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HomeMy WebLinkAboutE1 8-07-06 Draft Minutes 1 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 7, 2006 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, August 7, 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, Assistant City Manager Ron Brey, Director of Finance Anna Rosenberry, Director of Public Safety – Fire Chick Winn, Director of Public Safety – Police Mark Tymrak, Director of Public Service Debra Arkell, Assistant Planning Director Chris Saunders, Assistant City Attorney Tim Cooper, and City Clerk Brit Fontenot. 0:09:21 [18:02:44] A. Call to Order Mayor Krauss called the meeting to order at 6:00 pm. 0:09:27 [18:02:46] B. Pledge of Allegiance and Moment of Silence 0:10:16 [18:03:46] Changes to the Agenda City Manager Chris Kukulski clarified that Agenda Item H2., published as "BID"; the Downtown Bozeman Improvement District Board is actually referred to as the "IDB". He also stated that Agenda item G4., Board of Adjustments Zone Code Amendment, could be brought back or tabled for a future meeting. Mr. Kukulski reminded the Commission that this would not be the first reading of the ordinance. 0:11:23 [ 0:07:09] Motion and Vote - to bring forward an ordinance [Board of Adjustments Zone Code Amendment] for discussion. It was moved by Cr. Becker, seconded by Cr. Jacobson, to bring forward an ordinance [Board of Adjustments Zone Code Amendment] for discussion. Those voting Aye being Crs. Becker, Jacobson, Rupp, Kirchhoff and Mayor Krauss. Those voting No being none. The motion carried. 0:11:52 [18:03:35] C. Public Service Announcement Director of Public Works Debbie Arkell presented a public service announcement concerning recycling. 2 Mayor Krauss notified the public of the City Commission meeting re- broadcasts on Wednesdays and Fridays at 5 p.m. 0:15:08 [18:08:42] D. Minutes - July 31 The minutes of July 31, 2006 were deferred to August 14, 2006. Outstanding: June 12, July 10, and July 17 0:15:18 [18:08:53] E. Proclamation of Stanley Rosenberg Day, August 10, 2006 Mayor Krauss read the Proclamation of Stanley Rosenberg Day into the record. 0:16:45 [ 0:12:14] Announcement Regarding Capacity of the Community Room City Manager Kukulski reminded the public of the maximum capacity of 141 persons in the Community Room of the Gallatin County Courthouse. 0:17:42 [18:11:16] F. Consent 1. Authorize payment of claims (LaMeres) 2. Approve resolution 3936, intent to vacate a portion of the Old Highland Boulevard right-of-way (Kerr) 3. Approve resolution 3935, intent to vacate the east-west alley in block 51, Northern Pacific Addition (Kerr) 4. Authorize City Manager to sign contract with Tindale-Oliver and Associates for the street impact fee update. (Saunders) 5. Authorize City Manager to sign West Winds PUD, Phase III Major Subdivision, Findings of Fact, #P-06025 (Windemaker) 6. Authorize City Manager to sign Legends at Bridger Creek II, Major Subdivision, Findings of Fact, #P-06009 (Windemaker) 3 7. Authorize City Manager to sign Valley Center Road / North 19th Avenue SID Project – Amendment No. 2 to the Professional Services Agreement (Stodola) 8. Finally adopt Ordinance No. 1669, text amendment to the Unified Development Ordinance (Cooper) 9. Approve Resolution No. 3937, Intent to Create SILD No. 688, Valley West Subdivision, Phases 1 through 3 (Shannon) 10. Approve Resolution No. 3939, Intent to Create SILD No. 693, Oak Meadows Subdivision (Shannon) 11. Approve Resolution No. 3940, Intent to Create SILD No. 689, Legends at Bridger Creek Subdivision Phases 1 and 2 (Shannon) 0:17:53 [18:11:27] Motion and Vote It was moved by Cr. Kirchhoff, seconded by Cr. Becker to approve the Consent items 1 - 11, as listed above. Those voting Aye being Crs. Kirchhoff, Becker, Jacobson and Mayor Krauss. Those voting no being none. Abstentions, Cr. Rupp. The motion carried. 0:18:15 [18:12:30] Motion and Vote - leash free status of Burke Park It was moved by Cr. Jacobson, seconded by Cr. Becker, to adopt a Resolution of Intent to maintain a leash-free status in Burke Park as recommended by the Bozeman Recreation and Parks subcommittee on dog issues and that other aspects of the dog committee will be discussed later in the evening. Those voting Aye being Crs. Jacobson, Becker, Rupp, Kirchhoff and Mayor Krauss. Those voting No being none. 4 The motion carried. 0:20:27 [18:14:06] 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. Please state name and address in an audible tone of voice for the record. 0:21:03 [18:14:11] Public Comment - Earl Langland Earl Langland resides at 608 South Grand. He requested ordinance revisions allowing wine and beer consumption by patrons as a natural extension of a licensed premises. 0:22:36 [18:16:09] Public Comment - Ken Kraft Ken Kraft resides in Bridger View Trailer Park on Bridger View Drive. He opposes the Story Mill redevelopment and displacement from the Bridger View Trailer Park. 0:26:15 [18:19:53] Public Comment - William Halpin William Halpin resides at 1319 South Church Street requests a change in the Soroptomist Park design to save the south hedge. 0:27:07 [18:20:54] H. Public Hearings 0:28:32 [18:22:19] 1. Commission Resolution No. 3929 - Establishing Water Rates This hearing was opened and continued from July 17, 2006. 0:28:43 [18:22:23] Staff Report Finance Director Anna Rosenberry presented the resolution proposal to the Commission. 0:30:03 [18:23:41] Motion and Vote It was moved by Cr. Becker, seconded by Cr. Rupp, to adopt Resolution No. 3929 which includes a 10% increase in water rates, to be reserved for capital improvements related to the facility plan recommendations and implementation of the written notice shut-off charge. Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson and Mayor Krauss. Those voting no being none. The motion carried. 0:30:55 [18:24:48] 2. Commission Resolution No. 3930 - Establishing Sewer/Wastewater Rates 5 This hearing was opened and continued from July 17, 2006. 0:31:04 [18:24:51] Staff Report Finance Director Anna Rosenberry presented the proposed resolution to the Commission. 0:32:18 [18:26:02] Motion and Vote It was moved by Cr. Rupp, seconded by Cr. Kirchhoff to adopt Resolution No. 3930 which includes a 10% increase in wastewater rates to be reserved for capital improvements related to the facility plan as well as implementation of the lift station charges and written shut-off notice charge. Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker and Mayor Krauss. Those voting No being none. The motion carried. 0:32:50 [18:26:46] 3. Workforce Housing, #Z-06152 0:33:20 [18:27:02] Staff Report Assistant Planning Director Chris Saunders presented the staff report. 0:40:14 [18:33:53] Public Comment - Les Scheidt Les Scheidt resides at 706 Hunters Way and opposes the "Affordable Ordinance". 0:43:16 [18:37:17] Public Comment - Roger Koopman Roger Koopman resides at 811 South Tracy Avenue and opposes the Workforce Housing Ordinance. 0:48:43 [18:42:45] Public Comment - Denise Rogers Denise Rogers resides at 6 West Babcock, Apt. 101 and supports the Workforce Housing Ordinance. 0:54:21 [18:48:35] Public Comment - Linda Pierce Linda Pierce resides at 48 Hitching Post Road and supports affordable housing in Bozeman. 0:56:56 [18:51:07] Public Comment - Wallis Bryan Wallis Bryan resides at 2226 Powder Park Court and opposes the Workforce Housing Ordinance as written. 0:59:56 [18:54:18] Public Comment - Jeanie Etgen Jeanie Etgen resides at 410 North 4th Street and supports the Workforce Housing Ordinance. 6 1:01:36 [18:56:08] Public Comment - Roxanne Klingensmith Roxanne Klingensmith resides at 1717 S. Black No. 53 and supports the Workforce Housing Ordinance. 1:03:16 [18:57:43] Public Comment - Linda Harper Linda Harper resides at 733 North Aster and supports the Workforce Housing Ordinance. 1:06:24 [19:01:00] Public Comment - Dab Dabney Dab Dabney resides at 522 South 6th Street and opposes the Workforce Housing Ordinance as written. 1:09:34 [19:04:13] Public Comment - Georgette Cassen Georgette Cassen resides at 213 West Storey Street and supports the Workforce Housing Ordinance. 1:10:22 [19:05:03] Public Comment - Alanna Brown Alanna Brown resides at 601 South 9th Street and supports the Workforce Housing Ordinance. 1:13:31 [19:08:16] Public Comment - Diana Anthony Diana Anthony resides at 816 N. 17th Street and her dream is sustainable development for her mobile home park and supports affordable housing. 1:16:02 [19:10:48] Public Comment - Beth Hansen Beth Hansen resides at 1813 South Rouse Apt. B, and opposes the Workforce Housing Ordinance as written. 1:17:11 [19:11:55] Public Comment - Kate Reid (for Habitat for Humanity) Kate Reid is a non-resident and opposes the Workforce Housing Ordinance as written. 1:19:37 [19:14:24] Public Comment - Jim Evans Jim Evans resides at 2862 North 27th, Apt. No. 2 believes hard work and saving are important paths on the route to home ownership. 1:22:11 [19:17:00] Public Comment - Sandy Leal Sandy Leal resides at 1127 South Cedar View and opposes the Workforce Housing Ordinance as written. 1:24:05 [19:18:51] Public Comment - Chris Hanson Chris Hanson resides at 617 N. 5th, Unit K, opposes the Workforce Housing Ordinance as written. 1:27:20 [19:22:02] Public Comment - Bob Chase 7 Bob Chase resides at 433 South Black acknowledges problem of affordable housing but opposes the Workforce Housing Ordinance as written. 1:31:12 [19:26:16] Public Comment - Verne Klinginsmith Verne Klinginsmith resides at 1717 South Black Street and supports the Workforce Housing Ordinance. 1:35:04 [19:29:26] Public Comment - Tina Rodriguez (for GVHRTF) Tina Rodriguez resides at 118 South 15th No. 4 and supports the Workforce Housing Ordinance. 1:36:09 [19:31:16] Public Comment - Adell Westrick Adell Westrick resides at 2727 West Mendenhall and opposes the Workforce Housing Ordinance. 1:39:31 [ 0:11:33] Comment - Mayor Krauss 1:40:32 [19:35:36] Public Comment - Dennis Hardin Dennis Hardin resides at 6125 S. 19th Avenue and opposes the Workforce Housing Ordinance as written. 1:44:22 [19:39:43] Public Comment - Debbie Jamieson Debbie Jamieson resides at 2605 Bear Canyon Road and opposes the Workforce Housing Ordinance. 1:47:27 [19:42:55] Public Comment - Rob French Rob French resides at 217 West Koch and opposes the Workforce Housing Ordinance as written. 1:51:17 [19:46:36] Public Comment - Jim Walseth Jim Walseth resides at 603 West Babcock and supports the Workforce Housing Ordinance. 1:53:55 [19:49:29] Public Comment - Mary Pat Harris Mary Pat Harris resides at 1311Wildflower Way and opposes the Workforce Housing Ordinance as written. 1:57:34 [19:53:08] Public Comment - Dane Gamble Dane Gamble resides at 1313 Hitching post road and opposes the Workforce Housing Ordinance as written. 2:00:27 [19:56:12] Public Comment - Don Lint Don Lint resides at 406 Princeton Street and opposes the Workforce Housing Ordinance as written. 2:03:04 [19:58:53] Public Comment - Frank Schledorn 8 Frank Schledorn resides at 1208 North 8th Ave. and opposes the Workforce Housing Ordinance as written. 2:05:24 [20:01:14] Public Comment - Jeremy Shea Jeremy Shea, President of SWMBiA, encourages the Commission to vote NO on inclusionary zoning. 2:07:48 [20:03:41] Public Comment - Rene Goggler Rene Goggler resides at 1418 North River Rock in Belgrade (non-resident) and would like to see the Task Force open to other suggestions and options and opposes the Workforce Housing Ordinance as written. 2:10:46 [20:06:36] Public Comment - Julie Linecker Julie Linecker resides at 5969 Baxter Lane and opposes the Workforce Housing Ordinance as written. 2:13:53 [20:09:56] Public Comment - Joyce Miller Joyce Miller resides at 1002 Zacharia Lane (non-resident) and opposes the Workforce Housing Ordinance as written. 2:16:58 [20:10:00] Public Comment - Keri Lister Keri Lister resides at 382 Peace Pipe Drive and opposes the Workforce Housing Ordinance. 2:21:59 [20:12:53] Public Comment - Karen Lindell Karen Lindell resides at 416 East Aspen and opposes the Workforce Housing Ordinance as written. 2:23:14 [20:18:03] Public Comment - Scott Jagger (Bozeman Chamber of Commerce) Scott Jagger stated the Chamber supports workforce housing and affordable housing but not inclusionary zoning. 2:26:08 [20:19:26] Public Comment - Voss Owen Voss Owen resides at 4108 West Dickerson opposes the Workforce Housing Ordinance as written. 2:28:11 [20:22:23] Public Comment - Scott Teal Scott Teal (non-resident) supports the Workforce Housing Ordinance. 2:34:13 [20:24:24] Public Comment - Jason Mann Jason Mann resides at 6000 Walker Road and opposes the Workforce Housing Ordinance as written. 2:37:38 [20:30:32] Public Comment - Chris Budeski Chris Budeski resides at 315 Sheridan Ave. and opposes the Workforce Housing Ordinance as written. 9 2:41:02 [20:33:40] Public Comment - Jennifer Wilson Jennifer Wilson resides at 4630 Clear View Road and opposes the Workforce Housing Ordinance as written. 2:44:08 [20:37:34] Public Comment - Karen Thomes Karen Thomes resides at 1010 East Gallatin and opposes the Workforce Housing Ordinance as written. 2:46:45 [20:40:39] Public Comment - Tracy Poole Tracy Poole resides at 250 Hyalite View Drive and opposes the Workforce Housing Ordinance as written. 2:50:54 [20:43:28] Public Comment - Tom Eaglehoff Tom Eaglehoff resides at 305 South 16th and opposes the Workforce Housing Ordinance as written. 2:54:08 [20:47:32] Public Comment - Andrew Hurlburt Andrew Hurlburt resides at ____ West Olive and opposes the Workforce Housing Ordinance as written. 2:55:05 [20:50:56] Public Comment - Anders Lewendal Anders Lewendal resides at 4020 Graf Street and opposes the Workforce Housing Ordinance as written. 2:58:50 [20:51:54] Public Comment Mary Boustead Mary Boustead resides at 4239 East Baseline Road and opposes the Workforce Housing Ordinance as written. 3:01:45 [20:55:40] Public Comment - Tim Turner Tim Turner resides at 814 South Willson and opposes the Workforce Housing Ordinance as written. 3:03:14 [20:58:39] Public Comment - Kelly Wood Kelly Wood resides at 918 Woodland Drive and opposes the Workforce Housing Ordinance as written. 3:07:12 [21:00:29] Break Mayor Krauss called for a 15 minute break. 3:29:30 [ ] Call to Order Mayor Krauss called the meeting to order. 3:29:58 [21:04:10] Public Comment - Lucille Pope Lucille Pope (non- resident) requested a broad representation of workforce wage earners on the Task Force. 10 3:30:20 [21:25:59] Public Comment - Joan Rudberg Joan Rudberg resides at 2517 Valhalla Court and opposes the Workforce Housing Ordinance as written. 3:33:45 [21:28:07] Public Comment - Mary Jacobs Mary Jacobs (non-resident) suggest broadening vision of Task Force, hiring an arbitrator and considering all perspectives. 3:39:19 [21:31:19] Public Comment - Paul Rukheimer Paul Rukheimer resides at 506 Oxford Drive opposes the Workforce Housing Ordinance as written. 3:43:33 [21:37:05] Public Comment - Frank Eckes Frank Eckes resides at 2201 Maplewood Street and opposes the Workforce Housing Ordinance as written. 3:45:01 [21:41:18] Public Comment - Mike Jarrett Mike Jarrett resides at 845 West Arnold and opposes the Workforce Housing Ordinance as written and considers housing costs are high due to fees, taxes and regulations imposed by the City government. 3:47:32 [21:42:52] Public Comment - Jennifer Owens Jennifer Owens, no address given, has volunteered for the Task Force but does not think inclusionary zoning will work. 3:48:30 [21:45:30] Public Comment - Gary Perry Garry Perry, Montana State Senator, opposes the Workforce Housing Ordinance as written. 3:52:27 [21:46:22] Discussion - Commissioner Kirchhoff Commissioner Kirchhoff commented on the Workforce Housing Ordinance and public testimony. 4:00:36 [21:51:02] Discussion - Commissioner Jacobson Kaaren Jacobson commented on the Workforce Housing Ordinance and public testimony. 4:11:53 [21:58:45] Discussion - Commissioner Becker Commissioner Becker commented on the Workforce Housing Ordinance and public testimony. 4:23:00 [22:09:56] Discussion - Commissioner Rupp Commissioner Rupp commented on the Workforce Housing Ordinance and public testimony. 11 4:30:51 [22:17:29] Discussion - Mayor Krauss Mayor Krauss commented on the Workforce Housing Ordinance and public testimony. 4:41:35 [22:21:35] Discussion - Commissioner Rupp Commissioner Rupp responded to Mayor Krauss' comments. 4:42:32 [22:29:38] Discussion - Mayor Krauss Mayor Krauss responded to Commissioner Rupp's Comments. 4:44:11 [22:40:42] Discussion - Commissioner Kirchhoff Commissioner Kirchhoff responded to questions by Commissioner Rupp. 4:46:28 [22:42:01] Discussion - Commissioner Jacobson Commissioner Jacobson responded to Commissioner Rupp. 4:46:54 [ 0:14:55] Discussion - Mayor Krauss 4:49:09 [22:43:06] Discussion - Commissioner Kirchhoff Responds to the Commission concerning the Task Force. 4:49:51 [22:45:37] Discussion - Commissioner Jacobson Commissioner Jacobson suggests altering the Task Force guidelines. 4:50:04 [22:46:04] Discussion - Commissioner Rupp Commissioner Rupp suggested that in addition to a review of the ordinance and bring forth other options but insisted on a firm timeline. 4:50:24 [23:59:57] Discussion - Commissioner Kirchhoff Suggested waiting on giving direction to staff on unresolved issues. 4:51:02 [22:47:10] Discussion - Commissioner Becker Commissioner Becker suggested the Task Force include other options in its report. 4:51:52 [22:48:23] Discussion - Mayor Krauss Mayor Krauss suggested language for a motion. 4:52:22 [22:49:05] Discussion - Commissioner Rupp Commissioner Rupp suggests providing the Task Force with the ordinance and remaining questions. 4:53:03 [22:49:20] Discussion - Mayor Krauss 4:53:17 [ 0:33:01] Discussion - Commissioner Kirchhoff 12 4:53:52 [ 0:06:25] Discussion - Commissioner Rupp 4:54:10 [22:49:45] Discussion - Commissioner Becker 4:54:54 [22:50:15] Discussion - Commissioner Kirchhoff 4:55:44 [22:51:10] Discussion - Commissioner Jacobson 4:55:51 [ ] Discussion - Commissioner Jacobson proposed language for a motion. The goal of the Task Force is to make recommendations to develop an adequate supply of affordable housing. The Task Force will 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 and examine any other alternatives that will increase the supply of housing with special attention given to Section C, individualized program. 4:56:52 [ ] Discussion - Commissioner Kirchhoff 4:57:05 [ ] Discussion - Commissioners Rupp, Jacobson and Kirchhoff 4:58:41 [ ] Discussion - Commissioner Jacobson restated the proposed language for a motion The goal of the Task Force is to make recommendations to develop an adequate supply of affordable housing. The Task Force will review, analyze and suggest improvements, as needed, to the Inclusionary Housing Ordinance as recommended by the City Commission following the public hearing on the proposed ordinance on August 7, 2006 and examine any other alternatives that will increase the supply of affordable housing with attention should be given to Section 3, individualized program. 5:00:24 [ 0:33:12] Discussion - Commissioners Becker and Jacobson 5:01:53 [ ] Discussion - Commissioners Rupp, Jacobson, Becker and Kirchhoff 5:04:16 [ ] Motion by Commissioner Jacobson and Second by Commissioner Becker It was moved by Cr. Jacobson, seconded by Cr. Becker, to define the goal of the Task Force is to make recommendations to develop an adequate supply of affordable housing and examine any other alternatives that will increase the supply of affordable housing, attention should be given to Section 3, individualized program. 5:05:29 [ ] Discussion - Commissioner Jacobson restated the proposed language for a motion The goal of the Task Force is to make recommendations to develop an adequate supply of affordable housing. The Task Force will review, analyze and suggest improvements, as needed, to the Inclusionary Housing Ordinance as recommended by the City Commission following the public 13 hearing on the proposed ordinance on August 7, 2006. The Task Force will also examine any other alternatives that will increase the supply of affordable housing as deemed necessary. Special attention should be given to Section C, individualized program. 5:07:59 [ ] Commissioner Kirchhoff proposed a motion, seconded by Commissioner Rupp Commissioner Kirchhoff stated that the eight-week task of the Work Force Housing Task Force is to: 1) Review and analyze the Work Force Housing Ordinance; and 2) Suggest any alternatives that demonstrably meet or exceed the Work Force Housing supply objectives in the ordinance. 5:08:46 [ ] Commissioner Kirchhoff restated his proposed motion Commissioner Kirchhoff stated that the eight-week task of the Work Force Housing Task Force is: 1) Review and analyze the draft Work Force Housing Ordinance provided at the August 7, 2006 City Commission meeting; and 2) Suggest any alternatives that demonstrably meet or exceed the Work Force Housing supply objectives in the ordinance. 5:09:15 [ ] Discussion - Mayor Krauss 5:09:39 [ ] Discussion - Commissioner Jacobson 5:10:05 [ 0:01:21] Discussion - Re-reading of Commissioner Jacobson's motion by the City Clerk It was moved by Cr. Jacobson, seconded by Cr. Becker, to define the goal of the Task Force to make recommendations to develop an adequate supply of affordable housing The Task Force will examine any other alternatives that will increase the supply of affordable housing. Special attention should be given to Section 3, individualized program. 5:10:35 [ ] Discussion - Commissioner Becker re-affirming his second on Commissioner Jacobson's original motion 5:11:18 [ ] Discussion - Re-reading of Commissioner Jacobson's motion by the City Clerk. It was moved by Cr. Jacobson, seconded by Cr. Becker, to define the goal of the Task Force is to make recommendations to develop an adequate supply of affordable housing. The Task Force will also examine any other 14 alternatives that will increase the supply of affordable housing, special attention should be given to Section 3, individualized program. 5:11:40 [ ] Discussion - Commissioners Rupp, Becker and Jacobson 5:13:55 [ ] Discussion - Mayor Krauss 5:14:48 [ ] Discussion - Commissioners Kirchhoff and Rupp and Mayor Krauss 5:16:22 [ ] Motion and Vote - Task Force goals It was moved by Cr. Jacobson, seconded by Cr. Becker, to define the goal of the Task Force is to make recommendations to develop an adequate supply of affordable housing and examine any other alternatives that will increase the supply of affordable housing, attention should be given to Section 3, individualized program. Those voting Aye being Crs. Jacobson, Becker, Rupp, Kirchhoff and Mayor Krauss. Those voting No being none. The motion carried. 5:16:57 [ ] Discussion - Task Force time frame 5:20:26 [ ] Motion and Vote - Task Force time frame It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, that the Task Force complete work on October 16, 2006 and recommendations be forwarded to the Commission for review on Monday October 30, 2006. Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp and Mayor Krauss. Those voting No being none. The motion carried. 5:20:59 [ ] 1. Appointment of Inclusionary Housing Task Force members (Fontenot) 5:21:13 [ ] Motion and Vote It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to change the name of the task force from Inclusionary Housing Task Force to Affordable Housing Task force and re-open the application process for one week. 15 Those voting Aye being Crs. Kirchhoff, Jacobson, Becker and Mayor Krauss. Those Voting No being none. Absent - Cr. Rupp. The motion carried. 5:22:17 [ ] Discussion - Mayor Krauss reviewed the decisions regarding the Affordable Housing Taskforce 5:23:14 [22:53:19] 4. Board of Adjustments Zone Code Amendment, #Z-06161 (Saunders) Mayor Krauss opened the public hearing on the Board of Adjustments Zone Code Amendment, #Z-06161and called for public comment. There was no public comment 5:24:02 [22:51:51] Motion and Vote It was moved by Cr. Kirchhoff, seconded by Cr. Rupp, to continue the Board of Adjustments Zone Code Amendment, #Z-06161, public hearing until August 14, 2006. Those voting Aye being Crs. Kirchhoff, Rupp, Jacobson, Becker and Mayor Krauss. Those voting No being none. The motion carried. 5:24:31 [22:54:16] 4. Disposal of Asbestos-Contaminated Soil at City Land Fill 5:24:42 [22:54:22] Motion and Vote It was moved by Cr. Rupp to defer Action Item 4. the disposal of asbestos-contaminated soil at city land fill until August 14, 2006. The motion failed for a lack of a second. 5:25:38 [ ] Break Mayor Krauss called for a 10 minute break. 5:36:40 [22:52:35] Staff Report City Engineer Rick Hixson delivered the Staff report 5:36:46 [22:55:13] 4. Disposal of Asbestos-Contaminated Soil at City Land Fill (cont.) 5:36:51 [22:55:05] Staff Report City Engineer Rick Hixson presented the staff report. 16 5:40:48 [ ] Questions for Applicant 5:45:45 [23:21:02] Public Comment - Paul Rukheimer Paul Rukheimer resides at 506 Oxford Drive stated that he opposes accepting asbestos contaminated waste into the City Landfill. 5:47:52 [22:57:28] Questions for Staff 5:54:47 [23:21:09] Motion and Vote It was moved by Cr. Becker, seconded by Cr. Rupp to approve the disposal [in the Bozeman City Landfill] of a maximum of 20 cubic yards [of asbestos contaminated material] at $100 per yard subject to regulatory permissions; Storey Distributing to pay all expenses associated with removal including, but not limited, to State, DEQ and municipal assistance. Those voting Aye being Crs. Becker and Kirchhoff. Those voting no being Crs. Rupp, Jacobson and Mayor Krauss. The motion failed. It was moved by Cr. Becker, seconded by Cr. Rupp to approve the disposal [in the Bozeman City Landfill] of a maximum of 20 cubic yards [of asbestos contaminated material] at $100 per yard subject to regulatory permissions; Storey Distributing to pay all expenses associated with removal including, but not limited, to State, DEQ and municipal assistance if it becomes a part of the library clean up and/or redevelopment plan. Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson. Those voting no being Mayor Krauss. The motion carried. 5:59:06 [23:22:08] 6. Letter of concurrence for USFS Bozeman Creek Watershed project (Brey) 5:59:20 [23:23:28] Staff Report Assistant City Manager Ron Brey presented the staff report. 6:00:35 [23:59:54] Questions for Forest Service 6:05:36 [23:24:35] Motion and Vote It was moved by Cr. Rupp, seconded by Cr. Kirchhoff to authorize Mayor Krauss to sign the letter of concurrence for USFS Bozeman 17 Creek Watershed project. Those voting Aye being Crs. Rupp, Jacobson, Becker and Mayor Krauss. Those voting No being Cr. Kirchhoff The motion carried. 6:06:11 [23:27:57] 1. FYI/Discussion 6:06:25 [23:36:32] FYI - Brey Assistant City Manager Brey advised the Commission of 3 alternatives of the proposed transit transfer station. The Commission noted that alternative one appeared best suited for further study. 6:10:38 [23:55:14] FYI - Saunders The beta draft for the mixed use zoning district was distributed. It will return to the Commission, with input, on September 11. 6:11:20 [23:36:47] FYI - Commissioner Kirchhoff Commissioner Kirchhoff asked to add the appointment of the Bozeman Creek Neighborhood Association Task Force on the August 14, 2006 City Commission meeting agenda. 6:13:05 [23:41:11] FYI/Discussion - Mayor Krauss - mobile home parks Mayor Krauss discussed mobile home parks with the Commission and staff. 6:31:41 [23:41:42] J. Adjournment At 11:41 p.m., Mayor Krauss adjourned the meeting. ____________________________________ Jeffrey Krauss, Mayor ATTEST: ______________________________________ Brit Fontenot, City Clerk 18 PREPARED BY: ______________________________________ Brit Fontenot, City Clerk