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HomeMy WebLinkAbout08-01-16 City Commission Minutes Co. 8 18�0�t� THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,August 01, 2016 Deputy Mayor-Cynthia Andrus: Present Commissioner-Jeff Krauss:Absent Mayor-Carson Taylor: Present Commissioner-Chris Mehl: Present Commissioner-I-Ho Pomeroy: Present City Staff Present:City Manager Chris Kukulski, City Attorney Greg Sullivan, City Clerk Robin Crough A. 05:59:09 PM (00:00:47)Call to Order—6:00 PM-Commission Room, City Hall, 121 North Rouse Mayor Taylor called the meeting to order at 6:00 PM. B. 05:59:15 PM (00:00:53) Pledge of Allegiance and a Moment of Silence C. 06:00:19 PM (00:01:57)Changes to the Agenda 1. 06:00:24 PM (00:02:02) Mayoral Proclamation Mayor Taylor stated that he would have a Mayoral Proclamation after the authorization of Commissioner Krauss's absence. D. 06:00:34 PM (00:02:12)Authorize Absence—Commissioner Krauss 06:00:33 PM (00:02:11)Motion and Vote to authorize the absence of Commissioner Krauss. The motion passed 4-0. Commissioner-Chris Mehl: Motion Commissioner-I-Ho Pomeroy: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Absent Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve Page 1 of 8 Bozeman City Commission Meeting Minutes,August 1,2016 06:00:57 PM (00:02:35)Streamline Bus Proclamation Mayor Taylor announced a Mayoral Proclamation, proclaiming the community's appreciation of HRDC's Streamline and declaring August 2016 as Streamline Appreciation Month. 06:03:15 PM (00:04:53) David Kack, Proclamation Recipient Mr. Kack, Chairman of HRDC Board of Directors spoke of the Streamline bus system, and thanked the City as well as other partners. E. 06:05:19 PM (00:06:57)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) 7 a 2. Appoint a Sub-Committee of Two Commissioners to Review Pledged Securities as of June 30, 2016(Clark) 77 a 3. Find Apparent Low Bid Submitted by EDK Engineering and Contracting, Inc. Not Responsible and Authorize the City Manager to Sign the Notice of Award to DLM Contracting, Inc.for the South University Area Sewer Main Interceptor Project(Murray) 77:t1 4. Authorize the City Manager to Sign Task Orders 9 and 10 to the Professional Services Agreement with Dowl-HKM for Right of Way Acquisition Services (Hixson) 7.4. 5. Ratify the Signature of the City Manager on the Professional Services Agreement with GovHR for Executive Recruiting Services (Jorgenson) 11 C= 6. Final Adoption of Ordinance 1953,the Simmental Zone Map Amendment Rezoning an Existing 7.406 Acre Tract Located at 1 Simmental Way from M-1, Light Manufacturing District,to B-2, Community Business District,Application 16026(WerBell) a 06:05:29 PM (00:07:07)City Manager Overview City Manager Chris Kukulski gave an overview of Consent Items 1-6. 06:06:49 PM (00:08:27) Public Comment on Consent Items 1-6. Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 06:07:14 PM (00:08:52)Motion and Vote to approve Consent Items 1-6 as submitted. The motion passed 4-0. Commissioner-I-Ho Pomeroy: Motion Commissioner-Chris Mehl: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Absent Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve Page 2 of 8 Bozeman City Commission Meeting Minutes,August 1,2016 F. 06:12:32 PM (00:14:10)Items Acted Upon Without Prior Unanimous Vote 1. 06:12:40 PM (00:14:18) Approve the Cattail Properties Major Subdivision Final Plat and Authorize the Director of Public Works to Execute the Same on Behalf of the City of Bozeman, Application 16-211(Rogers) " a 06:12:58 PM (00:14:36)Staff Presentation City Manager Kukulski stated that this item did not have a unanimous vote when it was last before the Commission. 06:13:20 PM (00:14:58) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 06:13:30 PM (00:15:08)Motion that having reviewed and considered the application materials,public comment, and all the information presented,I hereby adopt the findings presented in the memo for application 16-211 and move to approve the Cattail Properties Major Subdivision final plat application. Commissioner-Chris Mehl: Motion Deputy Mayor-Cynthia Andrus: 2nd 06:13:51 PM (00:15:29) Discussion CR Mehl stated that this was from a year ago,so it is time to approve. 06:14:03 PM (00:15:41) Vote on the Motion that having reviewed and considered the application materials,public comment, and all the information presented,I hereby adopt the findings presented in the memo for application 16-211 and move to approve the Cattail Properties Major Subdivision final plat application. The motion passed 4-0. Commissioner-Chris Mehl: Motion Deputy Mayor-Cynthia Andrus: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Absent Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-I-Ho Pomeroy:Approve G. 06:07:38 PM (00:09:16) Public Comment Mayor Taylor opened public comment. 06:08:51 PM (00:10:29)Sahara Debi,Public Comment Page 3 of 8 Bozeman City Commission Meeting Minutes,August 1,2016 Ms. Debi discussed a "We Share the Road" campaign that she was involved with in 1993.She is currently involved with the Police Department on the hands-free cell ordinance in the city.They are aiming for the end of August for the campaign. Ms. Desi came to the Commission to request$2175.00 for an additional newspaper campaign. 06:12:28 PM (00:14:06) Public Comment Mayor Taylor closed public comment. H. 06:14:17 PM (00:15:55)Action Items 1. 06:14:21 PM (00:15:59) Recommended Policies for Mobile Vendors (Kukulski/Saunders) a 06:14:31 PM (00:16:09)Staff Presentation City Manager Kukulski noted that this is a continued discussion from the July 11, 2016 Commission discussion. Packet materials are essentially the same with the addition of some documents distributed at a recent stakeholder meeting. 06:16:19 PM (00:17:57) Discussion of Procedure 06:16:43 PM (00:18:21) Disclosure DM Andrus disclosed that she owns a building with four other partners.The business entity rents space to a mobile vendor.This does not affect her judgment in this matter. 06:17:35 PM (00:19:13) Questions of Staff Mayor Taylor asked what kinds of requirements exist for brick and mortar establishments vs. mobile vendors. Interim Community Development Director Chris Saunders responded. CR Mehl asked for clarification on the date of the Chamber meeting, as well as whether there are actual recommendations for the Commission. DM Andrus asked ICDD Saunders for further detail about fees. She also asked about parking constraints caused by mobile vending,and fire access within a private lot. CR Pomeroy asked about public health constraints, as well as the taxing authority and contributions to the Downtown Association. DM Andrus asked about any public health complaints the City has received regarding mobile vending. She also asked if the Planning Department has met with the various groups as well. 06:35:17 PM (00:36:55) Public Comment Mayor Taylor opened public comment. 06:35:47 PM (00:37:25)Krista Blaskie, Public Comment Ms. Blaskie is a Bozeman native, homeowner,volunteer,and entrepreneur. She asked that the City assess higher fees, but that they be determined fairly.She also asked that mobile vendors be a member Page 4 of 8 Bozeman City Commission Meeting Minutes,August 1,2016 of the DBA. Overall, it is a self-regulating field. 06:37:46 PM (00:39:24)Nate Harris,Public Comment Mr. Harris agrees with the previous comment. Reasonable fees should be assessed.There is adequate parking in the garage,trucks already have signage, noise is negligible compared to general downtown operations, and lighting isn't extravagant. Food trucks feed bar patrons,so the time should be extended. They should have access to Main Street, and be a part of the DBA.They should absolutely apply for a license and go through health inspections. 06:40:25 PM (00:42:03) Chris Naumann,Public Comment Mr. Naumann, Executive Director of the Downtown Bozeman Partnership, clarified that the DBA's board decides the DBA's membership criteria. Many of the DBA's functions are funded by DBID property owners, not fees. He stated that staff should consider a generator specification that was omitted in the staff memo. He also discussed the proposed hours of 9 PM—2 AM,and that many downtown establishments serve food into that time period. Mr. Naumann also discussed that MDT has not been consulted over this issue, and they should be. 06:44:19 PM (00:45:57)Keith Robbins,Public Comment Mr. Robbins discussed the DBA's dues that he pays.The policies proposed are very protectionist.The recommendations seriously affect mobile vendor's business model.They contribute to this community, and want to participate in the process. He also requested that any policy be pushed off to the end of the season. 06:48:12 PM (00:49:50)DarVI Schliem,Public Comment Mr.Schliem,the President/CEO of the Bozeman Chamber of Commerce spoke of facilitating another meeting. He also asked the Commission for more time to have a robust discussion.This is a community- wide issue, not just a downtown issue.There is a wide variety of mobile vending. He wants to work with the 60%of businesses that want to work together to come to a mutual agreement. 06:51:08 PM (00:52:46)Nick Brice,Public Comment Mr. Brice, owner of Rendezvous food truck,stated that he supported recommendation number three, which involves more research. He also stated that the best practices might not be completely relevant to Bozeman and its unique environment.There should be more input from the food vendors.These recommendations are designed for downtown, but this policy should be looked at city-wide,the DBA represents a very small group. 06:54:25 PM (00:56:03)Otto Pohl Public Comment Mr. Pohl came to discuss short-term rentals. 06:54:38 PM (00:56:16) Point of Order Mayor Taylor informed Mr. Pohl that this was not an allowed time for general public comment. Page 5 of 8 Bozeman City Commission Meeting Minutes,August 1,2016 06:55:14 PM (00:56:52)Emily Pearson,Public Comment Ms. Pearson, owner of Sauce food truck, discussed the issue of fairness.She chose a business model that comes with many limitations, but it was her choice. Food trucks provide diversity that the public wants. She does support regulations, but a ban does not sit right with her. It would be a fairness issue, not a health and safety issue. She loves living and serving in Bozeman, and wants to work together. 06:58:36 PM (01:00:14)Seth Ward, Public Comment Mr. Ward, owner of Sweet Pea Bakery,spoke of opportunity and he welcomes any competition and supports mobile vending. 06:59:18 PM (01:00:56) Tyler Schuman,Public Comment Mr. Schuman, owner of Mo's Original BBCZ,would be seriously affected by additional regulations. He also asked to push the discussion off so that more discussion can happen with mobile vendors. He wants to be a part of the community, and these regulations may push him out. Everyone that has invested in this community wants to be here, and wants to have a say in the issue. 07:02:18 PM (01:03:56) Public Comment Mayor Taylor closed public comment. 07:02:21 PM (01:03:59) Discussion DM Andrus discussed that the Commission sets priorities, and this is being discussed now because of the Commission's discretion.This issue is before them today because the proposed discussion HASN'T happened, even though this isn't a new issue.She does not want this to still be an issue next summer. Mobile vending is popular downtown because work has been put into making downtown great.She reiterated that she wished this was a decision made by business owners. CR Pomeroy thanked Daryl Schliem for his work to create an agreement between the two parties.She wants to give businesses more time to come to an agreement. Mayor Taylor always prefers a decision that gets worked out between parties, but that does not mean he will accept what they determine. He discussed entrepreneurialism, and that diverse business models matter, and change happens. He is not approaching this from a perspective of protecting downtown business, but he does want to respect competition and limitations of different business models.The fundamental issue is that the City provides streets and sidewalks, and the downtown TIF and DBA pay money to create a desirable downtown, and how can that be equalized. He also discussed parking. He agreed with the comment to relate fees to impact. He also discussed that noise regulations should be considered. He agreed that he doesn't expect a solution by the end of the summer season, but there should be something before the spring of 2017. CR Mehl agreed that the Commission sets priorities, and this timing is intentional.There needs to be a deadline, and this needs to come before the Commission again. He urged a deadline of Thanksgiving for an agreement,Commission discussion in December,which gives time to craft in early 2017. He agreed with DM Andrus that the Commission can help with the final pieces that cannot be agreed upon. He also encouraged the group to have a City staff member present. He also encouraged starting with the Chamber's list. Page 6 of 8 Bozeman City Commission Meeting Minutes,August 1,2016 Mayor Taylor expressed concern that a Thanksgiving deadline might be too late. He instead proposed November 1" DM Andrus stated that she really wants to see this done by the end of the year, preferably October. CR Mehl did not agree with the DM that her timeline would be feasible for mobile vendors. If we're going to give them time,give them time. Mayor Taylor discussed the timeline further. He urged the group to either get it done, or decide they can't do it. DM Andrus asked the City Manager to confirm the timeline. He confirmed that the beginning of the year will have a first read. She followed up with who would coordinate the communication and collaboration. CM Mehl felt that it would work best if the City actually took a step back and just be there as a resource. Mayor Taylor agreed that his understanding was that the City should not be the leader in this process, but a resource. He also wanted to make it clear that a specified location is not off the table. No motion is required. Advertised as an Action Item so that Commissioners may review the recommendations,gather additional public input, and provide direction to staff. 2. 07:38:30 PM (01:40:08) (Re)Appointment to the Northeast Urban Renewal Board (Michalson) �p 07:38:47 PM (01:40:25) Discussion Mayor Taylor asked the City Attorney who makes this decision,since this board is unclear. City Attorney Sullivan thought it would appropriate to modify the Municipal Code. 07:40:09 PM (01:41:47)Motion to appoint Bobbi Clem to the voting-member-at-large position with an updated term expiring July 31,2020 on the Northeast Urban Renewal Board. Commissioner-I-Ho Pomeroy: Motion Commissioner-Chris Mehl: 2nd 07:40:29 PM (01:42:07) Discussion Mayor Taylor noted that this board has been relatively static for the last 10 years. He thanked the outgoing board member. 07:42:31 PM (01:44:09) Vote on the Motion to appoint Bobbi Clem to the voting-member-at-large position with an updated term expiring July 31,2020 on the Northeast Urban Renewal Board. The motion passed 4-0. Commissioner-I-Ho Pomeroy: Motion Commissioner-Chris Mehl: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Absent Mayor-Carson Taylor:Approve Page 7 of 8 Bozeman City Commission Meeting Minutes,August 1,2016 Commissioner-Chris Mehl:Approve Commissioner-1-Ho Pomeroy:Approve I. 07:42:48 PM (01:44:26) FYI/Discussion 1. City Manager Kukulski received a public comment after the open period this evening that will be distributed. 2. CR Mehl also briefly spoke with the gentleman that came late to speak of short-term rentals. 3. CR Mehl also discussed the earlier public comment concerning the police's hands free campaign. City Manager Kukulski also assured the citizen that he would speak with the chief. 4. CR Pomeroy let the Commission know that she will be absent next Monday. J. 07:46:01 PM (01:47:39)Adjournment Mayor Taylor adjourned the meeting at 7:47 PM. L�1✓1J� Carson Taylor Mayor ATTEST: --y , obin,Ceough, MPA C, • a�♦•O�y. City Clerk rL�TJ.N cc) PREPARED BY: c Robin Crough,MPA City Clerk Approved on: f O-A (S �fpl i--� Page 8 of 8