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Home My WebLink About11-16-2015 Archive City Commission Minutes i s _ t rNC4.� E i THE CITY COMMISSION MEETING OF BOZEMAN,MONTANA MINUTES Monday,November 16,2015 i Mayor-Jeff Krauss: Present Deputy Mayor-Carson Taylor: Present Commissioner-Chris Mehl: Present Commissioner-Cynthia Andrus: Present Commissioner- I-Ho Pomeroy: Present F i{ } Staff Present: Chris Kukulski, City Manager, Greg Sullivan, City Attorney, and Deputy City Clerk, Pearl Michalson. A. 06:00:59 PM Call to Order—6:00 PM- Commission Room, City Hall, 121 North Rouse Mayor Krauss called the meeting to order at 6:OOPM B. 06:01:05 PM Pledge of Allegiance and a Moment of Silence C. 06:02:03 PM Changes to the Agenda City Manager, Chris Kukulski stated that Community Development Director,Wendy Thomas will present for Heather Davis on action item number one. �! I D. 06:02:14 PM Minutes I i i 1. Executive Session Minutes from January 12,2015 and October 5, 2015 (Ulmen) j( i Page 1 of 18 November 16,2015 Bozeman City Commission Minutes 06:02:18 PM Motion and Vote to approve the Executive Session Minutes from January 12,2015 and October S, 2015 as submitted Commissioner- Cynthia Andrus: Motion Commissioner-Chris Mehl: 2nd Mayor-Jeff Krauss: Approve Deputy Mayor- Carson Tailor: Approve Commissioner-Chris Mehl: Approve Commissioner- Cynthia Andrus:Approve Coiiimissioner-I-Ho Pomeroy: Approve E. 06:02:36 PM Consent 1. Authorize Payment of Claims for Goods and Services(LaMeres) t1l 2. Adopt the Library Depreciation Fund Capital Improvement Plan (CIP) for Fiscal Years 2017-2021 (Rosenberry) fPa 3. Adopt the Tree Maintenance Fund Capital Improvement Plan(CIP)for Fiscal Years 2017-2021 (Rosenberry) to 4. Professional Services Agreement with HDR and a Professional Services Agreement with DOWL to Complete Varied Stormwater System Improvements and Low Impact Development Engineering Design Work for a Two-Year Term (Mehrens) tG 5. Professional Services Agreement with Morrison and Maierle Inc., to develop a Preliminary Engineering Report on Various Alternatives and Cost Benefit Analysis to Utilize Historically Decreed Surface Water Rights to Irrigate Sunset Hills Cemetery and Lindley Park and to Provide Alternatives for the Improvement of Irrigation Efficiency on Said Lands (Leoniak) tk- 6. Agreement Between the City of Bozeman and Bozeman School District 7 Regarding School Resource Officer Duties and Payment of Salary(McLane) %a 7. Final Adoption of Ordinance 1925, amending the North Seventh Urban Renewal District Established by Ordinance No. 1685, Establishing the Bozeman Midtown Urban Renewal Area,Creating the Bozeman Midtown Urban Renewal District,and Adopting the Bozeman Midtown Urban Renewal District Plan with a Tax Increment Financing Program Pursuant to Title 7,Chapter 15,Part 42 and 43 of the Montana Code Annotated, and Amending Section 2.05.1830, BMC, Regarding Urban Renewal,Tax Increment,and Economic Development District Boards(Fine) 'N<:1 8. Appoint Mayor Krauss and Commissioner Pomeroy to Review Pledged Securities as of September 30,2015 (Clark) Na 06:02:42 PM City Manager, Chris Kukulski gave an ovet view of consent items 1-8. Police Chief Crawford gave a brief update on the school district program and briefly introduced the school resource officers. Page 2 of 18 November 16,2015 Bozeman City Commission Minutes 06:07:04 PM Public Comment Mayor Krauss opened up public comment on consent items. There was no public comment. Public comment was closed. 06:07:24 PM Vote on the Motion to approve Consent Items 1-8 as submitted Commissioner- Chris Mehl: Motion Commissioner- 1-Ho Pomeroy.: 2nd Mayor-Jeff Krauss: Approve Deputy Mayor-Carson Taylor:Approve i Commissioner-Chris Mehl:Approve Commissioner-Cynthia-Andrus:Approve Commissioner- I-Ho Pomeroy:Approve F. 06:07:46 PM Public Comment Mayor Krauss opened Public Comment. I 06:08:14 PM LeafSundean,Public Comment Mr. Sundean stated that he felt that the vote against the YMCA by the Commission instead of F asphalt was wrong. He stated that the City has no infrastiucture for kids right now. 06:11:22 PM Public Comment Closed. Mayor Krauss closed public comment. G. 06:11:33 PM Mayoral Proclamation-Small Business Saturday Proclamation(Mayor Krauss) ' kj Mayor Krauss read out the Small Business Proclamation. H. 06:13:50 PM Special Presentation-MSU Economist Affordable Housing(Dr,Wendy Stock, Professor of Economics, MSU Department of Agricultural Economic and Economics) fyo li 4 Dr. Wendy Stock,talked about the open and demand factors that cause the housing in the area to go up. In conjunction demand is influenced by incomes. When wages rise the demand in home i amenities, areas to live also go up. Compliment goods,recreational amenities, increased demand and the number of buyers are also factors that create the rise in home prices. Housing supply, cost of production, alternatives for builders, materials and housing regulations was also discussed in detail. Page 3 of 18 November 16,2015 Bozeman City Commission Minutes 06:23:26 PM Commission questions for Presenter Cr. Pomeroy asked Dr. Stock to clarify the issue concerning affordable housing as well as suggestions to improve affordable housing which the presenter responded in detail. Deputy Mayor Taylor asked about valuing incentives and the study that was done, if the City of Bozeman was included in the study. Deputy Mayor Taylor also asked about the profit margin for the builders. All questions were responded to by the presenter in detail. I. 06:29:43 PM Action Items 1. 06:29:46 PM Continue Public Hearing on Application Z15073 City of Bozeman Pond Park Expansion Site Plan and Variance Application from November 16,2015 to December 7,2015 (Davis) %l 3 06:29:46 PM Staff Presentation Community Development Director Wendy Thomas briefly requested that this item be continued at a later date of December 7, 2015. 06:30:47 PM Public Comment Mayor Krauss called for public comment There was no public comment Public comment was closed. 06:31:05 PM Motion and Vote to continue the public hearing on application Z15073, City of Bozeman Pond Park Expansion Site Plan and Variance Application,from November I6, 2015 to December 7, 2015. Commissioner-1-Ho Pomeroy: 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 2. 06:31:45 PM Building Inspection Capital Improvement Plan(C1P)for Fiscal Years 2017-2021 (Rosenberry) Ua 06:31:51 PM Staff Presentation Administrative Services Director Anna Rosenberry talked about the Building and Community Development Fund as well as the schedule in the future. 06:35:50 PM Staff presentation continued Page 4 of 18 November 16,20.15 6ozeman City Commission Minutes Assistant City Manager, Chuck Winn talked about ways that the approved FYI Budget could be spread throughout the concurrent years. The Stiff Building and its history were discussed as well as the community needs and overhaul in the future. Reason for these changes, current challenges where given as well as the benefits to these changes. 06:45:14 PM Commission questions for Staff Cr. Pomeroy asked about the increased construction cost. Staff answered this question in detail. Cr.Andrus asked staff if there were other ways to do this efficiently. City Manager answered this question in detail. Staff additionally stated that the building inspection fund was an addition as well as an added position and building inspection revenues. , Cr.Mehl asked about the impact of giving money over three years as opposed to giving the money all at once, in which the financial director answered in detail. 06:52:34 PM Public Comment on both the Building Inspection CIP and Community Development CIP Mayor Krauss opened public comment There was no public comment. Public Comment was closed. 06:52:42 PM Motion to adopt the Building Inspection Capital Improvement Plan (CIP)for Fiscal Years 2017-202L Deputy Mayor-Carson Taylor: Motion Commissioner- Cynthia Andrus: 2nd 06:53:02 PM Commission discussion on Motion Deputy Mayor Taylor stated he appreciated the detail about where the money might go and saw no problem putting it on the future schedule. Cr.Mehl stated that it was a reasonable request and outline and the remodel would be important as we see growth. Mayor Krauss stated that this depended on funding and explained why he felt that way. The general fund and planning department was discussed in detail. I 06:55:24 PM Vote on tine motion to adopt the Building Inspection Capital Improvement Plan (CIP)for Fiscal Years 2017-2021. Deputy Mayor-Carson Taylor: Motion Commissioner-Cynthia Andrus: 2nd Mayor-Jeff Krauss:Approve Deputy Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-Cynthia Andrus:Approve �I Page 5 of I8 ! 1 3i F' i 3 I November 16,2015 Bozeman City Commission Minutes Commissioner- i-Ho Pomeroy: Approve 3. 06:55:41 PM Community Development Capital Improvement Plan(CIP) for 1<iseaI Years 2017-2021 (Rosenberry) to 06:55:46 PM Motion to adopt the Community Development Capital Improvement Plan (CIP) for Fiscal Years 2017-2021. Deputy Mayor-Carson Taylor: Motion Commissioner-_Cynthia Andrus: 2nd 06:56:02 PM Commission discussion on the Motion Deputy Mayor Taylor adopted the previous finding above. 06:56:27 PM Vote on the motion to adopt the Community Development Capital Improvement Plan (CIP)for Fiscal Years 2017-2021. Deputy Mavor-Carson Taylor: Motion Commissioner-Cynthia Andrus: 2nd Mayor-Jeff Krauss:Approve Deputy Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-Cynthia Andrus:Approve Commissioner- I-Ho Pomeroy:Approve 4. 06:56:51 PM Provisional Adoption of Ordinance 1922, Rescission of the Existing Workforce Housing Provisions in Chapter 10, Section 8 and Creating Article 43 in Chapter 38, Unified Development Code, for an Inclusionary Housing Program including Definitions,Incentives and Requirements for the Provision of Affordable Housing (from September 21, 2015) (Thomas) t4u 06:56:57 PM Motion and Vote to take from the table to discuss and consider acting upon the Provisional Adoption of Ordinance 1922, which was tabled on September 21,2015. Commissioner-Cynthia Andrus: Motion Commissioner-Chris Mehl: 2nd Mayor-Jeff Krauss: Disapprove Deputy Mayor-Carson Taylor: Approve Commissioner-Chris Mehl:Approve Commissioner-Cynthia Andrus:Approve Commissioner-I-Ho Pomeroy:Approve 06:57:49 PM Staff Presentation Page 6 of 18 November 15,2015 Bozeman City Commission Minutes Community Development Director Wendy Thomas talked about Ordinance 1922 and the history behind it in the past to table.Issues that the Commission was concerned about were reviewed again and addressed by Warworth and Associates. She also talked about the best practices, issues speck to Bozeman,Incentives, and the values to those incentives for both the low and high cost. Community Investment and Awareness was also discussed. The Community Development Director stressed the importance of not comparing this ordinance to others as it is unique to the City of Bozeman. Housing needs was discussed in detail such as cost burdens to renters, decline in inventory,increase in house pricing and median single family home pricing was discussed. The availability of funding for housing was discussed in detail as well as homeownership rates. 07:21:14 PM Commission questions for Staff Cr. Pomeroy stated that she liked the incentives and asked if there were builders who were also developers. Commissioner Andrus asked if the incentives helped both builders and developers. Questions about the UDC was also asked and answered in detail by staff. Re-payment of Cash subsidy and interest was discussed by commissioner Pomeroy and staff with clarification asked about the issue. Cr.Andrus asked how information or decisions made now, would be passed down in the future? Cr.Mehl asked if the staff could assist with the public comment and also asked when the administrative manual would be available to which staff answered after 60 days from when the action was passed. The cash in lieu option was also discussed to which staff responded in detail. Zoning areas and density limits as well as the impact to colleges was also discussed in detail. The housing ordinance as of right now was discussed and the UDC update. Staff clarified that occupancy of the home must be the buyer's primary residence. Deputy Mayor Taylor asked about condos in this study. Creation of housing was discussed. Classes of affordability was also asked and discussed by staff. The number of homes to be built was discussed between staff in order to clarify if this was still a realistic plan. 07:48:33 PM Clarification on the Structure of the Ordinance. s City Attorney Sullivan brought to the attention of the Commission the structure of the ordinance, F and reminded them that section 1 of the ordinance repealed the workforce housing. Adoptions that ! were made continuing that was discussed in detail as well as suspensions. ` 07:49:17 PM Break Mayor Krauss called for a break until 8:05. 08:05:00 PM Meeting called back to order Mayor Krauss called the meeting back in session. 08:05:11 PM Public Comment �I ,I Mayor Krauss opened public comment. Page 7 of 18 November 16,2015 Bozeman City Commission Minutes 08:05:33 PM George Thompson,Public Comment Mr. Thompson suggested we use the UDC in order to make good decisions. He also talked about friction in the market place.Economic Theory was also discussed as well as property value as well as taxes.He asked if the Commission would delay the IZ. 08:10:20 PM Sarah Savage,Public Comment Ms. Savage stated that she was a housing director for the Human Resources Development Council and talked about the potential homeowner demand that they had seen. Home buyer readiness and gap financing had been used to assist people but the homeowners had been using the assistance outside of the city limits. 08:13:50 PM Luke Howard,Public Comment Mr. Howard with Government Affairs SWIMBIA stated that there have been 163 Condo sales, and that conventional condo loans had been added by banks. It usually took about 18-24 months for a building plan to be presented to the commission.A suggestion to extend the UDC was given. 08:16:59 PM Denise Bryant,Public Comment Ms. Bryant stated that her and her husband tried to look for a home 6 months ago. They went through the HRDC as well in order to try to get a home. They were not able to. They were hoping that conditions improve sooner rather than later. 08:20:00 PM Molly Erindale.Public Comment Ms. Erindale stated that she was in support of the affordable housing plan. She stated that 2 years ago 2/3's of professional workers could not find a home in Bozeman. Finding a place to live is hard. 08:22:34 PM Brittany Smith,Public Comment Ms. Smith from Bozeman Health stated that people from all over that have come here for jobs turn the jobs down because they are not able to find homes. 08:23:52 PM Brian Popel,Public Comment Mr.Popel stated that the people that work in Bozeman,should be able to afford a home.The people need a raise instead of a"free house". 08:25:37 PM Jerrica.Public Comment Jerrica stated that she lives in her car and has been trying to find a home since January. Page 8 of 18 November 16,2015 Bozeman City Commission Minutes 08:26:44 PM Lei Sundean Puhlic Comment Mr. Sundean stated that he is for trying to find a solution and is not sure that inclusionary zoning is the solution. He also stated that the homeowner household builder cost is at 4.5%. 08:30:14 PM Kevin Thane,Puhlic Comment Mr. Thane stated that the CAHAB voted to have the Commission support the ordinance but made an amendment that it comes back to the Commission for a vote if the numbers weren't met. The starter homes that were more affordable was discussed as it related to builders. The repayment section was discussed as well as the definition of first time homeowners. 08:35:09 PM Mike Hennessey,Public Comment Mr. Hennessey talked about his experience in the finance industry and stated that condos in the housing market. There is an increase in the loans going into a condo situation. Mr. Hennessey asked the Commission not to exclude the condos. 08:36:35 PM Heather Grenier,Puhlic Comment Ms. Grenier worked with the HRDC and stated that there are over 30 people sleeping at the warming center. There were over 1200 people on the waiting list. There were 400 families that still needed homes and the IZ was a step in the right direction. i 08:39:28 PM David Graham,Public Comment _ i Mr. Graham talked about the building community when it came to housing incentives for builders to build homes and asked that condos be added to affordable housing as an option and also asked that the incentives be given time to work. Mr.Graham agreed that three years would work in order for the incentives to work. 08:41:42 PM JeffRupp,Public Comment Mr.Rupp stated that he supported the ordinance in order to get people to be able to afford homes. Rentals was discussed briefly as well and stated that it made sense to work with those that are familiar with building the homes. Working families was discussed; particularly those who have jobs but could not afford to live in the area. 08:45:14 PM Anders Lewendal,Public Comment Mr. Lewendal stated that there were currently 40 homes that are available for people at the 80% K AMI and was worried about how inclusionary zoning would be used. A suggestion of utilizing a f voucher to make homes available for people under$200k was stated. i 08:48:27 PM Public Comment Closed. ] Mayor Krauss closed public comment. Page 9 of 18 f iS i� I� i� November 16,2015 Bozeman City Commission Minutes 08:49:02 PM Commission questions for Staff The Commission and Staff discussed the timing of the Ordinance in regards to inclusionary zoning, how this Ordinance will be applied to bare ground, time frames, wet land setbacks, park land dedications,property line placement from sidewalks,public right-a-ways and considerations of the use of park land. 08:56:57 PM Motion that having reviewed the staff report, considered public comment, and considered all of the information presented, I Hereby adopt the findings presented in the staff report for application Z-15358 and move to recommend Provisional Adoption of Ordinance 1922 Version 2, creating an Inclusionary Housing Program including the correction on page 250(AMI for 2 households, C Household occupancy assumption number 3). Commissioner-Cynthia Andrus:Motion Commissioner-Chris Mehl: 2nd 08:58:10 PM Amendment I to the main motion that section 10, (page 39 of version 2 Effective date-Contingent effective date) to read as follows in the second sentence: "section 3 of this Ordinance shall be effective 30 days following the occurrence of any one of the following contingencies:"and then leave the contingencies as they are. Deputy Mayor- Carson Taylor: Motion Commissioner-Cynthia Andrus: 2nd 08:58:55 PM Commission discussion on Amendment 1 Deputy Mayor Taylor spoke regarding the purpose of this change. Cr. Mehl asked for more clarification and then spoke in support of the amendments. Cr. Pomeroy also asked for clarification on the amendment. Cr. Andrus stated that she also supports the amended motion that 30 days after the trigger, the mandatory requirements automatically become law. She spoke in support of this amendment. 09:04:17 PM Vote on Amendment 1 to the main motion that section 10, (page 39 of version 2 Effective date-Contingent effective date)to read as follows in the second sentence: "section 3 of this Ordinance shall be effective 30 days following the occurrence of any one of the following contingencies:"and then leave the contingencies as they are. Deputy Mayor- Carson Taylor: Motion Commissioner-Cynthia Andrus: 2nd Mayor-Jeff Krauss: Disapprove Deputy Mayor- Carson Ta. lor: Approve Commissioner- Chris Mehl: Approve Commissioner-� Cynthia Andrus: Approve Page 10 of 18 November 16,2015 Bozeman City Commission Minutes Commissioner-1-Ho Pomeroy: Disapprove 09:05:56 PM Amendment 2 to the main motion to forget about all of the details of Section 10 and make this cover 3 years(from the date ofpassage,so the date of effectiveness) and eliminate the variable of options over years. Commissioner-1-Ho Pomeroy: Motion Commissioner- Chris Mehl: 2nd 09:06:18 PM Commission discussion on Amendment 2 Deputy Mayor Taylor asked for clarification. Cr. Pomeroy stated that the builders said give us one more year, and that is what she means by I the amendment. She wants the triggers simplified, all to 3 years. No phase in and we will revisit this in 3 years if needed. She wants to eliminate the time and all of the details but leave the number 54 homes by 3 years.And if that number is not built,the City Commission will revisit. Mayor Krauss instead of making the mandatory portion automatically take effect 30 days after the triggers,the triggers would be extended to 3 years. Cr. Mehl asked additional questions regarding the amendment. 09:08:57 PM Clarification on the Amendment to take out 1, 2 and 3 (Section 10) to say that the trigger is by 3 years after the date of effectiveness of this ordinance, and if there hasn't been 54 units built, and no less than 12 qualify as the lower priced homes, that 30 days later the mandatory inclusionary zoning requirements kick in. Cr. Pomeroy agreed with Mayor Krauss's clarification. Cr. Mehl agreed as well. 09:09:53 PM Commission discussion on Amendment 2 continued Deputy Mayor Taylor stated that he is opposed the motion because the time period is too long. He discussed properties. Mayor Krauss supported the Amendment and gave reasons why and issues that needed to be considered. He spoke post implementation and spoke regarding innovations, the question of whether we wait 2 years now, how to solve this issue by providing the tools to the builders. Cr.Mehl also discussed issues as well as AM1,units,and lot sizes. The incentives are in the Ordinance. We have a modest number for 10 months from now. It meets the reasonable test. i 09:22:36 PM Vote on Amendment 2 to the main motion to forget about all of the details of Section 10 and make this cover 3 years (from the date of passage, so tine date of effectiveness) and eliminate the variable of options over years with the clarification to take out 1, 2 and 3 (Section 10) to say that the triwer is by 3 years after the date of effectiveness of this ordinance, and if there hasn't been 54 units built, and no less than 12 qualify as the lower priced homes, i! that 30 days later the mandatory inclusionary zoning requirements kick in. I i a Page 11 of 18 November 16,2015 Bozeman City Commission Minutes Commissioner-I-Ho Pomeroy: Motion Commissioner- Chris Mehl: 2nd Mayor-Jeff Krauss:Approve Deputy Mayor- Carson Taylor: Disap rp ove Commissioner- Chris Mehl: Disapprove Commissioner- Cynthia Andrus: Disapprove Commissioner-I-Ho Pomeroy: Approve Amendment 2 failed 2-3. 09:23:29 PM Amendment 3 to the main motion (section 10) to include the sale of condos in the calculation of the number of units produced. (Clarified to count these towards the Section 10 targets,Dwellings, Townhomes or Condominiums) Commissioner-I-Ho Pomeroy: Motion Deputy Mayor- Carson Taylor: 2nd 09:23:49 PM Commission discussion on Amendment 3 Community Development Director Wendy Thomas weighed in to provide information concerning the amendment in that within the Ordinance there is no differentiation of housing type, its only in section 10. Cr. Pomeroy supplied a reason for her amendment to include condos. These are roofs too and everybody needs a roof.Need every single type of affordable housing. Deputy Mayor Taylor stated he will vote against the amendment. The targets are incredibly modest and we don't need to include condominiums. He suggests that we pass the way the Ordinance is. He doesn't have enough information to approve condominiums at this time. Cr.Andrus explained reasons why she was against the amendment. She spoke regarding the fact that it is difficult to finance a condo. She doesn't know if this is filling the gap. Cr.Mehl stated reasons for his vote on the motion.If we learn more information he may reconsider this if there are other examples and this could be changed in the future. Mayor Krauss stated he will support the amendment and that 16% of financing are condominiums. 09:32:25 PM Vote on Amen dment3 to the main motion (section 10)to include the sale of condos in the calculation of the number of units produced (Clamed to count these towards the Section 10 targets,Dwellings, Townhomes or Condominiums) Commissioner-I-Ho Pomeroy: Motion Deputy Mayor- Carson Taylor: 2nd Mayor-Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Disapprove Commissioner-Chris Mehl: Disapprove Commissioner-Cynthia Andrus: Disapprove Page 12 of 18 November 16,2015 Bozeman City Commission Minutes Commissioner-I-Ho Pomeroy: Approve j Amendment 3 failed 2-3. 09:32:44 PM Amendment 4 to the main motion to section 10,subsection iii, to change the date from December 12,2017 to October 12, 2017. (Clay jrcation that this would change tite annual date) i Deputy Mayor- Carson Taylor: Motion Commissioner- Cynthia Andrus: 2nd F i 09:33:10 PM Commission discussion on Amendment 4 Deputy Mayor Taylor explained reasons why he extended the date in detail. He believes this Ordinance is owned by this particular Commission. Cr. Andrus asked for clarification on the amendment. Cr. Mehl provided input on the implications of the date change as well and supported the motion in detail. 09:37:35 PM Vote on Amendment 4 to the main motion to section 10,subsection iii, to change the date from December 12, 2017 to October 12, 2017. (Clarification that this would change the annual date) Deputy Mayor- Carson Taylor: Motion Commissioner- Cynthia Andrus: 2nd Ma or-Jeff Krauss: Disapprove Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl:Approve Commissioner- Cynthia Andrus: Disapprove Commissioner-I-Ho Pomeroy: Disapprove Amendment 4 failed 2-3. 09:38:13 PM Commission Discussion The Commission discussed market rate houses, the creation of design guidelines and the development of a handbook. Staff gave clarification on the staff home buyer provision. Clarification on the market sale was discussed. The City Attorney gave clarification on provision i! changes if the commission decided to do so and that they should be in the Code. i 09:41:45 PM Amendment S to the main motion that the mandatory portion of the ordinance section 38.43.110 to include a clause which allows the required unit 120 days to be sold rather than 90 days which has been talked about, and all other appropriate sections. Deputy Mayor- Carson Taylor: Motion Commissioner-Cynthia Andrus: 2"d Page 13 of 18 i i November 15,2015 Bozeman City Commission Minutes 09:42:49 PM Commission discussion on Amendment 5 Deputy Mayor Taylor stated that he felt that 90 days was too short and 120 days should be enough time in order to know if this would work in the market in the future. Mayor Krauss gave further clarification about what would happen with this amendment. 09:44:26 PM Amendment 5 to the main motion that the mandatory portion of the ordinance section 38.43.110 to include a clause which allows the required unit 120 days to be sold rather than 90 days which has been talked about, and all other appropriate sections. Deputy Mayor- Carson Taylor: Motion Commissioner- Cynthia Andrus: 2nd Mayor-Jeff Krauss: Disap ip�ove Deputy Mayor- Carson Taylor: Approve Commissioner-Chris Mehl: Approve Commissioner-Cynthia Andrus: Approve Commissioner-I-Ho Pomeroy: Disapprove 09:46:21 PM Motion and Vote to continue the meeting to 11:00pm. Commissioner- Chris Mehl: Motion Deputy Mayor- Carson Taylor: 2nd Ma or-Jeff Krauss: Disa rove Deputy Mayor- Carson Taylor:Approve Commissioner-Chris Mehl:Approve Commissioner-Cynthia Andrus: Approve Commissioner-I-Ho Pomeroy: Approve 09:46:55 PM Commission discussion on the main motion as amended. Cr. Andrus talked about the housing situation and what the Commissioners have been trying to do in order to make an informed decision on affordable housing. She gave a speech about what the affordable housing does for everyone in the city. This is a community issue and she feels that this is better than what we have done in the past. Deputy Mayor Taylor stated that we are doing this because that there is an affordable housing problem in the community and that home ownership at the basic level. He stated that he wanted an economic diverse community. Anyway that we can do that was something that was proposed. An inclusionary housing was discussed in detail. The burden of adapting was discussed in detail. Contractors was discussed as well as how many units that are proposed to be built over the next two years.How to pay for this was also discussed.The Commission has gone a long way in making sure that a plan was created in order to make this work for the sake of the community. Page 14 of 18 November 16,2015 Bozeman City Commission Minutes Cr. Pomeroy talked about affordable housing and stated that we are all responsible for getting affordable housing. She stated that compromising is the key. She would like to see affordable housing in Bozeman. Cr. Mehl stated that after meeting with many people he has seen that the builders provide a positive impact to the community. The housing affordable plan was discussed. The plan was three years in the making and the Commission wanted to look at the issue in order to try and solve the problem. It cost more to buy because of the macro economics. Surveys for why jobs could not be filled were based on not being able to find housing. Impact fees had been changed for rental units. The general fund was discussed as well. Working with others to make the incentives' work was something that was discussed. The cash in lieu program was discussed for developers who want E to go with that option. Cr. Mehl read statements from various publications that support inclusionary housing. These articles were reminders that those decisions were not taken lightly. Mayor Krauss stated that what we have been doing is the answer. More regulation and more control is not the answer. Condos are a key component of affordable housing. More capital regulations are not good. The supply of housing that we want means that we need to reduce the demand. The Market rate of homes was discussed. 10:37:37 PM Vote on the Main Motion as amended that having reviewed tl:e staff report, considered public comment, and considered all of the information presented,I hereby adopt the findings presented in the staff report for application Z 15358 and move to recommend ProvisionalAdoption of Ordinance 1922 Version 2, creating an InclusionaryHo using Program includinz the correction on Pa e 250 AMI for 2 households C. Household oceu ane assumption number 3), with the successful Amendments that section 10, (page 39 of version 2 Effective date-Contingent effective date) to read as follows in the second sentence: "section 3 of this Ordinance shall he effective 30 days following the occurrence of any one of the following contingencies:"and then leave the contingencies as they are, and that the mandatory portion of the ordinance section 38.43.110 to include a clause which allows the required unit 120 days to be sold rather titan 90 days which has been talked about, and all other appropriate sections. Commissioner- C, n�Andrus: Motion Deputy Mayo•--Chris Mehl: 2nd Mayor-Jeff Krauss: Disapprove Deputy-Mayor- Carson Taylor: Approve Commissioner- Cluis Mehl: Approve Commissioner- Chia Andrus: Approve Commissioner-I-Ho Pomeroy: Disapprove 5. 10:38:03 PM Consideration of Affordable Housing Voluntary Fee on City of BozemaWs,Utility Bill (from September 21, 2015) (Kukulski) fgGZ 10:38:09 PM Staff Presentation Page 15 of 18 j 1 i November 16,2015 Bozeman City Commission Minutes City Manager Chris Kukulski talked about the idea to consider an affordable housing voluntary fee on City of Bozeman's Utility Bill. 10:39:36 PM Motion and Vote to take from tit table to discuss the consideration of an Affordable Housing Voluntary Fee on the City of Bozeman's Utility Bill, which was tabled on Monday,September 21,2015. Commissioner- Chris Mehl: Motion Commissioner-I-Ho Pomeroy: Mayor-Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andnis: Approve Commissioner-1-Ho PomeroyApprove 10:39:52 PM Staff presentation continued The City Manager talked about the effect of the current workload in the Finance Department in support of City policies and was unsure if the City would benefit in the future from this idea. 10:40:36 PM Commission questions for Staff The Commission and staff discussed the time of setting this up,staff time,calculations were given in that there were a lot of hours, who would do this,redesigning the utility bill,the percentage of users paying electronically,the reason this program was suggested,that fact that donations can be made to the city and earmarking and charitable contributions. 10:49:19 PM Public Comment Mayor Krauss opened public comment There was no public comment Public comment was closed. 10:49:23 PM Motion to have an Affordable Housing Voluntary Fee on the City of Bozeman's Utility Bill. Commissioner- I-Ho Pomeroy: Motion Deputy Mayor- Carson Taylor: 2nd 10:50:00 PM Commission discussion on the Motion Deputy Mayor Taylor stated that the expense was one of the reasons he would vote against this motion. Cr.Andrus also stated that she would not vote for the motion and gave reasons why however, she urged Cr. Pomeroy to continue to bring ideas to the commission, Page 16 of 18 November 16,2015 Bozeman City Commission Minutes Cr.Mehl stated that there were other programs already in place that the citizens could utilize in order to help other city residence. Cr.Pomeroy stressed that this was voluntary and not a tax. This idea was to provide another opportunity for people to help fellow citizens with affordable housing. Mayor Krauss stated that this was voluntary and that it was a good idea. 10:56:05 PM Vote on the Motion to have an Affordable Housing Voluntary Fee on the City of Bozeman's Utility Bill. Commissioner-I-Ho Pomeroy: Motion Deputy Mayor- Carson Taylor: 2nd Mayor-Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Disapprove Commissioner- Chris Mehl: Disapprove Commissioner-Cynthia Andrus: Disapprove Commissioner-I-Ho Pomeroy: Approve Motion failed 2-3 J. 10:56:25 PM FYI/Discussion • Electronic copy of City Managers report • Payment on the garage needed from staff • Letter for the Impact Fees Pond • Grant money received 150k • Spring break is March 14-18 • New shirts for everyone. K. 10:59:01 PM Adjournment Mayor Krauss Adjourned the meeting at 10:59 p.m. Jeffrey K.Krauss Mayor Page 17 of 18 November 16,2015 Bozeman City Commission Minutes q ' ";,` ' ATTEST: +" 9 'i6q. �Ulinen, CMC y;:as City Clerk ,O. 1 Y A 0,0 PREPARED BY: Pearl Michalson Deputy City Clerk Approved Page 18 of 18