The URL can be used to link to this page

Home My WebLink About04-02-18 City Commission Minutes THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,April 02,2018 Staff Present at Dais: City Manager(CM)Andrea Surratt,City Attorney(CA) Greg Sullivan, Deputy City Clerk Brenda Sweeney A. 05:59:59 PM (00:01:42)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. 06:00:07 PM (00:01:50) Pledge of Allegiance and a Moment of Silence C. 06:00:53 PM (00:02:36)Changes to the Agenda CM Surratt requested that Consent Agenda Item 3 be removed and brought back to the Commission when it is complete. D. 06:01:37 PM (00:03:20) FYI • Cr. Cunningham pointed out a new website,www.nwesolar.com,which provides a dashboard of the Bozeman solar project. • Cr. Pomeroy indicated the HRDC Warming Center closed March 31 but opened today for homeless people because of the weather. • Cr. Mehl announced the Planning Coordinating Committee will meet at 3:00 p.m.tomorrow in the Gallatin County Courthouse Community Room. • CM Surratt will be attending a conference with Tanya Andreasen, Neighborhoods Coordinator, in Wisconsin early next week and has asked ACM Chuck Winn to facilitate the Commission meeting next week. • Mayor Andrus and CM Surratt attended an executive forum last week sponsored by the Montana League of Cities. E. 06:04:26 PM (00:06:09)Commission Disclosures • Cr. Cunningham stated he is a member of the Bozeman United Methodist Church,which is within 600 feet of a proposed restaurant relative to Ordinance 1999 in Action Item 1. • Cr. Krauss asked CA Sullivan if the Commission is engaged in a legislative act tonight and further asked about any kind of disclosure. Page 1 of 7 Bozeman City Commission Minutes,April 2,2018 F. 06:06:20 PM (00:08:03)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services(LaMeres) . cz 2. Authorize the City Manager to Sign a Notice of Award to Sime Construction,Inc.for the Baxter Lane Improvements Project from North 19th Avenue to North 7th Avenue in the Amount of $2,409,992.23 (Murray) a 3. (#ixsen) r 4z' 4. Authorize the City Manager to Sign a Professional Services Agreement with E. Montoya for Defense Counsel Services on the Veteran Eligible Treatment Services (V.E.T.S.) Court Team (Boundy) - C= 5. Authorize the City Manager to Sign Task Order Number 5 with Leland Consulting Group for Marketing Materials for Technology Sector Business Inquiries(Fine) _r- 41 6. Ordinance 1988 Final Adoption,the Starner Annexation Zone Map Amendment to Designate 2.658 Acres as B-2,Community Business District,Application 17187(Saunders) a 06:06:25 PM (00:08:08)City Manager Overview CM Surratt provided a quick overview of Consent Items 1, 2 and 4-6. 06:07:51 PM (00:09:34) Public Comment There was no public comment. 06:08:03 PM (00:09:46)Motion and Vote to approve Consent Items 1,2 and 4-6 as submitted. The motion passed 5-0. Commissioner-Jeff Krauss: 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 G. 06:08:24 PM (00:10:07) Public Comment Mayor Andrus opened public comment.There was no public comment. H. 06:09:11 PM (00:10:54) Mayoral Proclamation 1. 06:09:28 PM (00:11:11) Proclamation to Celebrate Arbor Day(Sweeney) G� Mayor Andrus presented and read a proclamation regarding the celebration of Arbor Day. Page 2 of 7 Bozeman City Commission Minutes,April 2,2018 I. 06:11:10 PM (00:12:53)Special Presentation 1. 06:11:15 PM (00:12:58)Architecture Inventory Mapper Release (Gonzalez) 06:11:50 PM (00:13:33)Staff Presentation Community Development Director Chris Saunders and Historic Preservation Planner Phillipe Gonzalez presented information regarding a GIS tool which guides the way citizens can access information on the web related to architectural inventory of homes, especially in the NCOD. 06:18:26 PM (00:20:09)Questions of Staff Cr.Cunningham asked about the difference between a contributing and non-contributing property. He further asked staff to describe how the public would navigate to the map on the website. DM Mehl asked about contact information for the Historic Preservation Planning Department if someone thinks there is a mistake in the map. 2. 06:21:31 PM (00:23:14) Parks Cash-in-lieu Map Layer(Saunders/Overton) 06:22:31 PM (00:24:14)Staff Presentation Community Development Director Chris Saunders introduced the project,which is an administrative tool for the location of projects and related expenditures. He stated this was a request from the Commission relative to improved tracking tools. 06:26:39 PM (00:28:22) Questions of Staff There were no questions of staff. J. 06:26:59 PM (00:28:42)Action Items 1. 06:27:04 PM (00:28:47)Ordinance 1999 Provisional Adoption,Alcohol Service Separation Standards in the B-3 and B-2M Districts Zone Text Amendment,Application 18097 (Rogers) 06:27:25 PM (00:29:08)Staff Presentation Senior Planner Tom Rogers presented the purpose of Ordinance 1999,which is a text amendment to modify language in Chapter 4 of the Bozeman Municipal Code. He explained the exemption of separation requirements by the State of Montana regarding consumption of alcohol and educational facilities. He pointed out the Zoning Commission held a public hearing on March 20, 2018, and the Community Development Department is recommending approval. 06:32:25 PM (00:34:08)Questions of Staff DM Mehl asked staff for confirmation that the City Commission acted as well and requested this text amendment be brought back for consideration. He further asked whether the school district was Page 3 of 7 Bozeman City Commission Minutes,April 2,2018 reminded of this meeting tonight. He asked if the standards listed in Section 2 of Ordinance 1999 for beer and wine are the same. He further asked whether the list of conditions is similar to what the state is suggesting. Cr.Cunningham asked CA Sullivan about state statutes for the beer with wine amendment and for examples of what the state would allow that are not allowed under our proposal. He further asked about specific performance standards. He asked who would be enforcing the similar conditions when it's a restaurant beer with wine license. Cr. Pomeroy asked about the difference between beer with wine and beer and wine.She further asked about a reference to a state law versus an old ordinance.She further asked what the new ordinance allows versus what the old ordinance does not allow. Mayor Andrus asked if a restaurant with a beer and wine license is the only license within the B-3 and 13- 2M zones allowed within 600 feet of a school,synagogue,etc. 06:48:34 PM (00:50:17) Public Comment Mayor Andrus opened public comment. 06:48:49 PM (00:50:32)Dave Weiss,Public Comment Mr. Weiss previously submitted more detailed suggestions on the ordinance. He reviewed his written comments. 06:53:14 PM (00:54:57)Jim Harris, Public Comment Mr. Harris talked about further restrictions with alcohol licenses and associated complications as well as the 600 foot rule. 06:54:38 PM (00:56:21)Questions of Public Cr. Krauss asked Mr.Weiss for clarification that the 600 foot rule is a state rule from which he is asking the Commission to exempt his business as well as other operational requests. 06:56:36 PM (00:58:19)Staff Clarifications Mayor Andrus asked CA Sullivan about the definition of restaurant and the redundancy and whether it's needed in the current information. 06:58:34 PM (01:00:17) Discussion and Clarification Mayor Andrus re-stated the clarification provided by CA Sullivan with regard to the B-3 and B-2M districts and beer licenses with wine amendment relative to the 600 foot rule.She further spoke about the direction to staff from the Commission. 07:01:30 PM (01:03:13)Motion that having reviewed and considered the application materials,public comment,Zoning Commission recommendation, and all the information presented,I hereby adopt the findings presented in the staff report for Application 18097 and move to provisionally adopt Ordinance 1999, the Alcohol Licenses for Beer with Wine Amendments exemption text amendment. Page 4 of 7 Bozeman City Commission Minutes,April 2,2018 Deputy Mayor-Chris Mehl: Motion Commissioner-Terry Cunningham: 2nd 07:01:56 PM (01:03:39) Discussion DM Mehl talked about flexibility, appropriateness in the right place and on the right scale. He is open to looking at how the expansion worked this fall. Cr. Cunningham adopts the findings in the staff report. Cr. Pomeroy will support the motion and agrees with the findings. 07:10:48 PM (01:12:31)Amendment to the Motion to strike Section 2., B., 1. c., the requirement that alcohol can only be sold to patrons who order food. Commissioner-Jeff Krauss: Motion Commissioner-Terry Cunningham:2nd 07:11:07 PM (01:12:50) Discussion Cr. Krauss talked about a scenario where people might have alcohol while waiting for a table and incorporating individually priced meals. Cr.Cunningham will not support the motion but wanted to hear the explanation behind the amendment. Cr.Cunningham supports the elimination of 2.,c. DM Mehl does not support this amendment. Mayor Andrus will support the amendment and understands it is inconsistent. 07:18:10 PM (01:19:53) Vote on the Amendment to the Motion to strike Section 2. B.,1., c. the requirement that alcohol can only be sold to patrons who order food. The motion passed 4-1. Commissioner-Jeff Krauss: Motion Commissioner-Terry Cunningham: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl: Disapprove Commissioner-Jeff Krauss:Approve Commissioner- I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve 07:18:28 PM (01:20:11) Discussion Cr. Krauss talked about the intention of the Commission to mirror the restrictions. Mayor Andrus spoke to this as a whole and supports it. Cr.Mehl asked staff about the 60%and dining room rule and deferred to considering all of this in the fall. 07:28:56 PM (01:30:39)Amendment to the Motion to strike 2.,D.from the proposed restrictions. Commissioner-Terry Cunningham: Motion Page 5 of 7 Bozeman City Commission Minutes,April 2,2018 Commissioner-Jeff Krauss: 2nd 07:29:09 PM (01:30:52) Discussion Cr.Cunningham sees the restaurant statement but establishing the 65%rule is arbitrary. Cr. Krauss referred to Mr. Weiss' request to exempt him from the 600 foot rule. Cr. Mehl stated previous comments make his point in opposing this. Mayor Andrus will not support this condition. 07:34:58 PM (01:36:41) Vote on the Amendment to the Motion to strike 2., D.from the proposed restrictions. The motion passed 3-2. Commissioner-TerrV Cunningham: Motion Commissioner-Jeff Krauss: 2nd Mayor-Cynthia Andrus: Disapprove Deputy Mayor-Chris Mehl: Disapprove Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve 07:35:29 PM (01:37:12) Discussion Cr. Mehl will still vote for the main motion based on increased flexibility. 07:35:52 PM (01:37:35) Vote on the Amended Motion that having reviewed and considered the application materials,public comment,Zoning Commission recommendation, and all the information presented,I hereby adopt the findings presented in the staff report for Application 18097 and move to provisionally adopt Ordinance 1999,the Alcohol Licenses for Beer with Wine Amendments exemption text amendment with the following changes:1)strike Section 2.,B.,1. c., the requirement that alcohol can only be sold to patrons who order food;and 2)strike 2.,D.from the proposed restrictions. The motion passed 5-0. Deputy Mayor-Chris Mehl: Motion Commissioner-Terry Cunningham: 2nd Mayor-Cynthia Andrus:Approve Deputy Mayor-Chris Mehl:Approve Commissioner-Jeff Krauss:Approve Commissioner-I-Ho Pomeroy:Approve Commissioner-Terry Cunningham:Approve K. 07:36:15 PM (01:37:58) FYI/Discussion • CM Surratt encouraged the community to provide input to the Strategic Plan, and they have until end of business on Thursday,April 5, 2018. Page 6 of 7 Bozeman City Commission Minutes,April 2,2018 • DM Mehl announced the Federal Building on Babcock has been proposed by the Federal Government to be an historic building and has asked CM Surratt to ask staff about the pros and cons of this decision. L. 07:37:52 PM (01:39:35)Adjournment Mayor Andrus adjourned the meeting at 7:38 PM. Cynthia L.Andrus Mayor ATTEST: F BO • r • L ti • Robin Crough •, Y1883 City Clerk TIN CO �1�� PREPARED BY: Brenda Sweeney Deputy City Clerk Approved on: , ae Page 7 of 7