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HomeMy WebLinkAbout07-17-17 City Commission Minutes U �'L r THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,July 17,2017 DeputV Mayor-Cynthia Andrus: Present Commissioner-Jeff Krauss: Present Mayor-Carson Taylor: Present Commissioner-Chris Mehl: Present Commissioner- I-Ho Pomeroy: Present Staff Present at the Dais:Acting/Assistant City Manager(ACM)Anna Rosenberry, City Attorney(CA) Greg Sullivan, Community Development Director(CDD) Martin Matsen, City Clerk Robin Crough A. 06:00:24 PM (00:04:21)Call to Order—6:00 PM-Commission Room, City Hall, 121 North Rouse Mayor Taylor called the meeting to order at 6:00 PM. B. 06:00:36 PM (00:04:33) Pledge of Allegiance and a Moment of Silence C. 06:01:27 PM (00:05:24)Changes to the Agenda There were no changes to the agenda. D. 06:01:32 PM (00:05:29)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services(LaMeres) _a 2. Authorize the Acting City Manager to Sign Amendment Number 3 to Task Order Number 3 with DOWL for Right of Way Acquisition for the North 7th Avenue Lighting and Streetscape Project(Fine) L 06:01:37 PM (00:05:34)City Manager Overview Acting City Manager Rosenberry provided a brief overview of Consent Items 1-2. 06:02:38 PM (00:06:35) Public Comment There was no public comment. Page 1 of 9 Bozeman City Commission Meeting Minutes,July 17,2017 06:02:51 PM (00:06:48)Motion and Vote to approve Consent Items 1-2 as submitted. The motion passed 5-0. Deputy Mayor-Cynthia Andrus: Motion Commissioner-Chris Mehl: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner- I-Ho Pomeroy:Approve E. 06:03:08 PM (00:07:05) Public Comment Mayor Taylor opened public comment. 06:04:46 PM (00:08:43) TammV MingV, Public Comment Ms. Mingy lives in the Bon Ton district,stated she was concerned about a poll on the Next Door app about Accessory Dwelling Units.There was a lot of misinformation about detached ADUs in the historical neighborhoods. F. 06:08:31 PM (00:12:28)Action Items 1. 06:08:33 PM (00:12:30)Unified Development Code(UDC) Update Public Hearing Cancellation (Rogers) , a 06:08:51 PM (00:12:48)Staff Presentation Policy and Planning Manager Chris Saunders explained the cancellation of tonight's hearing, and new dates will be set at the end of this agenda. 2. 06:09:41 PM (00:13:38) Resolution 4830, Oak Meadows Park Master Plan Amendment (Poissant) 7 0 06:10:00 PM (00:13:57)Staff Presentation Carolyn Poissant,TOPS Manager, presented on the Oak Meadows Park Master Plan amendment. 06:13:48 PM (00:17:45) Questions of Staff DM Andrus asked the reason why the building of the park has taken close to three years, and why there was a change in the design. Cr. Krauss asked about the public input process. 06:18:06 PM (00:22:03) Public Comment There was no public comment. Page 2 of 9 Bozeman City Commission Meeting Minutes,July 17,2017 06:18:30 PM (00:22:27)Motion that inconsideration of all public input and materials presented by staff to date,I hereby adopt Resolution 4830 adopting the amended master plan for Oak Meadows Park, in accordance with the Bozeman Municipal Code Section 26.02.220. Commissioner-Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd 06:18:49 PM (00:22:46) Discussion Cr. Mehl is satisfied with the answers to Commission questions and supports the resolution. Cr. Pomeroy discussed the cash-in-lieu and the improvements are the right thing to do. Cr. Krauss discussed the trade of cash-in-lieu, and the importance of involving the public in these decisions since it is a city park. Mayor Taylor supports the motion, and agreed with Cr. Krauss. 06:22:41 PM (00:26:38) Vote on the Motion that in consideration of all public input and materials presented by staff to date,I hereby adopt Resolution 4830 adopting the amended master plan for Oak Meadows Park, in accordance with the Bozeman Municipal Code Section 26.02.220. The motion passed 5-0. Commissioner-Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner- I-Ho Pomeroy:Approve 3. 06:23:12 PM (00:27:09) Resolution 4831, Allocation of Cash-in-lieu of Parkland Dedication Funds to the Oak Meadows Park Improvements Project(Poissant) f.a 06:23:25 PM (00:27:22)Staff Presentation Carolyn Poissant discussed the purpose of cash-in-lieu and the development process. 06:24:59 PM (00:28:56)Questions of Staff Cr. Pomeroy asked if the City is paying money, but the HOA is aiding? Cr. Krauss asked if the cash-in-lieu policy has been updated since 2007. 06:26:42 PM (00:30:39) Public Comment There was no public comment. 06:26:56 PM (00:30:53)Motion that in consideration of all public input and materials presented by staff to date,1 hereby adopt Resolution 4831 allocating$102,600 from the cash-in-lieu of parkland dedication fund account for construction of improvements in Oak Meadows Park. Page 3 of 9 Bozeman City Commission Meeting Minutes,July 17,2017 Commissioner-Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd 06:27:16 PM (00:31:13) Discussion Cr. Mehl stated there was an appropriate balance here. Cr. Pomeroy supports the motion. Cr. Krauss discussed the cash-in-lieu of parkland in HOA parks,and discussed the intention. DM Andrus noted that there are neighbors willing to build this park and supports the motion. Mayor Taylor supports the motion. He discussed cash-in-lieu in general. Ms. Poissant stated the PROST Plan calls for development in the vicinity. 06:34:18 PM (00:38:15) Vote on the Motion that in consideration of all public input and materials presented by staff to date, I hereby adopt Resolution 4831 allocating$102,600 from the cash-in-lieu of parkland dedication fund account for construction of improvements in Oak Meadows Park. The motion passed 5-0. Commissioner-Chris Mehl: Motion Commissioner- I-Ho Pomeroy: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner- I-Ho Pomeroy:Approve 4. 06:34:33 PM (00:38:30)Affordable Housing Discussion (Matsen) .a 06:35:29 PM (00:39:26)Staff Presentation Tracy Menuez with HRDC presented a broad background on the affordable housing issue.She defined affordable,discussed the housing continuum, and discussed HRDC's 2012-2016 activities. Community Development Director Marty Matsen discussed the housing continuum further,specifically the assisted ownership section. He discussed the number of new housing units. He discussed the current ordinance in detail, and recommended removing condominiums from the ordinance. He discussed the next steps, including retooling the Affordable Housing Manual,future focused discussions with the Commission (resulting in a new 2018-2022 Action Plan): leadership/structure of an Affordable Housing Program; comprehensive look at the entire Housing Continuum; identify roadblocks to building affordable housing; discuss adding rental, multi-family, and condos. 07:01:33 PM (01:05:30)Questions of Staff Cr. Pomeroy asked for clarification about when condos would get included.She asked how land could be used efficiently for affordable housing. CDD Matsen discussed density goals. DM Andrus asked about how many built homes were actually sold as affordable. CDD Matsen stated the City is not able to gather sales information.She asked about use of the incentives.She asked in successful communities,what level is the city involved? Page 4 of 9 Bozeman City Commission Meeting Minutes,July 17,2017 Cr. Krauss asked about third-party information gathering. He asked why we can't get the sales information from the Department of Revenue. He asked if there was a way to narrow down the current information to after the SWMBIA bet,and HRDC's role in income gathering. He asked Ms. Menuez about condominium's role.She clarified that HRDC does have a list of income-qualified interested buyers. He asked if they ever communicated with SWMBIA,to which she answered yes.West Edge Condominiums was discussed in detail. Cr. Mehl asked if CDD's recommendation is to add or decrease incentives. He asked if townhomes and duplexes can meet the inclusionary zoning mandate. He asked if a clear,guidelines document could be created. He asked in more detail about including condos and staff time required. He asked what bigger things can be done in what time period. Mayor Taylor asked what could be done quickly. City Attorney Sullivan responded in detail about the ordinances and timing. Mayor Taylor asked about the two-year requirement for new owners. Cr. Krauss asked for clarification of the intention of striking the condos. Cr. Pomeroy asked if the incentive program was gone, and if the incentives were successful. Cr. Krauss asked about a reasonable guess for a typical development timeline. 07:54:44 PM (01:58:41) Recess The Commission went into recess until 8:05 PM. 08:05:41 PM (02:09:38)Call to Order Mayor Taylor called the meeting back to order at 8:06 PM. 08:06:03 PM (02:10:00) Public Comment Mayor Taylor opened public comment. 08:07:15 PM (02:11:12)Edward Sypinski, Public Comment Mr.Sypinski stated Greater Gallatin Homeless Action Committee strongly supports the Commission's work on addressing affordable housing. He read into the record the members of GGHAC. 08:09:21 PM (02:13:18)Danica Jameson Public Comment Ms.Jameson,with Greater Gallatin United Way,shared her enthusiasm for a comprehensive plan moving forward.She encouraged the City to use City land and to include child care needs.She offered United Way's help in co-facilitating any public process.She discussed the problem of homelessness as well. 08:12:17 PM (02:16:14) Terry Cunningham,Public Comment Mr. Cunningham discussed his distributed proposals,and discussed his proposal of a fee-based affordable housing program. 08:15:32 PM (02:19:29)Kevin Thane,Public Comment Mr.Thane,Vice Chair of the CAHAB,discussed the need for creativity and thoughtfulness. CAHAB suggests revising the affordable housing ordinance, and make changes in the UDC. He also endorsed Page 5 of 9 Bozeman City Commission Meeting Minutes,July 17,2017 Terry Cunningham's proposals. 08:18:25 PM (02:22:22)Scott Johnson,Public Comment Mr.Johnson has been involved in development for many years in Bozeman. He discussed the SWMBIA bet and if one year was enough time,which he stated no. 08:20:18 PM (02:24:15)Jen Vireau,Public Comment Ms.Vireau stated that Community Health Partners strongly encouraged affordable housing for the most vulnerable in the community. 08:21:09 PM (02:25:06)Dave Magistrelli,Public Comment Mr. Magistrelli discussed Habitat for Humanity's role and how they haven't built recently because of the price of land. He asked the Commission to look at their proposal to build nine units. 08:23:18 PM (02:27:15)Scott Hoight,Public Comment Mr. Hoight, a volunteer with Habitat for Humanity, discussed the organization's history and named a number of partners. He discussed the need of land acquisition that the City can help with. 08:26:48 PM (02:30:45)Ralph Johnson,Public Comment Mr.Johnson strongly endorsed CDD Matsen's proposal or future,smaller discussions. He also asked that CAHAB be highly participatory. He proposed permitting ADU's at grade. 08:28:02 PM (02:31:59)Kevin Sylvester,Public Comment Mr. Sylvester, Executive Director of Family Promise, he advocated for those in a low-income bracket. He strongly encouraged the City to take an active, regulatory approach. He provided a number of proposals. 08:30:05 PM (02:34:02)Raymond Porter,Public Comment Mr. Porter stated that he is a student, renter, and spoke that government overreaches. He stated that taxes hurt poor people and tax people out of Bozeman. He asked to reduce regulations and cut taxes on those that own houses, and hold MSU accountable. 08:33:47 PM (02:37:44)Anders Lewendal,Public Comment Mr. Lewendal, builder and member of CAHAB,stated that the incentives had no value to builders. He discussed the voluntary mandate, and discussed condominiums in detail, including financing. 08:36:59 PM (02:40:56)Heidi Arneson,Public Comment Ms. Arneson discussed the impact of homelessness.She discussed a number of different issues she supports. She discussed working with the School District. 08:38:20 PM (02:42:17) Discussion Cr. Mehl would support fixing the condominiums language in the ordinance. He is interested in reconsidering the incentives, especially working with partners for workforce housing. He was also Page 6 of 9 Bozeman City Commission Meeting Minutes,July 17,2017 interested in having a new unit assessment. He also supported reviewing the general principles. He recommended a density bonus. He discussed the complexity and time and variety of solutions needed. Cr. Krauss discussed the current inclusionary zoning ordinance, and the idea of the incentives that didn't work rolling over. He discussed using City property for affordable housing and does not support it. He does not support finding ways around the condos language in the ordinance. He agreed with the suggestion to look at parking. He discussed the sensitivity of income and sales information and the importance of speaking with the Department of Revenue. He does not understand the resistance to condos. DM Andrus discussed that even if the bet was won,we didn't meet our goals.She stated the biggest issue she sees is process.She discussed this was a work in process.She was interested in the fee proposal, and also agreed parking could be considered. She also recommended looking at UDC changes and are they actually helping move affordable housing forward.She asked that builders help be part of the solution. Cr. Pomeroy discussed a number of options, and supported working closer with MSU. Mayor Taylor summarized a number of issues that this is about:the community,the environment, and growth. He asked for short term fixes in the condos language. He does agree they should be included. He'd like to change the 2 year piece to 5 years. He'd like to see an arrangement with Habitat for Humanity. He discussed a proposal from MSU for some land for affordable housing. He discussed a potential for cash-in-lieu. He encouraged an incentive program for City employees to live in the city.The fee proposal was interesting. He asked for a prioritization from the Community Development Department. He discussed that this was not based on the SWMBIA bet. Cr. Mehl summarized consensus on issues. CDD Matsen discussed where he heard consensus for clarity.The Commissioners weighed in a few other issues. 5. 09:30:26 PM (03:34:23) Resolution 4808, Amending the Affordable Housing Ordinance Administrative Manual (Matsen) _a 09:30:38 PM (03:34:35)Staff Presentation CDD Matsen discussed that this manual differs from market rate, and this is unincentivizing building smaller units. He discussed that he ask to remove only the square footage requirement. 09:34:13 PM (03:38:10) Questions DM Andrus asked if there was any other reason the 800 square feet was in there. Cr. Pomeroy asked if this increases housing. 09:37:13 PM (03:41:10) Public Comment Mayor Taylor opened public comment. 09:37:22 PM (03:41:19)Ray Porter, Public Comment Mr. Porter thanked the Commission, and asked that the Commission consider deregulating the full Page 7 of 9 Bozeman City Commission Meeting Minutes,July 17,2017 marketplace as well. 09:38:50 PM (03:42:47)City Attorney Clarification CA Sullivan suggested the motion exclude section 2 of the resolution. 09:39:41 PM (03:43:38)Motion that having considered the staff memorandum,public comment, and all information presented,I hereby move to adopt Resolution 4808, amending the Affordable Housing Ordinance Administrative Manual to eliminate all references to minimum building square footage for affordable homes and to exclude Section 2. Commissioner- I-Ho Pomeroy: Motion Commissioner-Jeff Krauss: 2nd 09:40:15 PM (03:44:12) Discussion Cr. Pomeroy supports this as it increases housing. Cr. Krauss stated this is a step in the right direction. He'd like a follow-up about safety issues of heating elements. DM Andrus clarified this is just amending the AHO, and supports. Cr. Mehl reiterated the public safety element. Mayor Taylor stated he appreciated the mix of experimental and decreasing design guidelines. 09:43:57 PM (03:47:54) Vote on the Motion that having considered the staff memorandum,public comment, and all information presented, I hereby move to adopt Resolution 4808, amending the Affordable Housing Ordinance Administrative Manual to eliminate all references to minimum building square footage for affordable homes and to exclude Section 2. The motion passed 5-0. Commissioner- I-Ho Pomeroy: Motion Commissioner-Jeff Krauss: 2nd Deputy Mayor-Cynthia Andrus:Approve Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner- I-Ho Pomeroy:Approve G. 09:44:10 PM (03:48:07) FYI/Discussion 1. 09:44:12 PM (03:48:09)Scheduling August Meeting for Unified Development Code (UDC) Update The Commission and staff discussed and decided August 17, 2017 would work for a UDC kickoff meeting. 2. 09:49:05 PM (03:53:02)Cr. Krauss asked for some confirmation for ADUs in subdivisions prior to 1997. Policy and Planning Manager Chris Saunders provided some background information. Page 8 of 9 Bozeman City Commission Meeting Minutes,July 17,2017 H. 09:52:37 PM (03:56:34)Adjournment Mayor Taylor adjourned the meeting at 9:52 PM. Carson Taylor Mayor ATTEST: Bo ' v e ��Y w. _� • Robin Crough y City Clerk 9�'•, 1883 •. L9T�N CO �10 PREPARED BY: Robin Crough City Clerk Approved on: ��- Page 9 of 9