HomeMy WebLinkAboutArchive September 21, 2015 City Commission Minutes THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, September 21, 2015
E
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, City Attorney, Greg Sullivan and Deputy City
Clerk, Pearl Michalson.
A. 06:02:15 PM Call to Order—6 p.m. - Commission Room, City Hall, 121 North
Rouse
Mary Krauss called the meeting to order at 6:02 p.m.
B. 06:02:25 PM Pledge of Allegiance and a Moment of Silence
C. 06:03:11 PM Changes to the Agenda
g g
Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the
agenda, Mr. Kukulski stated no.
D. 06:03:25 PM Consent
1. Authorize Payment of Claims for Goods and Services (LaMeres) ' a
2. Authorize the Mayor to sign a Letter of Support for National Endowment for the
Arts "Our Town" Grant related to the Trust for Public Land's Grant Application
for Story Mill Community Park (Poissant) 1N4o
3. Authorize the Mayor to execute the Substitutions of Trustee with Bozeman
Interfaith Housing, Inc. dated April 4, 1997 (Sullivan) rja
Page 1 of 10
September 21, 2015 Bozeman Draft City Commission Minutes
4. Findings of Fact and Order, Shonkwiler Addition Lot IA Subsequent Minor
Subdivision Preliminary Plat Application 15285 (Brekke) t4z
5. Sewer and Water Pipeline and Access Easement and Agreement, Sewer Pipeline
and Access Easement and Agreement and Public Trail Corridor Easement for the
Four Points Subdivision Lots 2 and 3 (Kohtz) NF
6. Resolution 4641, Confirming the Appointment of Police Officers in Accordance
with Montana Code Annotated 7-32-4108 and 7-32-4113 (Crawford) %14Z
7. Accept Justice Assistance Grant (JAG) Award from the Bureau of Justice in the
Amount of $15,481 and Authorize the City Manager to sign Grant Acceptance
(Crawford) a
8. Agreement with Montana Department of Transportation to receive $13,500 in
Overtime Funding for Select Traffic Enforcement geared toward Identifying
Impaired Driving and Enforcing Driver and Occupant Protection (Crawford)
a
9. Professional Services Agreement with R & R Taylor Construction for the
Concrete Installation in the West Parking Lot and the Old Alley Area on the
South Side of the Building, City Hall Parking Lot Drainage and ADA Exit
Improvements in the amount of$20,000 for Materials and Labor (Winn) ' k=
06:03:12 PM City Manager overview of Consent Items.
Mr. Kukulski gave an overview of each Consent Item as listed.
06:04:25 PM Public Comment
Mayor Krauss called for public comment.
No person commented.
Mayor Krauss closed public comment.
06:06:01 PM Motion and Vote to approve Consent Items 1-9 as submitted.
Commissioner-I-Ho Pomeroy: Motion
Deputy Mayor- Carson Taylor: 2nd
Mayor- Jeff Krauss: Approve
Deputy Mayor- Carson Ta l�pprove
Commissioner- Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner- I-Ho Pomeroy: Approve
E. 06:04:23 PM Public Comment—
Mayor Krauss opened up general public comment.
06:05:27 PM Rick Gale,Public Comment
Mr. Gale talked about the National Prescription Drug take-back day, on Saturday, September 26,
2015 at the Gallatin County Law and Justice Center.
Page 2 of 10
September 21, 2015 Bozeman Draft 00)Commission Minutes
06:06:30 PM Mary Vant Hall,Public Comment
Ms. Vant Hall talked about the land inside and around the city and the cost of the land. She also
spoke about the annexation in the city. Parkland was something that she feels is important.
06:09:55 PM Debbie Sahara,Public Comment
Ms. Sahara talked about preserving the community development, infill, density and quality of
life. The well being of all was also discussed. The damage that has already done by allowing this
growth.
06:13:56 PM Jerry Pape,Public Comment
Mr. Pape spoke about city county interface. He also spoke about repair streets and the
consequences with development. Jerry Pape discussed the burden of people who are coming in
and out of the city and not paying for their part.
06:16:52 PM Closed.
Mayor Krauss closed public comment.
F. Special Presentation
1. 06:16:55 PM Report on Beareat Armored Response and Rescue Vehicle-First
Year's Use (Crawford) Ma
f
06:17:07 PM Staff Presentation
Police Chief Steve Crawford gave a presentation on the BearCat Vehicle and the use and
protocols that are in place whenever it is decided to use the vehicle. This vehicle had been used
for training, hostage situations, public safety. The use of the BearCat is prohibited for use in any
form of crowd control or other non-emergent police activities. Cost maintenance was discussed
as well as times when the vehicle was used on display to the public.
06:27:42 PM Commission questions for staff
The Commission and staff discussed the BearCat cost compared to a regular police vehicle.
Training and who authorized deployment was asked. Commissioner Pomeroy asked if the police
department should keep the BearCat. Community policing was also discussed. Captain Crawford
stated that the vehicle only went out during swat tactical assignments. Certain high risk incidents
require the use of a tactical vehicle. There has continued to be positive response so far with the
activities that have been held so far. The police department always tries to find opportunities to
reach out to the community. Captain Crawford also stated that the police officers have made an
effort to be more present throughout the city. Use with the vehicle is always documented and
available. Commissioner Mehl talked about taking public comment very seriously and discussed
the view of the BearCat with the public. Protocols in that are currently in place has been
successful especially in training.
G. Action Items
1. 06:40:26 PM Resolution 4636, Annual Assessment for Business Improvement
District(BID) for Fiscal Year 2016 (Rosenberry) to
Page 3 of 10
September 21, 2015 Bozeman Draft City Commission Minutes
06:40:55 PM Staff presentation
Administrative Services Director,Anna Rosenberry gave a brief presentation on Resolution
4636,Annual Assessment for Business Improvement District(BID) for Fiscal Year 2016.
06:42:07 PM Public Comment
Mayor Krauss opened Public Comment.
No person Commented.
Public Comment was closed.
06:42:23 PM Motion to approve Resolution 4636, Annual Assessment for Business
Improvement District(BID)for Fiscal Year 2016.
Deputy Mayor - Carson Taylor: Motion
Commissioner- Chris Mehl: 2nd
06:42:26 PM Commission Discussion on the Motion
This is the same budget from the previous year; it is also an additional tax that was imposed on
the businesses themselves. All agreed that this was a great program.
06:45:29 PM Vote on the Main Motion to approve Resolution 4636, Annual Assessment for
Business Improvement District (BID)for Fiscal Year 2016.
Deputy Mayor - Carson Taylor: 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
2. 06:44:34 PM Resolution 4637, Annual Assessment for the Tourism Business
Improvement District(TBID) for Fiscal Year 2016 (Rosenberry) t4z3
06:44:3 8 PM Staff presentation
Administrative Services Director, Anna Rosenberry gave a brief presentation on Resolution
4637, Annual Assessment for the Tourism Business Improvement District (TBID) for Fiscal
Year 2016 specifically talked about the work plan and budget and the two dollar per overnight
stay charge in all of the hotels in Bozeman. Tonight opened public comment to discuss
recovering the money from the hotels for the district. The total assessment this year for the
district was $987,196.00.
06:46:10 PM Commission questions for staff
The Commission and staff discussed the budget for consumer advertizing to attract more tourist
to the area.
Page 4 of 10
September 21, 2015 Bozeman Draft 00)Commission Minutes
06:47:23 PM Public Comment
Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
06:47:31 PM Motion to approve Resolution 4637, Annual Assessment for the Tourism
Business Improvement District (TBID)for Fiscal Year 2016.
Commissioner - Chris Mehl: Motion
Commissioner- Cynthia Andrus: 2nd
06:47:40 PM Commission discussion on the Motion
The Commission discussed the benefits of having this tax for the businesses as well as the
tourists.
06:49:05 PM Vote on the Main Motion to approve Resolution 4637,Annual Assessment for
the Tourism Business Improvement District(TBID)for Fiscal Year 2016.
r
Commissioner- Chris Mehl: Motion
Commissioner- Cynthia Andrus: 2nd
Mayor- Jeff Krauss: Approve
Deputy Mayor- Carson Taylor: pprove
Commissioner- Chris Mehl: Approve
Commissioner- Cynthia Andrus: Approve
Commissioner- I-Ho Pomeroy: Approve
3. 06:50:29 PM A Conditional Use Permit (CUP) Application requesting a Change
in Use to a Restaurant and Bar for the Building Addressed as 303 East Main
u
Street, Artcraft Building On-Premises Consumption Application 15347 (Quasi-
Judicial) (Brekke) 'Xla
i
06:50:51 PM Staff Presentation
Staff Planner Allison Brekke gave a presentation on A Conditional Use Permit (CUP)
Application requesting a Change in Use to a Restaurant and Bar for the Building Addressed as
303 East Main Street, Artcraft Building On-Premises Consumption Application 15347 about the
on premise consumption of alcohol. She also talked about the reason for issue today and the
steps that are taken before the final approval of the process. This was originally a mixed use
building. Parking was also discussed.
06:55:18 PM Commission questions for Staff
The Commissioners and staff talked about parking in the area. Liquor licenses were also
discussed. Staff explained the parking requirement calculations. The serving area that would be
required and the reductions considered were explained in detail.
Page 5 of 10
September 21, 2015 Bozeman Draft City Commission Minutes
07:00:33 PM Applicant Presentation
Kira Ogle, from legends studio stated that she agreed with the staff report and welcomed
questions from staff.
07:00:48 PM Commission questions for Applicant
The Commission and applicant discussed water quality and waste concerns.
07:01:55 PM Public Comment
Mayor Krauss Opened Public Comment
There was no public comment.
Public Comment was closed.
07:02:07 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 application no. 15347 and move to approve the Artcraft Building On Premises
Consumption Conditional Use Permit to allow for a restaurant with on premises consumption
of alcohol in bar/restaurant tenant space within the building addressed as 303 East Main
Street with recommended conditions and subject to all applicable code provisions.
Commissioner- Cynthia Andrus: Motion
Commissioner- I-Ho Pomeroy: 2nd
07:02:35 PM Commission discussion on the Motion
The Commission stated that this would be great with restaurants already downtown and
Commissioner Andrus supported the Restaurant. Commissioner Pomeroy stated that she
approved this as well. Deputy Mayor Taylor stated that he also supports the project.
Commissioner Mehl wondered about the longer term phase of downtown.
07:06:45 PM Break
Mayor Krauss called for a ten minute break.
07:17:03 PM Mayor Krauss called the meeting back to order.
4. 07:17:07 PM Provisional adoption of Ordinance 1922, Repealing Chapter 10,
Article 8 of the Bozeman Municipal Code, Adopting a New Article regarding
Affordable Housing to Terminate only Upon the Occurrence of Certain
Contingencies, and Adopting an Article regarding Affordable Housing to be
Effective on the Occurrence of Specific Contingencies and Providing Effective
Dates (Thomas) 14z)
07:17:27 PM Staff presentation
Wendy Thomas, Director of Community Development thanked everyone who helped work on
the local banks, SWMBIA, affordable housing developers, HRDC, Gallatin Association of
Page 6 of 10
September 21, 2015 Bozeman Draft City Commission Minutes
Realtors and Werwath and Associates. The purpose of inclusionary housing was talked about,
especially for first time home buyers. The economic development was also talked about and its
different wages was talked about and maximization of resources was also discussed. Recent
studies that talked about inclusionary housing and the benefits of this. The policy and housing
creation steps was talked about. Mrs. Thomas went on to discuss affordable homes that were
located within the city limits. The rage of affordable sales and demand was also discussed.
Housing needs, affordability and inventory was discussed in-detail.
07:28:56 PM Staff presentation continued
Process to program was discussed. Incentives and components' were discussed as well as the
goals. The incentives that was discussed such as parkland, impact fees and down payment
assistance. In the future, a process if upcoming incentives were discussed. Carrying cost for a
single family home that was constructed and parkland dedication reduction was discussed. The
ordinance talked about unit creation if the program components are adopted would make the
program adaptable to the economic climate. Board recommendations were discussed.
07:55:33 PM Public Comment j
Mayor Krauss opened public comment.
07:55:50 PM Jerry Pape, public comment
Mr. Pape talked about what it is like to be a first time homeowner. The amount of money that it
cost a first time homeowner including taxes is something that needs to be considered. Mr. Pape
talked about the drivers of cost for a first time homeowner.
i
08:00:21 PM Brian Popel, public comment
Mr. Popel, Chair of Swimbia stated that there were 65 units of affordable housing was done
because a lot of the cost drivers was considered and wanted the commission to look at the
number of affordable housing in the area. Inclusionary housing was something that needs to be
looked at when the commissioners are making their decisions. A suggestion was made that the
commission not rush into implementing a program.
08:04:46 PM Justin Jones, public comment
Mr. Jones stated that home prices and income have not stayed consistent with each other. He
does not believe that there should be any government interference when it comes to affording a
home. Financing was something that was discussed. There was also discussed buying a modest
home. Free market was something that he was very concerned about. He talked about being able
to compete with a home that is subsidized when it comes time to sell their homes.
08:10:37 PM Luke Howard, public comment
Mr. Howard of the Southwest Montana Building Association stated that condos which have been
generally under discussed a smaller form of living. Condos have positive things going for them
and are affordable within the city limits. Down payments were talked about. Buyer certification
was also talked about. Cash in lieu as far as subsidy in the ordinance was also discussed.
Page 7 of 10
September 21, 2015 Bozeman Draft City Commission Minutes
08:15:53 PM Heather Grenier, public comment
Ms. Grenier, Chief Operating Officer at HRDC stated that over the last five years 160-
180,000.00 home have been affordable through those who utilized the program. Donating land
and working with the builders is something that was discussed.
08:17:37 PM Janny Wiseman, public comment
Ms. Wiseman talked about the first time homeowners do work in order to qualify for a home. As
a realtor, stated that there are 78 properties under $250,000.00 that are available for homeowners
right now. There are condos and townhomes that are available and stated that they need to re-
consider this action.
08:20:33 PM Leif Sundean, public comment
Mr. Sundean wanted to state that he hopes that we can create a workable plan for those that can
afford a home. The incentives that are written now, there seems that there are no guarantees to
the home builders. He also had various questions about what would happen to the properties of
they are not sold. The remote workers were also discussed. The impact to builders was discussed.
Developers and builders were discussed. Mr. Sundean asked what would happen to the ordinance
if there are no plots of land were available?
08:24:05 PM Andy Rowe, public comment
Mr. Rowe discussed the impact of the cost of building in Bozeman. Infill project cost did not
make it attractive for people to build. From a builder he wanted to know would we bring people
back to the city. He hoped we could find creative ways to come up with a solution.
08:26:49 PM Mark Debrinski, public comment
Mr. Debrinski stated that there are a lot of vacant building lots in the city. How much other land
is available that is currently vacant and stated that the market moves and he is happy that we
were looking at affordable housing
08:29:15 PM Steve Camber, public comment
Mr. Camber talked about the recent housing summit. There was a lot of positive feedback.
Development of wealth in homeownership was discussed. Traffic and sprawl was discussed.
08:32:08 PM JeffRupp,public comment
Mr. Rupp, Director of HRDC talked about the ordinance and areas that need to be approved, and
he talked about the numbers that were talked about and that a 27 dollar and hour price point is
reasonable but it isn't. Resources were also talked about.
08:35:44 PM Brett Potter, public comment
Mr. Potter stated that he appreciated the fact that people are passionate about affordable housing
and talked about the difference between partnering versus forcing a resolution. Partnering with
the HRDC and building community is something that should be looked at.
08:38:32 PM David Graham, public comment
Mr. Graham talked about making housing as affordable as possible. He felt that looking at that
homes that are looked at from a larger standpoint. Inclusionary zoning is something that the
Page 8 of 10
September 21, 2015 Bozeman Draft City Commission Minutes
builders do not support. Competition was brought up when it comes to competing with homes
that are purchased using the incentive.
08:41:13 PM Public Comment was closed.
Mayor Krauss closed public comment.
08:41:28 PM Commission questions for Staff
Deputy Mayor Taylor asked if this inclusionary is needed. Deputy Taylor asked how much of
this is spread throughout all areas of the program. Taylor asked for more clarification of the
voluntary part of the program. The incentives for both the builders and the developers was
discussed. Building outside versus inside the city was asked. Impact fees were discussed.
Inclusionary zoning was discussed. The building community was discussed at length. Do we
know that there is demand from the development community? Clarification on the numbers was
asked of staff. Clarification of demand when it comes to building was discussed with staff.
Affordability of these homes was discussed at length as well. Rental as well as home purchasing
was discussed. Selling timelines were discussed.
08:42:48 PM Commission questions for staff continued
Staff and the applicant stated that there are less than 10% of the available homes for 50% of
residence in the city of Bozeman. Below market homes are needed and the community needs to
be thought about. The creation of need is what is focused on the most. Cash and Community
investment is talked about. Werwath stated that long term the lots are an asset of the community
moving forward. Wendy Thomas stated that builders and developers were onboard. The income
was talked about when it comes to, making something financially feasible to the developer as
well as the home owner. The goal should be achievable. The design and approach was talked
about at length. Access by members of the public was talked about as well as other cities in the
same situation. Staff also stated that this spring, a modification of the road to home program was
something that was discussed. It was stated that the program is adaptable in order to keep up with
the changes that happen over time. Timing of the adoption of the ordinance was discussed. There
is a sixty day effective date of the ordinance.
09:59:58 PM Mayor Krauss Extended the Meeting
Mayor Krauss extended the meeting for fifteen minutes at 09:59p.m.
10:09:41 PM Commission Discussion
Commissioner Pomeroy would need more time before she could vote on the issue. Deputy
Mayor Taylor wanted more information about the plan.
10:11:18 PM Motion and Vote on moving this item and action item number five to the table.
No date is certain.
Commissioner- Cynthia Andrus: Motion
Commissioner- Chris Mehl: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor- Carson Taylor: Approve
Commissioner- Chris Mehl: Approve
Page 9 of 10
September 21, 2015 Bozeman Draft City Commission Minzrtes
Commissioner- Cynthia Andrus: Approve
Commissioner-I-Ho Pomeroy: Approve
5. Consideration of Affordable Housing Voluntary Fee on City of Bozeman Utility
Bill (Kukulski) Ma (item moved to next available meeting)
H. 10:13:31 PM FYI/Discussion
Etha Hotel and 5 West Permits and license agreements and well as rates on the
closures of these encroachment projects were briefly discussed.
I. 10:15:01 PM Adjournment
Mayor Krauss Adjourned this meeting at 10:15p.m.
Jeffrey K.Krauss
Mayor
A�IEST "rt
;U6,
�_
\;
S*y, m men OM
it k
PREPARED BY:
Pearl Michalson
Deputy City Clerk
Approved on: �
Page 10 of 10