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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
July 8, 2013 **********************
The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday,
July 8, 2013. Present were Mayor Sean Becker, Deputy Mayor Krauss, Commissioner Carson
Taylor, Commissioner Chris Mehl, Commissioner Cyndy Andrus, City Manager Chris Kukulski,
City Attorney Greg Sullivan, and City Clerk Stacy Ulmen.
*These minutes are not word for word and should be considered along with the audio recording.
0:00:06 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse
Mayor Becker called the meeting to order at 6:02 p.m.
0:00:18 B. Pledge of Allegiance and a Moment of Silence
Mayor Becker asked that everyone remember former City of Bozeman Domestic Prosecutor
Annie Rooney who was killed by a drunk driver on July 5th.
0:02:12 C. Changes to the Agenda
Mayor Becker asked City Manager Chris Kukulski if there were any changes to the agenda. Mr.
Kukulski stated no.
0:02:16 D. Minutes – June 10, 2013
0:02:19 Motion and Vote to approve the Minutes from June 10, 2013.
It was moved by Cr. Andrus, seconded by Cr. Mehl to approve the Minutes from June 10,
2013.
Those voting Aye being Crs. Andrus, Mehl, Taylor, Deputy Mayor Krauss and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
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Minutes of the Bozeman City Commission Meeting, July 8, 2013
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0:02:37 E. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres)
2. Authorize Mayor to sign Findings of Fact and Order for the Preliminary Amended Plat of
Lot 1, Block 4, Meadow Creek Subdivision, Phase 1, Application P-13004 (Skelton)
3. Authorize City Manager to sign the 2013-2015 Sub-Recipient Agreement for the City of
Bozeman’s Community Development Block Grant Revolving Loan Fund with the Gallatin
Development Corporation, DBA the Prospera Business Network (Fontenot)
0:02:43 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
0:02:52 Motion and Vote to approve Consent Items E. 1-3 as submitted.
It was moved by Cr. Mehl, seconded by Cr. Taylor to approve Consent Items E. 1-3 as
submitted.
Those voting Aye being Crs. Mehl, Taylor, Deputy Mayor Krauss, Cr. Andrus and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
0:03:05 F. Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
0:03:20 Jay Josephs, Public Comment
Mr. Johnson is requesting that the Commission look into the Sundance Springs Subdivision pond
open space and private property issues.
0:07:40 Onica Lindow, Public Comment
Mr. Lindow urged the Commission to put more effort into swimming resources.
0:12:02 Public Comment closed
Mayor Becker closed public comment.
0:12:11 1. Provisional Adoption of Ordinance 1869, Amending Bozeman Municipal
Code Chapter 16, Article 8, Medical Marijuana related to the Number of Licensed Medical
Marijuana Storefront Businesses and other General Amendments (Price)
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Minutes of the Bozeman City Commission Meeting, July 8, 2013
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0:12:31 Ron Price, Police Chief
Chief Price gave the Staff presentation for the Provisional Adoption of Ordinance 1869,
Amending Bozeman Municipal Code Chapter 16, Article 8, Medical Marijuana related to the
Number of Licensed Medical Marijuana Storefront Businesses and other General Amendments.
0:17:56 Commission Questions for Staff
The Commission and Staff discussed the reason behind dropping the word "medical".
0:18:48 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
0:19:04 Motion to provisionally adopt Ordinance 1869 establishing a cap of twenty on
medical marijuana storefront businesses, removing the automatic annual repeal for the
number of storefront licenses, and generally amending the municipal code to comply with
the enacted changes to the Montana Marijuana Act including the revisions to Chapters 12
and 34, BMC, as presented by the City Attorney in his supplemental memorandum and
also to direct the Department of Community Development to initiate text amendments to
38.22.220, BMC (zoning standards for marijuana activities) to reflect changes in statutory
references.
It was move by Cr. Taylor, seconded by Deputy Mayor Krauss to provisionally adopt
Ordinance 1869 establishing a cap of twenty on medical marijuana storefront businesses,
removing the automatic annual repeal for the number of storefront licenses, and generally
amending the municipal code to comply with the enacted changes to the Montana
Marijuana Act including the revisions to Chapters 12 and 34, BMC, as presented by the
City Attorney in his supplemental memorandum and also to direct the Department of
Community Development to initiate text amendments to 38.22.220, BMC (zoning standards
for marijuana activities) to reflect changes in statutory references.
0:20:07 Discussion on the Motion
The Commission discussed the cap amount of 20 and the legislative terminology.
0:22:42 Amendment to the Main Motion and Vote adding the word language: "...generally
amending the municipal code language to comply"
It was moved by Deputy Mayor Krauss, seconded by Cr. Taylor to amend the motion
adding the word language: "...generally amending the municipal code language to
comply".
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Those voting Aye being Deputy Mayor Krauss, Crs. Taylor, Andrus, Mehl and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
0:23:22 Discussion on the Main Motion as amended
The Commission and staff discussed store fronts.
0:24:13 Vote on Main Motion as amended to provisionally adopt Ordinance 1869 as
amended establishing a cap of twenty on medical marijuana storefront businesses,
removing the automatic annual repeal for the number of storefront licenses, and generally
amending the municipal code (language) to comply with the enacted changes to the
Montana Marijuana Act including the revisions to Chapters 12 and 34, BMC, as presented
by the City Attorney in his supplemental memorandum and also to direct the Department
of Community Development to initiate text amendments to 38.22.220, BMC (zoning
standards for marijuana activities) to reflect changes in statutory references.
Those voting Aye being Cr. Taylor, Deputy Mayor Krauss, Crs. Andrus, Mehl and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
0:24:26 2. Provisional Adoption of Ordinance 1867, Amending Bozeman Municipal
Code Chapter 36, Article 4, related to the Montana State University Residential Parking
District and the Bozeman Senior High School Residential District (Lee)
0:25:14 Scott Lee, Parking Manager
Mr. Lee gave the staff presentation regarding the Provisional Adoption of Ordinance 1867,
Amending Bozeman Municipal Code Chapter 36, Article 4, related to the Montana State
University Residential Parking District and the Bozeman Senior High School Residential
District.
0:33:04 Commission questions for staff
The Commission and staff discussed the location of the districts, state statutes on parking
districts, looking at the MSU parking district fully,
0:36:56 Public Comment
Mayor Becker opened public comment.
No person commented.
Mayor Becker closed public comment.
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0:37:01 Motion that having conducted a public hearing and considered public comment, I
hereby move to provisionally adopt Ordinance 1867 amending Chapter 36, Article 4 of the
Bozeman Municipal Code related to the Montana State University Residential Parking
District and the Bozeman Senior High School Residential District.
It was moved by Deputy Mayor Krauss, seconded by Cr. Andrus that having conducted a
public hearing and considered public comment, I hereby move to provisionally adopt
Ordinance 1867 amending Chapter 36, Article 4 of the Bozeman Municipal Code related
to the Montana State University Residential Parking District and the Bozeman Senior
High School Residential District.
0:37:32 Commission discussion on the Motion
The Commission discussed the location of the high school and passes allowed in the districts.
0:39:31 Vote on the Motion that having conducted a public hearing and considered public
comment, I hereby move to provisionally adopt Ordinance 1867 amending Chapter 36,
Article 4 of the Bozeman Municipal Code related to the Montana State University
Residential Parking District and the Bozeman Senior High School Residential District.
Those voting Aye being Deputy Mayor Krauss, Crs. Andrus, Mehl, Taylor and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
0:39:48 3. Reappointments to the Community Alcohol Coalition (Brunckhorst)
0:39:50 Motion and Vote to reappoint Jenny Haubenreiser and Katie Noland to the
Community Alcohol Coalition.
It was moved by Cr. Taylor, seconded by Deputy Mayor Krauss to reappoint Jenny
Haubenreiser and Katie Noland to the Community Alcohol Coalition.
Those voting Aye being Cr. Taylor, Deputy Mayor Krauss, Crs. Andrus, Mehl and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
0:40:11 4. Reappointments to the Design Review Board (Brunckhorst)
0:40:13 Motion and Vote to reappoint Scott Bechtle, Mark Hufstetler, Bill Rea and Mike
Pentecost to the Design Review Board.
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It was moved by Cr. Andrus, seconded by Cr. Mehl to reappoint Scott Bechtle, Mark
Hufstetler, Bill Rea and Mike Pentecost to the Design Review Board.
Those voting Aye being Crs. Andrus, Mehl, Taylor, Deputy Mayor Krauss and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
0:40:41 5. Appointments to the South Bozeman Technology District Board
(Brunckhorst)
0:40:46 Motion and Vote to confirm the Mayor's Appointments of Gary Bloomer, Matt
Johnson, Steve Johnson, John Jutila and Kathleen Saylor to the South Bozeman
Technology District Board, leaving the terms to be determined by the board and added to a
future agenda to be approved by the Commission.
It was moved by Cr. Mehl, seconded by Deputy Mayor Krauss to confirm the Mayor's
Appointments of Gary Bloomer, Matt Johnson, Steve Johnson, John Jutila and Kathleen
Saylor to the South Bozeman Technology District Board, leaving the terms to be
determined by the board and added to a future agenda to be approved by the Commission.
Those voting Aye being Cr. Mehl, Deputy Mayor Krauss, Crs. Taylor, Andrus and Mayor
Becker.
Those voting No being none.
The motion passed 5-0.
0:42:56 Break
Mayor Becker declared a break.
0:43:04 H. Policy Discussion
0:43:08 1. Intersection Improvement Funding (Hixson/Woolard)
0:43:20 Craig Woolard, Public Services Director and Rick Hixson, City Engineer
Mr. Woolard and Mr. Hixson began the staff presentation for the Policy Discussion/Intersection
Improvement Funding. Staff is requesting that the Commission review and discuss each
recommendation and provide direction on the allocation of intersection costs and preferred
source of NGS funding. Staff will prepare the appropriate administrative policies and
budget/financial documents based on Commission guidance.
0:48:14 Commission and Staff discussion
The Commission and Staff discussed warrants, capacity of service, trip generation,
measurements of the collection of impact fees, expenses, options, long term savings, non-
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growth shares, the average amounts of daily traffic, assumptions to get to capacity percentages,
urban funding, general obligation bonding, approval by voters, general taxing authority,
development contributions, fiscal effects, dedication of mills, intersections and signals.
1:25:50 Public Comment
Mayor Becker opened public comment.
1:25:58 Jerry Pape, Public Comment
Mr. Pape spoke regarding percentages and how old infrastructure is, the need to determine
prioritization and student housing.
1:28:28 Public Comment closed
Mayor Becker closed public comment.
1:28:30 Commission continued discussion
The Commission continued to discuss the amount of mills, the value of mills as the town grows,
the list of intersections to be improved, targets for economic development, minimum
infrastructure improvements necessary to fix a problem, tax breaks, street maintenance or general
tax authority, averages and bear minimum standards.
2:27:53 Summary of Commission directions
The Commission would like the following items addressed: What do we define as a minimum
standard intersection? Some sort of proposal to prioritize Street Assessment vs General Tax
Authority breakdown of who would be paying assessment and who would pay if we did a
general tax obligation.
2:35:27 I. FYI / Discussion
2:35:40 1. City Picnic reminder
2:36:03 2. Commission absences
2:42:12 J. Adjournment
Mayor Becker adjourned the meeting.
____________________________________
Sean A. Becker, Mayor
ATTEST:
______________________________________
Stacy Ulmen, CMC, City Clerk
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PREPARED BY:
______________________________________
Stacy Ulmen, CMC, City Clerk
Approved on ___________________________
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