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HomeMy WebLinkAbout06-10-19 City Commission Minutes Dolt JJy Co.jd 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 Page 1of11 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 Page 2 of 11 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. Page 3 of 11 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 Page 4 of 11 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 Page 5 of 11 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. Page 6 of 11 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. Page 7 of 11 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. Page 8 of 11 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 Page 9 of 11 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. Page 10 of 11 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 Page 11of11