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HomeMy WebLinkAbout2001-01-22 Minutes, City Commission workMINUTES OF THE COMMISSION MEETING/WORK SESSION OF THE CITY COMMISSION BOZEMAN, MONTANA January 22, 2001 The Commission of the City of Bozeman met in regular session and work session in the Commission Room, Municipal Building, on Monday, January 22, 2001, at 3:00 p.m. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the call to order, Pledge of Allegiance and a moment of silence. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Appointment of Commissioner Brown and Commissioner Frost to review Pledged Securities as of December 31, 2000 Claims It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. Work Session - (A) Discussion re noise ordinance; and (B) Continued discussion re linkage fees and displacement ordinance (A) Discussion re noise ordinance Included in the Commissioners' packets was information regarding existing municipal code and State statute provisions regarding noise. Staff Attorney Patricia Day-Moore noted this presentation is in response to Commission direction following mediation on the use of skateboards in the Bogert Park pavilion last summer and in light of a citizen complaint about a snowblower being used at 3:00 a.m. She stated that, following research and discussions with Associate Planner Saunders, staff has identified three possible approaches to this issue: (1) identify specific behaviors which are prohibited, such as no loud bass in vehicles or no use of machinery at 2:00 a.m., and criminalize them; (2) establish specific allowable decibel levels and outlaw activities which exceed those levels; or (3) a combination of the previous 01-22-2001 -2- two options. She forwarded staff's recommendation that the third option be followed, noting that separating the noise control issues will lead to cleaner enforcement. Associate Planner Chris Saunders noted that Chapter 18.50 of the zone code identifies a specific set of standards and decibels. He noted that those standards can be applied to situations that don't move and that can be monitored; however, he recognized that more mobile situations need to be subjected to a different set of criteria and standards that can be more quickly applied. He stressed that measuring decibel levels requires use of equipment; and that will mean purchase of a sound meter and octave band analyzer, with accompanying software for analysis. He noted that decibel levels are bna logarithmic scale, so an apparently small change in level may have a large result. He indicated that, in a stationary situation, decibel levels provide consistency, and examples of acceptable and not acceptable levels can be provided. He concluded by stating that, if the Commission wishes to have the zone code provisions amended, staff would recommend those revisions be included in the comprehensive rewrite of the zone code, upon adoption of the growth plan, rather than as a stand alone amendment. Responding to questions from the Commission, Staff Attorney Day-Moore stated she envisions the police enforcing the disturbing the peace provisions of the code, while the zone code violations would be processed through the code enforcement officer. She indicated that the existing disturbing the peace ordinance was adopted in 1934 and is very broadly written, while today's ordinances are much more specifically written. Following discussion, the Commissioners concurred in the recommendations forwarded by staff. (B) Continued discussion re linkage fees and displacement ordinance Included in the Commissioners' packets was a memo from Mayor Youngman to the Commissioners, dated January 18, forwarding questions to be answered prior to this work session. Distributed just prior to the meeting were copies of the ordinances which have been adopted by Santa Monica, California, regarding tenant relocation assistance, and Beverly Hills, California, regarding rent stabilization, as submitted by Commissioner Smiley. At Mayor Youngman's request, the Commissioners provided their responses to each of the eight questions on the questionnaire. As a result of that discussion, the Commissioners generally concurred that the following items should be addressed in a displacement ordinance: (1) a building with a specific number of rental units shall be subject to the provision of the displacement ordinance, but the specific number was not identified; (2) all tenants should be given an extra eviction notice period for displacement or conversion; (3) the eviction notice should be three months for apartments and six months for mobile home owners in a park; (4) property owners involved in evictions of a specific number of affordable units should be required to pay into a displacement fund, except that all units for special needs people shall be subject to the requirement; (5) property owners should be given a way to be exempted from paying into the displacement fund in certain circumstances; (6) the City should set up a fund from sources other than the property owners; (7) tenants/mobile home owners of a certain income level, senior citizens and special needs tenants should be eligible for assistance through the displacement fund; and (8) a three-year review period should be provided but not made mandatory. 01-22-2001 -3- Commissioner Brown suggested that, in lieu of extra eviction notice, a property owner should be given the option of providing a more standard eviction notice and additional funding to meet the needs of those being displaced. Commissioner Kirchhoff voiced his fears about possible unintended consequences of these provisions, cautioning they could actually negate what the Commission is trying to accomplish. He suggested that an inventory of the more affordable units be taken, noting that not many of the units in the private market are being rented at below market rates, except possibly in mobile home parks. Responding to comments from Commissioner Kirchhoff, Commissioner Smiley stated she feels that Santa Monica and Beverly Hills are similar to Bozeman because they are both landlocked and rents are similar in price for the average person. She noted that the article in yesterday's Bozernan Daily Chronicle about housing prices in Jackson Hole, Wyoming, has her very concerned. Mayor Youngman stated that the market takes care of the rental prices to a certain extent, noting that certain kinds of apartments will attract certain tenants. Responding to Commissioner Kirchhoff, VISTA volunteer Ashley Green stated research has revealed that in Seattle, half of the monies in the displacement fund were paid by the local government while the other half were paid by developers; in all other communities, the fees were paid strictly by the developers. As a result of discussion, the Commissioners indicated an interest in providing some local government contribution to the displacement fund, if it can be accommodated during the budgeting process. Mayor Youngman noted that the attorney on the Community Affordable Housing Advisory Board and another attorney who has offered pro bono time could do legal research on the issues identified by the Commission, to reduce impacts on staff time; City Attorney Luwe responded that his office has an ethical requirement to provide independent professional judgment and advice and will, therefore, do its own research even if these proffered services are accepted. Responding to Commissioner Smiley, the City Attorney stated that, during his research, he will identify those issues that can be addressed under the existing general government powers, what can be addressed under self-government powers, and what cannot be implemented under either form. Break - 4:28 to 4:37 p.m. Mayor Youngman Commission policy. declared a break from 4:28 p.m. to 4:37 p.m., in accordance with Work Session - (A) Discussion re noise ordinance; and (B) Continued discussion re linkage fees and displacement ordinance (B) Continued discussion re linkage fees and displacement ordinance (continued) Mayor Youngman invited those in attendance at this meeting to complete the questionnaire that the Commissioners had completed as a way of providing additional input. She then asked the 01-22-2001 -4- Commissioners to turn their attention to some of the suggestions received at last week's work session. Mayor Youngman asked if the Commissioners want to consider linkage fees, as proposed by the Community Affordable Housing Advisory Board; a majority of the Commissioners voiced a willingness to look at the concept. Mayor Youngman stated she has received a suggestion to reduce the minimum size of apartments from 600 square feet, particularly since the Uniform Building Code requirement is 320 square feet. During discussion, the Commissioners recognized that certain fixed costs are involved in constructing a dwelling unit, so the savings could not be strictly based on the reduced size. They discussed the possibility of limiting the number of 350-square-foot units allowed in a single structure, but chose to let the market determine that issue. The Commissioners also felt that mixed use should be promoted, and that a vast concentration of small units in an area should be discouraged, due in part to impacts on infrastructure. Mr. Dab Dabney noted his smallest unit is 430 square feet, and characterized 350 square feet as a very livable area. He cautioned that, in Bozeman, that size apartment would have a market rent of $475 to $500 per month because of the fixed costs associated with a living unit, no matter what its size. Responding to questions from Mayor Youngman, City Attorney Luwe stated that apartments are a permitted use in the "R-O", Residential-Office, zoning designation, while efficiency apartments are a conditional use. Following discussion, the Commissioners concurred this is an issue that should be reviewed. Mr. Tom Herndon, currently a homeless member of the community, noted that, in some areas, there are living units with shared bathrooms and sometimes shared kitchen facilities. Assistant City Manager Brey stated those are called congregate living facilities; the Commission concurred that this issue should also be considered in the ordinance. Mayor Youngman noted there has been discussion about a fast track process for affordable housing and asked if the Commissioners are interested in pursuing that possibility. Following discussion, the Commissioners indicated an interest in an expedited review process, without additional expense to the developer. The Mayor also asked if the Commissioners want the City Attorney to research the possibility of providing tax abatements for affordable housing; they concurred that they would like to have it researched. Mayor Youngman asked that staff bring back suggested timelines for implementing some of the ideas which have been discussed. The Commissioners accepted comments from those in attendance. Those comments affirmed the need for affordable housing in a mixed use environment and stressed the importance of addressing the problems of potentially displaced mobile home owners, particularly those with older homes. Mr. Dab Dabney, Farmhouse Partners, characterized the review process for his Comstock III project as the most frustrating and time-consuming process he has been through. He suggested that a checklist frOm the Engineering Department could help the consulting engineer provide all of the 01-22-2001 -5- needed information the first time and help the City's Engineering Department complete its review in a more timely manner, and avoid the imposition of new requirements late in the review process. Mr. Jeff Rupp, Human Resource Development Council, stated his organization sees an average of five or six families a day, and probably only one of those families can afford affordable housing. He urged the Commission to focus on mobile homes, since the residents typically own their homes but not the ground on which they are located, and publicly subsidized units. Assistant City Manager Ron Brey noted that, under the City's zone code, pre-HUD certified mobile homes are allowed in the "R-MH", Residential-Mobile Home, district; however, none of the existing mobile home parks in Bozeman is located in an "R-MH" zoning district. As a result, he noted that the owners of those homes have nowhere to locate them if they are displaced. He also stated that those zoning designations where mobile homes are allowed are generally built out or are subject to covenants that do not allow mobile homes, so there is no place to relocate a mobile home in the community. Responding to questions from Commissioner Kirchhoff, Mr. Rupp suggested that the Commission consider a twelve or eighteen-month eviction notice requirement for mobile home courts. He also suggested that the City consider the possibility of partnering on a cooperative ownership mobile home park. In light of Mr. Rupp's comments, the Commissioners returned to their responses to the questionnaire and decided to change their response to Question No. 3 to eighteen months instead of six months. They also agreed that the notice requirement for rent subsidized units should be 120 days. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1) Memo from Director of Public Service Debbie Arkell, dated January 1 6, forwarding the summary of a recent random garbage collection survey. (2) Letter from the Greater Yellowstone Coalition forwarding information regarding the meetings with Dan Burden on January 26 and 27. (3) Copy of the snowfall report for the Gallatin River drainage as of January 15, 2001. (4) Memo from the Livingston City Commission inviting the Bozeman City Commission to attend a work session on sustaining locally owned businesses set for 7:00 p.m. on Tuesday, January 30, at the City/County Complex. (5) Listing of the board members, dated January 18, 2001. (6) Memo from the Clerk of the Commission, dated January 22, reminding the department heads and Commissioners of the deadlines for placing items on the agenda and providing support information. 01-22-2001 -6- (7) Copy of a letter from Wal-Mart to Bay Area Economics, dated January 15, regarding the economic analysis. (8) Minutes from the Local Water Quality District meeting held on October 12, 2000. (9) Agenda for the Bozeman School District No. 7 Board of Trustees meeting to be held at 7:00 p.m. today at the Willson School. (10) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, January 23, at the Courthouse. (11) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Tuesday, January 23, at the Courthouse, along with minutes from the January 9 meeting. (12) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, January 23, at the Professional Building. (13) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, January 23, at the Professional Building. (14) City Manager Johnson distributed copies of a letter he sent to Mr. Jerry Williams this afternoon regarding the expedited review process for the Baxter Meadows project. Commissioner Brown stated it is his understanding this project is to be considered by the County Commission at its meeting tomorrow and asked if the City Commissioners should go and, if so, whether they should testify. During discussion of this issue, City Manager Johnson stated that Mr. Williams has indicated he has no intent of withdrawing his application with the County while processing an application with the City, to ensure that he gains approval from at least one agency. He then stressed that, as of this date, no formal application has been filed with the City. (15) City Manager Johnson submitted the following. (1) Noted that HB124, the "big bill", is scheduled for hearing on Thursday. He voiced his concerns about the bill, noting other communities share many of those concerns; and he anticipates many revisions to the bill prior to the Legislature acting on it. (2) Stated that the Engineering Department is working on a checklist and a way to more clearly define the City's standards, noting that the previous direction to provide more flexibility leads to greater difficulty in writing the standards and more gray areas. He indicated that, hopefully, the City's new GIS system will also help in this area. (16) Assistant City Manager Ron Brey submitted the following. (1) Stated that the ordinances allowing for simultaneous installation of infrastructure and construction of a project are currently written to allow for only municipal water or sewer services and suggested the Commission may wish to consider whether to retain that language or expand it to include central public systems, which is the current code provision. (2) Stated that he, City Attorney Luwe and Clerk of the Commission Sullivan met last week to begin the process of developing a transition plan for the new form of government. (3) Stated he has received inquiries about the development of a charter for the City. He cautioned that, under State statutes, change to a charter form of government may not be considered for three years; however, he noted that development of a good charter will take 01-22-2001 -7- approximately two years. As a result, he suggested the creation of a citizen committee at this time may be appropriate. The Commissioners concurred this should be the topic of discussion at an upcoming work session. (17) Commissioner Brown stated that he attended the Chamber of Commerce meeting on legislation on Friday morning, at which the topic was the "big bill". He noted that next week's meeting will be on school taxes and the following week's meeting will be on economic development related issues. (18) Commissioner Smiley announced that she will be attending the economic outlook seminar on Friday. (19) Commissioner Kirchhoff announced that he will be absent from next week's Commission meeting. Adjournment - 6:30 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Brown, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. ATTEST: MARCIA B. YOUN~~, Mayor ROBIN L. SULLIVAN Clerk of the Commission 01-22-2001