HomeMy WebLinkAbout11-04-19 City Commission Minutes V 9x
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, November 04,2019
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. 05:59:57 PM (00:05:41)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. 06:00:06 PM (00:05:50) Pledge of Allegiance and a Moment of Silence
C. 06:00:54 PM (00:06:38)Changes to the Agenda
There were no changes to the agenda.
D. 06:01:00 PM (00:06:44) Public Service Announcements
1. City Commission Meeting Cancelled on Monday, November 11, 2019 and Closure of City
Offices (Crough)
City Clerk Crough noted the next meeting is cancelled, and that City offices are closed. Solid
waste and recycling services are not pushed back for the week.
E. 06:01:23 PM (00:07:07) FYI
1. New Employee Introductions (Henderson)
HR Director James Henderson introduced the new City employees from the previous month.
• Mayor Andrus introduced her visiting parents.
• DM Mehl reminded the public of tomorrow's election, and of upcoming public meetings.
• Cr. Cunningham noted the upcoming Symbozium event, and affordable housing outreach
events.
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Bozeman City Commission Meeting Minutes,November 4,2019
F. 06:06:34 PM (00:12:18)Commission Disclosures
There were no commission disclosures.
G. 06:06:40 PM (00:12:24)Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services(LaMeres)0� a
2. Approve the Depository Bonds and Pledged Securities as of September 30, 2019 (Clark) t5
3. Adopt the Fire Impact Fee Fund Capital Improvement Plan (CIP) for Fiscal Years 2021-2025
(Donald).".' a
4. Formal Cancellation of the November 11, 2019 City Commission Meeting(Sweeney)0 a
5. Authorize the Mayor to Sign the Findings of Fact and Order for the Gran Cielo Major
Subdivision Preliminary Plat,Application 19219 (Garber) " a
6. Approve the Final Plat for the Lot 11 Gallatin Center Minor Subdivision,Authorize the Director
of Public Works to Sign the Same, and Authorize the Director of Community Development to
Sign the Improvements Agreements on Behalf of the City of Bozeman, Application 19303
(Quasi-Judicial) (Garber) "� a
7. Ratify the City Manager's Signature of the Notice of Award and Construction Contract with
Rowe Excavation, Inc., for the Construction of the East Gallatin River Stream Avulsion
Restoration Project(Heaston) 7 a
8. Ratify the City Manager's Signature on a Contract with Martel Construction, Inc. for Services
Related to the Repair of The Anderson Pavilion at Bogert Park(Henderson), a
9. Authorize the City Manager to Sign a Montana Rail Link Temporary Occupancy Permit,
Providing Staff Permission to Access Private Property to Manage the Design and Construction
of the Manley Ditch Rehabilitation Project(Mehrens)01 a
10. Authorize the City Manager to Sign a Public Access Easement and a Public Utility Easement
with 106 East Babcock, LLC for the 106 East Babcock Project at 106 East Babcock Street,
Application 19203 (Nielsen)0 a
11. Authorize the City Manager to Sign a Utility Easement with Aspen Land Co., LLC for the Aspen
Crossing Project at 515 West Aspen Street,Application 19190 (Nielsen)41 a
12. Resolution 5106, Intent to Modify Special Improvement Lighting District (SILD) Number 736
for The Crossing 2 at Baxter Meadows, Phases 4F,4G and 4H (Clark/Massey), 0
13. Ordinance 2023 Final Adoption, Amending Multiple Sections of Chapter 18, Article 6 of the
Bozeman Municipal Code (BMC) for the Purpose of Issuing Licenses to Operate Emergency
Medical Services(EMS) (Waldo), a
06:06:44 PM (00:12:28) City Manager Overview
CM Surratt discussed the highlights of the consent agenda.
06:08:02 PM (00:13:46) Public Comment
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Bozeman City Commission Meeting Minutes,November 4,2019
Mayor Andrus opened public comment.
06:08:20 PM (00:14:04)Clay Scottsan, Public Comment
Mr.Scottsan,with AMR, discussed a few concerns with Consent Item 13, Ordinance 2023.
06:11:10 PM (00:16:54)Motion and Vote to approve Consent Items 1-13 as submitted. The motion
passed 5-0.
Commissioner-Jeff Krauss: 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
H. 06:11:26 PM (00:17:10) Public Comment
Mayor Andrus opened public comment.
06:11:53 PM (00:17:37)Julien Morice,Public Comment
Mr. Morice discussed a concern with the Mill Creek ditch.
I. 06:14:25 PM (00:20:09)Special Presentation
1. First Quarter Financial Report for Fiscal Year 2020(Donald), 4-
Finance Director Kristin Donald discussed some factors regarding the first quarter, and
displayed all the funds current status,which are in line with previous years.
06:18:49 PM (00:24:33) Questions
Director Donald answered some miscellaneous questions asked in an email from the commission.
Cr. Krauss asked about receipt of tax payments.
Cr. Cunningham asked about building inspection collections and about monitoring general reserves.
Cr. Pomeroy asked about enterprise fund revenue.
DM Mehl and Cr. Pomeroy asked about a few miscellaneous numbers.
J. 06:26:24 PM (00:32:08)Action Items
1. 06:26:28 PM (00:32:12) Resolution 5099, Creation of Special Improvement Lighting District
(SILD) Number 757 for the Gran Cielo Subdivision (Donald)7 a
06:26:45 PM (00:32:29)Staff Presentation
Director Donald discussed the lighting in the proposed district. No public comment or protests were
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Bozeman City Commission Meeting Minutes,November 4,2019
received.
06:27:58 PM (00:33:42) Public Comment
There was no public comment.
06:28:08 PM (00:33:52)Motion to adopt Resolution 5099, Creation of Special Improvement Lighting
District(SILD)Number 757 for the Gran Cielo Subdivision.
Commissioner-TerrV Cunningham: Motion
Commissioner-1-Ho Pomeroy: 2nd
06:28:22 PM (00:34:06) Discussion
Cr. Cunningham discussed the SILD process.
Cr. Pomeroy stated this is a requirement of final plat.
Cr. Krauss will be voting against this, pending the report from an upcoming lighting study.
06:31:08 PM (00:36:52) Vote on the Motion to adopt Resolution 5099, Creation of Special
Improvement Lighting District(SILD)Number 757 for the Gran Cielo Subdivision. The motion passed 4-
1.
Commissioner-TerrV Cunningham: 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
2. 06:31:20 PM (00:37:04) Resolution 5102, Establishing Rates for Solid Waste Services for the
City of Bozeman for Fiscal Years 2020 and 2021 Beginning with Bills Due December 15, 2019
and September 15, 2020(Donald)07 a
06:31:47 PM (00:37:31)Staff Presentation
Director Donald provided some referential solid waste numbers,the rate recommendation overview,
and residential and commercial rate change numbers.
06:36:30 PM (00:42:14)Questions of Staff
Cr. Pomeroy asked about the level of rate changes.
DM Mehl asked about the long-term effect of the rates and reserve, and clarity that this cannot be
subsidized with other funds, best practices,and competitors. Solid Waste Superintendent Kevin
Handelin also answered some questions.
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Bozeman City Commission Meeting Minutes,November 4,2019
Cr. Krauss asked about subsidizing recycling.
Cr. Cunningham asked about creating diversion.
DM Mehl asked about demographics and recycling.
Mayor Andrus asked if the changes needed in the resolution need to be stated in the motion.
Cr. Krauss also asked about the demographics choosing different sizes of totes.
DM Mehl asked about a future transfer facility and landfill savings.
Cr. Krauss asked if the private sector companies have a transfer station.
Cr. Pomeroy asked if both the private sector and City are growing.
07:02:09 PM (01:07:53) Public Comment
Mayor Andrus opened public comment.
07:02:18 PM (01:08:02)Sherry Stalve,Public Comment
Ms. Stalve discussed the cost of recycling and contamination, and producing a larger carbon footprint.
07:04:57 PM (01:10:41)Motion to adopt Resolution 5102,establishing the City's Solid Waste rates for
the City of Bozeman for Fiscal Years 2020 and 2021, beginning with bills due December 15,2019 and
September 15,2020.
Commissioner- I-Ho Pomeroy: Motion
Deputy Mayor-Chris Mehl: 2nd
07:05:40 PM (01:11:24) Discussion
Cr. Pomeroy stated this is a modest rate increase.
DM Mehl discussed his reasons for support of the motion.
07:07:36 PM (01:13:20)Amendment to the Motion and Vote that wherever the services misstated as
something other than solid waste, that it be corrected, and any other minor changes necessary to the
resolution also be corrected. The amendment 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
07:08:09 PM (01:13:53)Amendment to the Motion that the city manager explore expanding recycling
to the entire city,and/or exploring the benefits of a neighborhood-targeted recycling program and
report back to us in time for budget consideration in the next fiscal year.
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Bozeman City Commission Meeting Minutes,November 4,2019
Deputy Mayor-Chris Mehl: Motion
Commissioner-TerrV Cunningham: 2nd
07:08:30 PM (01:14:14) Discussion
DM Mehl stated he wants further information.
Cr. Cunningham discussed methods to encourage recycling.
Mayor Andrus supports the amendment.
07:12:27 PM (01:18:11) Vote on the Amendment to the Motion that the city manager explore
expanding recycling to the entire city, and/or exploring the benefits of a neighborhood-targeted
recycling program and report back to us in time for budget consideration in the next fiscal year. The
amendment passed 4-1.
Deputy Mavor-Chris Mehl: Motion
Commissioner-TerrV Cunningham: 2nd
Mavor-CVnthia Andrus:Approve
Deputy Mayor-Chris Mehl:Approve
Commissioner-Jeff Krauss: Disapprove
Commissioner-I-Ho Pomeroy:Approve
Commissioner-TerrV Cunningham:Approve
07:12:37 PM (01:18:21) Discussion on Main Motion Continued
DM Mehl wants to know more about composting.
Cr. Krauss opposes the motion because of the amendment. He also discussed a potential transfer
station.
Cr.Cunningham discussed his support of the motion.
Mayor Andrus discussed her support of the motion.
07:21:50 PM (01:27:34) Vote on the Motion to adopt Resolution 5102,establishing the City's Solid
Waste rates for the City of Bozeman for Fiscal Years 2020 and 2021,beginning with bills due December
15,2019 and September 15,2020. The motion passed 4-1.
Commissioner- I-Ho PomeroV: Motion
Deputy Mayor-Chris Mehl: 2nd
Mayor-Cynthia Andrus:Approve
Deputy Mayor-Chris Mehl:Approve
Commissioner-Jeff Krauss: Disapprove
Commissioner- I-Ho PomeroV:Approve
Commissioner-TerrV Cunningham:Approve
07:22:12 PM (01:27:56) Recess
Mayor Andrus called the mission into recess until 7:30 PM.
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Bozeman City Commission Meeting Minutes,November 4,2019
07:30:31 PM (01:36:15) Call to Order
Mayor Andrus called the meeting back to order at 7:30 PM.
3. 07:30:38 PM (01:36:22)Ordinance 2028 Provisional Adoption,Amending Chapter 4,Article 3,
of the Bozeman Municipal Code (BMC), Liquor-Retail Sale, Delegating Authority to the City
Manager to Issue Alcohol Licenses within the City of Bozeman (Winn)07 a
07:31:02 PM (01:36:46)Staff Presentation
Assistant City Manager Chuck Winn discussed the scope of the ordinance,which is just the approval
process. He discussed the current process,and enforcing compliance with current policy.
07:35:34 PM (01:41:18) Questions of Staff
DM Mehl asked about the public noticing and appeal process.
Cr. Krauss asked how many times licenses have been revoked, etc.
Cr. Cunningham asked if this changes any investigation procedures and police calls for service.
07:45:37 PM (01:51:21) Point of Order
Cr. Krauss asked if Cr. Cunningham's question was relevant.
07:45:46 PM (01:51:30) Questions of Staff Continued
Cr. Pomeroy asked if the Commission has rejected any licenses under Chapter 4.
Mayor Andrus asked how going through the City Manager is faster, or clearer.
07:54:10 PM (01:59:54) Public Comment
There was no public comment.
07:54:21 PM (02:00:05)Motion to provisionally adopt Ordinance 2028, amending Chapter 4,Article 3
of the Bozeman Municipal Code, delegating authority to the City Manager to issue alcohol licenses
within the City of Bozeman.
Deputy Mayor-Chris Mehl: Motion
Commissioner-Jeff Krauss: 2nd
07:54:36 PM (02:00:20) Discussion
DM Mehl discussed his support of the motion. He does like the annual approval staying on the
commission's agenda.
Cr. Krauss supports getting rid of this license entirely.
Cr. Cunningham is willing to delegate items like these and supports the motion.
Cr. Pomeroy likes that this is more business-friendly.
Mayor Andrus supports the motion, but we need to communicate better to businesses.
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Bozeman City Commission Meeting Minutes,November 4,2019
08:00:50 PM (02:06:34) Vote on the Motion to provisionally adopt Ordinance 2028, amending Chapter
4,Article 3 of the Bozeman Municipal Code, delegating authority to the City Manager to issue alcohol
licenses within the City of Bozeman. 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
4. 08:01:03 PM (02:06:47) Ordinance 2027 Provisional Adoption, Revising Chapter 34, Article 5
of the Bozeman Municipal Code (BMC), Downtown Sidewalk Encroachment Permit Program,
to Enhance and Ensure Accessibility for All Users (Lonsdale) 0 C=
08:01:30 PM (02:07:14)Staff Presentation
Transportation Engineer Taylor Lonsdale discussed the history of the item, and described the sidewalk
zone idea in detail.
08:09:33 PM (02:15:17) Questions of Staff
Cr. Krauss asked if the ordinance recommends any adjustment period for businesses. He asked about
the zones in detail.
Cr. Cunningham asked about the physical footprint(scope) of the ordinance,and whether this needs to
be extended. He asked about outreach/noticing.
Cr. Pomeroy asked if the downtown business owners were consulted, and removing the benches.
DM Mehl asked about the consulting group for this issue, and why this didn't go through a board. Cr.
Krauss said the downtown boards discussed and endorsed this. He asked about boundaries,
enforcement, and the encroachment/cash-in-lieu amount. Ellie Staley,with the Downtown Bozeman
Partnership, answered in some detail.
Mayor Andrus asked how the boundaries for this were decided.She asked for clarification on the
different types of signs/displays.
Cr. Pomeroy further asked about the boundaries.
Cr. Krauss and Mayor Andrus asked for a few clarifications.
08:37:20 PM (02:43:04) Public Comment
Mayor Andrus opened public comment.
08:37:26 PM (02:43:10)Ellie Staley, Public Comment
Ms.Staley discussed the merit of this solution.
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Bozeman City Commission Meeting Minutes,November 4,2019
08:38:44 PM (02:44:28)Motion to provisionally adopt Ordinance 2027, revising Chapter 34,Article 5 of
the Bozeman Municipal Code, the Downtown Sidewalk Encroachment Permit Program, to enhance
and ensure accessibility for all users, making the change to the document(Section 5,A,9.b)to read
consistent with the cash-in-lieu amount as established by resolution of the commission.
Commissioner-Jeff Krauss: Motion
Commissioner-Terry Cunningham: 2nd
08:39:21 PM (02:45:05) Discussion
Cr. Krauss discussed noticing and board discussion, and the reason for the boundary. He discussed the
importance of ADA compliance.
Cr. Cunningham discussed the need for the program.
Cr. Pomeroy discussed her support of the motion.
DM Mehl discussed ADA compliance, and discussed support of the motion.
Mayor Andrus discussed her support of the motion, but potentially expanding to all B-3.
Cr. Krauss stated that encroachments are prohibited outside the boundary.
08:53:09 PM (02:58:53) Vote on the Motion to provisionally adopt Ordinance 2027, revising Chapter
34,Article 5 of the Bozeman Municipal Code, the Downtown Sidewalk Encroachment Permit Program,
to enhance and ensure accessibility for all users, making the change to the document(Section 5,A,
9.b)to read consistent with the cash-in-lieu amount as established by resolution of the commission.
The motion passed 5-0.
Commissioner-Jeff Krauss: 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. 08:53:23 PM (02:59:07) FYI/Discussion
• Cr. Krauss requested a follow-up regarding Julien Morice's public comment.The Commission
agreed.
L. 08:55:17 PM (03:01:01)Adjournment
Mayor Andrus adjourned the meeting at 8:55 PM.
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Bozeman City Commission Meeting Minutes,November 4,2019
Cynthia L.Andrus
Mayor
ATTEST:
�^;•, Robin Crough
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City Clerk
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LLATI
PREPARED BY:
Robin Crough
City Clerk
Approved on: C2.IQ
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