HomeMy WebLinkAbout06-10-19 City Commission Minutes Dolt
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday,June 10,2019
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. 06:00:00 PM (00:04:34)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. 06:00:04 PM (00:04:38) Pledge of Allegiance and a Moment of Silence
C. 06:00:56 PM (00:05:30)Changes to the Agenda
Cr. Krauss asked to pull Consent Item 5. It moved to the first item on the action agenda.
D. 06:01:19 PM (00:05:53) FYI
• Cr.Cunningham noted the Affordable Housing Working Group will be meeting tomorrow at
Fire Station 3 from 11-1 PM.
• DM Mehl asked if the Parks and Trails could be considered as a referendum instead of
protest,and if two other commissioners will support putting a discussion on a future agenda
to do a referendum in the spring. Cr. Pomeroy supports.
• Cr. Pomeroy stated the Mental Health Advisory Council is distributing their current resource
guide in the paper.This Saturday at 9:30 at the Library,a women's recovery house topic will
be discussed.
E. 06:04:30 PM (00:09:04)Commission Disclosures
There were no commission disclosures.
F. 06:04:37 PM (00:09:11) Minutes
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Bozeman City Commission Meeting Minutes,June 10,2019
1. Approve the Regular Meeting Minutes from May 6, May 13, and May 20, 2019, and User
Access to Linked Minutes (Crough) tj
06:04:43 PM (00:09:17)Motion and Vote to approve the regular meeting minutes from May 6, May
13, and May 20,2019. 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
G. 06:05:08 PM (00:09:42)Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services(LaMeres) y, a
2. Approve the Fire Code Board of Appeals Rules of Procedure Dated April 1,2019(Sweeney)
a
3. Authorize the City Manager to Sign a Notice of Award to Four O Six Underground Inc. for
Lamme Street Fiber Conduit, and Final Contract Documents Once Received (Fine) a
4. Authorize the City Manager to Sign a Notice of Award to Montana Civil Contractors, Inc. for
Improvements to Durston Road from Flanders Mill Road to Fowler Avenue,and Final Contract
Documents Once Received (Murray) _—t�
5. Authorize the City Manager to Sign a Canstruetian Agreement with thp Montana DepaFtment
of TFanspeFta+i.,n fer Reuse Avenue Cerri.d..r Ce-R-s+rur+i.,n andd Maintenance (V.,
MOVED TO ACTION AGENDA
6. Authorize the City Manager to Sign a Memorandum of Agreement with Castlebar Limited
Partnership for Right-of-Way for Construction of Improvements to the Oak Street and 27th
Avenue Intersection, Parcel 3 (Murray)I, G?
7. Authorize the City Manager to Sign a Purchase Agreement with Blackfoot Communications,
Inc.for Oak Street Fiber Conduit(Fine) 'a
8. Resolution 5042, Authorizing the Support for the United States Geological Survey- National
Institute of Water Resources(USGS-NIWR) National Competitive Grants Program (Andrus)
a
06:05:14 PM (00:09:48) City Manager Overview
CM Surratt noted the highlights of the consent agenda.
06:06:57 PM (00:11:31) Public Comment
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Bozeman City Commission Meeting Minutes,June 10,2019
There was no public comment.
06:07:10 PM (00:11:44)Motion and Vote to approve Consent Items 1-4,and 6-8 as submitted. The
motion passed 5-0.
Deputy Mayor-Chris Mehl: Motion
Commissioner- I-Ho Pomeroy: 2nd
Mayor-CVnthia Andrus:Approve
Deputy Mayor-Chris Mehl:Approve
Commissioner-Jeff Krauss:Approve
Commissioner- I-Ho Pomeroy:Approve
Commissioner-TerrV Cunningham:Approve
H. 06:07:31 PM (00:12:05) Public Comment
Mayor Andrus opened public comment.
06:08:14 PM (00:12:48)Dave Weiss, Public Comment
Mr.Weiss asked the commission to reconsider the priority of amending the UDC to remove alcohol
restrictions within a radius of certain establishments.
I. 06:10:10 PM (00:14:44)Special Presentation
1. A Seat at the Table:Summary Report-A Community Conversation (Andreasen/Boyer) `a
Neighborhood Coordinator Tanya Andreasen introduced the program and Jennifer Boyer. Ms.
Boyer described the project, demographics of participants, areas of interest, and solutions
proposed.
J. 06:20:24 PM (00:24:58)Action Items
Consent Item 5. 06:20:26 PM (00:25:00) Authorize the City Manager to Sign a Construction
Agreement with the Montana Department of Transportation for Rouse Avenue Corridor
wa
Construction and Maintenance(Kohtz) )- 0
06:20:37 PM (00:25:11) Discussion
Cr. Krauss discussed a failure to maintain sidewalks on this portion this winter, and MDT's failure to take
responsibility.
CA Sullivan and City Engineer Shawn Kohtz shared the frustration and explained context.
06:31:12 PM (00:35:46) Questions of Staff
Cr. Cunningham asked how this contract compared to previous MDT contracts.
Mayor Andrus asked the ramifications of not approving this contract tonight.
Cr. Krauss asked if it is helpful to say no, in order to push MDT.
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Bozeman City Commission Meeting Minutes,June 10,2019
DM Mehl asked what changes we'd be asking for with a delay.
06:39:13 PM (00:43:47) Public Comment
There was no public comment.
06:39:43 PM (00:44:17)Motion to authorize the City Manager to execute the attached construction
and maintenance agreement for Rouse Avenue improvements from Oak Street to Main Street with the
Montana Department of Transportation(MDT).
Commissioner-Jeff Krauss: Motion
Commissioner-TerrV Cunningham: 2nd
06:40:04 PM (00:44:38) Discussion
Cr. Krauss discussed concerns he'll have.
Cr.Cunningham also expressed concerns but also the need to move projects along.
DM Mehl supports continuing to bring this up.
Cr. Pomeroy supports the motion.
Mayor Andrus supports the motion.
06:46:17 PM (00:50:51) Vote on the Motion to authorize the City Manager to execute the attached
construction and maintenance agreement for Rouse Avenue improvements from Oak Street to Main
Street with the Montana Department of Transportation(MDT). The motion passed 5-0.
Commissioner-Jeff Krauss: Motion
Commissioner-TerrV Cunningham: 2nd
Mayor-Cynthia Andrus:Approve
Deputy Mayor-Chris Mehl:Approve
Commissioner-Jeff Krauss:Approve
Commissioner- I-Ho Pomeroy:Approve
Commissioner-TerrV Cunningham:Approve
1. 06:46:28 PM (00:51:02) Home Depot Lot 2 Buffalo Wild Wings Conditional Use Permit and
Modification, Baxter Lane and North 19th Avenue, Application 19089 (Quasi-Judicial)
(Krueger) 'i= a
06:46:51 PM (00:51:25)Staff Presentation
Brian Krueger, Development Review Manager;discussed the project location,site access,the original
PUD master plan, approved site plan, public comment(none received), review criteria,and the positive
recommendation.
06:53:06 PM (00:57:40)Questions of Staff
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Bozeman City Commission Meeting Minutes,June 10,2019
DM Mehl asked if there are any unresolved issues.
Cr. Krauss asked if there is still a reason for zoning this M-1, and what the commission would be
approving tonight.
Cr.Cunningham asked about the retention pond in the area. City Engineer Shawn Kohtz responded.
07:00:13 PM (01:04:47)Applicant Presentation
Brad Anderson, Buffalo Wild Wings franchisee,stated he agrees with the conditions.
07:00:42 PM (01:05:16)Questions of Applicant
DM Mehl asked if he had any concerns with the staff report.
07:01:17 PM (01:05:51) Public Comment
There was no public comment.
07:01:29 PM (01:06:03)Motion that having reviewed and considered the application materials, and all
the information presented, I hereby adopt the findings presented in the staff report for application
19089 and move to approve the Home Depot Lot 2 Buffalo Wild Wings Conditional Use Permit and
Modification application subject to conditions and all applicable code provisions.
Deputy Mayor-Chris Mehl: Motion
Commissioner- I-Ho Pomeroy: 2nd
07:01:49 PM (01:06:23) Discussion
DM Mehl agrees with the staff report and supports the motion. He discussed zoning and stormwater
facilities.
Cr. Pomeroy supports the motion and strongly agreed with certain findings.
Cr. Krauss further discussed zoning and endorsed the application.
Cr.Cunningham agrees with the findings. He agreed that the City should further look into wetlands vs.
retaining ponds.
Mayor Andrus supports the motion and associated herself with prior comments.
07:07:28 PM (01:12:02) Vote on the Motion that having reviewed and considered the application
materials,and all the information presented,I hereby adopt the findings presented in the staff report
for application 19089 and move to approve the Home Depot Lot 2 Buffalo Wild Wings Conditional Use
Permit and Modification application subject to conditions and all applicable code provisions. The
motion passed 5-0.
Deputy Mayor-Chris Mehl: Motion
Commissioner- I-Ho Pomeroy: 2nd
Mayor-Cynthia Andrus:Approve
Deputy Mayor-Chris Mehl:Approve
Commissioner-Jeff Krauss:Approve
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Bozeman City Commission Meeting Minutes,June 10,2019
Commissioner- I-Ho Pomeroy:Approve
Commissioner-Terry Cunningham:Approve
2. 07:07:46 PM (01:12:20) Fiscal Year 2020(FY20) Budget Work Session-General Fund (Donald)
a
07:07:48 PM (01:12:22)Staff Presentation
CM Surratt discussed the general fund makeup,the general fund reserve and future reserve policy,
strategic plan efforts,salaries and benefits, and personnel factors.
07:19:48 PM (01:24:22) Questions of Staff
Cr. Krauss asked about a discrepancy of numbers.
Cr.Cunningham asked for a rough estimate of what gets asked for and not satisfied. He asked about
hybrid vehicle policy.
07:24:45 PM (01:29:19)Staff Presentation Continued
Finance Director Kristin Donald presented the budgets of the city commission, city manager,city clerk,
neighborhoods, city attorney,finance,facilities management, information technology, and human
resources.
07:32:15 PM (01:36:49)Questions of Staff
Cr. Krauss asked if there was an org structure in the budget book. He asked in detail about salaries and
benefits of certain departments. He asked about a decrease in the city attorney's office.
Cr. Cunningham asked about HR training funding and performance metrics, and neighborhoods metrics.
DM Mehl asked about HR's operating and training budget. He asked about an attorney acronym.
Cr. Pomeroy asked about position pay and the revenues coming from property taxes.
Mayor Andrus asked where money would come from if interim lobbying money was needed.She asked
about city attorney metrics.She asked about looking at a longer forecast for budgeting.
Cr. Krauss asked about the Parking Commission and Library Board reporting.
07:55:46 PM (02:00:20) Recess
Mayor Andrus called the meeting into recess until 8:05 PM.
08:04:11 PM (02:08:45)Call to Order
Mayor Andrus called the meeting back to order.
08:04:20 PM (02:08:54)Staff Presentation Continued
Finance Director Donald presented the police budget and fire budget.
08:07:18 PM (02:11:52) Questions of Staff
Cr. Pomeroy asked about police and fire operations increases. She asked about police capital.
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Bozeman City Commission Meeting Minutes,June 10,2019
Cr. Krauss asked about using hybrids for police cars.
Cr.Cunningham asked about the budget taking into account the police staffing plan. He asked about fire
training performance measures.
DM Mehl asked about crime rate increases. He asked about a sobriety center and mental health.
Mayor Andrus asked about the code compliance officers.
08:22:44 PM (02:27:18)Staff Presentation Continued
Finance Director presented the recreation budget, parks budget, and the cemetery budget.
08:26:53 PM (02:31:27)Questions of Staff
Cr.Cunningham asked about the Veterans'Cemetery project. He asked about pool health code rules.
DM Mehl asked about operations numbers discrepancies. He asked about setting goals for progress
instead of just metrics.
Cr. Pomeroy asked how the pool is doing.
Cr. Krauss asked about future trends in pool usage via metrics. He asked about the Veterans' Cemetery.
Mayor Andrus asked about turf maintenance.
08:42:58 PM (02:47:32)Staff Presentation
Finance Director Donald presented the library budget, economic development budget,sustainability
budget, and non-departmental budget.She discussed the outside entity budget requests.
08:49:37 PM (02:54:11)Questions of Staff
Cr. Cunningham asked about Library Foundation funding. He asked about future staffing.
DM Mehl asked why childrens'attendance has stopped at the library.
Cr. Pomeroy asked about more broadband designation in the future.She asked about sustainability
staffing.
Cr.Cunningham asked about the Streamline request.
Mayor Andrus asked about moving broadband projects forward with limited funding.
Cr. Krauss asked if the library received a set amount of mills from the county. He asked about
management staff cost shares with non-general funds. He discussed the relationship with HRDC. He
asked about the Bozeman Police Foundation's role.
DM Mehl asked about the municipal court budget.
09:11:48 PM (03:16:22)Staff Presentation Continued
Director Donald discussed the residential property annual cost adjustments.
09:12:45 PM (03:17:19) Discussion
DM Mehl asked for a cut/add list from the city manager.
09:13:36 PM (03:18:10) Public Comment
Mayor Andrus opened public comment.
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Bozeman City Commission Meeting Minutes,June 10,2019
09:13:50 PM (03:18:24)Ryan Madsen, Public Comment
Mr. Madsen, Service Director with Western Montana Mental Health Center,spoke about Crisis
Response Team data.
09:16:54 PM (03:21:28)Sunshine Ross, Public Comment
Ms. Ross,Streamline Director, discussed Streamline's need due to increased costs.
3. 09:19:26 PM (03:24:00) Ordinance 2020 Provisional Adoption,Text Amendments to Chapter
38, Article 5, Division 560, Signs, and Article 7, Definitions to Revise Multiple Sections to
Comply with Recent United States Supreme Court and Other Court Rulings Regarding the
Standards for Local Government Sign Regulations,Application 19185(Stambaugh/Matsen)-
a
09:20:02 PM (03:24:36)Staff Presentation
Community Development Director Marty Matsen presented Ordinance 2020, changing elements to sign
regulations. He discussed the criteria of evaluation. No public comment was received, and the Zoning
Commission and staff recommends approval. He noted an error in the proposed ordinance that will be
fixed for final adoption.Assistant City Attorney Karen Stambaugh presented the 2015 Supreme Court
case, Reed v.Town of Gilbert.She discussed a review of Bozeman's sign code.
09:38:55 PM (03:43:29)Questions of Staff
Cr. Pomeroy asked how this affects political signs.
Cr.Cunningham asked if we would give guidance to HOAs regarding this, and our liability.
DM Mehl asking about reading signs to determine if they're temporary. He asked why persons were
excluded, not just businesses and organizations.
Mayor Andrus asked about the dimension restriction.
09:46:26 PM (03:51:00) Public Comment
There was no public comment.
09:46:44 PM (03:51:18)Motion that having reviewed and considered the application materials,Zoning
Commission recommendation, and all the information presented,I hereby adopt the findings
presented in the staff report for application 19185 and move to provisionally adopt Ordinance 2020,
including changes to Section 5A.3B.
Commissioner-I-Ho Pomeroy: Motion
Commissioner-Jeff Krauss: 2nd
09:47:25 PM (03:51:59) Discussion
Cr. Pomeroy stated the delay makes sense, and she agrees with these changes.
Cr.Cunningham agrees with the staff analysis and findings.
DM Mehl supports this, and thanked staff for the memo preparation.
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Bozeman City Commission Meeting Minutes,June 10,2019
09:48:57 PM (03:53:31)Amendment to the Motion to amend Section 1A.B5 to read"to give all
persons, organizations, and businesses..."
Deputy Mayor-Chris Mehl: Motion
Commissioner-Terry Cunningham: 2nd
09:49:23 PM (03:53:57) Discussion
DM Mehl stated this was out of an abundance of caution.
09:49:24 PM (03:53:58) Vote on the Amendment to the Motion to amend Section 1A.B5 to read"to
give all persons,organizations, and businesses..."The amendment 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
09:49:40 PM (03:54:14) Vote on the Motion as Amended that having reviewed and considered the
application materials,Zoning Commission recommendation,and all the information presented,I
hereby adopt the findings presented in the staff report for application 19185 and move to
provisionally adopt Ordinance 2020, including changes to Section 5A.3B,and amending Section 1A.B5
to read"to give all persons, organizations,and businesses..."The motion passed 5-0.
Commissioner-I-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
4. 09:49:57 PM (03:54:31) Appointment(s) to the Bozeman Parking Commission (Sweeney)
a
09:50:03 PM (03:54:37) Public Comment
There was no public comment.
09:51:00 PM (03:55:34)Motion and Vote to appoint Paul Neubauer to the(Bozeman Parking
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Bozeman City Commission Meeting Minutes,June 10,2019
Commission]to the position expiring June 30,2022,and Shasta Winston to the position expiring June
30,2023. 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
5. 09:51:30 PM (03:56:04)Appointment to the Zoning Commission (Sweeney) 4z,
09:51:33 PM (03:56:07) Public Comment
There was no public comment.
09:51:41 PM (03:56:15)Motion and Vote to appoint Mark Genito Ito the Zoning Commission]with a
term ending February 28,2021. The motion passed 5-0.
Deputy Mayor-Chris Mehl: 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
K. 09:52:01 PM (03:56:35) FYI/Discussion
• Cr. Cunningham supported the request to revisit the Parks and Trails District. Mayor Andrus
agreed.
• Mayor Andrus discussed a request by the Sierra Club to send a letter to Northwestern
Energy.
• Cr. Krauss did not support the Sierra Club letter, does support a Parks and Trails District
reconsideration,supports addressing the public comment regarding the alcohol radius,and
asked for clarity on mayoral appointments.
• CA Sullivan clarified the steps for the Parks and Trails District reconsideration.
L. 09:55:53 PM (04:00:27)Adjournment
Mayor Andrus adjourned the meeting at 9:55 PM.
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Bozeman City Commission Meeting Minutes,June 10,2019
Cynthia L.Andrus
Mayor
ATTEST:
Robin Crough
City Clerk
PREPARED BY:
Robin Crough
City Clerk
Approved on: J 'an
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