HomeMy WebLinkAbout09-19-11 Minutes, City Commission LINKED MINUTES OF 'THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
September 19, 2011
The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North
Rouse on Monday, September 19, 2011. Present were Mayor Jeff Krauss, Commissioner Cyndy
Andrus, Commission Sean Becker, Commissioner Chris Mehl and Commissioner Carson Taylor,
Assistant City Manager Chuck Winn, Finance Director Anna Rosenberry, City Attorney Greg
Sullivan and City Clerk Stacy Ulmen.
**Please refer to the audio recording of this meetingfor additional detail,
0:09:31 A. Call to Order—6 p.m.—Commission Room, City Hall, 121 North Rouse
Mayor Krauss called the meeting to order.
0:09.36 B. Pledge of Allegiance and a Moment of Silence
0:10:27 Welcome
Mayor Krauss welcomed everybody to the meeting.
0:10:32 C. Changes to the Agenda
Mayor Krauss asked Assistant City Manager Chuck Winn if there were any changes to the
Agenda. Mr. Winn stated no.
0:10:39 D. Consent
L Authorize Payment of Accounts Payable Claims (LaMeres)
2. Authorize City Manager to sign and submit Grant application for the Montana
Community Development Block Grant, Economic Development Program 2011 Planning
Grant, in partnership with the State of Montana's Department of Natural Resources and
Conservation (Fontenot)
3. Ratify Fire Chief's signature on 2011 Assistance to Firefighters Grant Application
(Shrauger)
4. Approve the monthly report for the Building Inspection Division for August,2011 (Risk)
0:10:52 Public Comment
Mayor Krauss opened public comment on the Consent Agenda.
No person commented.
Mayor Krauss closet public comment.
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Minutes of the Bozeman City Commission,September 19,2011
0:11:03 Motion and Vote to approve Consent Items D. 1-4.
It was moved by Cr. Andrus, seconded by Cr. Becker to approve Consent Items D. 1-4.
Those votina Ave beine Crs. Andrus, Becker, Mehl, Taylor and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
0:11:20 E. Public Comment
Mayor Krauss opened general public comment.
No person commented.
Mayor Krauss closed general public comment.
0:12:30 F. Mayoral Proclamation—Gold Star Mother's and Families' Day, September
24th
Mayor Krauss declared September 24th as Gold Star Mother's and Families' Day.
0.15:42 G. Action Items
0:15:46 1. Continued Consideration of Site Plan and Certificate of Appropriateness for
Digital Skylines Application No. Z-11139, 705 Bridger Drive (Saunders)
0:15:51 Mayor Krauss
Mayor Krauss stated that he will entertain public comment on all factors of this application.
0:15:52 Chris Saunders,Assistant City Planner
Mr. Saunders gave the staff presentation regarding the Continued Consideration of Site Plan and
Certificate of Appropriateness for Digital Skylines Application No. Z-11139, 705 Bridger Drive.
025:05 Commission Questions for Staff
The Commission and Staff discussed expertise, gaps in service and setbacks from residential
areas.
0:30:03 Kevin Howell, Applicant representing Verizon Wireless
Mr. Howell gave the applicant presentation regarding the Site Plan and Certificate of
Appropriateness for Digital Skylines Application No. Z-11139, 705 Bridger Drive.
0:35:37 Commission Questions for Applicant
The Commission and Applicant spoke regarding how far the signal would span along with the
height of the tower, needs and spectrums.
1:02.29 Public Comment
Mayor Krauss opened public comment.
1:02:59 Jean TromhjE, Public Comment
Ms, Trombly of 2413 Birdie Drive spoke regarding the M-1 Zoning, the location and potential
danger to residents. She urged the Commission to not approve the Tower at this site.
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Minutes of the Bozeman City Commission,September 19,2011
1:06:09 David Andreasi,Public Comment
Mr. Amdreasi spoke regarding his condo project that is right in the path of the tower. It is only
65ft from the tower and this poses a threat to his property. The tower needs to have a safe site.
He stated that a no vote will say that the Commission cares.
1:09:03 Don Lucker,Public Comment
Mr, Lucker spoke regarding the future. He stated that the City codes are out of date. We need a
moratorium to look at present codes. He spoke regarding respecting quality of life. He is not
against cell activity but has a concern of safety. He asked that the Commission deny the
application and work with Verizon to find a different site.
1:13:38 Brian Gallik,Public Comment
Mr. Gallik stated that he is representing the core protection group and spoke regarding the
August 18th letter that was submitted by the group he represents. He spoke regarding the Federal
standards and gap in coverage. This is in the City's entry way corridor. This will come back in
the future. He urged the Commission to act accordingly,
1:15:39 Public Comment closed
Mayor Krauss closed public comment.
1:15:50 Commission Questions for staff
The Commission and staff spoke regarding zoning and uses.
1:20:25 Applicant Rebuttal
The Applicant rebutted the public comment in regards to concerns regarding fall zones, other
locations, and height.
1:25:11 Questions for Applicant
1-31:56 Public Hearing Closed.
Mayor Krauss closed the public hearing.
1:32:22 Greg Sullivan, City Attorney
Mr. Sullivan reminded the Commission that there is a previous motion on the floor to be acted
upon. He stated that the staff recommendation is to withdraw the motion.
1:32:34 Stacy Ulmen, City Clerk
Ms. Ulmen read back to motion from the previous meeting.
1:32:59 Motion and Vote to withdraw the motion from August 15,2011 as follows:It was
moved by Cr. Taylor, seconded by Cr.Mehl that having heard and considered public
testimony, the materials presented in the packet and finding that the application is in
conformance with the requirements of the City of Bozeman,I move to approve application Z-
11139 as amended by the August 3, 2011 submittal with the conditions and code requirements
contained in the staff report.
It was moved by Cr. Taylor, seconded la Cr. Mehl to withdraw the motion from August
153 2011 as follows: It was moved hE Cr. Taylor seconded by Cr. Mehl that havin heard and
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Minutes of the Bozeman City Commission,September 19,2011
considered public testimony, the materials presented in the packet and rindiLng that the
y2plication is in conf re W o f Bozeman, I move to
ormance with the irements of the C_q
yMrove qMlication Z-11139 as amended by the August 3, 2011 submittal with the conditions
and code requirements contained in the staff report.
Those voting Ave being Crs. Taylor, Mehl, Andrus, Becker and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
1:33:36 Motion that having heard and considered public testimony, materials presented in
the packet, and finding that the application is in conformance with the requirements of the
City of Bozeman, I move to approve application Z-11139 as amended by the August 3,
2011submittal with the conditions and code requirements contained in the staff report.
It was moved by Cr. Becker, seconded by Cr. Mehl that Having heard and considered
public testimony, materials presented in the packet, and finding that the application is in
conformance with the requirements of the City of Bozeman, I move to approve application
Z-11139 as amended by the August 3,2011 submittal with the conditions and code
requirements contained in the staff report.
1:34:02 Commission discussion on the Motion
The Commission spoke regarding alternatives, gaps in service, public comment, the appearance
of the tower, setbacks, safety, utilities, moratoriums, height, view shed and other locations.
2:06:32 Greg Sullivan, City Attorney
Mr. Sullivan pointed out aesthetics and how it is applied within the Bozeman Municipal Code
within the telecommunications area.
2:08:41 Amendment to the Main Motion that the language read by Cr. Becker would
remain the same, but add the finding after the City of Bozeman "if the tower is 60ft or
less".
It was moved by Cr. Mehl, seconded by Cr. 'Taylor that the language read by Cr. Becker
would remain the same, but add the finding after the City of Bozeman "if the tower is 60ft
or less".
2:09:19 Commission Discussion on the Amendment
2:11:54 Friendly Amendment to the Amendment to add "and use the September 7th mono
pole submittal"
Cr. Mehl and Cr. Taylor agreed to add: "and use the September 7th mono pole submittal"
to the amendment.
2:12:40 Commission Discussion
2:12:52'Vote on the Amendment that the language read by Cr. Becker would remain the
same, but add the finding after the City of Bozeman "if the tower is 60ft or less" and use
the September 7th mono pole submittal.
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Minutes of the Bozeman City Commission,September 19,2011
Those voting Aye being Crs. Mehl, Talor and Mayor Krauss.
Those voting No being Crs. Andrus and Becker.
The motion passed 3-2.
2:13:19 Vote on the Main Motion that having heard and considered public testimony,
materials presented in the packet, and finding that the application is in conformance with
the requirements of the City of Bozeman, if the tower is 60ft or less, I move to approve
application Z-11139 as amended by the August 3,2011 September 7th Mono Pole submittal
with the conditions and code requirements contained in the staff report.
Those voting A
ye being Crs. Mehl, Talor and Mayor Krauss.
Those voting No being Crs. Becker and Andrus.
The motion passed 3-2.
2:13:43 Break
Mayor Krauss declared a break.
2:27:41 Meeting called back to order
Mayor Krauss called the meeting back to order,
2:28:04 2. Public Hearing and Consideration of Audrey's Pizza Outdoor Seating
Conditional Use Permit and Certificate of Appropriateness with Deviation, Application No.
Z-11198 (Riley)
2:28:38 Doug Riley, Associate Planner
Mr. Riley gave the staff presentation regarding Audrey's Pizza Outdoor Seating Conditional Use
Permit and Certificate of Appropriateness with Deviation, Application No. Z-11198.
234:20 Commission Questions for Staff
The Commission and Staff spoke regarding the distance of the overhang on the building and the
awning.
2:35:59 Angie Schlegal, Applicant
Ms. Schlegal gave the Applicant presentation regarding Audrey's Pizza Outdoor Seating
Conditional Use Permit and Certificate of Appropriateness with Deviation, Application No. Z-
11198,
2:36:57 Commission Questions for Applicant
The Commission and applicant spoke regarding outdoor music and parking problems.
2:38:30 Public Comment
Mayor Krauss opened public comment.
2:38:48 Julie Maxwell,Public Comment
Ms. Maxwell stated that she owns property near the restaurant. Her concern is the noise level and
the impact to her property. She has windows open in the spring, summer and fall and would like
the Commission to make the fence higher on the south side. In regards to the hours of operation
she asked that the patio be closed at 9 p.m.
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Minutes of the Bozeman City Commission,September 19,2011
2:41:50 Public comment closed
Mayor Krauss closed public comment.
2:42:05 Commission discussion with Staff
Mr. Riley spoke with the Commission about the setbacks, fencing and outside seating.
2:44:58 Public Hearing closed
Mayor Krauss closed the public hearing.
2.45:00 Motion that having reviewed the application materials, considered public comment
and all information presented, I hereby move to approve Conditional Use Permit and
Certificate of Appropriateness with Deviation application Z-11198 to allow a new outdoor
seating area, including a setback deviation and the expansion of the sale of alcohol for on-
premise consumption within the outdoor seating area, at 401 East Peach Street, commonly
known as Audrey's Pizza Oven, hereby incorporating by reference the conditions of
approval and findings included in the staff report.
It was moved by Cr. Mehl , seconded by Cr. Taylor that Havine reviewed the application
materials, considered public comment and all information presented, 1hereby move to
approve Conditional Use Permit and Certificate of Appropriateness with Deviation
application Z-11198 to allow a new outdoor seating area including a setback deviation and
the expansion of the sale of alcohol for on-premise consunintion within the outdoor scatin
area, at 401 East Peach Street, commonly known as Audrey's Pizza Oven, hereby
incorporating by reference the conditions of approval and findings included in the staff
report.
2:45:42Commission discussion on the Motion
The Commission spoke regarding noise, fencing requirements and the zoning of the area.
2:48:45 Vote on the Motion that having reviewed the application materials, considered
public comment and all information presented, I hereby move to approve Conditional Use
Permit and Certificate of Appropriateness with Deviation application Z-11198 to allow a
new outdoor seating area, including a setback deviation and the expansion of the sale of
alcohol for on-premise consumption within the outdoor seating area, at 401 East Peach
Street, commonly known as Audrey's Pizza Oven,hereby incorporating by reference the
conditions of approval and findings included in the staff report.
Those voting Ave being* Crs. Mehl, Taylor, Andrus,Becker and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
2:49:28 3. Request to Amend Fiscal Year 2012 Transportation Impact Fee Capital
Improvement Program (Saunders)
2,49.34 Chris Saunders,Assistant Planning Director
Mr. Saunders gave the staff presentation regarding the request to Amend Fiscal Year 2012
Transportation Impact Fee Capital Improvement Program.
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Minutes of the Bozeman City Commission,September 19 2011
2:51:24 Commission questions for Staff
The Commission and staff discussed credit towards future work and transferring credits.
2:55:11 Applicant Presentation
The Applicant representing Norton Properties and the J&D Family Partnership gave the
presentation regarding the request to Amend Fiscal Year 2012 Transportation Impact Fee Capital
Improvement Program.
3:02:24 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment,
3:02:34 Commission Questions for staff
The Commission and Staff spoke regarding growth and the Capital Improvement Plan, creating
Special Improvement Districts and conversations with developers.
3:05:55 Public hearing closed
Mayor Krauss closed the public hearing.
3:06:05 Motion that having heard and considered evidence and public testimony, I find that
amending the capital improvement program to include the center turn lane of West
Babcock Street west of North Cottonwood Road and the widening of North Cottonwood
Road at this time is detrimental to the proper operation of the transportation impact fee
program and negatively affects other prioritized projects already included on the CIP and
therefore, I move to retain the Transportation Impact Fee capital improvement program as
currently established.
It was moved by Cr. Ta ylor seconded ky Cr. Andrus that Having heard and considered
evidence and public testimony, I find that amendina thecapital improvement program to
include the center turn lane of West Babcock Street west of North Cottonwood Road and
the widenina of North Cottonwood Road at this time is detrimental to the l2roPer operation
of the transportation impact fee program and negatively affects other 12rioritized projects
already included on the CIP and therefore, I move to retain the Transportation Impact Fee
capital improvement Program as currently established.
3:06:49 Discussion on the Motion
3:16:24 Vote on the Motion to that Having heard and considered evidence and public
testimony, I find that amending the capital improvement program to include the center
turn lane of West Babcock Street west of North Cottonwood Road and the widening of
North Cottonwood Road at this time is detrimental to the proper operation of the
transportation impact fee program and negatively affects other prioritized projects already
included on the CIP and therefore, I move to retain the Transportation Impact Fee capital
improvement program as currently established.
Those voting Ale being Cr. Taylor.
Those voting No being Crs. Andrus,Becker,Mehl and Mayor Krauss.
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Minutes of the Bozeman City Commission,September 19,2011
The motion failed 1-4.
3:16:47 Motion that having heard and considered evidence and public testimony, I find the
addition of a center turn lane on W. Babcock Street and the expansion of North
Cottonwood Road is both capacity expanding and not project related as both terms are
defined in Chapter 3.24 of the Bozeman Municipal Code, therefore I move to add these
system improvements to the FY12 Transportation Capital Improvements Program list and
provide for its funding in the amount of$63,003.28 for West Babcock Street and the
amount of 5689,250.01 for North Cottonwood Road.
It was moved by,Cr. Taylor. Seconded ba Cr. Andrus that having heard and considered
evidence and public testimogy, I rind the addition of a center turn lane on W. Babcock
Street and the expansion of North Cottonwood Road is both capacity expanding and not
project related as both terms are defined in Chapter 3.24 of the Bozeman Municipal Code,
therefore I move to add these system improvements to the FY12 Transportation Capital
Improvements Program list and provide for its funding in the amount of$63,003.28 for
West Babcock Street and the amount of$689,250.01 for North Cottonwood Road.
3:17:33 Discussion on the Motion
3:21:38 Vote on the Motion that having heard and considered evidence and public
testimony, I find the addition of a center turn lane on W. Babcock Street and the expansion
of North Cottonwood Road is both capacity expanding and not project related as both
terms are defined in Chapter 3.24 of the Bozeman Municipal Code,therefore I move to add
these system improvements to the FY12 Transportation Capital Improvements Program
list and provide for its funding in the amount of S63,003.28 for West Babcock Street and
the amount of 5689,250.01 for North Cottonwood Road.
Those voting Aye bcin2 Crs. Taylor, Andrus, Becker, Mehl and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
3:22:07 4. Request to Amend Fiscal Year 2012 Water Impact Fee Capital
Improvement Program (Saunders)
3:22:27 Chris Saunders,Assistant Planning Director
Mr. Saunders gave the staff presentation regarding the request to Amend Fiscal Year 2012 Water
Impact Fee Capital Improvement Program.
3:23:42 Commission Questions for Staff
The Commission and Staff spoke regarding the completion of the water plant.
3:25:09 Public Comment
Mayor Krauss opened public comment.
No person commented,
Mayor Krauss closed public comment.
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Minutes of the Bozeman City Commission,September 19,2021
3:25:17 Motion that having heard and considered evidence and public testimony, I find that
the over sizing of the water main from 8 inch to 12 inch diameter underlying W. Babcock
Street for approximately 1,520 feet west of North Cottonwood Road is both capacity
expanding and not project related as defined pursuant to Chapter 3.24 of the Bozeman
Municipal Code and therefore, I move to add this improvement to the FY12 Water Capital
Improvements Program list and provide for its funding in the amount of$20,065.
It was moved by Cr. Andrus, seconded by Cr. Becker that having heard and considered
evidence.and public testimony, I rind that the over sizing of the water main from 8 inch to
12 inch diameter underlyinLy W. Babcock Street for approximateLy 1,520 feet west of North
Cottonwood Road is both capacityex]2anding and not project related as defined,pursuant
to Chapter 3.24 of the Bozeman Municipal Code and therefore,. I move to add this
improvement to the FY12 Water Capital Improvements Program list and provide for its
funding in the amount of$20,065.
3:25:56 Commission Discussion on the Motion
3:26:48 Vote on the Motion to that having heard and considered evidence and public
testimony, I find that the over sizing of the water main from 8 inch to 12 inch diameter
underlying W. Babcock Street for approximately 1,520 feet west of North Cottonwood
Road is both capacity expanding and not project related as defined pursuant to Chapter
3.24 of the Bozeman Municipal Code and therefore, I move to add this improvement to the
FY12 Water Capital Improvements Program list and provide for its funding in the amount
of 520,065.
Those voting Ave being Crs. Andrus, Becker, Mehl, Taylor and Ma or Krauss.
Those voting No being none.
The motion passed 5-0.
3,27:05 5. Continued Public Hearing and Consideration of Impact Fee Appeal No.
1102 and Impact Fee Credit Request No. 1101 from Norton and J&D Family Partnership
(Saunders)
3:27:15 Chris Saunders, Assistant Planning Director
Mr. Saunders gave the staff presentation regarding Continued Public Hearing and Consideration
of Impact Fee Appeal No. 1102 and Impact Fee Credit Request No. 1101 from Norton and J&D
Family Partnership.
3:29:06 Commission Questions for Staff
The Commission and Staff discussed project related improvements.
3,30:52 Applicant Presentation
The Applicant representing Norton Properties and the J&D Family Partnership gave the
presentation regarding the continued Public Hearing and Consideration of Impact Fee Appeal
No. 1102 and Impact Fee Credit Request No. 1101 from Norton and J&D Family Partnership.
The applicant stated that cash is preferred for the credit.
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Minutes of the Bozeman City Commission,September 19,2011
3:31:56 Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
3:32:10 Motion that having previously adopted motions which directed the applicant's
request for impact fee credits to be added to the water and transportation impact fee
capital improvement programs and finding the request for credit consistent with the
criteria for approval in Chapter 3.24 of the Bozeman Municipal Code, I move to approve
the requested impact fee credits in the amounts of$20,065 from the water impact fee fund
provide for its funding in the amount of$63,003.28 and 5689,250.01 from the
transportation impact fee fund subject to the conditions as recommended by staff.
It was moved by Cr. Becker, seconded by Cr. Mehl that having previously adopted motions
which directed the applicant's request for impact fee credits to be added to the water and
transportation impact fee capital improvement programs and finding the request for credit
consistent with the criteria for approval in Chal2ter 3.24 of the Bozeman Municipal Code, I
move to approve the re nested impact fee credits in the amounts of$20,065 from the water
impact fee fund provide for its funding in the amount of$63,003.28 and $689,250.01 from
the transportation impact fee fund subject to the conditions as recommended by staff.
3:33:14 Commission Discussion on the Motion
The Commission and staff spoke regarding the cash payment,the amount of time it will take for
the credit.
3:34:35 Vote on the Motion that having previously adopted motions which directed the
applicant's request for impact fee credits to be added to the water and transportation
impact fee capital improvement programs and finding the request for credit consistent with
the criteria for approval in Chapter 3.24 of the Bozeman Municipal Code, I move to
approve the requested impact fee credits in the amounts of$20,065 from the water impact
fee fund provide for its funding in the amount of$63,003.28 and 5689,250.01 from the
transportation impact fee fund subject to the conditions as recommended by staff.
Those voting Aye being Crs. Becker, Mehl, Taylor,Andrus and Mayor Krauss.
Those voting No beini!none.
The motion passed 5-0.
3:35:09 6. Need Hearing to Determine whether 700 square feet of city-owned property
at 20�0 South Wallace is no longer needed for public use(Fontenot)
3:3 5:12 Brit Fontenot, Economic Development Director
Mr. Fontenot gave the staff presentation regarding the Need Hearing to determine whether 700
square feet of city-owned property at 200 South Wallace is no longer needed for public use.
Page 10 of 13
Minutes of the Bozeman City Commission,September 19 2011
3:41:09 Commission Questions for Staff
The Commission and staff spoke regarding the next time that the Commission will see the
transfer of the property, zero lot lines, non-conformance, square footage values, removing
encroachments and covenants.
3:49:33 Public comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
3:49:41 Motion that having considered the information presented by Staff,I move that the
Commission rinds that 700 square feet of city-owned property depicted on the attached
Exhibit to Certificate of Survey 460 is not needed for public use and that an appropriate
associated maintenance agreement on City property for building maintenance be executed.
It was moved by Cr. Mehl, seconded by Cr. Taylor that Having considered the information
presented by Staff, I move that the Commission finds that 700 square feet of city-owned
property depicted on the attached Exhibit to Certificate of Surv2j 460 is not needed for
public use and that an appropriate associated maintenance agreement on City property for
building;, maintenance be executed.
3:50:01 Commission discussion on the Motion
The Commission spoke regarding the value of the area, asbestos, cost of cleanup that this needs
to be added to the Tax Increment Financing (TIF) District, moving from non taxable to a taxable
status.
3:55:16 Vote on the Motion to that having considered the information presented by Staff, I
move that the Commission finds that 700 square feet of city-owned property depicted on
the attached Exhibit to Certificate of Survey 460 is not needed for public use and that an
appropriate associated maintenance agreement on City property for building maintenance
be executed.
Those voting Aye being Crs. Mehl, Taylor,Andrus,, Becker and Mayor Krauss.
Those voting No being none.
The motion passed 5-0.
3:55:29 Motion and Vote that Having found that 700 square feet of city-owned property
depicted on Exhibit Certificate of Survey 460 is not needed for public use, I move to direct
staff to initiate the steps necessary to transfer 700 square feet of property to Harrington's
Inc. and to execute an appropriate maintenance agreement on City property for building
maintenance.
It was moved by Cr. Mehl, seconded by Cr.Taylor that Having found that 700 square feet
of city-owned property depicted on Exhibit Certificate of Surva 460 is not needed for
public use I move to direct staff to initiate the steps necessan to transfer 700 sguare feet of
property to Harrington's Inc. and to execute an appropriate maintenance agreement on
City ar o
....- perty for building maintenance.
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Minutes of the Bozeman City Commission,September 19,2011
Those voting Ave being Crs. Mehl, Taylor,Andrus and Mayor Krauss.
Those voting No being Cr. Becker.
The motion passed 4-1.
3:56:39 7. Public Hearing and Consideration of Provisional Adoption of Ordinance No.
1816, Codifying the Bozeman Municipal Code (Sullivan)
3:56:44 Greg Sullivan, City Attorney
Mr. Sullivan gave the staff presentation regarding the Consideration of Provisional Adoption of
Ordinance No. 1816, Codifying the Bozeman Municipal Code.
4:06:39 Rules suspended
Mayor Krauss suspended the Rules to 10:30 p.m.
4:08:18 Commission and Staff Discussion
Commission and Staff spoke regarding the items that were taken out of the Code during the re-
codification, indemnification, typos and editorial changes.
4:13:55 Public Comment
Mayor Krauss noted that there were no public members present for public comment.
4:14:08 Motion,to provisionally adopt Ordinance No. 1816, Codifying the Bozeman
Municipal Code as set out in the 2011 final proof.
It was moved by Cr. Taylor, seconded by Cr. Andrus to provisionally ado Ordinance No.
1816, Codifying the Bozeman Municipal Code as set out in the 2011 final j2roof.
4:14:22 Commission Discussion on the Motion
4:15.58 Vote on the Motion to provisionally adopt Ordinance No. 1816, Codifying the
Bozeman Municipal Code as set out in the 2011 final proof.
Those voting Aye being Crs. Taylor, Andrus, Becker,Mehl and Mayor Krauss.
Those voting No being none.
The Motion passed 5-0.
4:16:16 8. (Re)Appointments to the Building Board of Appeals (Kissel)
4:16:27 Motion and Vote'to (re) appoint Robert Lashaway and appoint Andrea Michael to
the Building Board of Appeals.
It was moved by Cr. Mehl seconded by Cr. Taylor to (re) appoint Robert Lashawgj and
appoint Andrea Michael to the Building Board of Appeals.
Those voting Aye beine Crs. Mehl,Taylor, Andrus, Becker and Mayor Krauss.
Those voting No being none
The motion passed 5-0.
Page 12 of 13
Minutes of the Bozeman City Commission,September 19,2011
4,16:50 H. FYI/Discussion
4,16:58 1. MMTA Email regarding Workman's Comp award
Mr. Winn spoke regarding a recent award given to the City by MMIA for Workman's Comp.
4:18:01 2. Thursday District Hearing
4:18:52 3. Video Tour Book is up and Live
4:20:17 4. Recommendations coming forward from the Parking Commission and the Cash-in-
lieu program
4:21:04 5. Staff and Mayor have met with Department of Revenue regarding taxable valuations.
4:33:35 1, Adjournment
Mayor Krauss adjourned the meeting at 10.23 p.m.
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