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HomeMy WebLinkAbout4 - 05-07-2007_April 9, 2007_4LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 9, 2007 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, April 9, 2007 at 6:00 pm. Present were Mayor Jeff Krauss, Cr. Sean Becker, Cr. Kaaren Jacobson, Cr. Jeff Rupp, Cr. Steve Kirchhoff, City Manager Chris Kukulski, Planning Director Andy Epple, Director of Public Service Debbie Arkell, Assistant City Attorney Tim Cooper, and Deputy City Clerk Cynthia Jordan Delaney. 0:12:51 A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse, 311 West Main Street 0:12:52 B. Pledge of Allegiance and Moment of Silence 0:14:20 C. Public Service Announcement - Vandalism to City Property (Semerau) Executive Assistant Karen Semerau offered a public service announcement about the prevalence and cost of vandalism in the City of Bozeman. She encouraged the public to call 582-2000 to report acts of vandalism and criminal mischief even if it's after the fact. 0:20:12 D. Minutes - March 26, 2007 0:20:19 Motion and Vote to approve the minutes of March 26, 2007. It was moved by Cr. Becker, seconded by Cr. Rupp, to approve the minutes of March 26, 2007. Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss. Those voting No being none. The motion carried 5-0. 0:20:42 E. Consent 1. Authorize Payment of Claims (LaMeres) 2. Finally adopt Ordinance 1698, Loyal Garden Zone Map Amendment (Morris) 3. Approve Resolution 4012, Authorizing Supplemental Funding for "Bustle-Back" Style Public Transportation Buses and Funding for More Public Transportation Bus Shelters (Fontenot) 4. Approve Resolution 4011, Intent to Create Special Improvement Lighting District #697, Alder Creek Subdivision Phase 3 (Shannon) 5. Authorize Acceptance of Bid for Wide Area Rotary Mower to Midland Implement Company, Inc. of Billings, MT (White) 6. Approve the Award of Bid for the Story Mansion Window Replacement to Dave Svejkovsky Construction of Butte, MT (Goehrung) 44 7. Authorize City Manager to sign Waste Water Treatment Plant Upgrade Phase I Expansion Project Professional Services Agreement (Murray) 0:20:50 Motion to approve Consent items 1-7 as listed. It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve Consent items 1-7 as listed. 0:20:58 Public Comment Mayor Krauss opened public comment for Consent items. There was no public comment. 0:21:14 Vote to approve Consent items 1-7 as listed. [It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve Consent items 1-7 as listed.] Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, and Mayor Krauss. Those voting No being none. Those abstaining being Cr. Rupp. The motion carried 4-1. 0:21:25 F. Public Comment 0:22:04 Deb Stover - Public Comment Ms. Stover, of 395 N Valley Drive, praised the members of the Workforce Housing Task Force and offered ideas for enhancing the housing ordinance. She expressed concerns about subsidizing housing for people who make much more money than she does; loss of impact fees negatively affecting existing homeowners; builders going bankrupt costing the City; a 3,000 square foot lot being too small; and she wanted to include a requirement that only people who are full-time residents of Bozeman for a year can qualify. 0:27:15 G. Action Items 0:27:21 1. Jonathan L. Foote Addition Site Plan/Conditions of Appropriateness/Deviations #Z-07033, open and continue to April 16 (Bristor) 0:27:34 Motion to open and continue to April 16. It was moved by Cr. Jacobson, seconded by Cr. Becker, to open and continue (the Jonathan L. Foote Addition Site Plan/COA/Deviations) to April 16. 0:27:42 Public Comment Mayor Krauss called for public comment. There was no public comment. 2 45 0:27:57 Vote to open and continue to April 16. [It was moved by Cr. Jacobson, seconded by Cr. Becker, to open and continue (the Jonathan L. Foote Addition Site Plan/COA/Deviations) to April 16.] Those voting Aye being Crs. Jacobson, Becker, Rupp, Kirchhoff, and Mayor Krauss. Those voting No being none. The motion carried 5-0. 0:28:06 2. Color World Addition Site Plan/Conditions of Appropriateness/Deviations #Z- 07048, open and continue to April 23 (Bristor) 0:28:14 Motion to open and continue to April 23. It was moved by Cr. Becker, seconded by Cr. Rupp, to open and continue (the Color World Addition Site Plan/COA/Deviations) to April 23. 0:28:21 Public Comment Mayor Krauss opened public comment. There was no public comment. 0:28:28 Vote to open and continue to April 23. [It was moved by Cr. Becker, seconded by Cr. Rupp, to open and continue (the Color World Addition Site Plan/COA/Deviations) to April 23.] Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss. Those voting No being none. The motion carried 5-0. 0:28:38 3. Workforce Housing Task Force Discussion (Workforce Housing Task Force) 0:29:03 Chris Kukulski, City Manager Mr. Kukulski thanked the people in the community who have diligently worked on workforce housing. The goal for him and for staff is to have clear direction from the Commission this evening on the various policy items that would be inside a workforce housing ordinance. Tomorrow ideally the staff would begin drafting the ordinance in its final draft form. He asked for clarification about whether the Commission would deviate from or alter the components of the recommendation from the task force. He also asked for input about who would draw up the draft ordinance. 0:34:40 Dab Dabney, Workforce Housing Task Force member Mr. Dabney addressed what the Workforce Housing Task Force's charge was and what they tried to do. He also discussed the specific questions that came up when the Task Force formally presented their draft resolution to the Commission a few months ago. He urged the Commission to support the Task Force's work, stating that it would be a shame to throw the baby out with bath water. 3 46 0:46:22 Marcia Youngman, Workforce Housing Task Force member Ms. Youngman, of 1214 W Koch, clarified items on page 3 of the UDO revisions staff memo. She reviewed specific revisions suggested by the Task Force in response to the Commission's questions and concerns from the Work Session (February 22, 2007): asking for deed restrictions to remain at 10 years; agreeing to A., B., and C. revisions in the March 2 memo to provide a better guarantee the housing will be built; offering that administrative details can be taken out of the ordinance if necessary; and agreeing that impact fee waivers could happen later (once the issue is clarified). 0:51:44 Public Comment opened. Mayor Krauss opened public comment. 0:51:56 Mayor Krauss Mayor Krauss wanted to address the issue of whether or not Cr. Rupp has a conflict of interest. He stated that City Attorney Paul Luwe replied that Cr. Rupp does not have a conflict of interest that precludes him from participating and voting on the Workforce Affordable Housing ordinance. 0:53:16 Cr. Rupp excused himself from the Workforce Housing discussion and vote. Cr. Rupp stated that after weeks of soul-searching and seeking the advice of friends and family, he has concluded that even though he is entitled to participate and vote in this discussion tonight, he believes a higher standard can be achieved by excusing himself. 0:55:52 Mayor Krauss Mayor Krauss stated that he respects Cr. Rupp's decision, but he reminded Cr. Rupp that in the event of a tie vote it will be Cr. Rupp’s responsibility to come up and vote. 0:57:29 Ann Banks - Public Comment Ms. Banks, of 7 Hill Street, a member of the Recreation and Parks Advisory Board, urged the Commission not to grant the approximately 11% reduction in park land in order "to make developers whole." She said the Task Force seems to have looked at this potential park land as monopoly money, that since the City doesn't have it in hand now, it isn't real and doesn't cost anything to give it up. It is real; it is a tangible asset with genuine value. Just ask the developers who want it back. Once the City gives it up, we can never get it back. 1:01:05 David Cook - Public Comment Mr. Cook, of S 7th Avenue, a member of the Recreation and Parks Advisory Board, stated that his concern is based on the fact that requiring developers to set aside park land is the only actual method to provide for parks and trails. The system is broken and needs to be fixed. He asked the Commission to provide leadership and give direction to the Rec. and Parks Board about the future acquisition and maintenance of parks. He proposed a Park Improvement District, a Bozeman City Parks and Recreation bond issue, and a Bozeman City Parks Foundation for raising charitable donations. 1:04:57 Sandy Dodge - Public Comment Mr. Dodge, of 612 W Story, a member of the Recreation and Parks Advisory Board, expressed the board's concerns that this plan has no built in "off switch." He stated that if real estate prices recede in Bozeman, the developers and builders will be able to make affordable housing price points with 4 47 ease, at which time this ordinance becomes a park land giveaway. This ordinance is seeking a permanent solution for a cyclical problem. Sacrificing park land is a huge cost to pay for a housing plan that has no guarantee of success. 1:07:41 Public Comment closed. Mayor Krauss closed public comment. 1:23:50 Motion to accept the Workforce Housing Task Force recommendation as drafted, including provisions. It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to accept the Workforce Housing Task Force recommendation as drafted, including provisions 2. A., B., and C. (in the March 2, 2007 memo) to adjust the guarantee that WHU's get built, returning the recommendation to staff to draft an ordinance including administrative details. 2:14:47 Vote to accept the Workforce Housing Task Force recommendation as drafted, including provisions. [It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to accept the Workforce Housing Task Force recommendation as drafted, including provisions 2. A., B., and C. (in the March 2, 2007 memo) to adjust the guarantee that WHU's get built, returning the recommendation to staff to draft an ordinance including administrative details.] Provisions 2. A., B., and C. in the March 2, 2007 memo: 2. A provision that will guarantee that WHUs get built: We have three recommendations in response to this concern. We don't think the City needs to go further than these steps to ensure WHUs are built. Further fine tuning could be considered, if necessary, at the time of the first mandatory review of the ordinance. A. The Road to Home program has a list of more than 100 pre-qualified potential home buyers within the same income range the Workforce Housing Ordinance targets. As you know, the City helps fund the down payment assistance and home ownership education and counseling provided by this program. We propose that the City cooperate with Road to Home and local lenders to expand the pre-qualified list by at least 100 additional interested potential buyers as soon as you provide direction to staff to prepare the ordinance. We suggest that a variety of means be used to get the word out, including advertising (perhaps the Chronicle will donate ad space as a contribution to the program), outreach to lenders, the City web site, press coverage, blogs, and newsletters of civic clubs and employers (particularly newsletters that will reach teachers, university instructors, police/firefighters, and other members of the workforce who are the focus of the ordinance). The City will need the cooperation of lenders who understand the program to help pre-qualify the potential buyers, and this will also begin to educate the lenders on the value of the proposed Workforce Housing Program. The lender on our task force is willing to help the 5 48 City communicate with community lenders, and some of the rest of us are willing to help with outreach to buyers. The pre-qualified list of buyers will demonstrate to developers and builders the substantial eager market for these homes. We anticipate it will jump start the program and could even result in some existing subdivisions voluntarily deed-restricting some of their lots to take advantage of this new market of buyers. We believe some developers and builders interested in participating can be lined up early, and some of us are willing to help with this outreach as well. B. Revise our recommendation for 16.02.040 (the compliance section) to specify that bonus lots gained from reduced parkland can't be sold till WHUs begin to be built. Then the bonus lots can be sold and built on in proportion to building of WHUs, based on lot size. By this we mean that if you have a 6,000 square foot market-rate bonus lot, two WHUs on 3,000 square foot lots would have to be built before you could sell or build on the bonus lot. Even though there won't be that many bonus lots in a subdivision, the profitability of the development will be dependent on these lots, so this will be a powerful incentive for developers to ensure that WHU lots sell and are built on. C. Revise our recommendation for 16.02.040 in a second way to require that 80% of WHUs in any phase of the development be built before the next phase of development will be approved. We recommend 80% rather than 100% because developers usually begin work on the next phase of a development before build- out of the previous phase is complete due to the time it takes to go through the review process, install infrastructure, and so forth. This provision in particular will ensure that WHUs are built in a timely fashion, and will increase developer responsibility beyond provision of low-cost lots, making them more active partners in the success of the program. Those voting Aye being Cr. Becker and Mayor Krauss. Those voting No being Crs. Kirchhoff and Jacobson. Those abstaining being Cr. Rupp. The motion tied 2-2. 2:15:55 Mayor Krauss asked Cr. Rupp to vote. Mayor Krauss stated that the Commission can't end motions in a tie, so Mayor Krauss asked Cr. Rupp to vote. 2:16:31 Cr. Rupp's Vote Cr. Rupp stated that he will support Cr. Becker's motion and voted yes. The motion passed 3-2. 6 49 [It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to accept the Workforce Housing Task Force recommendation as drafted, including provisions 2. A., B., and C. (in the March 2, 2007 memo) to adjust the guarantee that WHU's get built, returning the recommendation to staff to draft an ordinance including administrative details.] (See above for provisions 2. A., B., and C.) 2:21:08 Motion to adjust the term of affordability from 10 to 15 years. It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to adjust the term of affordability from 10 to 15 years. 2:21:58 Withdrawal of Motion Cr. Kirchhoff withdrew the motion. 2:23:58 Mayor Krauss Mayor Krauss said that the Commission has directed staff. If the City Manager or the staff wants to outsource (the drafting of the workforce housing document), and they find it in the budget to do that, it is fine with him. If they can't reconcile the UDO changes, it is fine to outsource that as well. 2:24:43 Cr. Kirchhoff Cr. Kirchhoff recommended Simon Alejandrino from Bay Area Economics or another expert with great facility for all of these details and questions. He said that he wants to save staff a monumental headache that has a fair number of complications. He wants to find a firm that has done this work before and can do it well, especially if the deadline says July 1. 2:25:47 Andy Epple, Planning Director Mr. Epple stated that the Planning Dept. would not be offended if this were outsourced. He thinks the opportunity to have a disinterested third party with technical expertise look at this and help the City draft this ordinance makes a lot of sense. 2:27:05 Break 2:51:00 H. FYI/Discussion 2:52:26 Debbie Arkell, Director of Public Service Ms. Arkell stated that they don't have control over when construction projects will start. They are trying to coordinate as much as they can: working to get maps on the internet, trying to get the Chronicle to publish a weekly road report, and talking with Bresnan to get road closures onto the TV channel. 2:53:22 Cr. Rupp Cr. Rupp asked Ms. Arkell about the progress of putting cameras on Main Street. 3:00:09 Ms. Arkell Ms. Arkell added an FYI about her discussions with the Montana Dept. of Transportation about the roundabout at Willson Avenue and College Street. 7 50 3:05:05 Mr. Kukulski Mr. Kukulski added an FYI about the first written offer he's seen to purchase Story Mansion. 3:09:55 I. Adjournment Mayor Krauss adjourned the meeting at 9:05 pm. ______________________________________ Jeffrey K. Krauss, Mayor ATTEST: ______________________________________ Brit Fontenot, City Clerk PREPARED BY: ______________________________________ Cynthia Jordan Delaney, Deputy City Clerk Approved on ___________________________. 8 51