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Home My WebLink About01-26-18 City Commission Minutes Doz.�� t NCC),e THE CITY COMMISSION SPECIAL MEETING OF BOZEMAN, MONTANA MINUTES Friday,January 26,2018 Mayor-Cynthia Andrus: Present Deputy Mayor-Chris Mehl: Present Commissioner-Jeff Krauss: Present Commissioner- I-Ho Pomeroy: Present Commissioner-Terry Cunningham: Present Staff Present at the Dais/Roundtable:City Manager(CM)Andrea Surratt, City Attorney(CA) Greg Sullivan, City Clerk(CC) Robin Crough A. 11:29:58 AM (00:01:38)Call to Order—11:30 AM—1:00 PM-Commission Room, City Hall, 121 North Rouse Mayor Andrus called the meeting to order at 11:30 AM. B. 11:30:04 AM (00:01:44) Pledge of Allegiance and a Moment of Silence C. 11:30:38 AM (00:02:18)Changes to the Agenda There were no changes to the agenda. D. 11:30:45 AM (00:02:25) FYI Cr.Cunningham informed the Commission that on February 8th at 6:30 at Lindley Park,the Inter- Neighborhood Council will be having a potluck that they are invited to. E. 11:32:05 AM (00:03:45) Public Comment There was no public comment. F. 11:32:30 AM (00:04:10)Action Items 1. 11:32:32 AM (00:04:12)Review and Discuss the Bozeman City Charter and Rules of Procedure (Andrus) _C= 11:32:41 AM (00:04:21) Presentation/Discussion Page 1 of 5 Bozeman City Commission Special Meeting Minutes,January 26,2018 Mayor Andrus described the purpose of the session,which is more informational and for questions. CA Sullivan provided a review of the adoption and content of the City Charter. He discussed self- governing powers and the balance of local government and state powers in detail. He discussed the state laws that municipalities do not have authority in, including taxation, penalizing vagrancy, powers affecting the public school system, regulating motor carriers,state criminal laws, powers affecting landlords, and others. Cr. Pomeroy asked if city law must comply with state law. CA Sullivan responded by describing the general notion of self-governing powers.She also asked how the gas tax relates. Cr. Cunningham asked about powers not explicitly denied, and how much lee-way does the city have in fees vs.taxes. CA Sullivan stated the City Attorney's office can only provide an answer to very specific proposals.The Commission and City Attorney discussed in detail. Mayor Andrus discussed the Mayor and Commission's duties that are recognized in the City Charter. Cr. Krauss discussed how there is more in the Rules of Procedure as well. Mayor Andrus reiterated the requirement that the City Commission only goes through the City Manager for any staff direction.The Commission and CM Surratt also discussed that no one Commissioner can direct the City Manager. Mayor Andrus also reminded the Commission of the attendance requirement. She discussed that the Rules of Procedure were established in the Charter.With regard to Article 3,she reiterated that the City Manager does and shall take part in Commission discussions.She has asked that the City Manager provide quarterly financial updates. Cr. Krauss discussed the importance of informing the Commission of significant changes in the budget, and at bare minimum disclosed, and possibly improved. Cr.Cunningham asked what the informing process is with staff overtime. CM Surratt responded she would come with a budget amendment. Cr. Krauss also discussed purchasing capital items through grants. 12:06:48 PM (00:38:28) Reference Time Stamp CA Sullivan discussed Article 7,Conflict of Interest and the ethics provision, and specifically the use of public office for private gain. He discussed the appearance of fairness doctrine. Cr.Cunningham asked if joining a regulatory board is a conflict. CA Sullivan discussed in detail, and Financial Disclosure Forms were discussed. Cr. Krauss also discussed personal interest and personal conflicts,which are much more common but also much harder to point out. Mayor Andrus reminded the Commission to make disclosures, and Cr.Cunningham asked what the threshold of disclosures is. 12:22:50 PM (00:54:30) Presentation/Discussion Continued Mayor Andrus discussed the Rules of Procedure.She asked that the Commission rotate seats on the dais.She discussed the procedure for relinquishing the chair and passing the gavel, and would like the City Attorney to come back with further clarification. CA Sullivan clarified that Roberts Rules of Order is the fallback, but the Commission has authority for their own rules. But he encouraged the Commission to keep things as simple as possible so the public Page 2 of 5 Bozeman City Commission Special Meeting Minutes,January 26,2018 can understand. Mayor Andrus discussed preparing meeting agendas, and would like to add disclosures to the agenda. Cr. Krauss discussed possible issues with an early-night FYI. Mayor Andrus discussed logistics,such as arriving on time,speaking into the microphone, informing the Mayor and City Manager if a Commissioner wants to remove a Consent Item.She discussed the potential of holding fifth Monday meetings, but not by default.She asked if the Commission was interested in holding work or policy sessions, and if so,what would be the intent of these meetings.The Commission and discussed in great detail. Mayor Andrus discussed the procedures of the meeting.She discussed seconding motions,and stating motions clearly on the record. 01:01:18 PM (01:32:58) Extend meeting Mayor Andrus extended the meeting to 1:30 PM. 01:01:23 PM (01:33:03) Presentation/Discussion Continued Mayor Andrus also reminded the Commission to please state findings on the record. CA Sullivan provided further detail about this, particularly in times where the Commission's findings are different form staff. Cr. Pomeroy asked about getting the mayor's attention to ask questions. Mayor Andrus clarified that she will be stricter about re-opening public hearings. Mayor Andrus discussed setting a respectful tone as an example to the public, and discussed decorum. She also discussed orders of rotation for questions/discussion. CA Sullivan provided further detail about the reconsideration of previous items.The Commission discussed in some detail.The Commission and staff discussed post-mortem reviews. Mayor Andrus discussed conflicts of interest, and the procedure that the Commissioner has also left the room. Cr.Cunningham asked what the Commission liaison's role is if they perceive a conflict on an advisory board. CA Sullivan responded in detail. Mayor Andrus discussed open meetings and ex parte communications. DM Mehl also asked about having electronic devices on the dais and disclosures for public perception. The Commission and staff discussed in detail. Mayor Andrus reiterated the importance of decorum. 01:29:39 PM (02:01:19) Meeting Extended Mayor Andrus extended the meeting to 1:45 PM. 01:29:45 PM (02:01:25) Presentation/Discussion Continued CA Sullivan discussed the"silver bullet,"which gives opportunity for the Commission to have an additional week to make certain land use decisions.The Commission discussed in some detail. Mayor Andrus added that she'd like to encourage the Commission to limit their discussion to a reasonable amount of time, perhaps 10 minutes,to try to keep meetings done by 10:00 PM. DM Mehl suggested five minute blocks that could continually rotate so more inter-Commission Page 3 of 5 Bozeman City Commission Special Meeting Minutes,January 26,2018 discussion and rebuttals can happen. Cr. Krauss noted that there are many times where he feels he needs to speak for longer periods. Mayor Andrus also discussed special presentations, and reminded the Commission that the idea is for the staff to provide information only, and with a limited time of 30 minutes. If the Commission thinks it's worth further confirmation, it would be more appropriate as an action item at a later date. CM Surratt asked if there was a proposed time limit for informal reviews. It was agreed to limit these to 10 minutes. Cr. Krauss asked if there was a way for the public to provide written opinions at meetings. 01:44:42 PM (02:16:22) Meeting Extended Mayor Andrus extended the meeting to 2:00 PM. 01:44:43 PM (02:16:23) Presentation/Discussion Continued DM Mehl stated it would be difficult to read public comment during a meeting so there is definitely an advantage to oral. Cr. Krauss asked if the Commission could not fidget since it is very distracting on the microphones. He also stated that the rules of procedure state the meetings end at 10:00 PM, and it should be committed to. He also discussed the appeal of rulings of the chair. He also noted that the chair is liable to enforce the rules. G. 01:52:19 PM (02:23:59) FYI/Discussion • Cr. Krauss discussed the recent push to change the 1-90 speed limit in Bozeman to 65 MPH and the discussion in the Transportation Coordinating Committee. H. 01:54:06 PM (02:25:46)Adjournment Mayor Andrus adjourned the meeting at 1:54 PM. Cynthia L.Andrus Mayor ATTEST: 4!— . ice$06 , Robin Crough City Clerk Page 4 of 5 L�TIN CO.,,- Bozeman City Commission Special Meeting Minutes,January 26,2018 PREPARED BY: Robin Crough City Clerk Approved on: o�kLkneq Page 5 of 5