HomeMy WebLinkAbout12-3-07_July 16, 2007_2LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
July 16, 2007
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The Commission of the City of Bozeman met in the Community Room, Gallatin County
Courthouse, 311 West Main Street, on Monday, July 16, 2007 at 6:00 pm. 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, Planning Director Andy Epple, Assistant
Planning Director Chris Saunders, Finance Director Anna Rosenberry, City Attorney Paul Luwe,
and Deputy City Clerk Cynthia Jordan Delaney.
0:19:03 A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse, 311
West Main Street
Mayor Krauss called the meeting to order at 6:05 pm.
0:19:05 B. Pledge of Allegiance and a Moment of Silence
0:20:02 C. Public Service Announcement - Water Conservation (Kukulski)
0:22:35 Introduction of International Delegation from North Africa and the Gulf Region
0:29:05 E. Public Comment
Mayor Krauss opened and closed public comment. No person commented.
0:30:01 D. Consent
1. Authorize payment of claims (LaMeres)
2. Authorize the Director of Public Safety-Police to sign the Inter-local Agreement
between the City of Bozeman and the County of Gallatin for the 2007 Byrne Justice
Assistance Grant (JAG) Program Award with revisions made by the Gallatin County
Attorney (Tymrak)
3. Authorize City Manager to sign a Public Access Easement for the Walton
Homestead Apartments (Heaston)
4. Approve Resolution No. 4038, Change Order No. 1 for the Partial Landfill Closure
Contract (Johnson)
5. Approve Resolution No. 4040, Change Order No. 1 for the Wastewater Treatment
Plant Roofing Project (Murray)
6. Authorize City Manager to sign a Public Drainage Easement for the Oakway Office
Building Development (Heaston)
7. Authorize City Manager to sign a Public Street and Utility Easement for Annie
Street-Mengel Annexation (Heaston)
8. Authorize City Manager to sign the Contract for Construction of the Base Bid (Phase
I) Construction Package to Martel Construction, Inc. for the Downtown Intermodal
Facility (Goehrung)
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0:30:04 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
0:30:16 Motion and Vote to approve Consent items 1-8.
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve Consent items 1-8.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
0:30:37 F. Special Presentation - FY 2008 Budget and Work Plan for the Downtown
Business Improvement District (Chris Naumann, Executive Director of the Downtown
Bozeman Partnership)
0:32:26 G. Special Presentation - Update and Discussion on the Bozeman Intermodal
Facility (Chris Pope and the Parking Commission)
0:55:14 H. Action Items
0:55:16 1. Award of Base Bids for Construction of the Bozeman Intermodal Facility
(Rosenberry/Goehrung)
0:57:07 Public Comment
Mayor Krauss opened public comment.
0:57:19 Chris Naumann - Public Comment
Mr. Naumann thanked the past and present City Commissioners and the School District Board
members and all City and County employees that have supported the Tax Increment Fund and our
involvement in this parking garage project.
0:59:23 Public Comment closed.
Mayor Krauss closed public comment.
0:59:58 Motion to award the base bid for the construction of the Bozeman Intermodal Facility
to Martel Construction in the amounts listed in the June 11 Bid Day Summary.
It was moved by Cr. Rupp, seconded by Cr. Jacobson, to award the base bid for the
construction of the Bozeman Intermodal Facility to Martel Construction in the amounts listed
in the June 11 Bid Day Summary.
1:02:46 Vote to award the base bid for the construction of the Bozeman Intermodal Facility to
Martel Construction in the amounts listed in the June 11 Bid Day Summary.
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[It was moved by Cr. Rupp, seconded by Cr. Jacobson, to award the base bid for the
construction of the Bozeman Intermodal Facility to Martel Construction in the amounts listed
in the June 11 Bid Day Summary.]
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
1:03:01 2. Budget Hearing for FY2008, open and continue to August 20, 2007
(Rosenberry)
1:04:11 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
1:05:57 Motion and Vote to continue this (Budget Hearing for FY2008) until August 20.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to continue this (Budget Hearing
for FY2008) until August 20.
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
1:06:19 3. Finally Adopt Ordinance No. 1710, Amending the Bozeman Municipal Code by
Revising Title 17 and adding a New Chapter to be Numbered Chapter 17.02, providing for a
New Title for Housing and a New Chapter for Workforce Housing (Brey)
1:06:41 Ron Brey, Assistant City Manager
Mr. Brey detailed the five changes and housekeeping items to this ordinance listed in his July 16
staff memo.
1:24:03 Public Comment
Mayor Krauss opened public comment.
1:24:11 Marco Ferro - Public Comment
Mr. Ferro, who resides at 705 Blackmore Place and is a member of the Workforce Housing Task
Force, thinks that the adoption of this ordinance will be something that they'll be proud of in the
future.
1:25:48 Sandy Dodge - Public Comment
Mr. Dodge, who resides at 612 W. Story and is the Chair of the Recreation and Parks Advisory
Board, stated that the entire burden is placed on the tax payers through the relaxation of parkland
requirements and impact fees, and he urged the Commission to reject this ordinance or revise it to
include a contribution by the private sector.
1:28:33 David Cook - Public Comment
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Mr. Cook, who resides at 701 South Seventh and is a member of the Recreation and Parks
Advisory Board, stated that the public is paying for this with a tax on parkland, and he asked the
Commission to address this weakness of park-funding methods (especially establishing a parks and
recreation foundation).
1:31:54 Anne Banks - Public Comment
Ms. Banks, who resides at 7 Hill Street and is a member of the Recreation and Parks Advisory
Board, stated that taking away parkland is shortchanging the residents of the subdivision, and she
would like to see a group appointed to look at ways of establishing more parkland within the City.
1:34:13 Mary Vanthull - Public Comment
Ms. Vanthull, who resides at 416 E. Story, stated that the Commission is dangling one carrot too
many in front of developers, and she is begging one of the Commissioners to change his/her vote
and take out the diminished parkland.
1:36:50 Richard Gillette - Public Comment
Mr. Gillette, who resides at 1122 S. 5th, asked the Commission why they are giving away parkland
and stated that working families also need playgrounds and parkland.
1:38:36 Rose Jaffe - Public Comment
Ms. Jaffe, who resides at 1311 S. Black, stated that she grew up in Bozeman but can't afford a
house here, and she wants Bozeman to continue to value open space as a quality of life issue.
1:41:20 Jennifer Olson - Public Comment
Ms. Olson, who is a member of the Workforce Housing Task Force, stated that to make affordable
housing work in Bozeman, this decision about parkland was the best solution, and the developers
are not being made whole.
1:43:22 Connie Garrett - Public Comment
Ms. Garrett, who resides at 511 E. Olive and is a member of the Workforce Housing Task Force, is
a proponent of parks and still feels that we can provide affordable housing without reducing parks.
1:44:14 Jeff Van Den Noort - Public Comment
Mr. Van Den Noort, who resides at 524 E. Davis, is troubled that the deed restriction is only going
to go for 10 years, and he is more and more troubled by this ordinance and who would qualify for
this housing.
1:47:29 Susan Hinkins - Public Comment
Ms. Hinkins, who resides at 1122 S. 5th, is asking the Commission to look very carefully at the
ordinance because when the land is gone, it is gone forever.
1:48:43 Unidentified Citizen - Public Comment
An unidentified person noted that the developers are still paying for the extra lots for the workforce
housing, and he would like to see a discussion about cooperative housing in the future.
1:49:34 Public Comment closed.
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Mayor Krauss closed public comment.
1:57:00 Mr. Brey
Mr. Brey suggested wording changes in Section 17.02.060 Cost Offsets under A. so that 1. will
read
"The reduction of parkland for WHU shall be a 1:1 ratio based on the minimum required square
footage of the lot area of the minimum required number of lots. For example, if 50,000 square feet
of WHU lots are required then there shall be a reduction in the required parkland area of 50,000
square feet. If the developer chooses to develop more than the required WHU lots the additional lot
area square footage, above the minimum required, shall not reduce the parkland area below the
statutory minimum required. If the developer chooses to develop the required WHU lots on lots
larger than the minimum required lot area, the additional lot area square footage, above the
minimum required, shall not reduce the parkland area below the statutory minimum required. The
reduction of parkland shall be allowed for WHUs and/or lots provided offsite but only to the extent
of the minimum required WHU lot area for the development applying for this parkland offset and
only applied on the site of the development applying for the parkland offset. The work force
housing park dedication reductions can not cause a subdivision to provide less than the minimum
amount of parkland required by Section 76-3-621 of state law."
2:07:07 Motion that we do not approve the Workforce Housing Ordinance No. 1710.
It was moved by Cr. Jacobson, seconded by Cr. Kirchhoff, that we do not approve the
Workforce Housing Ordinance No. 1710.
2:57:06 Vote that we do not approve the Workforce Housing Ordinance No. 1710.
[It was moved by Cr. Jacobson, seconded by Cr. Kirchhoff, that we do not approve the
Workforce Housing Ordinance No. 1710.]
Those voting Aye being Crs. Jacobson and Kirchhoff.
Those voting No being Crs. Becker, Rupp, and Mayor Krauss.
The motion fails 2-3.
2:57:46 Motion to finally adopt Ordinance No. 1710, amending the Bozeman Municipal Code
by revising Title 17 and adding a new chapter to be numbered Chapter 17.02, providing for a
new title for Housing and a new chapter for Workforce Housing, incorporating the language
as suggested by Mr. Brey, as Mr. Brey suggested that we do not reduce below those
standards, and incorporating housekeeping items.
It was moved by Cr. Becker, seconded by Cr. Rupp, to finally adopt Ordinance No. 1710,
amending the Bozeman Municipal Code by revising Title 17 and adding a new chapter to be
numbered Chapter 17.02, providing for a new title for Housing and a new chapter for
Workforce Housing, incorporating the language as suggested by Mr. Brey, as Mr. Brey
suggested that we do not reduce below those standards, and incorporating housekeeping
items.
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2:59:01 Amendment to Motion
It was moved by Cr. Kirchhoff to propose an amendment to the motion and make a couple of
additions. The first one is in Cost Offsets 17.02.060 in 1. where it says, "The reduction of
parkland shall be 1:1 ratio," I would change just the ratio number in that first line from 1:1
ratio to 2:1. I would eliminate the second sentence of two sentences in point 3. in Cost Offsets
that says, "Additional parkland does not have to be provided for housing created through
this density bonus provision." I would suggest that we adopt the review language of Simon
(Alejandrino) from Bay Area Economics when he suggested that instead of simply doing a .4
calculation across the board that we do either/or, either a .4 calculation or a 10% of all units
that is deriving the WHUs (Workforce Housing Units) that will be dedicated, whichever is
higher.
3:00:51 Mayor Krauss
Mayor Krauss made one point of order and asked Cr. Kirchhoff if he wanted to make those
individually or do them all at once (as one motion).
3:01:13 Cr. Kirchhoff
Cr. Kirchhoff stated that he wanted to make these motions separately, and he wanted to do them
from the bottom up (with the .4 or 10%).
3:01:17 First Amendment to the Motion
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to start with the .4 or 10%,
whichever achieves a higher number of WHUs (Workforce Housing Units), just picking up on
a concern that we get at least the 10% target that we contemplated from the beginning
although we've come down. Originally, remember, we started two years ago with 25%, and
now there is a fear that we might be getting somewhere around 8% so I think if we were to
try to ensure that just as there is a minimum park requirement, a minimum WHU
requirement of 10%, I think if we adopted Simon's suggestion (Simon Alejandrino from Bay
Area Economics) that would be a fairly painless fix.
3:06:02 Vote on the First Amendment
[It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to start with the .4 or 10%,
whichever achieves a higher number of WHUs (Workforce Housing Units), just picking up on
a concern that we get at least the 10% target that we contemplated from the beginning
although we've come down. Originally, remember, we started two years ago with 25%, and
now there is a fear that we might be getting somewhere around 8% so I think if we were to
try to ensure that just as there is a minimum park requirement, a minimum WHU
requirement of 10%, I think if we adopted Simon's suggestion (Simon Alejandrino from Bay
Area Economics) that would be a fairly painless fix.]
Those voting Aye being Crs. Kirchhoff and Jacobson.
Those voting No being Crs. Becker, Rupp, and Mayor Krauss.
The motion failed 2-3.
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3:06:54 Second Amendment to the Motion
It was moved by Cr. Kirchhoff to amend the motion to strike the second sentence in point 3.
in Cost Offsets (from 17.02.060 Cost Offsets A. 3. "Additional parkland does not have to be
provided for housing created through this density bonus provision.").
3:12:49 Vote on the Second Amendment
[It was moved by Cr. Kirchhoff to amend the motion to strike the second sentence in point 3.
in Cost Offsets (from 17.02.060 Cost Offsets A. 3. "Additional parkland does not have to be
provided for housing created through this density bonus provision.").]
Those voting Aye being Crs. Kirchhoff and Jacobson.
Those voting No being Crs. Becker, Rupp, and Mayor Krauss.
The motion failed 2-3.
3:13:12 Withdrawal of Amendment
Cr. Kirchhoff withdrew his amendment which was to change the ratio from 1:1 to 2:1 under
17.02.060 Cost Offsets A.1.
3:13:27 Vote to finally adopt Ordinance No. 1710, amending the Bozeman Municipal Code by
revising Title 17 and adding a new chapter to be numbered Chapter 17.02, providing for a
new title for Housing and a new chapter for Workforce Housing, incorporating the language
as suggested by Mr. Brey, as Mr. Brey suggested that we do not reduce below those
standards, and incorporating housekeeping items.
[It was moved by Cr. Becker, seconded by Cr. Rupp, to finally adopt Ordinance No. 1710,
amending the Bozeman Municipal Code by revising Title 17 and adding a new chapter to be
numbered Chapter 17.02, providing for a new title for Housing and a new chapter for
Workforce Housing, incorporating the language as suggested by Mr. Brey, as Mr. Brey
suggested that we do not reduce below those standards, and incorporating housekeeping
items.]
Those voting Aye being Crs. Becker, Rupp, and Mayor Krauss.
Those voting No being Crs. Kirchhoff and Jacobson.
The motion carried 3-2.
Approved new language in Section 17.02.060 Cost Offsets (see revised number 3. below) and
house-keeping items from the July 16, 2007 staff memo:
1. There are two places in the Ordinance where the UDO is described as the Uniform
Development Ordinance. These should be revised to use the correct term, Unified
Development Ordinance (UDO).
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2. The minimum lot size for single household dwelling units is increased from 2500 to
2700 square feet. As explained in the memo for the UDO ordinance: The housing type table in
77 Section 17.02.050 calls for a range of smaller allowed lot size, however Ordinance 1710 also
requires compliance with all standards of Title 18. These standards include those for block
sizing and others where a lot of 2,500 square feet may not be achievable. The 2,700 foot lot
size is approximately the mid-point in the suggested range of lot sizes and also allows for a
200 foot deep block, 20 foot alley, and 90 foot deep lots. The Commission may direct the use
of a smaller lot size at this time and the design of subdivision blocks would have to change to
accommodate, likely with end cap lots on blocks a practice which has been discouraged by the
Commission in the past.
3. A Commissioner questioned the amount of parkland reduction provided if a developer
chose to place the WHU’s on large lots. After discussion with several task force members, it
was determined that the intent was to provide offsets only for the minimum required number
of lots at the minimum lot size. It is likely and the task force assumed that the proposed
reduction in parkland dedication would still fall within the requirements of State Statute. In
the event that the reduction might extend beyond the statutory minimum, the ordinance
should be revised to confirm that the statutory minimum must be maintained.
To accomplish these revisions, the following changes are necessary in Section 17.02.060:
"The reduction of parkland for WHU shall be a 1:1 ratio based on the minimum required
square footage of the lot area of the minimum required number of lots. For example, if
50,000 square feet of WHU lots are required then there shall be a reduction in the required
parkland area of 50,000 square feet. If the developer chooses to develop more than the
required WHU lots the additional lot area square footage, above the minimum required, shall
not reduce the parkland area below the statutory minimum required. If the developer
chooses to develop the required WHU lots on lots larger than the minimum required lot area,
the additional lot area square footage, above the minimum required, shall not reduce the
parkland area below the statutory minimum required. The reduction of parkland shall be
allowed for WHUs and/or lots provided offsite but only to the extent of the minimum
required WHU lot area for the development applying for this parkland offset and only
applied on the site of the development applying for the parkland offset. The work force
housing park dedication reductions can not cause a subdivision to provide less than the
minimum amount of parkland required by Section 76-3-621 of state law."
4. The numbering at the end of the ordinance should be standardized with 17.02.085
becoming 17.02.090 and 17.02.090 becoming 17.02.100 and 17.02.095 becoming 17.02.110.
5. In the motion provisionally adopting the ordinance, the Commission removed the last
sentence from 17.02.080 F.1. 17.02.080 Occupancy Requirements: F. Sustained affordability:
The following measures will be applied to ensure that sustained affordability is achieved in
the workforce housing: 1. Appreciation on the unit will be capped at 4.5% per year,
maximum. A person purchasing a WHU will only be eligible to receive a maximum of 4.5%
appreciation each year. This is the maximum appreciation allowed, not the guaranteed rate of
appreciation. Purchasers will receive a maximum appreciation schedule at closing.
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3:14:02 Mayor Krauss
Mayor Krauss declared a 10 minute break.
3:14:06 Break
3:27:08 4. Finally adopt Ordinance No. 1709, Workforce Housing Amendments to Title
18, Unified Development Ordinance, to correspond with Ordinance No. 1710 (Saunders)
3:28:23 Mr. Saunders
Mr. Saunders presented the staff report which addressed the changes in the ordinance between the
first and second reading. He also asked for clarification from the Commission on four items.
3:33:45 Public Comment
Mayor Krauss opened public comment.
3:33:55 Rob Pertzborn - Public Comment
Mr. Pertzborn, who resides at 518 N. Tracy, questioned the requirements of RSL's in the ordinance.
3:34:48 Public Comment closed.
Mayor Krauss closed public comment.
3:35:32 Motion to finally adopt Ordinance 1709, Workforce Housing Amendments to Title 18
of the UDO to correspond with Ordinance 1710 with an effective date of August 15, 2007 with
a prohibition.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to finally adopt Ordinance 1709,
Workforce Housing Amendments to Title 18 of the UDO to correspond with Ordinance 1710
with an effective date of August 15, 2007; inherent in my motion is that we would prohibit the
provision of more (than the minimum number of lots/dwellings required by proposed
Chapter 17.02.).
3:39:28 Cr. Becker
Cr. Becker asked if Cr. Rupp would like to extend the prohibition to ADU's in this motion, or make
a separate motion.
3:39:34 Clarification of Motion and Second of Motion
Cr. Rupp stated that he wanted to include prohibition of ADU's in this motion, and Cr. Kirchhoff
seconded the clarification so that the motion has two prohibitions in it.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to finally adopt Ordinance 1709,
Workforce Housing Amendments to Title 18 of the UDO to correspond with Ordinance 1710
with an effective date of August 15, 2007, and prohibit the provision of more (than the
minimum number of lots/dwellings required by proposed Chapter 17.02.), and extend the
prohibition to ADU's.
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3:42:47 Vote to finally adopt Ordinance 1709, Workforce Housing Amendments to Title 18 of
the UDO to correspond with Ordinance 1710 with an effective date of August 15, 2007 with
two prohibitions.
[It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to finally adopt Ordinance 1709,
Workforce Housing Amendments to Title 18 of the UDO to correspond with Ordinance 1710
with an effective date of August 15, 2007, and prohibit the provision of more (than the
minimum number of lots/dwellings required by proposed Chapter 17.02.), and extend the
prohibition to ADU's.]
Those voting Aye being Crs. Rupp, Becker, and Mayor Krauss.
Those voting No being Crs. Kirchhoff and Jacobson.
The motion carried 3-2.
3:43:22 5. Provisionally Adopt Ordinance No. 1711, Workforce Housing Revisions to Title
3.24 concerning Impact Fees (Luwe)
3:47:04 Motion and Vote to provisionally adopt Ordinance 1711, Workforce Housing
Revisions to Title 3.24 concerning Impact Fees (Luwe).
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to provisionally adopt Ordinance
1711, Workforce Housing Revisions to Title 3.24 concerning Impact Fees (Luwe).
Those voting Aye being Crs. Kirchhoff, Jacobson, and Rupp.
Those voting No being Cr. Becker and Mayor Krauss.
The motion carried 3-2.
3:48:00 6. (Re)Appointments to the IDB/TIF (Downtown Bozeman Improvement District)
Board (Delaney)
3:49:06 Motion and Vote to reduce the number of IDB/TIF members to five voting members
and to two non-voting members.
It was moved by Cr. Jacobson, seconded by Cr. Becker, to reduce the number of IDB/TIF
members to five voting members and to two non-voting members.
Those voting Aye being Crs. Jacobson, Becker, Rupp, Kirchhoff, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
3:49:34 Mayor Krauss' Appointments to IDB/TIF Board
Mayor Krauss stated that he gets to appoint members to this board unless the Commission objects.
He appoints Barbara Bear (voting vacancy for the term that expired on June 30, 2007), Thail
Davis (voting vacancy for a term to expire on June 30, 2010), and Doug Fletcher (non-voting
vacancy for a term to expire on June 30, 2009).
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3:50:05 Cr. Rupp
Cr. Rupp objected and wanted to see Mr. Fletcher on the voting vacancy.
3:50:20 Mayor Krauss
Mayor Krauss declined to make that appointment.
3:50:26 Mayor Krauss
Mayor Krauss stated since he makes the appointments on the Commission's advice and consent,
and since Cr. Rupp doesn't consent, that will be an empty position with no one there.
3:52:28 Cr. Rupp
Cr. Rupp stated that he is comfortable with the recommendations of staff, which would be the
reappointment of Barbara Bear and the filling of the voting vacancy by Doug Fletcher. He wanted
to go on record saying that he is not in agreement with Mayor Krauss' decision.
3:52:47 Cr. Jacobson
3:53:23 Mayor Krauss' Final Appointment to the IDB/TIF
Mayor Krauss reappointed Barbara Bear to the IDB/TIF with the consent of the
Commission.
3:53:34 7. (Re)Appointments to the BID (Downtown Business Improvement District)
Board (Delaney)
3:54:35 Motion and Vote to appoint Travis Collins, Dan Himsworth, Buck Taylor, and Dan
Harding.
It was moved by Cr. Jacobson, seconded by Cr. Becker, to appoint Travis Collins and the
three new applicants: Dan Himsworth, who owns Insty Prints; Buck Taylor, who is the
administrator of the Gallatin Community Clinic; and Dan Harding, who is Intrinsik
Architecture and Celery Furniture (to the BID Board).
Those voting Aye being Crs. Jacobson, Becker, Rupp, Kirchhoff, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
3:55:13 8. Schroeder Zone Map Amendment #Z-07107 (Knight)
3:59:19 Susan Kozub, Applicant
Ms. Kozub, of Intrinsik Architecture, representing Larry Schroeder, passed out the applicant's
requested change for condition #3 (the applicant's addition/change begins at the asterisk).
"Because the proposed zoning designation of R-O (Residential Office District) allows for a mix of
uses, and the actual residential density of the project is unknown, we request that the following
language be added to Contingency #3:
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3. Parkland dedication, or cash-in-lieu of, shall be provided prior to final adoption of the
ordinance for this Zone Map Amendment. A fair market appraisal shall be provided for the
calculation of cash-in-lieu of parkland. This appraisal shall be for the fair market value of un-
subdivided, unimproved, annexed, and zoned property. This appraisal shall be no sooner than 90
days prior to the submittal of the final maps and exhibits. The City Commission must approve all
cash in lieu donations for parkland. *If cash-in-lieu of dedicated parkland is provided, the owner
shall pay an amount equal to 8 units per acre prior to final adoption of the ordinance for the Zone
Map Amendment and shall record a deed restriction for each lot stating the following: 'If any
development review application is proposed with a density greater than 8 units per acre, cash-in-
lieu of parkland must be paid for the additional units up to the established cap of 12 units per acre
prior to Final Site Plan approval.' "
4:00:15 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
4:02:03 Motion to approve the Schroeder Zone Map Amendment with the contingencies listed
on page 2 as amended for item 3 by applicant.
It was moved by Cr. Becker to approve the Schroeder Zone Map Amendment with the
contingencies listed on page 2 as amended for item 3 by applicant.
4:03:05 Second of Motion
Cr. Rupp seconded Cr. Becker's motion.
4:03:16 Vote to approve the Schroeder Zone Map Amendment with the contingencies listed
on page 2 as amended for item 3 by applicant.
[It was moved by Cr. Becker to approve the Schroeder Zone Map Amendment with the
contingencies listed on page 2 as amended for item 3 by applicant.]
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
Revised Contingency #3:
3. Parkland dedication, or cash-in-lieu of, shall be provided prior to final adoption of the
ordinance for this Zone Map Amendment. A fair market appraisal shall be provided for the
calculation of cash-in-lieu of parkland. This appraisal shall be for the fair market value of un-
subdivided, unimproved, annexed, and zoned property. This appraisal shall be no sooner
than 90 days prior to the submittal of the final maps and exhibits. The City Commission must
approve all cash in lieu donations for parkland. If cash-in-lieu of dedicated parkland is
provided, the owner shall pay an amount equal to 8 units per acre prior to final adoption of
the ordinance for the Zone Map Amendment and shall record a deed restriction for each lot
stating the following: "If any development review application is proposed with a density
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greater than 8 units per acre, cash-in-lieu of parkland must be paid for the additional units
up to the established cap of 12 units per acre prior to Final Site Plan approval."
Refer to page 2 in Zoning Commission Resolution #Z-07107 in the July 16, 2007 packet for
the other contingencies.
4:03:29 9. Smith Garage Accessory Dwelling Unit Certificate of Appropriateness with
Deviations #Z-07138 (Kramer)
4:03:38 Introduction of Courtney Kramer, New Assistant Planner
Mr. Epple introduced Courtney Kramer as a new assistant planner on historic preservation issues.
4:07:48 Suspension of Rules for 15 Minutes
Mayor Krauss suspended the Rules of Procedure for 15 minutes until 10:15 pm to get through this
item.
4:11:38 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
4:12:52 Cr. Rupp wanted to acknowledge for the record that he spoke briefly with this applicant at
the Art Walk.
4:13:11 Motion to approve the Smith Garage Accessory Dwelling Unit Certificate of
Appropriateness with Deviations #Z-07138 as conditioned by staff.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve the Smith Garage
Accessory Dwelling Unit Certificate of Appropriateness with Deviations #Z-07138 as
conditioned by staff.
4:14:58 Vote to approve the Smith Garage Accessory Dwelling Unit Certificate of
Appropriateness with Deviations #Z-07138 as conditioned by staff.
[It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve the Smith Garage
Accessory Dwelling Unit Certificate of Appropriateness with Deviations #Z-07138 as
conditioned by staff.]
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, and Becker.
Those voting No being Mayor Krauss.
The motion carried 4-1.
Refer to the Staff Report in the July 16, 2007 packet for the Conditions of Approval.
4:16:24 Motion and Vote to suspend the Rules.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to suspend the rules and do a little
more business, starting with the street vacation request.
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Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, and Rupp.
Those voting No being Mayor Krauss.
The motion carried 4-1.
4:17:02 10. Street Vacation Request - Portion of East Lamme Street (Kerr)
4:19:57 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
4:19:59 Motion to approve the Street Vacation Request for a portion of E. Lamme Street.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve the Street Vacation
Request for a portion of E. Lamme Street.
4:20:13 Mr. Kerr
Mr. Kerr stated that they need to clarify, and he thinks the motion might be better to direct staff to
bring back a resolution to vacate the right-of-way, and that is usually brought back in a couple
weeks or a month and is done under Consent.
4:21:18 Clarification of Motion and Second
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to direct staff to bring back a
resolution to vacate the right-of-way and that is usually brought back in a couple weeks or a
month and is done under Consent.
4:21:31 Vote to direct staff to bring back a resolution to vacate the right-of-way and that is
usually brought back in a couple weeks or a month and is done under Consent.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to direct staff to bring back a
resolution to vacate the right-of-way and that is usually brought back in a couple weeks or a
month and is done under Consent.
Those voting Aye being Crs. Kirchhoff and Jacobson.
Those voting No being Crs. Becker, Rupp, and Mayor Krauss.
The motion failed 2-3.
4:22:41 12. Resolution No. 4041, Final Creation of Special Improvement Lighting District
#700, Annie Subdivision Phases 3B & 3C (Rosenberry)
4:22:51 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
4:23:00 Motion to continue this hearing on the Special Improvement Lighting District until
the next . . .
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It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to continue this hearing on the
Special Improvement Lighting District until the next . . .
4:23:07 Clarification of Motion
Cr. Becker interrupted to suggest that they just vote on it, and Crs. Kirchhoff and Jacobson agreed.
4:23:11 Public hearing closed.
Mayor Krauss closed the public hearing.
4:23:27 Motion and Vote to approve Resolution No. 4041, Final Creation of Special
Improvement Lighting District #700 (Annie Subdivision Phases 3B & 3C).
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve Resolution No. 4041,
Final Creation of Special Improvement Lighting District #700 (Annie Subdivision Phases 3B
& 3C).
Those voting Aye being Crs. Kirchhoff, Jacobson, Rupp, and Mayor Krauss.
Those voting No being Cr. Becker.
The motion carried 4-1.
4:24:03 I. FYI/Discussion
4:24:05 J. Adjournment
Mayor Krauss adjourned the meeting.
______________________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________
Cynthia Jordan Delaney, Deputy City Clerk
Approved on ___________________________.
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