HomeMy WebLinkAbout09-10-12 Minutes, City Commission CO.
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
September 10, 2012
The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday,
September 10, 2012. Present were Mayor Sean Becker, Commissioner Chris Mehl,
Commissioner Cyndy Andrus, Commissioner Carson Taylor, City Manager Chris Kukulski,
Assistant City Manager Chuck Winn, City Finance Director Anna Rosenberry, City Attorney
Greg Sullivan, and City Clerk Stacy Ulmen.
*These minutes are not ward for word and should be considered along with the audio recording,
0:04:2.6 A. Call to Order-6 p.m.- Commission Room, City Hall, 121 North
Rouse
Mayor Becker called the meeting to order.
0:04:40 B. Pledge of Allegiance and a Moment of Silence
0:05:18 C. Changes to the Agenda
Mayor Becker asked City Manager Chris Kukulski if there were any changes to the
Agenda. Mr. Kukulski stated that staff would like Action Item No. 7 removed
from the Agenda.
0:06:59 D. Public Service Announcement— Introduction of new Public
Works Director Craig Woolard
Mr. Kukulski introduced Craig Woolard as the new Public Works Director. Mr.
Woolard introduced himself and stated that he is looking forward to being part of
the community.
0:08:01 E. Authorize Absence of Deputy Mayor Krauss
0:08:05 Motion and Vote to approve the absence of Deputy Mayor Krauss.
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Minutes of the Bozeman City Commission,September 10,2012
It was moved by Cr. Andrus, seconded by Cr. Mehl to approve the absence of
Those voting Aye being Crs. Andrus, Mehl, Taylor and Mayor Becker,.
Those voting No being none.
The motion passed 4-0.
0:08:1/1F. Minutes —August 8i2012
0:08:17 Motion and Vote to approve the Minutes from August 6th as
submitted.
It was moved by Cr. Mehl, seconded §Y Cr. Taylor to approve the Minutes
from Aueust 6th as submitted.
Those voting A
le being Crs. Mehl, Taylor, Andrus and Mayor Becker.
Those votint! No being none.
The motion passed 4-0.
0:08:29 G. Consent
I. Authorize Payment ufAccounts Payable Claims(LaK4ereo)
2. Authorize City Manager to sign a Public PerkEasenment for the Southbridge Major
Subdivision, Phase 1,Application P-12OO8 (Ske|ton)
3. Authorize City Manager to sign a Public Street Easement for the 8th Elementary School
Project of Public School District No. 7 (Murray)
4� Authorize City Manager to sign Professional Services Agreement withThinkOne
Architects for the Design mfe Municipal Courts and Police Facility(VVion)
S. Approve Designation of Save America's Treasures Grant funding for rehabilitation
projects at the Rialto Theatre and on North Willson Avenue for the Caird Streetlamp
Restoration and authorize City Manager to sign associated Contracts (Kramer)
G. Approve Removal of Mr.John Hoagland from the Economic Development Council for
Accruing Three or More Consecutive and Unexcused Absences from Regularly Scheduled
ED[ Meetings (Fontenot)
7. Approve the Southbridge Major Subdivision, Phase 1 Final Plat to subdivide 9.510 acres
and authorize the Director ofPublic Service tm execute the same,Application P-12088
(Skelton)
D. Approve the Southbridge Major Subdivision, Park Master Plan,Application P'120O8as
recommended by the Recreation and Parks Advisory Board (Ske|ton)
9. Approve Mayoral Proclamation Declaring September Thriving Community Month
(Bruockhoot)
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Minutes of the Bozeman City Commission,September 10,2012
10. Approve Resolution No. 4394,Authorizing City Manager to sign Change Orders 1
through 5 for the Downtown Bozeman 5tree%scapeImprovements (Johnson)
11. Approve Resolution No.4395,Annexing the 42.935acre tract for the 8th Elementary
School Project ofPuhOcSchoolDisthct7,App|icationA-lZODl (Ri|ey)
12� Approve Resolution No.4398, Authorizing City Manager to sign Change Order 3 for the
Water Reclamation Facility, Digester No. 3 and Solids Devvatering Building (Murray)
13. Provisionally Adopt Ordinance No. 1840, Zone Map Amendment to Public Lands and
Institutions on the 42.935 acre tract for the 8th Elementary School Project of Public
School District 7,Application Z-12055 (Riley)
14. Provisionally Adopt Ordinance No. 1841 authorizing City Manager to enter into a3-year
ground lease with Steven Dayhuff for the lease of Water Treatment Plant property near
Mystic Heights Subdivision for the purpose of grazing (Arke||/VVou|ard)
15. Approve Municipal Code Amendment Z-12064, Finally Adopting Ordinance No. 1827,
amending the Unified Development Code (UDC) provisions regarding the Board of
Adjustment to enable the City Commission to place it on hiatus, and to consolidate
references to review authorities and expand administrative approval authority
throughout the Unified Development Code in conjunction with Ordinance Nn. 1828
(Saunders)
26. Approve Municipal Code Amendment Z-12064, Finally Adopting Ordinance No. 1828,
amending the text of the Unified Development Code to consolidate references to review
authorities throughout Chapter 38 in coordination with Ordinance 1827 (Saunders)
17. Approve Municipal Code Amendments Z-12187, Finally Adopting Ordinance No. 1830,
clarifying authorized residential uses and establishing a reasonable accommodation
procedure |n the Unified Development Code, and amendments to additional sections
which are relevant tothe same topic (MnHorg)
18. Finally Adopt Ordinance No. 1839,Zone Code Amendment No. Z-12163, revising
Provisions for Water Rights with Development in Bozeman Municipal Code Section
38.23.180 (Saunders)
0:08:32 Public Comment
Mayor Becker opened public comment 0lthe C0DSeDl Agenda.
0:08:57 'Winn JessyX, Public Comm,ent
Mr. Jessup stated that he is the Emerson President. He spoke regarding the SAT
funding and like the ' considered.
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O:T2:l6
Ms. Vennessa Skelton, Puhlic Comment
Skelton spoke regarding Thrive Community .
0:14:01 Kayla Ow?*, Public Comment
��� .
^.^.. �r4�rD(y spoke regarding llIrIve's purpose.
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Minutes of the Bozeman City Commission,September 10,2012
0:15:35 Kevin Vaineyoh, Public Comment
Mr. V,aineyoh of Silverbow County spoke regarding the SAT Grant and urged the
Commission to support the Emerson. He urged that those who receive the funding
be required to have a business plan.
0:18:45 Public comment closed
Mayor Becker closed public comment.
0:18:48 Commission discussion
The Commission and staff spoke regarding possible agenda placement of Consent
Item 5. Approve Designation of Save America's Treasures Grant funding for
rehabilitation projects at the Rialto Theatre and on North Willson Avenue for the
Caird Streetlamp Restoration and authorize City Manager to sign associated
Contracts. The Commission agreed to add this as Action Item no. I tonight.
0:22:01 Motion and Vote to approve Consent Items G. 1-4 and 6-18 as
submitted.
It was moved by Cr. Taylor, seconded by Cr. Andrus to approve Consent
Items G. 1-4 and 6-18 as submitted.
Those voting &e being Crs. Taylor, Andrus, Mehl and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
0:22:27 H. Public Comment
Mayor Becker opened general public comment.
0:22:45 Don Alurdock, Public Comment
Mr. Murdock spoke regarding Action Item No. 4. He is concerned about the rules
and regulations associated with the project.
0:25:17 Be yt Stroock, Public Comment
Ms. Stroock of 1350 Story Mill Road urged the Commission to approve the
Integrated Water Resources Plan Contract amendment.
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Minutes of the Bozeman City Commission,September 10,2012
0:27:11 Joan Montain, Public Comment
Ms. Montain of 1105 South Tracy urged that money be put into the Integrated
Water Plan.
0:28:22 ,Georee Metcalf, Public Comment
Mr. Metcalf from the Four Comers area spoke regarding the Integrated Water
Resources Plan,
0:29:34 Public Comment closed
Mayor Becker closed public comment.
0:29:41 I. Mayoral Proclamation —Proclaiming September Thriving
Community Month
Mayor Becker proclaimed September as Thriving Community Month.
0:30:54 J. Action Items
0:30:58 1. Consent Agenda Item 5. Approve Designation of Save America's
Treasures Grant funding for rehabilitation projects at the Rialto Theatre and
on North Willson Avenue for the Caird Strectlamp Restoration and authorize
City Manager to sign associated Contracts.
0:31:00 Courtney Kramer, Planning Associate/Historic Preservation officer
Ms. Kramer gave a background regarding the Save America's Treasures grant
which is Federal funding, She spoke regarding the selection committee process of
reviewing the applications.
0:36:18 Commission questions for Staff
The Commission and Staff spoke regarding the grant application process, how
items are scored, the amounts requested, Committee members on the Historic
Preservation Board, the National Park Service funding, notification and
advertisement for applications,
0:51:32 Public Comment re-opened
Mayor Becker re-opened public comment.
0:51:38 Kevin Vainevoh, Public Comment
Mr. Vaineyoh spoke regarding the allocation of the money and the need to make
sure that the applicants follow through with the project.
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Minutes of the Bozeman City Commission,September 10,2DJ2
0:52:16 Eric Winker, Public Comment
Mr. Winka stated that he works with the Rialto and spoke regarding fundraising
efforts.
0:55:08 Public comment closed
Mayor Becker closed public comment.
0:55:25 Motion made and failed due to a lack of a second.
It was moved by Cr. Mehl to approve Designation of Save America's
Treasures Grant funding for rehabilitation,projects at the Rialto Theatre and
on North Willson Avenue for the Caird Streetlamp Restoration and authorize
City Manaj!er to sign associated Contracts as submitted.
0:55:36 Motion to continue this item to next week.
It was moved by Cr. Taylor, seconded by Cr. Andrus to continue this item to
next week.
0:55:48 Discussion on the Motion
The Commission discussed the need to have more discussion about this, applicant
commitments, funding allocations, the need for more information and the amount
of staff time spent on this.
1:06:38 Vote on the Motion to continue this item to next week.
Those voting Ale being Crs. Taylor, Andrus, Mehl and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
1:06:57 J. Action Items
1:06:58 1. Integrated Water Resources Plan Update and Contract Amendment
(Heaston)
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Minutes of the Bozeman City Commission,September 10,2012
1 :07:31 Brian Heaston, Project Engineer
Mr. Heaston gave the staff presentation regarding the Integrated Water Resources
Plan Update and Contract Amendment. He highlighted budget effects and the cost
for the consultant.
1 :12:50 Gretchen Rupp, Technical Advisory Committee Chair
Ms. Rupp spoke regarding the contract amendment and what the people will get
for the increased funding and the public involvement process.
1:1.8:13 Commission Questions for Staff
The Commission and Staff spoke regarding the consultant and the need for the
amendment, what the increased cost will cover, analyzing options, and phases to
the study.
1 :34:17 Public Comment
Mayor Becker opened public comment.
1 :34:28 Peter Skidmore, Public Comment
Mr. Skidmore of 323 North Plumb stated that he serves on the TAC and spoke
regarding engaging on a technical level.
1:36:21 Public Comment closed
Mayor Becker closed public comment.
1 :36:27 Motion' to approve amendment no. 1 to Professional Services
Agreement with AE2S, Inc. for the Integrated Water Resources Plan in the
amount of$54,250.
It was moved by Cr. Andrus, seconded by Cr. Mehl to approve amendment
no. I to Professional Services Aueement with AE2S, Inc. for the Inte grated
Water Resources Plan in the amount of$54,250.
1:36:49 Discussion on the Motion
The Commission discussed public involvement, water needs, community buy-in
and involvement, conservation and demand.
1.-45:07 Vote on the Motion to approve amendment no. I to Professional
Services Agreement with AE2S, Inc. for the Integrated Water Resources Plan
in the amount of S54,250.
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Minutes of the Bozeman City Commission,September 10 2012
Those votin2 Ave being Crs. Andrus, Mehl, Taylor and Mayor Becker.
Those votini! No bcinf! none.
The motion passed 4-0.
1:45:19 Break
Mayor Becker declared a break.
2:00:25 2. My Place Hotel Site Plan, Certificate of Appropriateness, with
Deviations at 5889 Last Valley Center Road, Application No. Z-12169 (Quasi-
Judicial) (Krueger)
2:00:50 Brian Krueger, Planner
Mr. Krueger gave the staff presentation regarding the My Place Hotel Site Plan,
Certificate of Appropriateness, with Deviations at 5889 East Valley Center Road,
Application No. Z-12169.
2:04:46 Commission questions for Staff
The Commission and the Staff discussed the conditions.
2:05:33 Applicant Presentation
Ryan Rivet gave the applicant presentation for the project.
2:06:57 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
2:07:03 Motion that having reviewed application materials, considered public
comment, and all information presented, I hereby adopt the findings
presented in the staff report for application Z-12169 and move to approve the
site plan, certificate of appropriateness, and deviations with conditions and
subject to all applicable code provisions.
It was moved by Cr. Mehl, seconded by Cr. Tavlor that having reviewed
application materials, considered public comment, and all information
presented, I hereby ado the findings presented in the staff Leport for
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Minutes of the Bozeman City Commission,September 10,2012
application Z-12169 and move to approve the site plan, certificate of
appropriateness, and deviations with conditions and subject to all applicable
code provisions.
2:07:35 Commission discussion on the Motion
2:08:02 'Vote on the Motion that having reviewed application materials,
considered public comment, and all information presented, I hereby adopt the
findings presented in the staff report for application Z-12169 and move to
approve the site plan, certificate of appropriateness, and deviations with
conditions and subject to all applicable code provisions.
Those voting A
le b eing Crs. Mehl, Taylor, Andrus and Mayor Becker.
Those voting No being none.
The motion passed 4-0.
2:08-13 3. Human Resource Development Council Lodging House
Conditional Use Permit with request for Variances at 1021 North 5th Avenue,
Application Z-12188 (Quasi-Judicial) (Thorpe)
2:08:53 Keri Thorpe, Planner
Ms. Thorpe gave the staff presentation regarding the Human Resource
Development Council Lodging House Conditional Use Permit with request for
Variances at 1021 North 5th Avenue, Application Z-12188.
2:15:33 Applicant Presentation
Martin Johnson gave the Applicant Presentation for the project.
2:15:52 Commission questions
The Commission and Applicant discussed occupancy and ADA accessibility.
2:18:07 Public comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
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minutes of the Bozeman City Commission,September 10,2012
2:18:24 Motion that having reviewed application materials, considered public
comment, and all information presented, I hereby move to grant a variance to
Section 38.24.060 to waive requirements for street improvements; grant a
variance to Section 38.24.080 to waive requirements for sidewalk construction
on all public street frontages; and approve Conditional Use Permit
application Z-12188 to allow a lodging house at 1021 N. 5th Avenue; hereby
incorporating by reference the conditions of approval and findings included in
the staff report.
It was moved by Cr. Taylor, seconded by Cr. Andrus that havin reviewed
application materials, considered public comment, and all information
presented, I hereby move to grant a variance to Section 38.24.060 to waive
requirements for street improvements; grant a variance to Section 38.24.080
to waive requirements for sidewalk construction on all public street frontai!es;
and approve Conditional Use Permit application Z-12188 to allow a lodging
house at 1021 N. 5th Avenue; hereby incorporating by reference the
conditions of approval and findings included in the staff report.
2:19:10 Commission discussion on the Motion
2:20:29 Vote on the Motion that having reviewed application materials,
considered public comment, and all information presented, I hereby move to
grant a variance to Section 38.24.060 to waive requirements for street
improvements; grant a variance to Section 38.24.080 to waive requirements
for sidewalk construction on all public street frontages; and approve
Conditional Use Permit application Z-12188 to allow a lodging house at 1021
N. 5th Avenue; hereby incorporating by reference the conditions of approval
and findings included in the staff report.
Those voting Aye being Crs. Ta3jor, Andrus, Mehl and Mayor Becker.
Those votinu No being none.
The motion passed 4-0.
2:20:39 4. Churchill Conditional Use Permit and Certificate of
Appropriateness for new home construction and accessory dwelling unit at
1111 South Willson Avenue, Application Z-121992 (Quasi-Judicial) (Saunders)
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Minutes of the Bozeman City Commission,September 10,2012
2:21:20 Cr. Mehl
Cr. Mehl disclosed that he is a neighbor to this project.
2:21:33 Chris Saunders, Planner
Mr. Saunders gave the staff presentation regarding the Churchill Conditional Use
Permit and Certificate of Appropriateness for new home construction and
,accessory dwelling unit at 1 1 1 1 South Willson Avenue, Application Z-12192.
2:25:05 Commission Questions
The Commission and staff spoke regarding previous existing dwellings, and ADU
requirements.
2:29:23 Applicant Presentation
Josh Goldwin gave the applicant presentation for this project.
2:31:1.4 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
2:31:25 Motion that having reviewed application materials, considered public
comment, and all information presented, I hereby adopt the findings
presented in the staff report for application Z-12192, and move to approve the
conditional use permit with certificate of appropriateness.
It was moved by Cr. Andrus, seconded b
a Cr. Mehl that having reviewed
application materials, considered public comment, and all information
presented, I hereby adopt the findings presented in the staff report for
application Z-12192, and move to aj2prove the conditional use permit with
certificate of appropriateness.
2:31:46 Commission discussion on the Motion
2:32:16 'Vote on the Motion that having reviewed application materials,
considered public comment, and all information presented, I hereby adopt the
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Minutes of the Bozeman City Commission,September 10,2012
findings presented in the staff report for application Z-12192, and move to
approve the conditional use permit with certificate of appropriateness.
Those voting.,Ale being Crs. Andrus, Mehl, Taylor and Major Becker.
Those votini! No beinil none.
The motion passed 4-0.
2:32:315. Anytime Fitness Conditional Use Permit, Application Z-12193, at
1143 Stoneridge Drive (Quasi-Judicial) (Saunders)
2:32:53 Chris Saunders, Assistant Planning Director
Mr. Saunders gave the staff presentation regarding the Anytime Fitness
Conditional Use Permit, Application Z-12193, at 1143 Stoneridge Drive.
2:34:33 Commission questions for staff
2:35:40 Applicant Presentation
Mark Chandlier gave the applicant presentation for the project.
2:36:15 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
2:36:24 Motion and Vote that having reviewed application materials,
considered public comment, and all information presented, I hereby adopt the
findings presented in the staff report for application Z-12193, and move to
approve the conditional use permit.
It was moved by Cr. Mehl , seconded by Cr Taylor that Navin i! reviewed
application materials, considered public comment, and all information
presented, I hereby adopt the findini!s presented in the staff report for
application Z-12193, and move to approve the conditional use permit.
Those voting Ale being Crs. Mehl, Taylor, Andrus and Mayor Becker.
Those votini! No beinp, none.
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Minutes of the Bozeman City Commission,September 10,2012
The motion passed 4-0.
2:37:06 6. Zone Code Amendment No. Z-12163, Provisional Adoption of
Ordinance 1830 to relocate provisions establishing the Design Review Board
and Wetlands Review Board, Amend Chapter 20 to remove duplicative
standards for campgrounds and recreational vehicle parks, and amend
Chapter 38 to add cross references, remove redundant text, and improve
various development standards (continued from August 27, 2012) (Saunders)
2:37:45 Cr. Andrus
Cr. Andrus recused herself from this item due to a possible conflict of interest
issue.
2:38:22 Chris Saunders, Assistant Planning Director
Mr. Saunders gave the staff presentation regarding Zone Code Amendment No. Z-
12163, Provisional Adoption of Ordinance 1830 to relocate provisions establishing
the Design Review Board and Wetlands Review Board, Amend Chapter 20 to
remove duplicative standards for campgrounds and recreational vehicle parks, and
amend Chapter 38 to add cross references, remove redundant text, and improve
various development standards.
2:46:27 Commission questions
The Commission and staff spoke regarding bike parking and changing facilities,
2:48:09 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
2:48:16 Motion to provisionally adopt Ordinance No. 1830, relocating
provisions establishing the Design Review Board and Wetlands Review Board,
Amend Chapter 20 to remove duplicative standards for campgrounds and
recreational vehicle parks, and amend Chapter 38 to add cross references,
remove redundant text, and improve various development standards.
Page 13 of 16
Minutes of the Bozeman City Commission,September 10,2012
It was moved by Cr. Taylor, seconded by Cr. Mehl to provisionally adopt
Ordinance No. 1830, relocatin t! provisions establishing the Design Review
Board and Wetlands Review Board, Amend Chapter 20 to remove duplicative
standards for cam rounds and recreational vehicle parks and amend
Chapter 38 to add cross references, remove redundant text, and improve
various develogment standards.
2:48:48 Commission discussion on the Motion
2:49:31 'Vote on the Motion to provisionally adopt Ordinance No. 1830,
relocating provisions establishing the Design Review Board and Wetlands
Review Board, Amend Chapter 20 to remove duplicative standards for
campgrounds and recreational vehicle parks, and amend Chapter 38 to add
cross references, remove redundant text, and improve various development
standards.
Those votini! Ave beint! Crs. Taylor, Mehl and Mayor Becker.
Those votint! No being none.
The motion passed 3-0.
2:49:42 7. Resolution No. 4399 amending water rights resolution to
coordinate wording with Resolution 4400 establishing annexation goals and
policies and Ordinance 1839 amending Section 38.23.180, Water Rights
(Saunders)
This item was removed from the agenda to be handled at a different time.
2:49:55 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
2:50:06 8. Resolution No. 4400, amending the resolution for goals and
policies relating to Annexation to coordinate wording with Resolution 4399
that establishes policy on Water Rights, and Ordinance 1839 amending
Bozeman Municipal Code Section 38.23.180, Water Rights (Saunders)
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Minutes of the Bozeman City Commission,September 10,2012
2:50:39 Chris Saunders, Assistant Planning Director
Mr. Saunders gave the staff presentation regarding Resolution No. 4400, amending
the resolution for goals and policies relating to Annexation to coordinate wording
with Resolution 439'9 that establishes policy on Water Rights, and Ordinance 1839
amending Bozeman Municipal Code Section 38.23.180, Water Rights.
2:51:30 Commission discussion
The Commission discussed the reasoning behind pulling Resolution No. 4399 that
is in coordination with this item.
2:55:07 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
2:55:21 Motion and Vote to approve Resolution No. 4400, amending the
resolution for goals and policies relating to Annexation to coordinate with
Ordinance 1839 amending Bozeman Municipal Code Section 38.23.180, Water
Rights.
It was moved by Cr. Mehl, seconded by Cr. Taylor to al2prove Resolution No.
4400, amending the resolution for goals and policies relating to Annexation to
coordinate with Ordinance 1839 amending Bozeman Municipal Code Section
38.23.180, Water Rights.
Those voting A
le being Crs. Mehl, Ta3jor, Andrus and Major Becker.
Those voting No being none.
The motion passed 4-0.
2:55:58 K. FYI/Discussion
1. Meeting time next week.
2. Packets will be sent later in the week.
3. Wear Bobcat apparel next week!
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Minutes of the Bozeman City Commission,September 10,2012
2:59:05 L. Adjournment
Mayor Becker adjourned the meeting at 8:55 p.m.
Sean Becker, Mayor
ATTBS °'
TI
Stacy U :' -"4ty� erk
PREPARE M�A .:
Stacy Ul , C , City Clerk
Approved an
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