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HomeMy WebLinkAboutE1 07-31-06 Draft Minutes 1 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 31, 2006 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, July 31, 2006, at 6:00 p.m. Present were Mayor Jeff Krauss, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Kaaren Jacobson, 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 minutes style City Manager Chris Kukulski advised the Commission that there will be changes 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 [22:24:18] 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 by Cr. Becker, seconded by Cr. Rupp to approve the minutes of the meeting on July 24th as submitted. 2 Those voting Aye being Crs. Becker, 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 contiguous 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 Avenue (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 [18:08:49] Motion and Vote It was moved by 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 [18:09:21] 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. 3 0:11:50 [18:09:23] Public Comment - Anders Lewendal Anders Lewendal resides at 4020 Graf Street. 0:14:30 [ ] Public Comment - Jeff Buchowiski Jeff Buchowiski resides at 310 North Plum Ave. 0:18:03 [18:09:29] Public Comment - Jessie Nelson Jessie 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 (Brey) 2. Commission to appoint members Design Review Board, deferred from July 24th (Fontenot) 3. Commission to appoint members to the Community Affordable Housing Advisory Board (CAHAB), deferred from July 24th (Fontenot) 4. Commission to appoint members Library Board of Trustees, deferred from July 24th (Fontenot) 5. Commission to appoint members Downtown Bozeman Improvement District Board (IDB), 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 by Cr. Kirchhoff, seconded by Cr. Becker, to appoint Jim Browning and Erik R. Nelson as business owners from within the district, Jeanne Wesley- Wiese as a resident of the district and Thomas Noble and Marcia Kaveny as members-at-large 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. 4 0:26:24 [18:13:15] 2. 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 Klingensmith (Real Estate Sales), Jan Bergman (Real Estate Financier) and Marcia Youngman (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 by 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 5 Cr. Jacobson requested at least a one week delay in the appointments to the Downtown Bozeman Improvement District Board (IDB). The Commission agreed to the deferment. 0:32:50 [18:27:53] 6. Commission to appoint members Tree Advisory Board, deferred from July 24th (Fontenot) 0:33:00 [18:30:18] Motion and Vote It was moved by Cr. Kirchhoff, seconded by Cr. Rupp, to appoint Shelly Engler 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 (Fontenot) 0:33:34 [18:31:01] Motion and Vote It was moved by Cr. Kirchhoff, seconded by Cr. Rupp, to appoint Charlotte Knighton, Bonnie Martin and Joe Batcheller to the Beautification Advisory Board. Those voting Aye being Crs. Kirchhoff, Rupp, Jacobson, Becker and Mayor Krauss. Those 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 [18:32:00] Motion and Vote It was moved by Cr. Kirchhoff, seconded by Cr. Rupp to appoint Terry Giovanini, Lisa Danzl-Scott, Robert Dougherty and Nelle Thompson as non-voting members to the the Northeast Urban Renewal Board. Those voting Aye being 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 6 It was determined by the Commission that the terms of the newly appointed members, which are staggered 4 year terms, should be determined by appointee volunteerism. 0:36:31 [18:32:07] 9. Update of Mandeville Farms Industrial Park Erik Nelson of ThinkTank Design provided an update of Mandeville Farms Industrial Park to the Commission. 0:48:01 [18:32:41] Questions for Erik Nelson 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 [18:33:28] Public Comment - David Smith David Smith, CEO, Bozeman Chamber of Commerce. 1:05:33 [18:33:42] Motion and Vote It was moved by Cr. Kirchhoff, seconded by Cr. Becker to follow through with Erik Nelson's directives included at the end of his presentation. These include proceeding with subdivision planning and platting (preparing RFP for services), designate industrial TIF (delineate boundry and draft ordinance), secure end users and sales (establish development agreements) and proceed with infrastructure when appropriate. Those voting Aye being Crs. Kirchhoff, Becker, Rupp, Jacobson and Mayor Krauss. Those voting No being none. The motion carried. 1:09:16 [18:35:46] 10. Workforce housing - UDO amendment (Saunders) 1:09:46 [18:47:33] Staff Report - Chris Saunders Assistant Planning Director Chris Saunders presented 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. 7 1:30:29 [19:05:23] Public Comment - Bob Chase Bob Chase resides at 433 South Black Avenue. 1:37:28 [19:09:09] Public Comment - David Smith David Smith, CEO, Bozeman Area Chamber of Commerce 1:40:42 [19:09:14] Public Comment - Mary Jacobs Mary Jacobs resides at 2103 Star Ridge Road. 1:42:41 [19:15:10] Public Comment - Jennifer Olson Jennifer Olson resides at 4630 Clearview Road. 1:44:30 [19:18:53] Public Comment - Mike Jarrett Mike Jarrett resides at 845 West Arnold Street 1:45:49 [19:26:46] Public Comment - Karen Lindell Karen Lindell resides at 416 East Aspen. 1:49:16 [19:30:37] Public Comment - Don Lint Don Lint resides 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 resides at 416 East Storey. 1:52:20 [19:43:14] 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 Sheridan Ave. 1:58:47 [19:46:28] Public Comment - Chuck Hinesley Chuck Hinesley resides at 3663 Durston Road. 2:03:16 [19:49:57] Public Comment - Connie Garrett Gonnie Garrett resides at 414 North Plum. 2:04:01 [19:51:08] Public Comment - Paul Busey Paul Busey 5560 Violet Road (outside of the city limits) 2:06:18 [19:52:26] Discussion 8 The City Commission discussed the issue of the Workforce housing - UDO amendment and the creation of an Inclusionary Zoning Task Force. 2:27:37 [ ] Motions and Votes to have staff pursue Planning Board and Zoning Commission recommended revisions 5(a) - 5(j) (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 report. 2:28:30 [ ] Motion and Vote 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) reducing percentage of required cost limited units from 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 by Cr. Kirchhoff, seconded by Cr. Jacobson, to direct staff to pursue the Planning Board and Zoning Commission recommendation 5(b) raising the threshhold of participation from 5 dwellings to 10 dwellings. Those voting Aye being 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 sustained affordability 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 housing program No vote was taken on Recommendation 5(c) provisioning for sustained affordability 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 housing program. 2:45:39 [ ] Motion and vote to Motion and vote to pursue Planning Board and Zoning Commission recommendation 5 (d) through 5 (j) 9 It was moved by Cr. Rupp, seconded by Cr. Kirchhoff to pursue Planning Board and Zoning Commission recommendation 5 (d) through 5 (j). 2:46:10 [ ] Break Mayor Krauss called for a five minute break. 2:56:49 [ ] Motion on the floor to pursue Planning Board and Zoning Commission recommendation 5 (d) through 5 (j). It was moved by Cr. Rupp, seconded by Cr. Kirchhoff to pursue Planning Board and Zoning Commission recommendations 5 (d) through 5 (j). It was moved by Cr. Rupp, seconded by Cr. Kirchhoff to amend the previous motion to pursue Planning Board and Zoning Commission recommendations 5 (d) through 5(e) and 5(g) through 5 (j), excluding 5(f) which would be reviewed further by the Commission. Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson. Those voting No being Cr. Becker and Mayor Krauss. The motion carried. 3:19:34 [ ] Motion and vote to extend the affordability status term of the 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 housing units from 10 years to 30 years. Those voting Aye being Crs. Jacobson, Rupp, Kirchhoff and Becker. Those Voting No being Mayor Krauss. The motion carried. 3:22:54 [ ] 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 from 3% to 4.5% per annum. Those voting Aye being Crs. Becker, Rupp, Jacobson and Kirchhoff. Those Voting No being Mayor Krauss. The motion carried. 10 3:30:55 [ ] 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 ability to bank housing 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 Housing Ordinance Task Force according to the following guidelines: 1) The purpose of the Task Force is to review, analyze, and suggest improvements to the Inclusionary Housing Ordinance as recommended by the City Commission following the public hearing on the proposed ordinance on August 7, 2006. Thus, the Task Force will have the benefit of the public's input regarding the proposed ordinance. It will not be the intent of the Task Force to propose alternatives to Inclusionary Zoning. 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 establishing ground rules for behavior, and procedures and processes for the appropriate conduct of the meetings. 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 Manager. 4) The Task Force will contain 10 members from among the following groups: a) Developer/Builder b) Business Person c) Realtor d) Chamber of Commerce e) CAHAB f) Habitat for Humanity g) MSU h) School District Teacher 11 i) Citizen at Large j) Lender 5) The City Commission will appoint the task force members at the August 7 commission meeting. Persons interested in joining the Task Force should contact one of the city commissioners or the City Clerk, Brit Fontenot, no later than Wednesday, August 2 at 5 pm. 6) The Task Force will complete its work within six weeks of its first meeting which will occur during the week of August 14th, if possible. Meeting times will be 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 [19:56:13] 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 enforcement 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 meeting 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 [ ] Questions for Staff - continued Code Enforcement Officer Hassler continued to answer questions from the Commission. 4:02:56 [20:30:26] 2. FYI/Discussion 4:03:26 [21:42:09] FYI - Chris Kukulski 12 4:04:44 [ ] FYI - Ron Brey 4:05:55 [ ] FYI - Andy Epple 4:06:25 [ ] FYI - Sean Becker 4:06:30 [ ] Discussion - Kaaren Jacobson 4:09:16 [ ] FYI - Steve Kirchhoff 4:14:06 [ ] FYI - Jeff Krauss 4:20:30 [ ] J. Adjournment At 10:25 p.m., Mayor Krauss adjourned the meeting. ______________________________ ______ Jeffrey Krauss, Mayor ATTEST: ______________________________________ Brit Fontenot, City Clerk PREPARED BY: ______________________________________ Brit Fontenot, City Clerk 13 Approved ______________, 2006