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HomeMy WebLinkAbout2006-05-01 Minutes, City Commission . Page 1 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 1, 2006 ***************************** The Commission of the City of Bozeman met in regular session in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, April 17,2006, at 6:00 p.m. Present were Mayor Jeff Krauss, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Steve Kirchhoff, Cr. Kaaren Jacobson, Acting City Manager Debbie Arkell, Director of Public Safety-Fire Chuck Winn, Planning Director Andy Epple, City Attorney Paul Luwe, and Acting City Clerk Devin Harbour. Pledc:e of Allec:iance and Moment of Silence The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Krauss noted that this is the first televised Commission meeting. Marcia Youngman, formcr Mayor of Bozeman, noted that this is historic and has been in the works for 23 years. She was involved in a committee in 1994-1995 with other citizens who carne forward with recommendations to move towards broadcasting. The citizen committee's recommended a full scale public access station for complete community programming. To have the meetings broadcast is an important start. In Missoula the meeting is the most watched program on the station. Staff vublic service announcement Ms. Arkell noted that we will be live from 6-10 on Monday evenings. All of the equipment is not in place currently, and we aren't equipped to rerun this program, but we will be in the near future. She asked for citizen feedback for which times may be convenient to have the reruns. Arkell advised that the streets have begun the street cleanup program. Work continues on Durston Road from Fowler to the east. Citizens can check the website for current updates and the detour routes. The N. 19lhNalley Center work continues. JTL started on 1-90 and are working south to Durston Rd. Reminded that all business are open and vehicle access is provided to all businesses. 05-01-2006 . Page 2 Minutes September 12,2005, and April!7, 2006. Outstanding: January 17, February 21, March 6, March 24, and March 27, and April 24, 2006 It was moved by Cr. Becker, seconded by Cr. Rupp, that the minutes of the meetings of September 12,2005, be approved. The motion calTied. Thosc voting Aye being Cr. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss. Those voting No being none. Mayor Krauss deferred action on thc minutes of the meetings of January 17, February 21, March 6, March 24, and March 27, April 17, and April 24, 2006 , to a later date. Consent Items City Manager Kukulski presented to the Commission the following Consent Items. L Authorize City Manager to sign Bozeman Deaconcss Health Services Annexation Agrccment (continucd from April 24,2006) 2. Adopt Commission Resolution 3910, Bozeman Deaconess Health Services Resolution of Annexation (continued from April 24, 2006) 3. Provisionally adopt Commission Ordinance 1663, Bozeman Deaconess Health Services Zone Map Amendment (continued from April 24,2006) 4. Authorize City Manager to Sign Homesite Annexation Agreement (continued from April 24, 2(06) 5. Adopt Commission Resolution 3911, Homesite Resolution of Annexation (continued from April 24,2006) 6. Provisionally adopt Commission Ordinancc 1664, Homesite Zone Map Amendment (continued from April 24,2006) 7. Adopt Commission Resolution 3912, Lydens Resolution of Annexation (continued from April 24, 2006) 8. Provisionally adopt Commission Ordinance 1665, Lydens Zone Map Amendment (continued from April 24, 2006) 9. Authorize City Manager to sign Findings of Fact and Order for Annie Phase III B Major Subdivision (continued from April 24, 2006) 10. Authorize City Manager to sign Findings of Fact and Order for Annie Phase 1II C Major Subdivision (continued from April 24, 2006) 11. Authorize City Manager to sign Findings of Fact and Order for Baldwin Minor Subdivision (continued from April 24, 2006) 12. Writeoff of past-due accounts receivable, stale-dated checks, and NSF checks (continued from April 24,2006) 05-01-2006 . Page 3 13. Authorize City Manager to sign L Street Railroad Crossing Agreement with Montana Rail Link 14. Ratify Assistant City Manager's signature on Amendment 1 to Memorandum of Agreement with Montana Department of Transportation for improvements to North 191h A ve./V alley Center Drive. 15. Approve Final Plat for Baldwin Minor Subdivision. 16. Approve Liquor License for Sante at La Creme to sell liquor at 1001 Wcst Oak St. 17. Claims It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, that the Commission approve the Consent Items as listed above. The motion carried. Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss. Thosc voting No being none. Public Comment Susan Hagey, 2802Donna Ave., noted concern with CR Management, who owns thc property with trailers east of thc strcet. They are putting in a storage facility for vehicles behind the three trailers east of their property line. She will not have access to refurbish the fence she has, and is concerned with a lack of buffer where people can come and go 24-7. They have an investment in their properties and are concerned that the property vales will decrease. Elizabeth DalTow, 603 W. Babcock, spoke about dog issues in Bozeman and noted an evcnt May 6, that is picking up dog wastc around Bozeman. The group will be meeting at variable parks and trails around Bozeman and is hoping that people will come and help come clean up dog waste. Responding to Ms. Hagey, Director Epple noted that planning staff have been made aw,rre of this situation. A storage area was approved back in 1998 for this area, staff will revicw thc plans to check for full compliance with the approved site plan. Public Hearinc:s 1. William Martel Properties. Conditional Use Permit to allow construction of 6.428 SQuare foot maintenance and storac:e buildinc: at 1203 South Church A venue. as reQuested bv Don Stueck for William Martel Properties. Inc. (Z-06045) This was the time and place set for the public hearing on the application for a Conditional Use Permit to allow construction of 6,428 square foot maintenance and storage building at 1203 South Church Avenue, as requested by Don Stueck for William Martel Properties, Inc., under application Z-06045. 05-01~2006 . Pagc 4 Mayor Krauss re-opened the continued public hearing. Planner Martin Knight presented the staff report. He noted that staff has reviewed thc application in light of the applicable criteria and staff's findings are contained in the staff report. Staff has forwarded a recommendation of conditional approval. He notcd that one garagc and mature tree will need to be removed and thrce trees will be planted on the property to replace the removed tree. He noted that the Bozeman Creek Ncighborhood Association wrote a letter suggesting additional conditions. Don Stueck, representing the applicant, stated agreement with the proposed conditions and that he is here to answer questions. Responding to Cr. Bccker, Mr. Stueck noted that the applicant is ok to incorporate the conditions in the motion, but suggested it may not be necessary because they have already signed an agreement with the neighborhood association. The following pcople spoke at the public hearing: Chuck Hayden, 507 W. Pond Road Commission Discussion Cr. Becker suggested that if the utility easement that is still floating, the applicant could plant the row of fir trees along the propcrty linc. Decision It was moved by Cr. Kirchhoff, scconded by Cr. Jacobson, to approve the application for a Conditional Use Permit to allow construction of 6,428 square foot maintenance and storage building at 1203 South Church Avenue, as rcquested by Don Stueck for William Martel Properties, Inc., under application Z-06045, subject to the following conditions: 1. The applicant shall provide to the Planning Departmcnt written documentation of compliance with all ofthe conditions of previous applications. This documentation shall include compliance with previous conditions regarding the limitation of vehicle and cquipmcnt storage within the spccified boundaries of the previous Variance application (#C-9214). 2. Details of storage to be relocated within the building shall be included with the Final Site Plan submittal materials. This shall include the demarcation of open space areas to be added & removed with the proposed development. Lot coverage calculations shall be included with the Final Site Plan submittal materials. 3. The proposed structure shall be painted and construction to match the existing color scheme of Martel buildings on-site. Mctal skin or siding shall be selected such that 05-01- 2006 . Page 5 the color of the new building matches as closely as possible that of the existing central shop and office. 4. The proposed project shall be completed as approved and conditioned in the Conditional Use Permit and Variance applications. Any modifications to the submittcd and approved application materials shall invalidate the project's legitimacy, unless the applicant submits the proposed modifications for review and approval by the Department of Planning prior to undcrtaking said modifications. 5. Thc applicant shall comply with all applicable Building/Electrical/Plumbing codes, and permits shall be obtained as requircd by the Building Division prior to commencemcnt of any tenant improvements. 6. All the materials shall be removed that are currcntly stored west of the north-south line tangent to the furthest west edge of Bozcman Creek where it crosses the propel1y. This area shall bc clearly delineated on the Final Site Plan submittal materials. 7. A row of fir trees shall bc planted along the west property line. Thcsc trccs shall not be planted within any easements. The location of these trees shall be accurately depicted on the Final Sitc PIan submittal materials. 8. A 310 permit and/or other permits as required shall be obtained to perform thc concrete removal and clean-up of Bozeman Crcek. Documentation of this clean-up shall be providcd with the Final Site Plan submittal materials. The motion carried. Thosc voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss. Those voting No being none. Action Items 1. Recreation and Parks Advisory Board DOl! Committee Recommendations Assistant City Manager Ron Brey presented the report from the Recreation and Parks Advisory Board Dog Committee. He noted that a year ago the committee conducted a mail survey to about 900 people. The five recommendations came from that committcc. Dave Cook, Recreation and Parks Advisory Board, noted that 84% of the people's primary source of recreation was trails. He also noted it was also evident the concerns about irresponsible dog owners, the waste, and the problems that the dogs were causing to the parks was all important issue. Connie Lein, Animal Control Officer, stated that in 2005 there were 2,034 calls to the police department related to animals, and that citizen input states the need for more enforcement. The police department answers almost 1,000 animals calls and this takes away from their effectiveness. 05-01-2006 Page 6 Ron Dingman, Superintendent of Parks Recreation and Cemetery, noted that one of the recommendations is to create a permanent clog park in the area referrcd to Snowfill, it's in the north end of the landfill and is about 50 acres. This year they instituted a ski area where they could ski with their dogs. He stated that this would offer a place for people to take their dogs and let them run safely. He recommended a four foot high chain link fencc around the park, that would cost about $54,000. Thc second part is thc recommendation to allow, at least on a trial basis, use of the baseball and softball fields on the off-season, but the responsibility to clean up would be on the owner themselves. Mary Vant Hull, Dog Committee Member, handed out a brochure on the wild flowers of Burke Park, a sheet from information on botany, and some photos of the lack of enforcement. Shc noted that there aren't enough places where dogs can be off a leash. Many people have worked hard to make Burke Park a nice place, and we don't want to see it become a dustbowl. She also noted that the there is a need for dog parks of an adequate size. She suggested that the City should consider a door to door canvas, to encourage compliancc with pet licensing. She figures about 10% of the dogs are licensed. We might bc bringing in $150,000 per year. The following people spoke in the public hearing: Mike McGuire, Darlington Apartments David Perlstein Andy Boyd, 215 E. Beall Bill Vandenbos, 1007 E Curtiss Commission Discussion Responding to Mayor Krauss, Ms. Vant Hull noted that Burke Park is about 1/3 to Yz bare. She also responded that as soon as we had another area for unleashed dog use, we could establish a moratorium on Burke Park to give it time to reestablish itself. Cr. Jacobson noted that for true enforcement, we need to increase thc fincs significantly. She also would like to scc a moratorium on Burke Park as soon as possible. Mr. Dingman responded that we do not have the fence in the budget requests right now. Mayor Krauss noted he would support a moratorium on unleashed dogs in Burke Park. Cr. Rupp agreed that pet owners are sometimes grossly irresponsible, and noted that by the end of the summer he would like to have the place fenced and ready to go. Cr. Kirchhoff noted that Cr. Becker is right, and also thinks there should be an opportunity for public comment on this issue before the Commission makes a decision on this issue. It was moved by Cr. Jacobson, seconded by Cr. Becker, to have staff bring this back for consideration in 2 weeks. 05-01-2006 Page 7 The motion carried. Those voting Aye being Crs. Jacobson, Becker, Rupp, Kirchhoff, and Mayor Krauss. Those voting no being none. Break Mayor Krauss dccIared a break from 7:40-7:51 p.m. 2. CIP Project List and discussion Finance Director Rosenberry presented the staff report and the CIP project list for public comment and approval. Shc noted thercis onc propos cd change from what was in thc packct. Shc notcd that this list represents what we think are the highest priority projects over the next five years. She also stated that this is what we believe to be the impact fee eligible projects. She stated that the City would like to implement a right of way acquisition program, because this is critical to complete capacity expansion. The onc change from what was prescntcd was to change "signal" to "intersection improvements" at Griffin and Rouse, because a roundabout was suggested. Shc also noted that the Impact Fee Advisory Committee recommendcd approval of the CIP schedule as presented, based on the engineers explanation and a further review of the numbers following the bid acceptance. Director of Public Service Arkell, noted that the only things that are totally funded by impact fees is the right of way and stop lights. Thcre are still other things that need to bc funded, and unless a developer steps forwards, or we do an SID, the project may not get done. The following people spoke at the public hearing: Susan Swim ley, 1807 W. Dickerson Commission Discussion Cr. Kirchhoff notcd that hc wants to link the CIP to the planning process. He thinks that this is a way that the Commission can influence how the growth in the community will occur. Mayor Krauss agreed that the installation of infrastructure is one way to influence growth. He added that if we identify things that promote infill and are already major malfunctions, but contribute to the revitalization of the core, then we need to approve this CIP. Ms. Arkell noted that in regards to planning, this all comes from the 2001 Greater Bozeman Area Plan, and they were all identified as projects that needed to be completed immediately. She noted that as far as Highland and Main, we are planning to use urban funds for that, and as far as widening Highland, the development will take care of that. 05-01- 2006 , , Page 8 Cr. Kirchhoff noted that we are trying to find the clogs and then make sure we are fixing them. He thinks it could be an incredible opportunity to examine how this relates to the outcomes. For tonight he would hope to eliminatc Baxter, from 7lh to 19th. Cr. Kirchhoff noted he's all for moving this forward, but wants to talk about directing growth, because he thinks it's what the Commission is expected to do. He also noted that we should apply our 2020 thinking to this situation. Cr. Becker noted that this is covering the impact of growth on our community, and he agrees with Cr. Kirchhoff about taking a broader look at the transportation plan and what's affecting our community. Decision It was move by Cr. Becker, seconded by Cr. Rupp to approve impact fee schedule for FY 2007 to 2011, as presented by staff including changing change "signal" to "intersection improvements" at Griffin and Rouse. It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to amcnd the motion by deleting Baxter, from 7lh to 19th from the proposed CIP schedule. Ms. Arkell noted that this would reverse a previous Commission discussion, and would revoke the use of impact fees, so we would need a different source of revenue. Cr. Kirchhoff withdrew his motion to amend the motion by deleting Baxter, from Th to 19lh from the proposed CIP schedule. Cr. Jacobson withdrew her second. The main motion carried. Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss. Those voting No being none. Krauss moved the CAHAB discussion ahead of whitefish ac:enda discussion. 1. CAHAB discussion City Manager Kukulski noted that staff didn't focus on presenting the Commission with recommendations, because staff is looking for direction. Mr. Epple noted the CAHAB proposal was presented on January 30, 2006. Cr. Rupp noted there were four aspect CAHAB put in front of the Commission. We were looking at other communities across the country, and some of those communities were as high as 25% and some as low as 15% on the percentage of houses that should be required to fall below the designated AMI percentage. 05-01-2006 . . Page 9 Tracy Menuez, CAHAB, statcd that thcy looked at the Bay Area Economics Study from 2003, and the pcrccntage thcy rccommcnded comes from the numbcr of housing units the study stated was needed. Mayor Krauss notcd he wants to talk about the proccss. Hc askcd if the Commission has come far enough and if we fully engaged everybody that needed to be engaged. Cr. Jacobson mcntioncd that kccping the affordable units restricted for 10 years wouldn't build an adequate supply if they are only restricted for 10 years. Everything she has read is that the standard is 30 years, and some places it's perfect to a T. If it's only 10 years, then on the 1] Ih ycar, you knock off all the units done the lllh year, you never gct anywhcrc in building an adequate supply. In some places they started out with 10, went to 20, and thcn to 30. She thought that the number is way too low. Ms. Menuez noted that an appreciation of 3% per year is allowed. Cr. Jacobson statcd that the workforce housing should be functionally equivalent to the market rate units. She wanted to make sure that we don't create lesser units, which wouldn't help the overall value of the market rate. Ms. Menuez noted that it relates to functional equivalcncy within the units. The goal is to help the builder make that unit more affordable, and still be able to serve the marketplace requirements. Cr. Jacobson commented that we could need some sort of speculative tax. There would be a graduated tax on the profit, the quicker the turnovcr, and the higher the profit, and that would result in a higher tax. She thinks this could be a way of driving down land cost. We're getting short term land speculation that benefits the individual but hurts the community. The following people spoke at the public hearing: Bob Hendrix, 210 Starling Dab Dabney, 522 S. 6th Caren Roberty Tracy Pool, 215 highland vicw drive Brian Caldwell, 733 S. Tracy Carol Lister, 382 Peace Pipe Drive Anders Lewcndahl, 4020 Graf Commission Discussion City Attorney Luwe noted that ifthey are suggesting inclusionary zoning, it should go through the planning public hearing process instead of the normal public hearing process. Cr. Becker noted he doesn't believe this Commission has any intention of placing an undue burden across the population for supporting a small piece of the population. He thinks this policy is draconian, and the 25% is way too much. He suggested that maybe we could examine alternatives, and he's leaning towards the idea of a land trust as an alternative. He stated that based on Mr. Dabney's comments about 05-01-2006 . . Page 10 thc 3%, maybe we need to reconsidcr a number, maybe 4.5% and maybe we need to look at the years of ownership. We're looking at 120% of AMI, or about $57,000. He also noted the builder needs to make a rcasonablc incomc. Hc statcd that hc thinks CAHAB could examine a broader range of possibilities for the Commission to considcr as part of this ordinancc. Extension of Meetinc: Mayor Krauss extended the mccting past 10:00 p.m., pursuant to Rule IIlA.2 of the Rules of Procedure. L CAHAB Discussion (cout) Cr. Becker noted he would like to turn these questions over to the housing board. Cr. Rupp stated that hc sccs other communities doing similar activities, and while this may not be thc answer, it is somewhere we can begin. Mayor Krauss noted that he understands that some people may have to move away for a while before they can comc back. He stated that he thinks Bozeman is an cxpression of a Darwinistic socicty: you can cithcr make it or you can't. He's not sure about nurses and firemen being the ones who are getting squeezed out, but there are people getting squeezed out. He noteclthat he thinks we should take the government's property, because we're talking about the government's problem. Govcrnmcntal entities that have land that could contributc to workforce housing. He agreed that the land trust could be an aIternative, but we need the participation of the government. He stated that we neeclto engage them, we need to engage the school district, university, etc. Cr. Jacobson stated that the people who necd this arc policcmen, bank tcllers, teachcrs, highly cducated, well trained people who can't afford to buy a home because ofthe inflated prices and low wages. A lot of these people were born and raised here and can't afford to live here. Mr. Luwe noted that zoning and legal will work together to draft this. Mr. Epple noted if there is no furthcr participation from the public, and it's a question of drafting and moving it through, it will take 2-3 months. Mayor Krauss suggested to put this in the pipeline and get it done by July 15 or whatever that date should be. Mr. Epple noted that this will become an ordinance, and then we will have hearings and things will get modified, but not dramatically. At some point through the ordinance process if you don't like what you're seeing, you can pull the plug. 05-01-2006 . . Page 11 2. Whitefish ac:enda discussion Mr. Kukulski noted that we need feedback on what items we should discuss there. Responding to Mayor Krauss, Mr. Kukulski noted we could have a little time for non-planned discussion. 3. Discussion - FYI Items l. Cr. Rupp noted that he signed an application for the transit on Friday. One requesting that $900,000 in operating expenses and a bit ovcr a million in capital expcnses. Hc noted that puts us at about 98% of where the consultants said without any taxes. Remains concerned that we'll get our busses by August 1. (2) Historic Preservation Days is coming up beginning Tuesday May 9th. 2. Cr. Becker noted he will not be able to attend the Criminal Justice Coordinating Committee on Wednesday, May yd, and asked if someone could go in his stead. He noted that he will also miss the zoning hearing. 3. Cr. Kirchhoff asked if we could keep the first hour of the Commission Meeting to policy discussions. Mayor Krauss suggested that if we want to have a significant discussion item, we need to announce it to the public. 4. Mayor Krauss noted that MPPI should be on the agenda for discussion next week. (2) He also went to the TCC meeting and noted that there isn't a trails advocate from the Bozeman Area. Responding to the Mayor, Ms. Arkell noted the current Transportation Plan does include trails. 5. Epple noted the 2020 Plan update and that the funding will be over $250,000 for a rewrite vs. under $100,000, for an update. Mayor Krauss suggested we could hear the report next week. 6. Ms. Arkell stated that the new Solid Waste Superintendent, Steve Johnson, started today. Next week the consulting engineers will be here for the WWTP facilities plan, including collections, and the public hearing will be two weeks later. 7. Mr. Kukulski noted that we have a problem with a piece of right of way on Durston. Adjournment. 11:00 p.m. There being no further business to come before the Commission at this time, Mayor Krauss adjourned the meeting. 05~01-2006 . , Page 12 ((k---- ATTEST: !)$U Devin M. Harbour, Acting City Clerk Approved May 15,2006 05-01-2006