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Home My WebLink About03-26-18 City Commission Minutes �Cf Co. THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, March 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:City Manager(CM)Andrea Surratt, City Attorney(CA)Greg Sullivan, City Clerk Robin Crough A. 06:00:01 PM (00:03:50)Call to Order—6:00 PM-Commission Room, City Hall, 121 North Rouse Mayor Andrus called the meeting to order at 6:00 PM. B. 06:00:03 PM (00:03:52) Pledge of Allegiance and a Moment of Silence C. 06:00:45 PM (00:04:34)Changes to the Agenda City Manager Surratt stated she is going to move Consent Item 4 to April 9cn D. 06:01:24 PM (00:05:13) FYI • DM Mehl stated on April 3,the Planning Coordinating Committee will be meeting from 3-5 at the County Courthouse. • Cr. Cunningham attended the new high school groundbreaking today. E. 06:02:18 PM (00:06:07)Commission Disclosures There were no Commission disclosures. F. 06:02:31 PM (00:06:20)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services(LaMeres) °.,a 2. Authorize the City Manager to Sign the Opportunity Zone Proposal to the Montana Department of Commerce (Fontenot) 0�' a Page 1 of 9 Bozeman City Commission Meeting Minutes,March 26,2018 3. Authorize the City Manager to Sign the Midtown Tax Increment Financing (TIF) Assistance Grant Agreement with Midtown Apartments, LLC(Fine) t-3 Assistanee Funds to Eight LJ. nge Quye of Affe-Fd.hle Herres /nn-,..1.- 06:02:32 PM (00:06:21)City Manager Overview CM Surratt provided a brief overview of Consent Items 1-3. 06:03:43 PM (00:07:32) Public Comment There was no public comment. 06:03:52 PM (00:07:41)Motion and Vote to approve Consent Items 1-3 as submitted. The motion passed 5-0. Commissioner-Jeff Krauss: Motion Commissioner-I-Ho Pomeroy: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve G. 06:04:08 PM (00:07:57) Public Comment There was no public comment. H. 06:04:46 PM (00:08:35)Special Presentation 1. State of the Neighborhoods(Andreasen) Neighborhood Coordinator Tanya Andreasen and Inter-Neighborhood Vice Chair Kathy Powell presented the State of the Neighborhoods, discussing an overview, current neighborhood associations,events, relationships, INC working groups, and upcoming goals. 06:25:25 PM (00:29:14)Questions of Staff Cr.Cunningham asked about the process for getting a neighborhood association started. I. 06:28:26 PM (00:32:15)Action Items 1. 06:28:28 PM (00:32:17) Resolution 4889, Creation of Special Improvement Lighting District (SILD) Number 744 for the Boulder Creek Subdivision (Donald) . _t:3 06:28:47 PM (00:32:36)Staff Presentation Finance Director Kristin Donald discussed the lighting to be installed in the Boulder Creek Subdivision. Page 2 of 9 Bozeman City Commission Meeting Minutes,March 26,2018 No protests have been received. 06:30:04 PM (00:33:53)Questions of Staff Cr. Cunningham asked for clarification regarding the map. 06:30:49 PM (00:34:38) Public Comment There was no public comment. 06:30:57 PM (00:34:46)Motion to adopt Resolution 4889, Creation of Special Improvement Lighting District Number 744 for the Boulder Creek Subdivision. Commissioner- I-Ho Pomeroy: Motion Commissioner-Terry Cunningham: 2nd 06:31:12 PM (00:35:01) Discussion Cr. Pomeroy supports the motion. Cr.Cunningham supports the motion. Cr. Krauss discussed dark sky compliant lighting. 06:32:35 PM (00:36:24) Vote on the Motion to adopt Resolution 4889, Creation of Special Improvement Lighting District Number 744 for the Boulder Creek Subdivision. The motion passed 5-0. Commissioner- I-Ho Pomeroy: Motion Commissioner-Terry Cunningham: 2nd Manor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve 2. 06:32:47 PM (00:36:36) Resolution 4845, Allocation of Cash-in-Lieu of Parkland Dedication Funds for Sandan Park Picnic Shelter(Poissant) f~ a 06:33:27 PM (00:37:16)Staff Presentation TOPS Manager Carolyn Poissant provided site context of Sandan Park,context from the PROST Plan, and RPAB's recommendation. 06:37:28 PM (00:41:17)Questions of Staff Cr.Cunningham asked if lighting was included, and who is allowed to use the shelter. Mayor Andrus asked about the role of the Living Spring retirement community. Page 3 of 9 Bozeman City Commission Meeting Minutes,March 26,2018 06:39:10 PM (00:42:59) Public Comment There was no public comment. 06:39:20 PM (00:43:09)Motion that in consideration of public input and materials presented to date, I hereby move to adopt Resolution 4845 allocating$36,514.50 in cash-in-lieu of parkland dedication funds for installation of a picnic shelter in Sandan Park,in accordance with the approved park master plan. Commissioner-Terry Cunningham: Motion Deputy Mayor-Chris Mehl: 2nd 06:39:45 PM (00:43:34) Discussion Cr.Cunningham discussed shelters contributing to the community. DM Mehl noted this is in accordance with the master plan. Cr. Krauss discussed the merits and accessibility of the park. Cr. Pomeroy stated this is a perfect use of cash-in-lieu funds. Mayor Andrus associated herself with the previous comments. 06:42:30 PM (00:46:19) Vote on the Motion that in consideration of public input and materials presented to date,I hereby move to adopt Resolution 4845 allocating$36,514.50 in cash-in-lieu of parkland dedication funds for installation of a picnic shelter in Sandan Park,in accordance with the approved park master plan. The motion passed 5-0. Commissioner-Terry Cunningham: Motion Deputy Mayor-Chris Mehl: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve 3. 06:42:42 PM (00:46:31) Emergency Ordinance 2002, an Emergency Measure to Provide for Increased Compliance with Stormwater Management and Construction Standards (4/5 Vote Required) (Mehrens) Gj 06:43:36 PM (00:47:25)Staff Presentation Public Works Director Craig Woolard discussed the circumstances for bringing an emergency ordinance forward. Stormwater Coordinator Kyle Mehrens presented division goals, past efforts, current conditions, and details of the emergency ordinance. 06:57:54 PM (01:01:43)Questions of Staff Page 4 of 9 Bozeman City Commission Meeting Minutes,March 26,2018 DM Mehl asked how the goals of this impacts public health, and how other communities successfully manage this. He asked if the City is following the same standards. He asked the City's right to do emergency and non-emergency action in the same item. CA Sullivan answered in detail. He also asked about potential penalties. He asked when an appropriate time to come back before the Commission with an update would be. Cr. Krauss asked when we would know when the emergency is over, and the nature of the emergency for this ordinance. He asked Dr.Woolard if the health,safety, and general welfare of the public is at immediate risk. Cr. Pomeroy asked about current enforcement.She asked if the City has spoken with builders about this. Mr. Mehrens discussed conversations with SWMBIA. Cr. Cunningham asked about the cleanup process,and what sediment is showing up in ponds. He asked about the option of surety bond. He asked Chief Building Official Bob Risk how his staff can manage the process,as well as stop work orders in general. Mr. Risk also discussed dust control issues. CM Surratt discussed that the City is also a MDEQ permit holder,and the emergency issue is that our permit could be in jeopardy because of this. Mayor Andrus asked how we will notify the community. Cr. Cunningham asked about the MDEQ permit risk. 07:51:14 PM (01:55:03) Public Comment Mayor Andrus opened public comment. 07:51:30 PM (01:55:19)Anders Lewenda/ Public Comment Mr. Lewendal discussed his compliance, and agrees others need to comply as well. He discussed the ordinance needs to apply to more than just the construction industry. 07:54:03 PM (01:57:52)Brian Popiel,Public Comment Mr. Popiel, on behalf of SWMBIA,thanked city staff, and acknowledged the problem. His members are frustrated with the non-compliance of others. He asked that the ordinance sunset and that this applies universally. 07:57:15 PM (02:01:04)Staff Clarifications Dr. Woolard discussed street sweeping and street material mitigation. CA Sullivan stated that stormwater efforts are not just focused on construction. 08:01:53 PM (02:05:42)Motion to adopt Ordinance 2002 as an emergency measure necessary to preserve the public peace,property, health, and safety of the City to be effective immediately. Deputy Mayor-Chris Mehl: Motion Commissioner-Jeff Krauss:2nd 08:02:08 PM (02:05:57) Discussion DM Mehl discussed the City's efforts to stay in from of stormwater compliance issues. He stated he Page 5 of 9 Bozeman City Commission Meeting Minutes,March 26,2018 would like to see a report in ten months. He supports the ordinance as submitted. Cr. Krauss discussed the public safety need and the justified emergency nature. He discussed the City's street sweeping efforts. He will be voting for the ordinance as he sees the emergency conditions as being met. Cr. Pomeroy will also be voting for the ordinance,discussing fairness. Cr.Cunningham discussed risk vs. consequences. He agrees this is an emergency situation. Mayor Andrus discussed the emergency nature and timing of this ordinance. 08:20:03 PM (02:23:52) Vote on the Motion to adopt Ordinance 2002 as an emergency measure necessary to preserve the public peace,property,health,and safety of the City to be effective immediately. The motion passed 5-0. Deputy Mayor-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve 08:20:14 PM (02:24:03) Recess Mayor Andrus called the Commission into recess until 8:30 PM. 08:30:38 PM (02:34:27) Call to Order Mayor Andrus called the meeting back to order at 8:30 PM. 4. 08:30:46 PM (02:34:35) Ordinance 2001 Provisional Adoption, Amending Chapter 12 of the Bozeman Municipal Code (BMC), Business Licenses to Clarify Determination of License Fees (Saunders) a 08:31:04 PM (02:34:53)Staff Presentation Policy and Planning Manager Chris Saunders stated this is primarily a cleanup item,with no public comment. 08:31:43 PM (02:35:32)Questions of Staff Cr. Pomeroy asked if we were previously unaware of the conflict in the original resolution. Cr.Cunningham asked about when the fees are actually adopted. 08:32:57 PM (02:36:46) Public Comment There was no public comment. Page 6 of 9 Bozeman City Commission Meeting Minutes,March 26,2018 08:33:04 PM (02:36:53)Motion that having reviewed the presented information,considered public comment,and considered all of the information presented,I hereby move to provisionally adopt Ordinance 2001,amending Chapter 12 of the Bozeman Municipal Code, Business Licenses. Commissioner-Jeff Krauss: Motion Commissioner- I-Ho Pomeroy: 2nd 08:33:20 PM (02:37:09) Discussion Cr. Krauss did not support the initial change,so he doesn't support this. Cr. Pomeroy stated this will simplify business license regulations. Cr.Cunningham stated that it is wise to discover and resolve conflicts. DM Mehl and Mayor Andrus support the motion. 08:34:16 PM (02:38:05) Vote on the Motion that having reviewed the presented information, considered public comment,and considered all of the information presented,I hereby move to provisionally adopt Ordinance 20011 amending Chapter 12 of the Bozeman Municipal Code, Business Licenses. The motion passed 4-1. Commissioner-Jeff Krauss: Motion Commissioner- I-Ho Pomeroy: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss: Disapprove Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve 5. 08:34:27 PM (02:38:16) Ordinance 2000 Provisional Adoption, Amending Section 2.02.020, Bozeman Municipal Code (BMC), Regarding Presiding Officer Status(Sullivan) a 08:34:41 PM (02:38:30)Staff Presentation CA Sullivan stated this came out of the January work session on the rules of procedure.This proposal would mean that if the gavel is passed, it remains passed for the entire item. 08:35:45 PM (02:39:34)Questions of Staff Cr. Cunningham asked if a passed gavel would remain passed for a potentially months-long item. DM Mehl asked for reasons to pass the gavel, and if it is item or meeting specific. He asked why this wasn't written to be motion-specific. 08:45:17 PM (02:49:06) Public Comment There was no public comment. Page 7 of 9 Bozeman City Commission Meeting Minutes,March 26,2018 08:45:29 PM (02:49:18)Motion to provisionally adopt Ordinance 2000,Amending Section 2.02.020, Bozeman Municipal Code,Regarding Presiding Officer Status. Commissioner-I-Ho Pomeroy: Motion Commissioner-Jeff Krauss: 2nd 08:45:49 PM (02:49:38) Discussion Cr. Pomeroy stated this makes sense and supports the motion. Cr. Krauss stated he's only seen this abused once. He supports this as it is a collegial way to do business. 08:48:26 PM (02:52:15)Amendment to the Motion adding a phrase that requires the presiding officer "when passing the gavel for the purpose of making a motion to not resume presiding officer status until the motion is decided." Commissioner-Terry Cunningham: Motion Deputy Mayor-Chris Mehl: 2nd 08:49:46 PM (02:53:35) Discussion Cr.Cunningham stated this puts structure behind the act of passing the gavel, but doesn't prevent removing the presiding officer for an item that spans multiple meetings. DM Mehl prefers the narrower focus of Cr.Cunningham's amendment. Cr. Krauss stated the rules of procedures are intentional to prevent the mayor from making motions. He discussed the balance of power. Mayor Andrus stated the intent of this is to clarify and resolve confusion. She could support either of these options. 08:59:50 PM (03:03:39) Vote on the Amendment to the Motion adding a phrase that requires the presiding officer"when passing the gavel for the purpose of making a motion to not resume presiding officer status until the motion is decided."The amendment passed 5-0. Commissioner-Terry Cunningham: Motion Deputy Mayor-Chris Mehl: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve 09:00:25 PM (03:04:14) Vote on the Main Motion as Amended to provisionally adopt Ordinance 2000, Amending Section 2.02.020, Bozeman Municipal Code,Regarding Presiding Officer Status,adding a phrase that requires the presiding officer"when passing the gavel for the purpose of making a motion to not resume presiding officer status until the motion is decided."The motion passed 5-0. Page 8 of 9 Bozeman City Commission Meeting Minutes,March 26,2018 Commissioner- 1-Ho Pomeroy: Motion Commissioner-Jeff Krauss: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve J. 09:00:42 PM (03:04:31) FYI/Discussion • Cr. Cunningham stated the Climate Partners Working Group is further looking into stretch codes. K. 09:01:41 PM (03:05:30)Adjournment Mayor Andrus adjourned the meeting at 9:01 PM. Cynthia L.Andrus Mayor < BOZ ATTEST: �•, j 883 S�Eobin Crough L9TIN CO Flo_ City Clerk PREPARED BY: Robin Crough City Clerk Approved on: 1, CS Page 9 of 9