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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