and further set a public hearing date of July 25, 2011.
0:11:55 Cr. Mehl
Cr. Mehl asked staff to look into whether the Commission should reclaim all of these types of
applications or a better way to save staff and Commission time and serve the public.
0:12:12 Tim McHarg, Planning Director
Mr. McHarg responded that a discussion about this broader topic is scheduled for August 8th.
0:12:51 Mayor Krauss
Mayor Krauss confirmed that the discussion on the 8th would also involve discussion regarding
the need for the Board of Adjustment as well.
0:13:25 Vote on the motion to approve reclaiming jurisdiction of the Bar IX Outdoor
Conditional Use Permit and Certificate of Appropriateness with Deviations application No.
Z-11156 and further set a public hearing date of July 25, 2011.
Those voting Aye being Crs. Taylor, Andrus, Becker, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
0:13:40 1. Provisional Adoption of Ordinance No. 1811, establishing a permanent cap
on medical marijuana storefront businesses at 20 (Sullivan)
0:13:59 Greg Sullivan, City Attorney
Mr. Sullivan provided the staff presentation on this item.
0:16:35 Commission questions and clarifications for staff.
0:24:35 Public Comment
Mayor Krauss opened public comment on this item.
0:24:42 Misty Carey, Public Comment
Ms. Carey the Bozeman contact for MTCIA, Montana Cannabis Industry Association said she
would be happy to answer questions on the court case regarding Senate Bill 423. She objects to
the word 'permanent' within the city ordinance being discussed as it relates to the amount of
medical marijuana storefront businesses allowed. She explained that she feels the limit may not
be named permanent, but rather a year, saying that as the industry changes and grows that
number may not be adequate. She said she knows five people that have storefront business
licenses that are not in business and haven't been in business but are holding those licenses in
case they want to use them. Ms. Carey also explained that because the business licenses are not
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transferrable, no one in the cannabis industry can sell their business. Ms. Cary explained that the
State has conceded three issues in Senate Bill 423. These include removing the advertising ban,
25 doctor limit and search and seizure.
0:26:41 Public comment Closed
Seeing no further public comment, Mayor Krauss closed public comment and opened
Commission motion, discussion and vote.
0:26:58 Cr. Becker
Cr. Becker asked questions of staff based on the public comment received.
0:32:46 Motion to provisionally adopt Ordinance No. 1811, establishing a cap for one year
on medical marijuana storefront businesses at 21.
It was moved by Cr. Becker, seconded by Mehl to provisionally adopt Ordinance No. 1811,
establishing a cap for one year on medical marijuana storefront businesses at 21.
0:33:00 Cr. Mehl asked for clarification on the motion confirming the motion concurs with the
staff recommended language provided in the memorandum.
0:33:21Vote on the motion to provisionally adopt Ordinance No. 1811, establishing a cap
for one year on medical marijuana storefront businesses at 21 'per staff recommendations
in the memorandum'.
Those voting Aye being Crs. Becker, Mehl, Taylor, Andrus and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
0:34:03 2. Provisional Adoption of Ordinance No. 1804, amending Title 18, Unified
Development Ordinance to revise Zoning related provisions (Saunders)
0:34:15 Chris Saunders, Planning staff
Mr. Saunders provided the staff presentation on this item.
0:50:42 Public Comment
Mayor Krauss opened public comment, no person commented. Mayor Krauss closed public
comment.
0:50:51 Motion that having heard and considered public testimony, the materials presented
in the packet, and the review criteria for adoption of an ordinance under the City's zoning
authority I find that the text of Ordinance 1804 is consistent with the criteria and move to
provisionally adopt Ordinance 1804.
It was moved by Cr. Mehl, seconded by Cr. Taylor that having heard and considered
public testimony, the materials presented in the packet, and the review criteria for
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adoption of an ordinance under the City's zoning authority I find that the text of
Ordinance 1804 is consistent with the criteria and move to provisionally adopt Ordinance
1804.
0:51:20 Discussion on the motion.
1:01:41 Vote on the motion that having heard and considered public testimony, the
materials presented in the packet, and the review criteria for adoption of an ordinance
under the City's zoning authority I find that the text of Ordinance 1804 is consistent with
the criteria and move to provisionally adopt Ordinance 1804.
Those voting Aye being Crs. Mehl, Taylor, Andrus and Becker.
Those voting No being Mayor Krauss.
The motion passed 4-1.
1:02:06 3. Provisional Adoption of Ordinance No. 1809, Amending Title 18, Unified
Development Ordinance to replace the Site Plan Review chapter (Saunders)
1:02:21 Chris Saunders, Planning Staff
Mr. Saunders provided the staff presentation on this item.
1:10:00 Commission questions for staff.
1:12:55 Public Comment
Mayor Krauss called for public comment. Seeing none, Mayor Krauss closed public comment.
1:13:15 Motion and Vote that having heard and considered public testimony, the materials
presented in the packet, and the review criteria for adoption of an ordinance under the
City's zoning authority I find that the text of Ordinance 1809 is consistent with the criteria
and move to provisionally adopt Ordinance 1809.
It was moved by Cr. Taylor, seconded by Cr. Andrus that having heard and considered
public testimony, the materials presented in the packet, and the review criteria for
adoption of an ordinance under the City's zoning authority I find that the text of
Ordinance 1809 is consistent with the criteria and move to provisionally adopt Ordinance
1809.
Those voting Aye being Crs. Taylor, Andrus, Becker, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
1:13:48 4. Provisional Adoption of Ordinance No. 1808, amending Title 18, Unified
Development Ordinance to modify review procedures for Subdivisions (Saunders)
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1:13:50 Chris Saunders, Planning Department
Mr. Saunders provided the staff presentation on this item.
1:20:18 Commission questions for staff.
1:25:19 Public Comment
Mayor Krauss opened public comment. Seeing none, Mayor Krauss closed public comment.
1:25:29 Motion and Vote that having heard and considered public testimony, the materials
presented in the packet, and the review criteria for adoption of an ordinance under the
City’s subdivision review and self-government powers authority I find that the text of
Ordinance 1808 is consistent with the review criteria and move to provisionally adopt
Ordinance 1808.
It was moved by Cr. Andrus, seconded by Cr. Becker that having heard and considered
public testimony, the materials presented in the packet, and the review criteria for
adoption of an ordinance under the City’s subdivision review and self-government powers
authority I find that the text of Ordinance 1808 is consistent with the review criteria and
move to provisionally adopt Ordinance 1808.
Those voting Aye Being Crs. Andrus, Becker, Mehl, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
1:26:08 5. Appointment to the Economic Development Council (Kissel)
1:26:18 Cr. Mehl
Cr. Mehl indicated other Commissioners had requested this be delayed to the next meeting.
1:26:24 Cr. Becker
Cr. Becker asked for clarification regarding city residency requirements for this board as there
are applicants outside of the city applying and being passed forward to the Commission.
1:30:04 Greg Sullivan, City Attorney
Mr. Sullivan clarified that the municipal code provisions pertaining to residency on the
Economic Development Council states the majority of the council shall be residents of the city.
Non-resident members shall have some interest in the city by virtue of working in the city or
owning property in the city.
1:30:48 Motion to appoint Matt Ekstrom to the (Economic Development Council) vacancy.
It was moved by Cr. Mehl, to appoint Matt Ekstrom to the (Economic Development
Council) vacancy.
1:31:04 The motion died for lack of a second.
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1:31:13 Motion to appoint Wendy Bay Lewis (to the Economic Development Council).
It was moved by Cr. Becker, seconded by Cr. Andrus to appoint Wendy Bay Lewis (to the
Economic Development Council).
1:31:31 Commission discussion on the motion.
1:33:17 Vote on the motion to appoint Wendy Bay Lewis (to the Economic Development
Council).
Those voting Aye being Crs. Becker, Andrus, Mehl and Taylor.
Those voting No being Mayor Krauss.
The motion passed 4-1.
1:33:47 6. Reappointment to the Northeast Urban Renewal Board (Kissel)
1:33:59 Motion to reappoint Robert Pavlic, a business owner within the district, as a voting
member of the Northeast Urban Renewal Board.
It was moved by Cr. Taylor, seconded by Cr. Andrus to reappoint Robert Pavlic, a
business owner within the district, as a voting member of the Northeast Urban Renewal
Board.
1:34:23 Discussion on the motion.
1:34:34 Vote on the motion to reappoint Robert Pavlic, a business owner within the district,
as a voting member of the Northeast Urban Renewal Board.
Those voting Aye being Crs. Taylor, Andrus, Becker, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
1:34:48 7. Reappointment to the Parking Commission (Kissel)
1:34:56 Motion and vote to reappoint Pam Bryan to the Parking Commission.
It was moved by Cr. Andrus, seconded by Cr. Becker to reappoint Pam Bryan to the
Parking Commission.
Those voting Aye being Crs. Andrus, Becker, Mehl, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
1:35:21 K. FYI/Discussion
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1:36:04 1. Music on Main Update
Chuck Winn, Assistant City Manager added to what Lieutenant McManis stated earlier
reminding the Commission they did meet at least twice with the Music on Main representatives.
They did offer to contribute financially to the costs of overtime. The city is very aware of some
of the activity that goes on in the periphery and the Bozeman Police officers are instigating,
walking, bicycling and regular patrols to affect that in a positive way. They will continue to
monitor that.
1:37:09 2. Thanks to Chris Saunders for all the work he has done on the zoning changes
that were made today.
Mayor Krauss thanked Chris Saunders and asked for an update on additional changes.
1:37:39 Chris Saunders, Planning Department
Mr. Saunders responded that discussion will take place on August 8th regarding further possible
revisions.
1:38:30 L. Adjournment
Mayor Krauss adjourned the meeting at 7:49 p.m.
____________________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen CMC, City Clerk
PREPARED BY:
_____________________________________
Aimee Kissel, Deputy City Clerk
Approved on __________________________.
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