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HomeMy WebLinkAbout2000-10-09 Minutes, City Commission, work -- -..--- -. - .--..-.-..----..-- ..-'- MINUTES OF THE COMMISSION MEETING/WORK SESSION . OF THE CITY COMMISSION BOZEMAN, MONTANA October 9, 2000 ***************************** The Commission of the City of Bozeman met in regular session and work session in the Commission Room, Municipal Building, on Monday, October 9, 2000, at 3:00 pm. Present were Commissioner Brown, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe, and Deputy Clerk of the Commission DeLathower. Mayor Youngman and Commissioner Frost were absent. The meeting was opened with the call to order, Pledge of Allegiance and a moment of silence. Authorize absences of Mayor Younaman and Commissioner Frost from this meetina, in comDliance with Section 7-3-4322(2), M.C.A. It was moved by Commissioner Brown, seconded by Commissioner Smiley, that the absences of Mayor Youngman and Commissioner Frost from this meeting, in compliance with Section 7-3- 4322(2), Montana Code Annotated, be authorized. The motion carried by the following Aye and No . vote: those voting Aye being Commissioner Brown, Commissioner Smiley, and Commissioner Kirchhoff; those voting No, none. Selection of Temcorary Chair In light of the fact that both the Mayor and the Mayor Tempore are absent from this meeting, it was moved by Commissioner Smiley, seconded by Commissioner Brown, that Commissioner Kirchhoff be selected as the Temporary Chair for this meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Brown, and Commissioner Kirchhoff. Those voting No, none. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Award bid for one new b iosolids iniector vehicle for the Wastewater Treatment Plant ~ Aa Chern Eauicment Co.. Minnetonka. Minnesota - in the bid amount of $195,790.00 Confirm Mayor's aDDointment of Mark Haaaerty as the County reDresentatiye on the City Plannina Board . Claims ----.-.. - 2 - It was moved by Commissioner Brown, seconded by Commissioner Smiley, 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 Smiley, and Commissioner Kirchhoff; those voting No, none. Work Session - (A) Prooosed Commission Resolution No. 3406 - orovidina for the certificate establishing the Dlan of aovernment with self-aovernment Dowers - Assistant City Manaaer Brey (A) Proposed Commission Resolution No. 3406 - providing for the certificate establishing the plan of government with self-government powers - Assistant City Manager Brey Included in the Commissioners' packets is a copy of the proposed Commission Resolution No. 3406. Assistant City Manager Brey reviewed the history of this resolution, outlining the sub-options. He noted there are three ways to bring about a change in the form of government: 1) study commission; 2) petition; 3) ordinance, and the Commission has already adopted an ordinance. Now the Commission should adopt a resolution providing for the certificate establishing the form of government proposed. Mr. Brey noted the certificate the Commissioners have before them today needs to be revised prior to adoption. Section 7-3-114 should be deleted, except for the last sentence of subsection 2, which should be changed to read, "These sections establish the following form of government which shall be called a COMMISSION-MANAGER FORM." The rest of the certificate will remain as written and will be available to anyone who would like a copy. . Continued oublic hearina . Ordinance No. - interim emeraency ordinance orovidina for a six- month moratorium on submission and aooroval of all Dermits for any alteration to or chanae in use of any existina residential buildina or develooment which has effect of disolacina existina low or moderate cost housina This was the time and place set for the continued public hearing on the proposed Ordinance No. _, as approved by the City Attorney, entitled: ORDINANCE NO. AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR A SIX-MONTH MORATORIUM ON SUBMISSION AND APPROVAL OF ALL PERMITS FOR ANY DEVELOPMENT WHICH HAS THE EFFECT OF DISPLACING OR ELIMINATING LOW AND MODERATE COST MULTIPLE-DWELLING RESIDENTIAL USES WITHIN THE CITY LIMITS, DUE TO THE PROLIFERATION OF PERMIT APPLICATIONS FOR SUCH DEVELOPMENTS UNDER ZONING PROVISIONS DEEMED INADEQUATE FOR ADDRESSING PROTECTION AND PRESERVATION OF EXISTING LOW TO MODERATE COST HOUSING. Temporary Chair Kirchhoff reopened the continued public hearing. Tom Stonecipher, attorney representing David Cecich, said he was here to speak about the . availability of relocation funds for those remaining in the building. He noted these people are eligible for displacement payments under the current proposal. He then presented a history of that proposal, stating - 3 - the developer has agreed to give money to the Human Resource Development Council (HRDC) for . distribution to aid in the relocation of the tenants. Those who have relocated have already been paid that money, and it is the core group still remaining that has sparked the current concern. Mr. Stonecipher wanted to make it clear that the proposal that was made to Mayor Youngman, for this new offer of money, is available only to those tenants who have not had any money paid on their behalf by HRDC. There have been some suggestions that those who have already found housing are now attempting to reject their previous payments in order to take advantage of this last-minute offer. Mr. Stonecipher offered to answer any questions the Commissioners may have. Commissioner Smiley asked how many tenants are left. Mr. Stonecipher replied there are ten residents left who would be affected by this proposal. Commissioner Kirchhoff asked Teri Eastman, resident, if that is her understanding of this agreement. Ms. Eastman replied it is, although the tenants were not allowed to attend that meeting. Historic Preservation Officer Strahn was in attendance at that meeting, and he confirmed that arrangement had been offered. Buck Bucholz, 440 East Main and one of the remaining tenants, stated he is wondering about the others who have relocated; noting they took the money and ran because they were scared. They are going to hit hard times, and he would like to see something done for those people. Mr. Bucholz asked the Commission to please help them as well. Commissioner Kirchhoff noted there are three options: 1) move ahead with the interim ordinance; 2) not move ahead; 3) move ahead with the ordinance and exempt Jacob's Crossing from . inclusion. Commissioner Smiley stated she is in favor of the third option; moving ahead and exempting Jacob's Crossing. City Attorney Luwe pointed out the ordinance currently before the Commission has two provisions they should be made aware of. The first one is the application to multi-dwelling residential uses, and the second is that Jacob's Crossing would not be affected because they have filed application prior to this ordinance being introduced. Commissioner Brown mentioned the Commission had discussed excluding buildings housing six units or fewer. Staff Attorney Cooper distributed copies of a revised draft of Ordinance 1527, noting this was not included in the Commissioner packets because this public hearing is on the ordinance as advertised. If the Commission desires to pass an interim ordinance which includes the direction forwarded during the previous work session, this revised draft ordinance would be the appropriate one. If the Commission desires to have this ordinance apply to buildings housing six units or greater, that will need to be made more specific. Commissioner Kirchhoff asked if mobile home parks are captured in this ordinance. Staff Attorney Cooper responded if there is a proposal before Planning staff that would eliminate or displace a mobile home park, then yes, it would be subject to this moratorium. Commissioner Kirchhoff said the Commission is looking for a way to preserve low- or moderate-cost housing, which is found in several different locations; but they don't want to eliminate the possibility of an owner who wants to convert a tri-plex into a single.family unit being able to do so. They also don't want a trailer park to be able to be demolished. . - 4 - City Attorney Luwe added this revised draft ordinance does not prohibit the demolition of single- . family residences, which would apply to a mobile home park. If the Commission wants that to be included, Staff Attorney Cooper will have to make some changes to this draft distributed today. The original draft ordinance would cover all uses. Commissioner Kirchhoff asked if it would be easier to revisit the previous draft and make changes to it, rather than to adopt this one. Staff Attorney Cooper clarified the Commission is acting on the original draft ordinance with whatever changes it thinks are necessary. The Commissioners need to further refine the definition of what they want included. Commissioner Smiley suggested just adding "mobile home park" into the original draft. Commissioner Kirchhoff asked if the Commissioners could define the uses to be included by listing them. Commissioner Brown posed specifying any development of more than six living units, stating the Commission needs to be clear on exactly what they want to be included. He also stated his agreement to exempt Jacob's Crossing from this moratorium. Commissioner Smiley said the language needs to be made more clear regarding what multiple dwelling uses are. Staff Attorney Cooper replied the wording is defined in the zone code. City Attorney Luwe suggested changing the wording to mobile home parks and apartments, which would be defined as five or more families living in the same building. Commissioner Brown then inquired as to the definition of mobile home park. Director of Public Service Arkell answered two or more mobile homes define a mobile home park. Commissioner Kirchhoff then asked for clarification if a mobile home park could be demolished in phases. City Attorney Luwe responded it could be demolished one mobile home at a time. Commissioner Brown then asked if there would be a review process required before the demolition. City Attorney Luwe answered the Commissioners are asking questions that staff is not prepared to answer . at this time. Commissioner Brown pointed out that if mobile homes are moved out of the park, that isn't considered demolition. Commissioner Smiley noted that some parks are now requiring older homes to be moved out, but the owners cannot find anywhere to put them. There are no parks willing to accept older homes. She continued, saying this community has waited five years for the building industry to figure out some way to come through with low-incoming housing, and it hasn't happened. This housing is needed desperately, so she has to support this. This has been a problem for many years in this community, and something needs to be done. Commissioner Brown stated the Commission wanted some threshold value, and there seems to be more enforcement with this modification. He will support this ordinance as long as it doesn't affect Jacob's Crossing, and the residents of the current building are being taken care of. Commissioner Kirchhoff asked if the applicants have the level of assurance they want. Mr. Stonecipher replied he has the utmost confidence in City Attorney Luwe, but he does ask that the ordinance be amended to exclude Jacob's Crossing so that nothing can be misinterpreted in the future. Commissioner Brown asked if adding "for any new applications" would be acceptable; and Mr. Stonecipher replied, "Yes". Teri Eastman, 440 East Main, said the tenants would like to hear what the terms of the agreement with the developer are since they haven't seen that agreement yet; and they are supposed to sign a waiver saying the tenants cannot take further action against the developer. The tenants would like to hear what the developer is offering. . Mr. Stonecipher noted there have been two drafts of an agreement go forward and it is close to being finalized. He offered to summarize that agreement for the tenants. If the ordinance is amended --.--.-.----...- - _.__u .__._.____ __.. _ __.__ - 5 - as suggested by the Commission today, and if the Certificate of Appropriateness (COA) is issued for . demolition before October 12, and if the tenants sign the agreement Staff Attorney Cooper and Mr. Stonecipher have worked out and deliver it to HRDC offices before October 12, and if the tenants vacate on or before October 31, the tenants will receive a payment of $2,200 in one sum, a direct payment. The developer is working with the City through HRDC to coordinate those payments. Included in the agreement itself is a general release between the tenant and the developer and the developer and the tenant. This is a 2.5-page agreement with a sample document attached for the tenants to view. Commissioner Kirchhoff asked if the COA will be done by October 12th. Historic Preservation Officer Strahn replied yes, with the condition that the building will be vacated by November 1 and the City has assurances that all outstanding claims with regard to tenancy have been resolved. Those will be conditions of the COA. Mr. Strahn will wait until November 1 to sign the demolition permit with the understanding that those provisions have been met. Mark Evans, representing SWMBIA, stated the one thing that bothers him is there is no longer an emergency. He said he met with the Mayor last week, and she stated the only reason to go forward with this ordinance was the Jacob's Crossing project. She said there were no other projects being proposed that would eliminate low- to moderate-cost housing. Mr. Evans asked why the Commission is moving forward with this when there is no emergency unless the Commission knows of other proposed projects. City Attorney Luwe responded there is no requirement for an emergency to exist to pass this ordinance. Buck Bucholz stated he has talked to a property management person in the Livingston area; and they told him there is a small trailer court in Bozeman that is being sold, the one by County Market, so people are going to go through this thing all again. There won't be any low- to moderate-income . housing in this area, and there won't be any for quite some time. Andy Jackson, 11 27th, Belgrade and a remodeling contractor, stated he doesn't want to see the Commission pass this ordinance because it will not lower the cost of housing in Bozeman, rather it will increase it because when housing is delayed the costs are increased. He said that, in his opinion, this is actually a no-growth ordinance which can be used to stop all growth depending on the political environment. Growth should not be in the hands of the Commission. Citizens have the right to build and own homes as a part of the American dream. Mr. Jackson suggested the Commission would be well advised to speak to the experts on this subject, like HUD or the National Association of Home Builders regarding building efficiently. If the Commission would take on the philosophy of helping developers to speedily get units onto the market in order to increase the market, rental costs and prices would be lower. He advanced it is a misconception that developers and builders make all kinds of money; the average margin is 7 percent, which Mr. Jackson characterized as not that great. He continued, saying he would encourage the Commissioners to support grants for low-income housing, as well as asking the people of Bozeman if they would be willing to tax themselves to provide low- to moderate-cost housing. Mr. Jackson noted there are market forces in play here that are not within anyone's power; this community cannot have low cost housing via fiat. More government regulation will result in higher costs for housing. Mr. Jackson closed by stating his appreciation for the Commissioners' concern for those who are low- to moderate-income and pledging the Building Association will help in any way it can. Commissioner Kirchhoff said he is convinced this measure is necessary because of what the Commission has heard from developers regarding the value of property and the appeal of new development. He stated he doesn't know of any other specific proposal to reduce affordable housing . at this time. -----.-....-..-- -.- - 6 - Commissioner Brown agreed the Commission doesn't know what proposals are coming forward . in the future; but it is conceivable if people know this ordinance is in the works, they might want to get rid of low-cost housing in a big hurry. That is the reason why he believes adopting this ordinance is appropriate. Commissioner Smiley stated her agreement with Mr. Evans and Mr. Jackson; however, she said she knows there is a tendency for current affordable housing to just go away. The builders can't take care of the problem; they haven't and they won't. They build what the landowners want to have built. She continued, saying those individuals who make under $10 an hour are in trouble, and that is why she supports this. Laura Ferraro, no address given, stated she has lived in a trailer court, but now a poorly maintained trailer rents for $400 per month plus the utilities; and low- to moderate-income individuals cannot afford to live in those. The $200 to $300 per month rentals do not exist in this community. She characterized the Commission's desire to extend help to these individuals as admirable. Since there were no Commissioner objections, Commissioner Kirchhoff closed the public hearing. Commissioner Kirchhoff noted the Commission has heard good testimony from builders that could encourage moderate and affordable housing. He asked if these ideas could be folded into the interim ordinance research. City Attorney Luwe responded it is a Planning Department task to bring back an ordinance that would cover those issues, and he suggested having the builders get involved with the Planning Department. . Commissioner Smiley stated she would love to volunteer to organize some community task force meetings to help with some of these things rather than put them on the Planning Department completely. Commissioner Kirchhoff noted this could be the topic for a future work session item. It was moved by Commissioner Smiley, seconded by Commissioner Brown, to adopt Ordinance No. 1527, deleting the word "emergency" from the title and the preamble; deleting the last "Whereas", which states "in addition, Section 7-3-4326, Montana Code Annotated, allows for adoption of an emergency ordinance for the immediate preservation of public peace, property, health or safety"; substituting the phrase "mobile home park, apartment, or five or more mobile homes within a mobile home park" for the current phrase "multiple dwelling residential uses" in the title and preamble; and adding the phrase "this ordinance shall not apply to permits already applied for on or before the date of this ordinance". The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Brown, and Commissioner Kirchhoff; those voting No, none. Break 4:03 Dm Temporary Chair Kirchhoff declared a break from 4:03 pm until 4: 12 pm in accordance with Commission policy. Discussion - FYI Items . City Manager Johnson presented to the Commission the following "For Your Information" items. - 7 - (1 ) Newsletter from Headwaters Recycling, announcing that the next meeting will be held . on October 11 in Three Forks. (2) Copy of the proposed right-of-way ordinance for the City of Billings, dated October 2000. (3) Minutes of the Bozeman Area Bicycle Advisory Board meeting held on September 26, 2000. (4) Agenda for the School District Board of Trustees meeting to be held at 7:00 pm on Monday, October 9. (5) Agenda for the Development Review Committee meeting to be held at 10:00 am on Tuesday, October 10, at the Professional Building. (6) Agenda for the Design Review Board meeting to be held at 3:30 pm on Tuesday, October 1 0, at the Professional Building. (7) Agenda for the County Commission meeting to be held at 9:00 am on Tuesday, October 10, at the Courthouse. (8) Agenda for the County Planning Board meeting to be held at 7:00 pm on Tuesday, October 10, at the Courthouse. . City Manager Johnson presented the following FYI items: 1) Staff will be going to the Montana League of Cities and Towns convention the latter part of this week, and he will be leaving Wednesday afternoon and returning Friday morning. 2) He will be attending the County Commission meeting Tuesday morning for their consideration of increasing the 9-1-1 funding. 3) Copy of the proposed right- of-way ordinance was included in the Commissioners' packets. Commissioner Brown asked if there would be any danger including fiber optic cables. City Manager Johnson replied he learned from his MEGA experience the effects of actions need to be considered. The City could consider right-of-way taxing, saying costs have increased and the City needs to make those up by passing them on to the rate payers. City Attorney Luwe added his office has been in touch with Billings on this right-of-way ordinance, and his advice is to wait and see what the ramifications of this are; both legal and practical. He noted it is not his intention to bring a similar ordinance back to the Commission in the very near future. 4) Assistant City Manager Brey isn't back to work yet, but he is working on the zone code. 5) The joint City/County Commission, City/County Planning Board meeting to be held on October 301h will be held at the Wingate Inn at 7:00 pm. Comments on the transportation plan will be received during that meeting. Commissioner Smiley inquired about the expenditure listed for dog treats. City Manager Johnson replied Animal Control Officer Lien purchases those. Commissioner Brown offered the following items during FYI: 1) Bill Jameson has asked him to attend service club meetings and give a short presentation regarding funding for the 9-1-1 Dispatch Center. Commissioner Brown and Mr. Jameson are trying to coordinate their efforts with the County Attorney and the Sheriff. 2) The Recreation and Parks Advisory Board has been meeting with the . Williams brothers to determine if their property could be one of the sites considered for the proposed park. - ~_ - _. n______.__ - 8 - Commissioner Kirchhoff submitted the following FYI item: He has asked Library Director Meister . to come to the October 16th Commission meeting to address what the Library Board and Library Foundation have been discussing regarding the CMC property. His impression is the Library is interested if the Commission is interested. This is not the Library's number one choice; they want to remain where they are, but the CMC property is drawing some attention from the Library folks. Commissioner Kirchhoff envisions they will discuss their ideas, financing options, involvement of the Foundation, and the Library's long-term vision. Hopefully they will come with the figures for the clean-up, and how they might be able to "farm out" some of those costs to other agencies. Adjournment - 4:26 D.m, There being no further business to come before the Commission at this time, it was moved by Commissioner Smiley, seconded by Commissioner Brown, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Brown, and Commissioner Kirchhoff. Those voting No, none. ~l~ Temporary Chair ATTEST: . @oI~ ROBIN L. SULLIVAN Clerk of the Commission PREPARED BY: ~;A~J~~o KAREN L. DeLA THOWER Deputy Clerk of the Commission . - ---- ------ ----