HomeMy WebLinkAbout2006-07-31 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
July 31,2006
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The Commission of the City of Bozeman met in the Community Room, Gallatm County
Courthouse, 311 West Main Street, on Monday, July 31,2006, at 6:00 p.m. Present were
Mayor Jeff Kraus~, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Kaaren Jacohson, Cr. Steve
Kirchhoff, City Manager Chris Kukulski, Director of Public Service Debra Arkell,
Planning Director Andy Epple, City Attorney Paul City Attorney Luwe, and City Clerk
Brit Fontenot.
0:03:07 [18:01:35] A. Call to Order
At 6p.m. Mayor Krauss called the meeting to order.
0:03: 10 [18:01:41] B. Pledge of Allegiance and Moment of' Silence
0:03:53 [18:02:43] Changes to the Agenda and update on testing of new meeting mmutes
style
City Manager Chris Kukulski advised the Commi~sion that there will be change::. to the
order of Items on the agenda. Additionally, He stated that staff continues testing of new
minutes software and requested feedback from the Commission.
0:05:57 [22:24: 1 R] C. Public Service Announcements
0:06:04 [22.06:22] PSA - WWTP - Tom Adams
Tom Adams, City of Bozeman Wastewater Treatment Plant Superintendent, announced
that the City Waste Water Treatment Plant is undergoing cleaning operations which may
generate higher than normal odor levels.
0:07:29 [22:25.06] PSA - WIldfires update - Ron Brey
Ron Brey, Assistant City Manager provided an update on area wildfires and informed the
public of closures.
0: 10: 11 [18:04:35] E. Minutes - July 24, 2006
Outstanding: June 12, July 10, and July 17,2006
0: 10: 19 [22:02:52] Motion and Vote
It was moved bv Cr. Becker, seconded by Cr. Rupp to approve the minutes of the
meetimz on Julv 24th as submitted.
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Those voting Aye being Crs. Beeker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried.
0:10:34 [18:06:01] F. Consent Items
1. Authorize payment of claims (LaMeres)
2. Approve Northwestern Energy easement request (Kerr)
3. Authorize the Durston Road 7th to 19th Professional Services Agreement,
Amendment No.3 (Murray)
4. Approve Resolution 3934, resolution of intent to Annex eontiguous tracts of land
lying at approximately 255 Moss Bridge Road and lying northwest of the intersection of
Moss Bridge Road and Springhill Road (Saunders)
5. Ratify City Manager's signature on Public Access Easement from Mill District
Silos, LLC to City of Bozeman for 20-foot alley easement in Block 107 of Northern
Pacific Addition. (Johnson)
6. Ratify City Manager's signature on Public Access Easement from Blackleaf
Group, LLC to City of Bozeman for access and utility easement for condominium
development, Tract 1, COS No. 985 (Johnson)
7. Ratify City Manager's signature on Public Street and Utility Easement from
Blackleaf Group, LLC to City of Bozeman for Cottonwood Road (Johnson)
8. Ratify City Manager's signature on Public Street and Utility Easement from
Blackleaf Group, LLC to City of Bozeman for Bembrick Street and Eneboe A venue
(Johnson)
9. Ratify City Manager's signature on Public Street and Utility Easement from
Blackleaf Group, LLC to City of Bozeman for Durston Road (Johnson)
0: 10:53 [18:08:49J Motion and Vote
It was moved bv Cr. Rupp. seconded by Cr. Kirchhoff, to approve the consent items
1 - 9 as listed above.
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker and Mayor Krauss.
Those voting No being none.
The motion carried.
0: 11: 12 [18:09:21J G. Public Comment
This is the time for individuals to comment on matters falling within the purview of the
Bozeman City Commission. There will also be an opportunity in conjunction with each
agenda item for comments pertaining to that item. Please limit your comments to 3
minutes.
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0: 11 :50 [18:09:23] Public Comment - Anders Lewendal
Anders Lewendal resides at 4020 Graf Street.
0:14:30 [ 1 Public Comment - Jeff Buchowiski
Jeff Buchowiski resides at 310 North Plum Ave.
0: 18:03 [18:09:29] Public Comment - Jessie Nelson
Jessic Nelson resides at 39 Trails End Road.
0:21: 17 [18:09:57] H. Action Items - Board Appointments
1.Commission to appoint members to the Northeast Urban Renewal Board, deferred from
July 24th (Brcy)
2. Commission to appoint members Design Review Board, deferred from July 24th
(Fontenot)
3. Commission to appoint members to thc Community Affordable Housing Advisory
Board (CAHAB), deferred from July 24th (Fontcnot)
4. Commission to appoint members Library Board of Trustees, deferred from July 24th
(Fontenot)
5. Commission to appoint members Downtown Bozeman Improvement District Board
(TDB), deferred from July 24th (Fontenot)
6. Commission to appoint members Tree Advisory Board, deferred from July 24th
(Fontenot)
7. Commission to appoint members Beautification Advisory Board, deferred from July
24th (Fontenot)
8. Update of Mandeville Farms Business Park (Nelson, ThinkTank Design)
9. Workforce housing - UDO amendment. (Saunders)
0:21:30 [18:10:15] 1. Commission to appoint members to the Northeast Urban
Renewal Board, deferred from July 24th (Brey)
0:24:21 [18:12:51] Motion and Vote
It was moved bv Cr. Kirchhoff, seconded by Cr. Becker, to appoint Jim BrowniDlZ
and Erik R. Nelson as business owners from within the district, Jeanne WesleYR
Wiese as a resident of the district and Thomas Noble and Marcia Kaveny as
members-at-Iaree to the Northeast Urban Renewal Board.
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp and Mayor Krauss.
Those voting No being none.
The motion carried.
*The terms of' the newly appointed members should be determined by volunteerism
by the appointees.
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0:26:24 [18:13:1512. Commission to appoint members Design Review Board,
deferred from July 24th (Fontenot)
0:27:40 [18: 16:43] Motion and Vote
It was moved by Cr. Kirchhoff', seconded by Cr. Becker, to appoint Elissa Ann
Zavora (landscape architect), Joe Batcheller (non-professional) and Sharyn Sears
(non-professional) to the Design Review Board.
Those voting Aye being Crs. Kirchhoff, Becker, Rupp, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried.
0:28:43 [18:20:05] 3. Commission to appoint members to the Community Affordable
Housing Advisory Board (CAHAB), deferred from July 24th (Fontenot)
0:29:58 [18:20:27] Motion and Vote
It was moved by Cr. Jacobson, seconded by Cr. Becker, to appoint Vern
Kline:ensmith (Real Estate Sales), Jan Bere:man (Real Estate Financier) and Marcia
Youne:man (Interested Citizen) Cr. Jacobson noted that there will be other
vacancies on the Community Affordable Housing Advisory Board (CAHAB) in the
future.
Those voting Aye being Crs. Jacobson, Becker, Rupp and Kirchhoff.
Those voting No being Mayor Krauss.
The motion carried.
0:30:56 [18:21:15] 4. Commission to appoint members Library Board of Trustees,
deferred from July 24th (Fontenot)
0:31 :27 [18:25:37] Motion and Vote
It was moved by Cr. Rupp. seconded bv Cr. Kirchhoff, to re-appoint Ron Farmer as
a member of the Library Board of Trustees.
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker and Mayor Krauss.
Those voting No being none.
The motion carried.
0:31:44 [18:25:41] 5. Commission to appoint members Downtown Bozeman
Improvement District Board (IDB), deferred from July 24th (Fontenot)
0:31:51 [18:27:49] Appointments deferred by Cr. Jacobson
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Cr. Jacobson requested at least a one week delay in the appointments to the
Downtown Bozeman Improvement District Board (IDB). The Commission al!reed
to the deferment.
0:32:50 [18:27:531 6. Commission to appoint members Tree Advisory Board, deferred
from July 24th (Fontenot)
0:33:00 [18:30:18J Motion and Vote
It was moved by Cr. Kirchhoff. seconded by Cr. Rupp, to appoint Shelly EnlZler and
Liz Galli-Noble as members of the Tree Advisory Board.
Those voting Aye being Crs. Kirchhoff, Rupp, Jacobson, Becker and Mayor Krauss.
Those voting No being none.
The motion carried.
0:33:24 [18:30:31] 7. Commission to appoint members Beautification Advisory
Board, deferred from July 24th (Fontcnot)
0:33:34 [18:31:01] Motion and Vote
It was moved by Cr. Kirchhoff, seconded by Cr. Rupp. to appoint Charlotte
Kni2hton, Bonnie Martin and .Joe Batcheller to the Beautification Advisory Board.
Those voting Aye being Crs. Kirchhoff, Rupp, Jacobson, Becker and Mayor Krauss.
Thosc voting No being none.
The motion carried.
0:33:52 [18:31:05] 8. Commission to appoint non-voting members to the Northeast
Urban Renewal Board, deferred from July 24th (Brey)
0:34:50 [18:32:001 Motion and Vote
It was moved by Cr. Kirchhoff, seconded by Cr. Rupp to appoint Terry Giovanini.
Lisa Danzl-Scott, Robert DoulZherty and Nelle Thompson as non-votin2 members to
the the Northeast Urban Renewal Board.
Those voting Ayc bcing Crs. Kirchhoff, Rupp, Jacobson, Becker and Mayor Krauss.
Those voting No being none.
The motion carried.
0:35:20 [21 :51 :30] NURB Voting Members - Terms of Appointments
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It was determined by the Commission that the terms of the newly appointed
members. which are sta2l?:ered 4 year terms. should be determined by appointee
volunteerism.
0:36:31 [18:32:07] 9. Update of Mandeville }'arms Industrial Park
Erik Nelson of ThinkTank Design provided an update of Mandeville Farms Industrial
Park to the Commission.
0:48:01 r 18:32:41] Questions for Erik Nclson
Mr. Nelson took questions from the Commission.
1:02:43 [18:32:44] Public Comment
1 :02:51 [22:00: 12] Public Comment - Mary Vant Hull
Mary Vant Hull resides at 416 East Story.
1 :05:00 r 18:33:28] Public Commcnt - David Smith
David Smith, CEO, Bozeman Chamber of Commerce.
1 :05:33 r 18:33:421 Motion and Vote
It was moved by Cr. Kirchhoff. seconded by Cr. Becker to follow throul?:h with Erik
Nelson's directives included at the end of his presentation. These include
proceedinl?: with subdivision p)anninl?: and plattinl?: (preparinl?: RFP for services).
desil?:nate industrial TIF (delineate boundry and draft ordinance), secure end users
and s~tles (establish development al?:reements) and proceed with infrastructure when
appropriate.
Those voting Aye being Crs. Kirchhoff, Becker, Rupp, Jacobson and Mayor Krauss.
Thosc voting No being none.
The motion carried.
1:09:16 [18:35:46] 10. Workf'orce housing - uno amendment (Saunders)
1:09:46 [18:47:33] Staff Report - Chris Saunders
Assistant Planning Director Chris Saunders prescntcd the staff report.
1: 15: 12 [19:02:34] Questions for Staff/Discussion
Assistant Planning Director Saunders answered questions from the Commission.
1:25:54[19:04:41] Public Comment
1 :27: 17 [21 :42:48] Public Comment - Les Scheidt
Les Scheidt resides at 706 Hunters Way.
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1 :30:29 [19:05:23] Public Comment - Bob Chase
Bob Chase resides at 433 South Black A vcnue.
1 :37:28 [19:09:09] Public Comment - David Smith
David Smith, CEO, Bozeman Area Chambcr of Commerce
1 :40:42 [19:09: 141 Public Comment - Mary Jacobs
Mary Jacobs resides at 2103 Star Ridge Road.
1 :42:41 [19: 15: IOJ Public Comment - Jennifer Olson
Jennifer Olson resides at 4630 Clearview Road.
1:44:30 [19:18:53] Public Comment - Mikc Jarrett
Mike Jarrett resides at 845 West Arnold Street
1 :45:49 [19:26:461 Public Comment - Karen Lindell
Karen Lindell resides at 416 East Aspen.
1 :49: 16 [19:30:37] Public Comment - Don Lint
Don Lint residcs at 406 Princeton.
1 :50:24 [19:37:54] Public Comment - Rick Klein
Rick Klein resides in Bozeman.
1:51:39 [19:41:24] Public Comment ~ Mary Vant Hull
Mary Vant Hull residcs at 416 East Storey.
1:52:20 [19:43:14J Public Comment - Brian Caldwell
Brian Caldwell resides at 733 South Tracy.
1:55:30 [19:45:03] Public Comment - Chris Budeski
Chris Budeski resides at 315 Shcridan Ave.
1:58:47 [19:46:28] Public Comment - Chuck Hinesley
Chuck Hinesley rcsides at 3663 Durston Road.
2:03: 16 [19:49:57] Public Comment - Connie Garrett
Gonnie Garrett resides at 414 North Plum.
2:04:01 1I 9:51:081 Public Comment - Paul Busey
Paul Busey 5560 Violet Road (outside of the city limits)
2:06: 18 r 19:52:26] Discussion
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The City Commission discussed the issue of the Workforce housing - UDO amendment
and the creation of an Tnclusionary Zoning Task Force.
2:27:37 [ 1 Motions and Votes to have staff pursue Planning Board and Zoning
Commission recommended revisions 5(a) - 50) (Commission Memo, pgs. 1 - 2)
Motions and votes were taken directing staff to purse, not pursue and/or pursue with
modifications the Planning Board and Zoning Commission recommendations outlined in
the staff rep0l1.
2:28:30 [ ] Motion and Yote to pursue recommended revision 5(a) reducing
percentage of required cost limited units from 25% to 10%.
It was moved by Cr. Jacobson. seconded by Cr. Kirchhoff, to pursue recommended
revision 5(a) reducine percenta!!e of re(Juired cost limited units f'rom 25% to 10%.
Those voting Aye being Crs. Jacobson, Kirchhoff, Becker and Rupp.
Those voting No being Mayor Krauss.
The motion carried.
2:31 :51 [ ] Motion and vote to direct staff to pursue recommendation 5(b) raising the
threshhold of participation from 5 dwellings to 10 dwellings.
It was moved bv Cr. Kirchhoff, seconded bv Cr. J.lcobson. to direct staff to pursue
the PlanniDlZ Board and Zonin!! Commission recommendation 5(b) raisin!! the
threshhold of participation from 5 dwellin!!s to 10 dwellines.
Those voting Ayc bcing Crs. Kirchhoff and Becker
Those voting No being Crs. Jacobson, Rupp and Mayor Krauss.
The motion failed.
2:37:48 [ ] Motion and vote to pursue Planning Board and Zoning Commission
recommendation 5( c) provisioning for sustaincd affordability to allow full recovery of
appreciation for that p0l1ion of the home which the person has individually paid for and
recoupment of the subsidized portion back into the workforce housing program
No vote was taken on Recommendation 5(c) provisionin!! for sustained afford ability
to allow full recovery of appreciation for that portion of the home which the person
has individually paid for and recoupment of the subsidized portion back into the
workforce housine proeram.
2:45:39 [ ] Motion and vote to Motion and vote to pursue Planning Board and
Zoning Commission recommendation 5 (d) through 5 (j)
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It was moved by Cr. Rupp, seconded by Cr. Kirchhoff to pursue Planninu Board
and Zoninu Commission recommendation 5 (d) throuuh 5 (n.
2:46: 10 [ ] Break
Mayor Krauss called for a five minute break.
2:56:49 [ 1 Motion on the floor to pursuc Planning Board and Zoning Commission
recommendation 5 (d) through 5 (j).
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff to pursue Planninu Board
and Zoninu Commission recommendations 5 (d) through 5 (n.
It was moved by Cr. Rupp. seconded by Cr. Kirchhoff to amend the previous
motion to pursue PlanniDl! Board and Zoning Commission recommendations 5 (d)
thnml!h 5(e) and 5(g) throuuh 5 (n. excluding 5(0 which would be reviewed further
by the Commission.
Thosc voting Aye being Crs. Rupp, Kirchhoff, Jacohson.
Those voting No bcing Cr. Becker and Mayor Krauss.
The motion carried.
3: 19:34 [ 1 Motion and vote to extend the affordahility status term of thc housing
units from 10 years to 30 years.
It was moved by Cr. Jacobson, seconded by Cr. Rupp to extend the affordability
status term of the housinl! units from 10 years to 30 years.
Those voting Aye being Crs. Jacobson, Rupp, Kirchhoff and Bccker.
Those Voting No being Mayor Krauss.
The motion carried.
3:22:54 [ J Motion and vote to increase the cap on the appreciation rate from 3% to
4.5% per annum.
It was moved by Cr. Becker. seconded by Cr. Rupp, to increase the cap on the
appreciation rate f'rom 3% to 4.5% per annum.
Those voting Aye being Crs. Becker, Rupp, Jacobson and Kirchhoff.
Those Voting No bcing Mayor Krauss.
The motion carried.
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3:30:55 [ J Motion and vote to direct staff, with the advisory board, to research the
ability to bank housing units.
It was moved by Cr. Becker. seconded by Cr. Rupp to direct staff, with the advisory
board, to research the abilitv to bank housine units.
Those voting Aye being Crs. Becker, Rupp and Kirchhoff.
Those voting No being Mayor Krauss.
Abstentions, Cr. Jacobson.
The motion carried.
3:32:49 [19:53:06] Motion and Vote to create an Inclusionary Housing Ordinance Task
Force
It was moved by Cr. Jacobson. seconded by Cr. Becker, to appoint an Inclusionary
Housine Ordinance Task Force accordine to the f'ollowine euidelines:
1) The purpose of the Task }'orce is to review. analyze. and sU2:eest improvements
to the Inclusionary Housine Ordinance as recommended by the City Commission
f'ollowine the public hearin2: on the proposed ordinance on Aueust 7, 2006. Thus, the
Task "Force will have the benefit of the public's input reeardine the proposed
ordinance. It will not be the intent of' the Task I-i'orce to propose alternatives to
Inclusionary Zonine.
2) The Task Force will be professionally facilitated by staff from Collaborative
Solutions. The purpose of the facilitation is to assist the Task Force in establishine
l!round rules f'or behavior, and procedures and processes for the appropriate
conduct of' the meetines.
3) City staff liaison for the purposes of technical assistance, or to provide other
information pertinent to the city, will be appointed by the City Manaeer.
4) The Task Force will contain 10 members from amone the followine eroups:
a) Developer/Builder
b) Business Person
c) Realtor
d) Chamber of Commerce
e) CAHAB
f) Habitat for Humanity
2) MSU
h) School District Teacher
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i) Citizen at Laree
j) Lender
5) The City Commission will appoint the task force members at the Auellst 7
commission meetine. Persons interested in joinine the Task }'orce should contact
one of the city commissioners or the City Clerk, Brit Fontenot, no later than
Wednesday, Aueust 2 at 5 pm.
6) The Task Force will complete its work within six weeks of its first meetine which
will occur durine the week of Aueust 14th, if possible. Meetine times will he worked
out by Task Force members.
Those voting Aye being Crs. Jacobson, Becker, Rupp and Kirchhoff.
Those voting No being Mayor Krauss.
The motion carried.
3:39:03[19:56:131 I. Non-Action Items
3:39:31 [19:59:37] 1. Update on non-conforming single family dwelling zoning
code enforcement (Hasler)
3:39:39 [20:04: 14] Staff Report - Andy Epple
Planning Director Andy Epple presented an update on code enforccment action at 1805
South Willson.
3:48: 14 [20:05:02] Questions for Staff - Code Enforcement Officer Vicki Hasler
Cr. Rupp asked various questions and requested clarifications related to code
enforcement at the residence 1805 South Willson.
3:57:34 [20:07:22] Motion and Vote ~ to extend the meeting
It was moved by Cr. Kirchhoff, seconded by Cr. Rupp, to extend the meetinlZ past
10:00 pm.
Those Voting Aye being Crs. Kirchhoff, Rupp and Becker.
Those voting No being Cr. Jacobson and Mayor Krauss.
The motion carried.
3:58: 13 [ ] Qucstions for Staff - continued
Code Enforcement Officer Hassler continued to answer questions from the Commission.
4:02:56 [20:30:26] 2. FYIIDiscussion
4:03:26 [21:42:09] FYI - Chris Kukulski
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4:04:44 [
4:05:55 [
4:06:25 [
4:06:30 [
4:09: 16 [
4:14:06 [
4:20:30 [
] FYI - Ron Brey
] FYI - Andy Epple
] FYI - Sean Becker
] Discussion - Kaaren Jacobson
] FYI - Steve Kirchhoff
] FYI - Jeff Krauss
] J. Adjournment
At 10:25 p.m., Mayor Krauss adjourned the meeting.
ATTEST:
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PREPARED BY:
Brit Fontenot, City Cler
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Approved -411/4,2006