HomeMy WebLinkAbout05-11-2015 Archive City Commission Minutes Co.
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday,May 11,2015
Mayor - Jeff Krauss: Present
Deputy Mayor - Carson Taylor: Present
Commissioner- Chris Mehl: Present
Commissioner - Cynthia Andrus: Present
Commissioner- I-Ho Pomeroy: Present
Staff Present: City Manager Chris Kukulski, Administrative Services Director Anna
Rosenberry, City Attorney Greg Sullivan and City Clerk Stacy Ulmen.
A. 05:02:47 PM Call to Order—5:00 pm—Commission Room, City Hall, 121
North Rouse
Mayor Krauss called the meeting to order at 5:02 p.m.
B. 05:02:57 PM Pledge of Allegiance and a Moment of Silence
C. 05:03:38 PM Changes to the Agenda
Mayor Krauss would like to move Action Items 6 & 7 Items to 2 & 3.
D. 05:04:30 PM Consent
1. Authorize Payment of Accounts Payable Claims for Goods and Services
(LaMeres)
2. Professional Services Agreement for Lawn Maintenance of City Facilities
to Solstice Landscaping LLC (Goehrung)
3. Professional Services Agreement for Lawn Care Services for the Story
Mansion site to Ar owLeaf Lawn& Landscape, LLC (Goehrung)
4. Professional Services Agreement with Gradient Systems for Utility and
Resource Tracking Software (Meyer)
5. Findings of Fact and Order for the Allison Phase 3 Major Subdivision
Preliminary Plat, Application P15007 (Davis)
6. Findings of Fact and Order for Cattail Properties, Major Subdivision
Preliminary Plat,Application P15054 (Brekke)
7. Ratify Grant Application to Montana Disaster and Emergency Services —
Homeland Security for the amount of$55,000 for the purchase of Portable
2-way radios (McLane)
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8. Resolution 4595 allowing the City Of Bozeman to sell its 1995 Ford L800
Vac Con Sewer Flusher/Vacuum Truck in the amount of $15,000 to the
Town of Manhattan(Alston)
05:04:33 PM City Manager overview of Consent Items.
City Manager Chris Kukulski gave an overview of the Consent items.
05:05:46 PM Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
05:05:55 PM Motion and Vote to approve Consent Item 1-8 as submitted.
Deputy Mayor- Carson Taylor: Motion
Commissioner- I-Ho Pomeroy:
Mayor- Jeff Krauss: Approve
DeputMayor - Carson Ta l�pprove
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner- I-Ho Pomeroy: Approve
05:06:15 PM National Police Week.
Mayor Krauss announced that this week is National Police Week and recognized the
Bozeman Police Department.
E. 05:06:59 PM Public Comment
Mayor Krauss opened public comment.
No person spoke.
Mayor Krauss closed public comment.
F. 05:07:35 PM Special Presentations
1. 05:07:38 PM Public Works Department Awards (Woolard)
The Sourdough Water Treatment was nominated and received 2 awards
from the American Consulting Engineering Council. The plaque will be
displayed in City Hall.
2. 05:09:25 PM Southwest Montana Building Industry Association
(SWMBIA) Affordable Housing Update (Brian Popiel, Chairman)
Mr. Popiel spoke regarding the exploration of the Werworth Affordable Housing
recommendations as presented to the Commission a few months ago. He highlighted the
sales of affordable units sold between 2009-2015. They recommend that a comprehensive
rewrite of the Unified Development Ordinance take place and that there be an emphasis
on removing inclusionary zoning, alternate living arrangements such as cottage housing,
house/pocket neighborhood ordinance, and accessory dwelling unit ordinance. The City
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should take a look forward and do a building lot assessment. There is a shortage of
buildable lots. He urged that the City should issue a request for proposals for the creation
of xx number of units based on the City's stated goals and direct down payment
assistance for xx number of households. Mr. Popiel stated that SWMBIA is supportive of
the subsidy list provided that all incentives are voluntary. He then spoke regarding
inclusionary zoning and affordability for all. He urged that the building community be
empowered to help build a better Bozeman.
05:28:23 PM Commission questions for Mr. Popiel
Mr. Popiel and the Commission discussed the target levels, the need for a copy of the
power point, price point housing, AMI percentages, SWMBIA's involvement and what
they can provide including livelihood, the 125 lots that are currently listed on the MRL,
industry demand and capacity, the lack of inventory for a year supply and the rising
costs because of this, the reason why builders want to build affordable housing and
profit being tied to business models.
G. 05:37:50 PM Action Items
1. 05:38:04 PM Presentation of the Fiscal Year 2015-2016 City Manager's
Recommended Budget(Rosenberry)
05:3 8:14 PM Staff Presentation
City Manager Chris Kukulski began the presentation of the Fiscal Year 2015-2016 City
Manager's Recommended Budget. This is centered around the Commission's adopted
goals.
05:39:14 PM Anna Rosenberry, Director of Administrative Services
Ms. Rosenberry spoke regarding the focus within the budget including transportation
projects, discussions of transportation improvements and the reappraisals of properties,
the notable change of the failed Justice Center bond, funding groundwork for growth and
future development of the City, timeframes, prior year budgets for the City, the fact that
we have had a significant investment in Capital projects, the significant issues this year
including increasing transportation funding, requests for added staffing, funding story
mill landfill project costs, and allocating more money to affordable housing efforts, the
revenues estimated and expenditures estimates, existing cash balances, revenue sources,
the Top 10 largest project list, staffing levels, the levels of City employees per 1,000
residents, the General Fund beginning balance and ending balance with this budget, the
amount of reserve that must be in place, costs and revenues in the General Fund, property
taxes, intergovernmental revenues, entitlement share revenues, the City's taxable value in
that it is going down, the increase in tax rates, adjustments of the mill levy, property
values decreasing, the General Fund priorities including continuation of existing
commitments and program support, future capital priorities of the Justice Center and
Aquatics and Accomplishing Commission Goals, the Capital projects within the General
Fund, the Street Maintenance Districts and Assessments and the increase proposed and
what they are targeting, the amount of increase per an average sized lot, the proposal of a
New Arterial and Collector Street District, the target amounts for local share and the
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amount of the assessment for an average sized lot, the tree maintenance district
assessment, the water utility and the recommendation that the Commission adopt two
years of rates, capital projects in the water fund, staffing increases and the increases cost
to a resident, the wastewater utility capital projects, staffing increases and the increased
cost to a resident, the stormwater utility rate implementation, capital projects and the
increased costs to a residential customer, the solid waste budget with no increases in the
rates, the tax levy and that they are estimated and then set in August, the requirement of
setting the levy for all properties, the details related to the 34.95 mills, the summary of a
FY16 typical City resident annual cost adjustments and then the work sessions and
hearing timelines.
06:26:20 PM Commission questions for Staff
The Commission and staff discussed the fact that the City is growing, the fees,the danger
of six year appraisals, and positive growth through the recession, follow up with the
press, the focus on the increase of mills and the impacts if we only levied the existing
amount of mills, when the property values were last looked at, how many other cities are
below the cap and the need to find this out before the next meeting, the desire to know
what the cemetery and recreation numbers are in the general fund, the intergovernmental
amount in the General Fund, grant funding which is listed in a special revenue fund, a
designated grant person and if there is a need for one, new arterial assessments, the
increase in Library staffing, continued demand for services in the Library, subsidy for
planning and how it is in comparison to other years,the funding of long range planning in
Community Development, the additional FTE in the Stormwater Department and the
need for it and the need to know this later in future discussions, assumptions on the
impact of the ending fund balance that could go wrong such as rainy day funds, the
situation at the landfill, the sale of the North Park property, the August 22nd deadline for
the North Park property closing, the number in the reserve fund, unanticipated costs, belt
tightening over the last year because of the change in the numbers.
2. 06:50:17 PM Resolution 4586, creation of Special Improvement Lighting
District No. 724 for Norton East Ranch Subdivision Phase 3 (Rosenberry)
06:50:29 PM Staff Presentation
Administrative Services Director Anna Rosenberry gave the Staff presentation for
Resolution 4586, creation of Special Improvement Lighting District No. 724 for Norton
East Ranch Subdivision Phase 3.
06:51:58 PM Commission questions for Staff
None.
06:52:07 PM Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
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06:52:16 PM Motion and Vote to approve Commission Resolution 4586, creation of
Special Improvement Lighting District No. 724 for Norton East Ranch Subdivision
Phase 3.
Commissioner- I-Ho Pomeroy: Motion
Commissioner - Chris Mehl: 2nd
Mayor- Jeff Krauss: Approve
Deputy Mayor - Carson Ta. l�pprove
Commissioner - Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner- I-Ho Pomeroy: Approve
3. 06:52:45 PM Resolution 4592, creation of Special Improvement Lighting
District No.725 for Partridge Downs Subdivision(Rosenberry)
06:53:03 PM Staff Presentation
Director of Administrative Services Anna Rosenberry gave the Staff presentation for
Resolution 4592, creation of Special Improvement Lighting District No.725 for Partridge
Downs Subdivision.
06:54:00 PM Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
06:54:08 PM Motion and Vote to approve Commission Resolution 4592, creation of
Special Improvement Lighting District No. 725 for Partridge Downs Subdivision.
Commissioner - I-Ho Pomeroy: Motion
Commissioner- Chris Mehl: 2nd
Mayor- Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
06:54:34 PM Break
Mayor Krauss declared a break.
07:17:02 PM Meeting called back to order
Mayor Krauss called the meeting back to order.
07:17:53 PM Public Comment on the Budget
Mayor Krauss opened public comment on the budget.
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07:18:17 PM LeifSundein,Public comment
Mr. Sundein stated that he was encouraged about the affordable housing efforts. He
spoke regarding the Law and Justice Center bond that failed and that he has concerns
regarding the costs for consulting. He spoke regarding the need of supporting the Unified
Development Code efforts within the budget. We need a well written and clean UDO so
that a builder can meet those goals. There is a need for a clear process.
07:21:29 PM Public Comment closed
Mayor Krauss closed public comment.
4. 07:21:38 PM Martin 402 W Koch St. Certificate of Appropriateness with a
Deviation Modification, a modification to a Previously Approved
Certificate of Appropriateness with a Deviation which was to enable the
following Modifications to the Principal Residence at 402 West Koch
Street: 1) an addition to the rear of the existing building; 2) rehabilitation
of the existing residence; and 3) related site improvements. The
modification is to allow the reconstruction of the entire residence rather
than a portion of the residence, 402 West Koch Street, application Z15109
(Saunders)
07:21:59 PM Staff Presentation
Assistant Planning Director Chris Saunders gave the Staff presentation for the Martin 402
W Koch St. Certificate of Appropriateness with a Deviation Modification, a modification
to a Previously Approved Certificate of Appropriateness with a Deviation which was to
enable the following Modifications to the Principal Residence at 402 West Koch Street:
1) an addition to the rear of the existing building; 2) rehabilitation of the existing
residence; and 3) related site improvements. The modification is to allow the
reconstruction of the entire residence rather than a portion of the residence, 402 West
Koch Street, application Z15109. He went through the plan that was before the
Commission in 2014. This proposal is to construct the home that was before the
Commission on April 14, 2014. This application is an amendment to the original
application.
Two options were listed for the Commission's consideration:
Option A. Determine deviation is available and appropriate to restore home and local
character. A re-submittal of building plans to the building department would need to
occur. Impact fees and inspections.
Option B. Determine deviation not available and application must comply. Requires
redesign of the house. The application would need to be redesigned.
07:33:23 PM Commission questions for Staff
The Commission spoke regarding disclosures, the new condition number 5 of two
bedrooms and parking, how ADUs and parking requirements work, how a bedroom is
defined, how bathrooms are defined, the main level plan as submitted by the applicant,
the room titled office with a bathroom next to it, the second location of the bathroom near
the mudroom, requirements of noticing in restrictions, inspections throughout the
construction process, the lot size, if the City approved an entire demolition with the
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answer of no, the presumptions of staff mistakes, and staff changes of cleaning up a clear
scope by applicants, the requirements related to demolitions, how the building official
will handle the building of a new structure in which he felt it would be easier to rebuild
rather than renovate, last week's approval of a temporary ADU, a condition related to the
ADU and its future, the fact that the building will be safer by rebuilding, the reason for a
deviation instead of a variance in that a deviation hinges on an active application and also
by looking at the character and nature of the neighborhood and the fact that they are
building the home in the same footprint, the fact that they are in the historical overlay
district, the allegations that the City made mistakes on the prior application and the
Building Inspector's review of the application and the building permit, three walls and
the basement were to be left upon the prior vote by the Commission, timeframes for the
City to take action on this, the merits of asking for a variance, the purpose of a variance
in that it is emergency in nature, hardships, the proposed house size and shifting the
location of the house.
07:57:49 PM Applicant Presentation
The Applicant representative spoke regarding the map that she handed out. This map
includes positive comments from the neighbors. It comes down to the historical nature of
what they want to do. She spoke regarding the adjacent neighbor and impacts if the house
is moved, the fact that there is a large tree to the north and if the house is moved it will
need to be taken down, the need of maintaining the historical feel, the fact that the
bathroom that was taken out that Deputy Mayor Taylor was concerned about.
08:02:05 PM Commission questions for the Applicant and Staff
The assumptions of a City error on this project, the fact that the design of the building has
changed, the fact that outside of the home has not changed, compliance with building
plans, the representative's approval of the staff analysis, approval of floor plans if they
affect the overall items such as parking, the fact that COA's are based on the exterior, if
the Commission is only approving the exterior, why are they getting plans with the
interior,how a replica can be deemed historic,repurposing doors and windows,the City's
receipt of the original application, and the fact that the interior use of the project shapes
the exterior and the amount of bedrooms for parking spaces,.
08:09:22 PM Public Comment
Mayor Krauss opened public comment.
08:09:25 PM George Thompson,Public Comment
Mr. Thompson spoke regarding affordable housing and the fact that this is a larger home
than the others in the area. He spoke regarding a prior architect project where a larger
home was built. By doubling the cost, it removes the affordability. This is a slippery
slope they are heading down.
08:12:41 PM Dom-Neavnor,Public Comment
Mr. Neavnor stated that he has been a builder for 30 years and is a close friend of the
applicants. He feels that the City was in error with this project. The City didn't recognize
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the significance of this building. Neighbors did not have the option of expressing their
concerns.
08:16:22 PM Ed Adamson,Public Comment
Mr. Adamson stated that he is a builder and spoke regarding complying to city standards.
He spoke regarding partial demolishment projects that he has done in conjunction with
the City in the past. He followed the letter of the law. He doesn't understand why they
would get special treatment. So many of us have conformed to this process in the past.
08:18:56 PM Julie Vineon,Public Comment
Ms. Vineon stated that she is a neighbor to this property. She would like to see the house
remain in its original setback. Her concern is moving the footprint.
08:20:32 PM Public Comment closed.
Mayor Krauss closed public comment.
08:20:50 PM Applicant or Staff further comments
The City Attorney spoke regarding the violations that have occurred with this project.
Staff has been working on gathering information. Any decision to proceed on violations
would be enforced by the City Attorney's office.
08:22:34 PM Commission discussion
The Commission stated that there is a need for exact details of what is changing and not
changing.
Cr. Mehl stated that he agrees with the neighbor. A hole in the ground does not suit the
neighborhood well. He is frustrated with staff because a narrow application and the $1
value and that we said we couldn't tear it down. Good policy is not jumping from
example to example, we will have a precedent on the books if we allow this, this is
setting a precedent and how can we not have this happen again, he understands where the
neighbors are coming from in that they want anything there now that there is a hole. He is
frustrated that they cannot discuss the policy of this item. This building is listed as
historical and should have been protected.
Deputy Mayor Taylor addressed public comment and the perceived staff s error. This
project was discussed last April and it was explicit that walls were going to be saved, the
Commission was clear that only a partial demolition was approved. In the same meeting
the ADU was not requested nor authorized. His conclusion is that this is a three bedroom
house. How do we look at conditions and ensure they are followed in the future. He
spoke regarding value. In this case it was how to save this house. We are stretching
reality when we are now asking for a deviation. We are rebuilding the foundation. There
is no way the variations are being met. Change the condition that this is a two bedroom
house and that the ADU would be dismantled. He is in support of Cr. Mehl's suggestion.
Cr. Andrus spoke regarding the original motion. We are starting over because there is
no house. She has big concerns of deviations or variances and she agrees with Cr. Mehl.
Need to get answers to the questions. The idea here is not to punish the applicant and
look at the greater good of the Community. She is looking out for the future of what will
be built here. There are many pieces that need to be looked at.
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Cr. Pomeroy stated that she likes democracy. American's like to preserve things.
Preserving houses and building so that we can remember things. She understands Cr.
Mehl's frustration, she is concerned about the next person. She understands that they
failed to follow the rules. The decision is to leave a hole in the ground or approve it. We
have to decide how to move forward. Punishment is not constructive. She spoke
regarding another project where a house was built. She feels the Martin's will build a nice
home.
Mayor Krauss stated that his focus is going forward. He spoke regarding affordability
and he agrees with removing the temporary ADU at occupancy. We cannot afford to be
judge,jury and executioner. We do not do ad hoc policy. He does not see that our policies
have been failures. His concern is one wall etc. and at what point do you no longer have a
historical building. The preservation and the history of the streetscape exists but the
building is lost and that decision is beyond him. Is it a deviation or a variance, this is a
judgment call and we are here to make the judgment. He spoke regarding the alley and
stated that staff gave good reasons for a deviation. He stated that there better be some
good reasons behind delaying it. It needs to be tied to something. It is after the fact. A
specific timeframe needs to be made. Many of the public comments are based on the next
person. He is only focused on this COA.
08:48:33 PM Delay of this decision until June 8th.
Cr. Mehl stated that he would like to delay this decision until June 8th so that more
information can be collected on the following items:
• Clarification of Condition 5 in regards to the number of bedrooms vs parking.
with possible alternative language to condition 5 including two different ways of
doing it. The ADU or ensuring only it is a 2 bedroom house.
• The need for the final plans.
• Deviations and Variance and the need for more options because it seems that the
recommendation is one sided.
The Commission discussed the need to have a policy discussion related to demolitions
and historic structures and application review along with variances and deviations. Mayor
Krauss would like the issue of criminality and civil penalties be discussed as well.
5. 08:58:41 PM Commission Resolution of Intent 4594, The Villas, a Growth
Policy Amendment to revise Figure 3-1, the Future Land Use Map, from
Parks, Recreation and Open Space to Residential on 6.49 acres, located
east of Manley Road, north of Turtle Way adjacent to the East Gallatin
Recreation Area, application P14051 (Saunders)
08:58:52 PM Staff Presentation
Assistant Planning Director Chris Saunders gave the staff presentation for Commission
Resolution of Intent 4594, The Villas, a Growth Policy Amendment to revise Figure 3-1,
the Future Land Use Map, from Parks, Recreation and Open Space to Residential on 6.49
acres, located east of Manley Road, north of Turtle Way adjacent to the East Gallatin
Recreation Area, application P14051. Staff is recommending favorably on this project.
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09:09:16 PM Commission questions for Staff
The Commission and Staff discussed the hydrometrics report, next steps, the institutional
controls language in the staff report, land use issues, responses to the growth policy, the
confusion of satisfying condition 1, the fact that staff couldn't find why there was a
transition in the past, intuitional controls of things that have not taken place yet, and the
Planning Board's motion that failed and the reason behind it.
09:19:46 PM Applicant Presentation
The Applicant representative gave their presentation regarding Commission Resolution
of Intent 4594, The Villas, a Growth Policy Amendment to revise Figure 3-1, the Future
Land Use Map, from Parks, Recreation and Open Space to Residential on 6.49 acres,
located east of Manley Road, north of Turtle Way adjacent to the East Gallatin
Recreation Area, application P14051. This property is next to City property. Residential
will be compatible with the area. The Applicant and City have spent money testing the
environmental issues. He spoke regarding proximity to utilities and the park area.
09:26:43 PM Commission questions for Applicant
The Commission and Applicant discussed the change in the zoning and the reason behind
not going to the County, the deficiency that is being met, providing housing and
minimizing sprawl, the fact that he does not agree with Staff s position on the right-a-
way, the need to go forward before more testing is done, the applicant's position that
there will be plenty of time before a subdivision is approved.
09:32:05 PM Public Comment
Mayor Krauss opened public comment.
09:32:16 PM Ed Adamson,Public Comment
Mr. Adamson stated that he is responsible for Turtle way and was told in the past that
there is not enough perk and anything in that area would need to annex. His concern is
existing traffic to the park and then adding more traffic. This growth policy amendment
has no specifics for density. Without the park, this would be approved. He is concerned
of legal issues with access to the park. He feels this is too open ended.
09:36:31 PM Brad Earnman,Public Comment
Mr. Earnman lives in the area and is an advocate for the park. He is concerned about
issues to the park if a high density project is approved. Focus on the importance of the
park. He doesn't see how the applicant's amendment meets the improvement for the City.
09:37:58 PM Public Comment closed
Mayor Krauss closed public comment.
09:3 8:09 PM City Attorney
Mr. Sullivan stated that there is a designated right of way there. Development won't
change that.
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09:38:46 PM Andy Ebighausen,Applicant Rebuttal
Mr. Ebighausen spoke regarding the condition site plan, and that to him it is much better
to use it for residential. The development will be much like Turtle Way, not high density.
He spoke regarding access to other parks in the City.
09:42:17 PM Motion that having reviewed and considered the application materials,
public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for Resolution 4594 a resolution of intent to amend the
growth policy per application PR-14051 and move to approve the growth policy
amendment with contingencies and subject to all applicable code provisions.
Commissioner- Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
09:42:56 PM Commission discussion
Cr. Andrus feels this project does not carry a deficiency. There are issues with access
and issues of what is under the ground. She does not see a compelling issues to go this
route.
Cr. Mehl spoke regarding access and feels that this is premature and he want to know
more about Mr. Heaston's memo. He wants to know more background.
Mayor Krauss stated that he doesn't feel there is an error. Industrial makes sense when
the County did their zoning. The message in the Growth policy is that the area is to be a
park. He does not feel there is a deficiency in the growth policy. The way it is going now
makes sense to him. Sometimes things are going to develop in the County.
Deputy Mayor Taylor there is not sufficient evidence.
Cr. Pomeroy will not support.
09:51:00 PM Vote on the Motion that having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the
findings presented in the staff report for Resolution 4594 a resolution of intent to
amend the growth policy per application R-14051 and move to approve the growth
policy amendment with contingencies and subject to all applicable code provisions.
Commissioner - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
Mayor- Jeff Krauss: Disapprove
Deputy Mgyor - Carson Taylor: Disapprove
Commissioner- Chris Mehl: Disapprove
Commissioner - Cynthia Andrus: Disapprove
Commissioner - I-Ho Pomeroy: Disapprove
09:52:13 PM Break
Mayor Krauss declared a break.
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6. 10:01:54 PM Affordable Housing Report and Recommended Budget for
Fiscal Year 2016 (Thomas)
10:02:28 PM Staff Presentation
Community Development Director Wendy Thomas gave the Staff presentation regarding
the Affordable Housing Report and Recommended Budget for Fiscal Year 2016. She
encouraged the Commission to set aside mills for the next 3 years. She went over the
follow up on the Werwath recommendation including unit creation, 10% of residential
units created last year, detached housing, two income tiers with target pricing and a focus
on below market rate homes. It is important that there is a follow through and
commitment. She spoke regarding Staff's approach which is to look at a five year rolling
average, look at detached and attached housing types, target incomes 60-100% AMI,
three levels weighted goals, phased production including market, program development
and adjustable. She spoke regarding three steps and timelines.
10:13:32 PM Commission questions for Staff
The Commission and staff discussed the multi tiered approach, the 3 mills for 3 years,
needs for affordable housing, phasing in programs, the AMI goal, increase and
preservation of affordable housing and if 3 mills are realistic, the fact that there is an
incredible spectrum of need and the tiers.
10:22:28 PM Public Comment
Mayor Krauss opened public comment.
10:22:35 PM Rob Evans Public Comment
Mr. Evans with SWMBIA thanked staff and the Commission for their continued debate
of this item.
10:22:54 PM Kevin Thane,Public Comment
Mr. Thane stated that he is part of the CAHAB Board. He spoke regarding existing
housing.
10:24:44 PM Dave Magisltreli,Public Comment
Mr. Magistreli stated that he is part of the CAHAB Board. He spoke regarding Habitat
for Humanity and that they need help with land.
10:25:59 PM Christian Wilcox,Public Comment
Mr. Wilcox spoke regarding affordable housing and urged the Commission to think about
the Veterans. He is not for affordable housing. You got to pull yourself up. If you give a
handout that is great. Be proud of your community, help, work, volunteer and do your
time and don't quit on your Community.
10:29:12 PM Leif Sundeam,Public Comment
Mr. Sundeam is encouraged about the other comments that were given. His concern is
with the lots to be developed. It sounds like we are going to be running out of lots. There
is a need to work to make development processes more efficient and a need to be
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cognitive of the rewrite of the UDO along with a framework. Be thoughtful about having
all of the right tools in place. He spoke regarding complexity.
10:33:07 PM Meeting extended to 11 p.m.
10:33:19 PM JeffRupp,Public Comment
Mr. Rupp representing the HRDC spoke in support of the CAHAB's request.
10:33:56 PMAndrew Woolbert,Public Comment
Mr. Woolbert thanked everyone for the efforts. He spoke regarding his concern of
inclusionary zoning, potential for deed restrictions, the need to address monitoring,
encourage further collaboration and lenders. They have been working with SWMBIA and
are seeing how the demands are being met.
10:38:17 PM Jannie Wiseman,Public Comment
Ms. Wiseman spoke regarding her first purchase of a home in Bozeman. She encouraged
the Commission to urge others in Bozeman to do the same. Encourage those in Bozeman
to invest in themselves.
10:41:50 PM Public Comment.
Mayor Krauss closed public comment.
10:42:06 PM Commission discussion
Cr. Mehl spoke regarding the road from rental to ownership. He likes deadlines. He
urged staff to continue on. He thinks it should include attached and detached. Can take up
who administers this we can take that up at a later time.
Deputy Mayor Taylor stated that he is concerned about bringing down to the 60% AMI.
He would start around 75% level. He likes the concept of a rolling average and there is a
need to set some goals. Complexity sometimes can't be avoided. The former Ordinance
objections. He does not see deed restriction as a way to bring money back.
Cr. Pomeroy stated that this is our issue. She thanked public comment. Affordable
housing is our community problem. We have an obligation to help them. She is glad that
CAHAB suggested the 3 mills and she has an interest in doing more than 3 years.
Cr. Andrus stated that she is in support. She spoke regarding the AMI figures and feels
that there is a need to look between 60-75%. She spoke regarding the tier system and that
there is a need to look at that and not always start at the top.
Mayor Krauss is glad that the community supports affordable housing instead of
blaming the builders. We need some way to incentivize building in certain areas. He
spoke regarding contributions, the mills and the community involvement. Are we going
to incentivize growth in the City or do we want to send them to Belgrade? He is against
making people work for nothing. There is a need to find willing partners who will help
with land. We need to find ways to look at kinds of affordable housing that millennial
might want to live in. Find the choke points and address them.
Page 13 of 17
May 11,2015 Bozeman City Commission Minutes
10:57:01 PM Motion and Vote to extend the meeting until item 7 is done.
Commissioner- Chris Mehl: Motion
Deputy Mayor- Carson Taylor: 2nd
Mayor- Jeff Krauss: Approve
Deputy Mayor- Carson Taylor: Approve
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner- I-Ho Pomeroy: Approve
7. 10:57:24 PM GMD Development LLC and Homeword request for
financial support from the City Affordable Housing Fund for the
construction of up to 136 units of affordable rentals on property located
between North 12th and 14th Avenues, South of Oak Street and North of
Manzanita Drive (Thomas)
10:57:33 PM Staff Presentation
Community Development Director Wendy Thomas gave the staff report for the GMD
Development LLC and Homeword request for financial support from the City Affordable
Housing Fund for the construction of up to 136 units of affordable rentals on property
located between North 12th and 14th Avenues, South of Oak Street and North of
Manzanita Drive.
11:02:03 PM Commission questions for Staff.
The Commission and Staff discussed the 60% and 40% funding recommendations, the
Staffs recommendation of splitting FY15 and FY16 funding, the applicant's prior
building projects, past track record of the applicant, if the applicant would receive other
grant funds and will the City's funding be the last one in.
11:08:08 PM Applicant Presentation
The Applicant representative gave their presentation for the GMD Development LLC and
Homeword request for financial support from the City Affordable Housing Fund for the
construction of up to 136 units of affordable rentals on property located between North
12th and 14th Avenues, South of Oak Street and North of Manzanita Drive.
11:22:25 PM Commission questions for Applicant
The Commission and Applicant discussed tax credits, the amount the City would spend
per unit, formulas, rules on compliance including income verification, the fact that a tax
credit investor is involved, the 40% and 60% and how those figures play a part in the
funding of the project, possibly less as recommended, federal rules and how long these
stay restricted, if the City gets the money back if they do not build, timeframes and
expirations and the fact that the project needs to be in place in service by the fall of 2015.
11:31:01 PM Public Comment
Mayor Krauss opened public comment.
Page 14 of 17
May 11,2015 Bozeman City Commission Minutes
11:31:10 PM Luke Howard,Public Comment
Mr. Howard spoke on behalf of SWMBIA and is in support of this request. He urged the
Commission to support this. It shows partnerships and cooperation.
11:32:57 PM JeffRupp,Public Comment
Mr. Rupp spoke on behalf of HRDC. He spoke regarding the Stoneridge project. This
would service them well. They want this project. We need to stay flexible. This is a
project that we need in Bozeman.
11:36:21 PM Andres Lewendal,Public Comment
Mr. Lewendal stated that he is part of CAHAB and they are recommending $50,000 for
this project.
11:37:08 PM Aevin Thane,Public Comment
Mr. Thane spoke regarding the AMI rents. He spoke regarding the CAHAB Vote.
11:38:16 PM Public Comment closed
Mayor Krauss closed public comment.
11:39:06 PM Motion to authorize the use of Affordable Housing Funds supporting the
GMD Development's application to the Montana Board of Housing for low income
Housing tax credits for up to 136 units of rental units affordable to household earning
60% or less of Area Median Income (AMI).
Commissioner- Chris Mehl: Motion
Commissioner - Cynthia Andrus: 2nd
11:39:40 PMAmendment to the Main Motion to make the amount$100,000.
Deputy Mayor - Carson Taylor: Motion
Commissioner- Cynthia Andrus: 2nd
11:40:08 PM Commission discussion on the Amendment
Deputy Mayor Taylor feels that we need to support this. There should be a
consideration of splitting it between the City and the for-profit developer.
Cr. Pomeroy spoke regarding clarification on the motion.
Mayor Krauss spoke regarding doing away with the 60% level and his opposition.
Cr. Mehl spoke of other programs. This program doesn't work without tax credits. They
can always come back and ask for more. He is for the $125,000-$200,000 range.
Cr. Andrus stated that she would go $150,000-$200,000.
Page 15of17
May 11,2015 Bozeman City Commission Minutes
11:47:35 PM Vote on the Amendment to the Main Motion to make the amount
$100,000.
Deputy Mayor- Carson Taylor: Motion
Commissioner- Cynthia Andrus: 2nd
Mayor- Jeff Krauss: Disapprove
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Disapprove
Commissioner - Cynthia Andrus: Disapprove
Commissioner-I-Ho Pomeroy: Disapprove
11:47:58 PM Amendment to the Main Motion to make the amount$200,000.
Commissioner- Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
11:48:06 PM Commission discussion on the Amendment
Deputy Mayor Taylor stated that he is going to vote no because he thinks this amount is
more than they need. When asked we won't be able to fund other programs. 22 houses
per year will consume more than$200,000.
Cr. Mehl stated that he is willing to take the risk.
Mayor Krauss stated that this is clearly a place where we need it. He spoke regarding
the past with this budget item. Understand that the change in the policy is the problem.
Clearly 60% is the level we need to serve.
Cr. Pomeroy stated that this is a good return on the City investment. We all know our
community needs affordable housing.
11:54:02 PM Vote on the Amendment to the Main Motion to make the amount
$200,000.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor- Jeff Krauss: Approve
Deputy Mayor- Carson Taylor: Disapprove
Commissioner - Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner-I-Ho Pomeroy: Approve
11:54:32 PM Vote on the Main Motion to authorize the use of Affordable Housing
Funds supporting the GMD Development's application to the Montana Board of
Housing for low income housing tax credits for up to 136 units of rental units
affordable to household earning 60% or less of Area Median Income (AMI) as
amended.
Page 16 of 17
May 11,2015 Bozeman City Commissioit Minutes
Commissioner- Chris Mehl: Motion
Commissioner- Cynthia Andrus: 2nd
Mayor- Jeff Krauss: Approve
Deputy Mayor- Carson Taylor: Disapprove
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner- I-Ho Pomeroy: Approve
H. 11:54:54 PM FYI/Discussion
The Staff and Commission discussed the June 29th meeting and the July 6th meeting.
They agreed that June 29th will only be a placeholder only for final budget ap�roval if
needed. The Commission would like to cancel July 6t" meeting due to the 4t of July
holiday.
I. 11:57:21 PM Adjournment
Mayor Krauss adjourned the meeting at 11:57 p.m.
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