HomeMy WebLinkAbout2005-01-31 Minutes, City Commission, WORK
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MINUTES OF THE WORK SESSION MEETING
OF THE CITY COMMISSION
BOZEMAN, MONTANA
January 31, 2005
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The Commission of the City of Bozeman met in work session in the Community Room, Gallatin
County Courthouse, 311 West Main Street, on Monday, January 31, 2005, at 7:00 p.m. Present were
Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve
Kirchhoff, Commissioner Lee Hietala, City Manager Chris Kukulski, Director of Public Service Debbie Arkell,
Planning Director Andy Epple, Acting City Attorney Tim Cooper, and Deputy Clerk of the Commission Karen
DeLathower.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Sianina of Notice of Special Meetina
Each of the Commissioners, in turn, signed the Notice of Special Meeting.
Public comment
Bill Halpin, 1319 South Church Avenue, reminded the Commissioners that the Bozeman Creek
Neighborhood Plan is still not completed; the resolutions have not yet been written.
Discussion reaardina possible sale of library land
Included in the Commissioners' packets was a memo forwarding the information included in the
November 29 Commission packet regarding financing for the library along with minutes from that meeting
and excerpts from the minutes of the Recreation and Parks Advisory Board meetings held on November
11 and January 13, at which this issue was discussed. Also included in the packet was a letter from Gary
Gullickson and Linda Semones, and a letter from Kay McAllister was distributed just prior to the meeting.
City Manager Kukulski gave a powerpoint presentation outlining the following topics: why are we
here?; sale of land (why); cash flow projection chart prepared by Ron Farmer and presented to the
Commission on November 29, 2004; legal authority; focus on financing the construction of a library; and a
map showing the City-owned parcel in question.
Commissioner Krauss, referring to the cash flow projection chart, said the projected bridge financing
is a huge amount of money and will put the City into the hole so other things will need to be sacrificed. The
most visible sacrifice is the sale of the property not needed for the library, but that isn't the only sacrifice the
City will be making to build this library. This is a huge and very thorny problem, and there will be sacrifices
made to get this project done. As long as $4 million is spent on the library in some way, the bone issue will
be satisfied; and the arbitrage will be satisfied if this property is not sold for more than was spent on it.
Commissioner Kirchhoff voiced his hope that the citizens present tonight will have creative,
solution-based ideas. This Commission is on record as saying that it is their number one priority for this
library to succeed, and it will succeed; but the library isn't the only function of the general fund of this City.
The Commissioners were conscious of the fact that they were committing City reserve money for this project
to the total denial of other departments and projects within this city.
Brian Close, 406 East Olive Street, stated one solution to this dilemma is to prioritize how the
property is going to be sold and to identify possible funding sources, then put the sale of this land last on
that priority list. He suggested another bond issue, saying it needs to be made perfectly clear to the public
that if this bond referendum doesn't pass, this land will have to be sold. It won't cost the City anything to
wait, because the value of this land will not go down in the near future.
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Dede Taylor, 8 West Harrison Street and member of the Historic Preservation Advisory Board,
reminded the Commission that the Board members compromised their preservation values when the historic
depot on this site was dismantled in favor of the library because they saw the library as a long-term good
for this community. At that time, all parties intended to rebuild the depot somewhere on this site, and there
have been some creative ideas of how to do that and finance it. The Board will make their intentions known
to reconstruct the dismantled depot on this site.
Mary VantHull, 416 East Story Street, asked the Commissioners to listen to the thousands of
community members who feel both libraries and open space are important, rather than listening to the very
tiny minority who are complaining about the new library. Before the bond issue came forward, people heard
there was a very good chance this area would be retained as open space, although it has been heard
recently that selling this parcel was the plan all along. She feels it is too soon to think of selling this land
because the public hasn't been involved in this, and there are a lot of good ideas that need to come forward.
Robbie Gammack, 2110 Highland Court, said the perception was that the open land preservation
was part of the bond issue, and perception does matter. The Commission needs to take into consideration
that most people had no idea, when they voted in favor of the bond, that this land would be sold. There is
the potential of selling other things in the community, like the unused plot in Westridge Subdivision that is
supposedly a park, rather than this parcel of land.
Chris Nixon, 719 North Wallace Avenue, agreed with Ms. Gammack, saying that a lot of people who
supported the bond issue didn't understand this property could be sold. They voted in favor because they
were supporting both the library and this parcel of land. He was upset with the destruction of the historic
depot, which he thought was part of that bond issue, as well. Mr. Nixon agreed that selling this parcel of
land should be a last ditch effort because he believes the public can be enticed to raise the money and the
value of the property isn't going to go down.
Jeff Ball read into the record an e-mail from Ben Alexander, Sonoran Institute, stating the importance
of the downtown area, including the library, parks, and trails, to the prosperity of the city.
Mr. Ball then read into the record a letter from Brian Gallik, Goetz, Gallik, & Baldwin, asking the City
to explore alternatives to selling the property located to the south of the new library site. He anticipates
potentially significant administrative issues with this land, including additional remedial actions that may be
necessary before this land can be sold. Mr. Gallik suggested an alternative to further cleanup of this
property may be "capping" the land and then placing institutional controls on the property. This would
preclude development of the property and could result in the requirement that this land remain as open
space. Although the Department of Environmental Quality has given permission for the library to break
ground, it is has not issued a closure letter for the entire site.
Ryan Hamilton, 520 East Curtiss Street, offered a powerpoint presentation on the constraints of
developing the remaining parts of this site. After taking into consideration setbacks, buffers, infrastructure,
trails, parks, steep slopes, conservation overlay district, and parking area, the buildable area will be
approximately 0.35 acres. He urged the Commission to consider all options that will retain this property as
open space.
Joe McCarty, 2422 Fairway Drive, stated he would like to make a suggestion for the process to work
through this. It is clear that whether the information was there and wasn't looked at, or it wasn't there, many
people feel this information was not available to them at the time of the bond issue. His proposal is to set
a definitive time limit to study this issue; name a study group, which would be under the City Manager's
direction, of the obvious groups who have a stake in this; let all ideas and proposals "bubble through" and
filter down to a manageable number for the Commission to investigate; set a date for the group's proposal
to come before the public; have the Commission choose a solution; allow a public hearing on it; and then
get on with it. There have been some very thoughtful notions put forth in the last few days, and many of
them are ones that could help the Commission.
Carol Dietrich, 120 East Story Street, agreed with the previous speakers, noting the big thing
discussed several years ago was bringing nature into the park and the library area, including use of
innovative building materials. She is hopeful there will be room for some gardens because there are
innovative ideas for gardens in parking areas and around buildings.
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Russ Tuckerman, 43 Gardner Park Drive, read into the record a letter from Cemetery Foreman
Murphy concerning the western shared boundary of the library land and cemetery, asking to leave the
excess library land as it is to protect the cemetery from vandalism and increased foot traffic, particularly in
the old, delicate section of the cemetery. If this parcel must be sold, Foreman Murphy asked that a plan be
implemented to keep new development as far back as possible from the bushes, creek, and hillside just
outside the cemetery fence. Mr. Tuckerman reminded the Commissioners that the water rights of Mill Creek
all belong to the cemetery at this point. "It is a shared vision of pain for everybody to raise these needed
monies", and he urged the Commission to continue to find a solution.
Mary Ellen Wolfe, Community Mediation Center, urged the City to use their services to facilitate
additional dialog on this subject. They will help those involved to think about the key issues, the best way
to get to them, what outcomes are sought, and how to best achieve those outcomes. If a third-party
mediator is involved, it allow the decision makers to focus on decisions.
Karen Mitchell, 705 South Tracy Avenue, said she can't think of two better issues to bring a
community together than a new library and community open space. She asked the City to hold off selling
the excess land until all other funding sources have been exhausted, whatever they may be.
Kate Gardner, 1215 South Grand Avenue and Recreation and Parks Advisory Board member,
acknowledged she is the person who called the Bozeman Chronicle the day after she heard the decision
to sell this land had been reached. She called because it came as a surprise to her that there had been so
little publicity about this issue, since she assumed there would be lots of hearings, articles, public meetings,
and so forth before this decision was made. She is the author of the Burke Park plan, which has not yet
been adopted, but includes a statement that the greatest danger to Burke Park is overuse. The citizens
have indicated their overwhelming commitment to parks, trails, and open space and Burke Park in particular.
She understood the plan was to protect and add to the parkland in this area, which is the only way to protect
that land. Ms. Gardner said she believes no one who voted to support the bond really understood the
consequences of approving a bond that did not specifically say the land would be preserved for open space.
The Recreation and Parks Advisory Board was given to understand that this item is fast tracked because
of a June 1 st deadline the library must meet for funding.
Debbie Deagen, Gallatin Valley Land Trust, noted that ten years ago the Land Trust helped to buy
a horse pasture, which is now Burke Park. That park provides over 100,000 recreation visits per year, which
shows how valuable parkland is in the heart of the city. She told the Commissioners that she has two
requests; one, to form a working group to examine all ideas, such as including a trail connection, providing
quality parking for Burke Park, developing a design criteria so if the land needs to be sold, the portions that
are important to the community are identified, determine how this asset can be maximized, and figure out
how to finish the library and preserve this parkland. Her second request is to give the public more time to
look at solutions to preserve this land because it would be an incredible shame if the community looks back
and rues the day it had to sell seven acres of parkland in the heart of the city, which connected Lindley Park,
Burke Park, Bogert Park, and the library.
Maurice Horn, 404 Pondera Avenue, read his letter into the public record, stating it is a mistake to
give the library parcel to developers for apartments and housing. This land should be covenanted and
restricted in perpetuity to remain in the pUblic domain. Large tracts of land in all directions are undergoing
development, and City officials should think about the quality of life and ways to enhance this town. Now
is the time and the opportunity to protect the quality of life for many, many future generations.
Micheline Bisaillon, 1319 South Church Avenue, read a letter from the Bozeman Creek
Neighborhood Association into the record, asking for a delay of the sale of the excess library land to provide
time to look into alternate ways to raise the necessary funds.
Darrel Behrent, 208 Lindley Place, said that several years ago it was his understanding that this new
library was a project that would require one bond issue, and the balance needed would be paid through a
private fundraising campaign. The money from the bond issue would be used to procure the land, clean
it up, and become the new library with open space for parkland. This project has grown way over budget,
and he suggested there needs to be a second opinion because the library has only one price now. Mr.
Behrent suggested looking at Mill Creek from the standpoint of watercourse setbacks and wetlands, which
will severely limit this parcel's ability to be developed.
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Gary Gullickson, 404 South Church Avenue, stated he feels the issue of the land sale hasn't been
as public as it should have been. Forthe Commissioners to consider this sale would be political suicide.
It was his perception that this land would not be developed when it was purchased for the new library site.
As a neighborhood, it is their intent to organize a formal neighborhood association; and their purpose will
be to work with the City of Bozeman and the library, who will be their new neighbor. This neighborhood's
parks are Bozeman's parks; and as a park neighbor, he has heard much talking and singing as people are
walking through the parks. These parks are a jewel for this city; and other cities aren't selling off their parks
to payoff their debts, including New York City and Helena.
Tracy Ellig, 2207 Highland Court, said he uses that section of the north hill several times a week
when running because he can see his parents' grave from the trail. He would love to see that northern
portion of the hill protected because of its closeness to the cemetery; and if that is not possible, then a
150-foot buffer for the cemetery is absolutely necessary.
Terry Rick, 512 North Wallace Avenue, offered that he, like many, many others, thought the $4
million bond was to secure the land and protect it; and he didn't realize he would be supporting the sale of
that land. He thought the library would enhance the surrounding open land rather than diminishing it. There
has been increased use of Peet's Hill in the last several years, and there has been an erosion of the area
surrounding Burke Park by the hospital and Aspen Pointe. Once this open space is lost, it is gone forever.
He said he believes this community can come up with a better plan than selling this important parcel of land,
but they need more time to come up with creative ideas.
Ken Cooper, 2209 Highland Court, asked why everyone is just sitting around rather than springing
into action. In order to successfully raise monies, it needs to be determined what assets Bozeman has that
nowhere else has. In Bozeman, that is the flavor and history of Bozeman. He suggested putting together
groups to come up with an inventory of what historical items are in the library now. These is a lot of
historical material in this valley, and those materials could be used to put together a huge public exhibit that
relates to the flavor of Bozeman. Once this material is gathered, it will need a place to be displayed; and
he believes there are enough people who would be willing to fund such a place; the library.
Jill Schannaman, 1031 East Olive Street, questioned if the Department of Environmental Quality
has identified further contamination on this site, that it can now be sold. She reminded the Commissioners
that they have heard time and again from the audience that they had the perception that if the bond passed,
it was to be used to procure the land. The Library Board campaign literature said part of this land may be
used for parks and trails, and that same sentiment appeared in newspaper articles time and time again.
Head Librarian Meister was quoted as saying this parcel can be an asset to the community as additional
parkland. Ms. Schannaman then suggested that one source of funding could be the Sweet Pea Festival
because they have money to spend every year and extending that park would be beneficial to them, too,
because they are growing every year.
Jeff Ball, 323 South Wallace Avenue, presented the Commission with petitions, containing over
1,000 signatures, asking that this land not be sold, that a committee be formed to come up with plausible
alternatives to the sale, and that the committee be permitted adequate time to do so. He then read his letter
into the public record, in which he requests the commitment, in writing, from the library, City staff, and the
City Commission that they are all behind this important vision of building a new library and preserving the
remaining land as parkland, open space, and trails. He noted the Bozeman 2020 Community Plan and other
guiding documents speak strongly against the development of this site. He closed by saying, that while he
earns his living in real estate, there are some places that should just be left alone; "To keep our Bozeman
goose laying the golden egg, we need to be careful in our husbandry of that goose".
City Manager Kukulski clarified the issue of fast tracking, saying the construction of the library is on
a fast track; but that fast track should not be confused with the sale of this land. There can be no fast track
for the sale of the land because there are DEQ issues, site issues, and process issues with the selling of
public land.
Commissioner Hietala stated he appreciates the tremendous number of varied suggestions that
have been put forth, but he doesn't know if forming another group to make these assessments is the right
move at this time. The City has a considerable amount of time before it has to make the decision to sell this
property, and he feels there is still a big opportunity for public fundraising. Other alternatives need to be
explored, like leasing a portion of the library building until the library needs to utilize the total space. He
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calculates the City could raise over $2 million in lease revenue over the course of the 15 years that it
probably will take for the library to expand into that space. Commissioner Hietala reported that, by his
estimates, the City has about $235,000 per acre invested in this property; and if other alternatives are
explored, like leasing, this problem can be mitigated.
Commissioner Krauss proposed that by everyone sharing in the pain of selling this parcel, he
believes the money can be raised to save it. He agrees with the need for proper buffers, noting most of
those requirements are contained in the planning and zoning regulations. However, this land is plotted right
up to the edge of the cemetery. He encouraged all those who are inspired by this parkland to get out and
privately fundraise the needed money. He believes the additional $4 million needed is a plausible goal for
this community. Commissioner Krauss noted this Commission is intent on protecting the trails, Peet's Hill,
and construction of the parking lot, but it also must consider the library's vision as well.
Commissioner Youngman applauded the potential volunteer energy and the ideas put forth. She
agreed that formation of a working group, to "flesh out" a plan to preserve the parkland, while
complementing the library, is a good idea. It won't change the library's timetable at all to give people time
to work on fundraising for the parkland, since the plan isn't to sell the land until the end of this year, anyway.
If this working group says they need 18 months because the funding sources aren't available until next year,
the timetable may have to be modified at a later date. It is important for the Commission to make the
commitment that it is supportive of having the fundraising continue to preserve the parkland, while still
supporting the library. However, it is also important to make sure the parkland fundraising doesn't hurt the
library's fundraising efforts. Commissioner Youngman suggested a "checkoff' for donations to both the
parkland fund and the library fund. She feels a plan can be put together to allow the library to move forward
while people simultaneously work on saving the parkland. The Commission is already committed to the trail
connection, the parking lot, and the hillside protection. She suggested giving the working group 60 days
to get a fundraising plan formulated, so that plan would be in place before the library breaks ground. She
also proposed another planning charrette to review the buildable portion of the site.
Mayor Cetraro thanked everyone for their attendance and the many ideas that were expressed
tonight. He reiterated that all discretionary financing of the City was put on the line when the bridge
financing was approved. He, too, expressed enthusiasm for the creation of a working group, which he
believes will provide a lot of interesting ideas.
Commissioner Krauss pointed out that the sale of these parcels cannot be ruled out because
somebody may come forward and place this property in a conservation easement, which would be a victory
for everyone, and that might be one way this parkland is preserved.
David Cook, 701 South 7 Avenue and representing the Recreation and Parks Advisory Board, noted
that board was under the impression this meeting would be a workshop that included their participation,
along with the Library Board of Trustees'. This board does have a real interest in preserving the parkland,
and they have been besieged by people making suggestions. Their impression is that most people want
both a new library and the parkland preserved; and toward that end, they have come up with several
recommendations. A two-month timeline for the working group is very short; they should be allowed to have
at least six months to react to this proposal and set up an organization to fully evaluate this area. They want
a fund to be established by the City and managed by the City for parkland contributions. The members of
the Recreation and Parks Advisory Board would like to lend their expertise and participate heavily in this
process. Dr. Cook noted there is money available that is dedicated to parklands, including the cash in lieu
fund, which has roughly $320,000 in it. Additionally, the Recreation and Parks Advisory Board members
have agreed to give up the park improvement grant funds of $75,000 per year for the next ten years to help
pay to preserve this parkland. There is a way to use money that is dedicated for parklands for the purchase
of this parkland.
Anne Banks, 7 Hill Street, said it seems to her that the numerous suggestions made regarding the
formation of a working group to look at ways to raise the funds to preserve this parkland are excellent and
reasonable. She believes that the Community Mediation Center's offer of their services would help dispel
some of the feelings people have regarding this process.
Commissioner Youngman responded that she, too, likes the idea of using the Community Mediation
Center; and she appreciates the Recreation and Parks Advisory Board's willingness to use their funds,
which should be put on the table for discussion. There is an expressed commitment of $250,000 of the
cash in lieu fund for acquisition of some of this parkland, and she would like to consider using the parkland
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development fund or cash in lieu for matching money. That approach worked well with Tuckerman Park,
and much can be learned from that campaign as to ways to extend public and private dollars.
Sandy Dodge, 612 West Story Street, expressed his concern with comments regarding the inability
to specifically earmark donations for the preservation of the park and trail corridor. A lot of people who
donated to the Library Foundation and voted for the mill levy did so because they thought that besides
building a beautiful library and cleaning up the asbestos dump, they were creating a beautiful park system.
He would like to work on creating an opportunity for people to contribute money specifically for the
preservation of this land, which will help the library, but won't go directly to it.
Commissioner Youngman replied that she doesn't know if administratively there needs to be a
separate fund, but money could be earmarked for the parkland. She doesn't have a problem with people
donating specifically for parkland; but she does have a problem with people who were going to donate to
the library now deciding to donate that money for parkland instead.
Commissioner Krauss said he thought that when voting for the bond issue, it was to expand and
equip the current library. It has gotten to the point where the budget is so big they can't do more unless they
raise more money. He believes the library made a good faith effort when they decided to consider a smaller
building, which wasn't what anyone was looking for in a new library. He does not like the use of mediation,
which implies the parties are working at cross purposes, which he doesn't believe is the case.
City Manager Kukulski noted there have been folks interested in purchasing this parcel, who would
be wonderful neighbors and who would retain the rest of the land as open space, but that is one of the
challenges of selling public property; it needs to be an open process available to anyone who wants to put
in a proposal.
Commissioner Krauss pOinted out that is similar to what the City is currently doing with the Story
Mansion. His interest is in designing a fundraising plan that would complement and add to what the library
is doing. Commissioner Krauss then noted that he does not think any of the Commissioners make
decisions with regard to their political futures; they are trying to do what is best for this city.
City Manager Kukulski reminded the Commission of its commitment on November 29th to a $2.5
million bridge loan, and the three ways the library intends to repay that debt. Additional fundraising is the
most preferred method, with a second bond issue being the second choice; but that needs to be considered
cautiously because that is not going to be a simple sell. The third repayment method is a $200,000 annual
"whack" of the library budget for the next 20 years. The Library Foundation's fundraising campaign has
exceeded their goal, but the costs are $7 million more than what was originally projected.
Ron Farmer, chair of the Library Board of Trustees, said he would like to put to rest the idea that the
library did not disclose its full intent when it acquired this land. The intent was addressed in the bond-raising
literature distributed at the time of the bond issue. The Library Board of Trustees and the Library Foundation
have explored a myriad of possible funding opportunities to get this project accomplished, but $4 million was
the bonding capacity of the City at that time; and costs have escalated drastically, which is why they are
exploring the possibility of selling a portion of this land. He asked the Commissioners to allow them to
proceed with the request for proposals, while it is putting together a working group of persons who are
interested in preserving this land as parkland, including Library Board members. The Commission needs
to decide how much time it wants to give the public to raise the additional funds, but the library doesn't want
to have time constraints put on it that would not allow the sale of this land if it needs to. Mr. Farmer noted
it is important to keep in mind that interest is accruing on the bridge loan with each passing day.
City Manager Kukulski said the City still needs to know that the commitment of a bridge loan, and
the three avenues by which the library intends to repay it, are acceptable; and City staff will proceed
accordingly.
Commissioner Youngman indicated her preference to form a working group comprised of different
groups who would like to be represented.
Commissioner Kirchhoff offered that he, too, was idealistic when he cast his bond referendum vote.
While it is great to have so many people who are motivated by the good things in life, long-term vision
usually has a short-term necessity, which in this case is money. This project must go forward; and it has
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to be made to work, so he also supports the idea of getting a working group together. He feels six months
should be a hard deadline for the final report on the working group's recommendations.
City Manager Kukulski pointed out there is an incredible number of volunteers who know this issue,
and they need to be utilized. A $700,000 solution doesn't solve the problem; this is about raising $4 million.
Deadlines need to be established for the working group to say what is or isn't feasible for the bridge
financing and the bond issue. Options to repaying the bridge loan will be painful not only for the library, but
for the City's general fund, as well. It must wait 15 years to get its money back; and there are capital
improvement projects that cannot wait 15 years.
Commissioner Krauss stated that one of the things he needs is some kind of recommitment to this
plan. The experience that Story Mansion teaches is that a lot of time will be spent imagining the possibilities
before the requests for proposals go out and the possibilities become clear. He prefers to go ahead and
develop ideas, and one of the tasks of the working group should be to make sure the bases are covered
with the evaluation criteria. He prefers that people who are appointed to the working group be open-minded
about how this process will proceed, and they should be committed to reiterating the goal decisions. It is
also important to decide who is going to take over the continued fundraising efforts. The Recreation and
Parks Advisory Board has offered their parkland improvement grants for the next ten years, which means
a lot. He suggested that if a second bond issue is really desired, signatures need to be gathered to get
another bond issue on the ballot. Commissioner Krauss noted it is painful to think that the City is putting
everything it owns into this site.
Commissioner Hietala pointed out the Library Board of the Trustees and the Library Foundation are
charged with fundraising and making this project work. The working group being formed should be limited
to identifying alternatives. He doesn't believe the library's budget will be reduced for the next 20 years; he
believes there are ways to make this project happen without a lot of pain.
Commissioner Kirchhoff agreed that a major concern is the continuing annual "hit" to the City's
reserve that this funding gap is projected to be. He, too, would like reaffirmation from the Library Foundation
and the Library Board of Trustees that they are on board with additional fundraising, another bond issue,
and reduced funding for the library. Right now it looks like another bond issue is the way to go, but he
doubts there are three Commissioners who want to put another bond issue before the people. When the
bridge financing was approved, he feared that money wasn't going to come back to the City; but it has to
in some way or form because this city needs another fire station and more pOlice officers. He would be
prepared to cut the library's funding every year if it comes down to it, although that is an awful thing to do
because they offered to do it. There needs to be an urgency about this; the working group needs to be a
professional group that isn't afraid to go out to the community in a big way and make the whole thing work.
There needs to be an urgency to get the working group formed and get a very strong working plan together
in six months.
Commissioner Youngman said she doesn't want the working group to take six months to come up
with a plan because there isn't that kind of time, although she would agree that it may take six months for
delivery. She would prefer granting only three months for development of the plan, with fundraising to start
at about the same time.
Commissioner Krauss voiced his agreement with the three-month timeline because that more
closely ties with what the Library Board of Trustees has envisioned. It is important to establish a timeframe
for the request for proposals, which has sideboards on it, and have the evaluation criteria before the
requests for proposals go out. The real question is if it is possible to have another bond issue for the same
ground and the same building, or is only private fundraising needed; and how will the second effort be paid
for. He needs reiteration from the Library Board of Trustees, in writing, that this is going to happen, and
their commitment to repaying the bridge financing is critical.
Kate Gardner expressed her concern because the Recreation and Parks Advisory Board was
offering to help raise money, but now they're being told they need to raise $4 million; and if that can't be
raised, they have failed, which is very problematic to her.
Commissioner Kirchhoff agreed that it is problematic, and one possible answer is to stairstep the
process.
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City Manager Kukulski agreed it isn't fair to leave the Recreation and Parks Advisory Board
members thinking they have a $4 million problem on their hands, but less than that won't get this project
done. He reminded the Commissioners they unanimously voted that the number one goal of this city for
2005 is to get this library built; but with that commitment, everyone's neck was out several million dollars.
The community wants both the new library and the preservation of the land, and he finds it hard to believe
that this community cannot raise $4 million.
Thor Arnold, 612 North Montana Avenue, agreed there is a perception that the community was
blindsided by the open space issue, but the bottom line is all of the money must be raised because
everyone will be done a huge disservice to only get one or the other. Everyone needs to take the approach
that we're all in this together, and the money must be raised. There are only three things that can change;
the library needs to get smaller, the additional land needs to be sold, or the money needs to be raised. The
number one goal needs to be to come up with as much money as possible and prioritize what the groups
are willing to give up. All five Commissioners have said they have faith that this community will come up
with a solution. It doesn't make sense to develop this additional land when the community clearly wants
open space and trails.
City Manager Kukulski clarified that his direction from the Commission is to organize a working
group, who will define their mission, and have them come back to the Commission with their plan within
several months. The Commissioners all concurred.
Discussion reaardina 2005 leaislative issues
City Manager Kukulski informed the Commission that he will be in Helena attending an impact fee
discussion on Tuesday, and he feels that discussion will be telling. There also is another impact fee
meeting on Thursday afternoon. He asked the Commissioners to contact their legislative representatives
regarding passage of the local option tax. The Senate seems agreeable to passing such legislation, but
the House will be tougher. He has not yet received an update on the keg registration legislation, but he
believes it is still in draft format. There has been a resurrection of a number of bills that would not be in the
City's best interest; and, hopefully, they will not be ratified.
City Manager Kukulski polled the Commissioners to find out if they would be agreeable to a
luncheon meeting on Friday regarding the impact fee settlement, or if they would prefer to have that issue
brought forward on Monday evening. A majority of the Commissioners agreed to bring that item forward
at the regular meeting on Monday, February 7th.
Discussion reaardina administrative policy on parkland
Included in the Commissioners' packets was a memo forwarding the draft administrative policy on
parkland dedication.
Planning Director Epple noted that the Bozeman Municipal Code lays out subdivision parkland
requirements; but many find it to be unclear, which has caused confusion at public hearings and other
development review meetings. The solution will be found in the updated Parks, Recreation, Open Space,
and Trails master plan, which will be completed in late 2005. In the meantime, it is necessary to establish
a clear administrative policy that will enable staff to provide accurate information to developers. which will
minimize the potential for argument during public hearings.
Commissioner Hietala asked how this is going to preserve affordable housing, while providing open
space and parkland for that housing. Planning Director Epple responded that is why is he suggesting the
use of the lower minimum net residential densities, as outlined in the Unified Development Ordinance. This
policy should actually increase affordable housing because the parkland dedication will be figured on a
medium density, and developers could increase the density after receiving preliminary plat approval without
being penalized.
In response to Commissioners Krauss and Hietala, Planning Director Epple stated Planning staff's
role is to tell applicants they are required to provide "X" number of acres of parkland, based on their
preliminary design. The final decision of configuration of that parkland goes with the Recreation and Parks
Advisory Board.
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A majority of the Commissioners agreed to endorse Administrative Policy 2005-01, Parkland
Dedication.
Discussion reaardina City of Whitefish reauest for SUDDort for LC1724
Included in the Commissioners' packets was a request for support from the City of Whitefish.
City Manager Kukulski said he has learned to respect and appreciate the negotiation that goes on
with qualified bidders; but he always likes to help support other communities, as well. City Engineer Hixson
thinks this bill is a really bad idea because he feels the "may" in Section 1, paragraph 2d, will turn into a
"must". His concern is it would be a de facto to all low bids.
Commissioner Youngman voiced her support for this bill because it was difficult to have no cost
figures available when the committee was choosing an architect for the parking structure. It seems there
is no reality check when no one has an idea what the costs will be.
Acting City Attorney Cooper noted one of the concerns is that the City of Bozeman has an
engineering program that requires an updated list of firms to use for certain projects, which smaller
communities don't have. This bill would help small communities a lot, but could hurt the City's program.
A majority of the Commissioners agreed to direct staff to prepare a resolution for them to vote on.
A majority of the Commissioners also agreed to put that resolution on the consent agenda, with the phrase
"mayor may not" included in Section 1, paragraph 2d; "The agency may adopt procedures that allow fee
structures and projected fees to be considered along with the criteria in subsection (2) (b) and mayor may
not use the fee information in the selection process described in subsection (2) (a) only if the agency has
provided all interested firms with a detailed statement of the scope of the project and expected services".
Commissioner Hietala volunteered to sit on the consultant selection committee tasked with
evaluating statements of qualifications from engineering firms.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1 ) Copy of the memo from Director of Public Service Arkell forwarding the draft payback
resolution for West Babcock Street to those property owners who would be included within the payback
district.
(2) Letter from Ben White regarding the proposed crisis home at 316 North Tracy Avenue.
(3) Copy of a letter from Director of Public Service Arkell to Joe Gutkoski forwarding the
Wastewater Treatment Plant nutrient information.
(4) Letter from the Montana Department of Transportation forwarding information on the 2004
allocations for the Community Transportation Enhancement Program (CTEP) monies and designated local
administrator.
(5) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, February
1, at the Courthouse.
(6) Agenda for the City Planning Board meeting to be held at 7:00 p.m. on Tuesday, February
1, in the Commission Room, along with notice that there will be no Zoning Commission meeting due to the
lack of agenda items.
(7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Wednesday, February 2, at the Professional Building.
(8) Notes from the Community Alcohol Coalition meeting held on December 8, 2004.
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During his FYI, Mayor Cetraro stated he had a tour of the Law and Justice Center and found that
law enforcement officers are really struggling with space needs.
Planning Director Epple offered the following FYI items: 1) He and Assistant Director of Public
Safety, Fire, Winn worked with Steve Wagner to reach a satisfactory parking agreement, and the
non-alcohol dance club has now beenpermitted. Noise restrictions have been placed on the dance club.
2) Tomorrow he is going to finalize his administrative decision that the Hope House is a community
residential facility and has to be permitted. Neighborhood Coordinator Oulman will conduct a facilitated
meeting on Wednesday evening, but he believes the neighbors will file a formal appeal of that administrative
decision.
Acting City Attorney Cooper noted the following during his FYI: 1) He formerly distributed to all the
Commissioners a letter regarding the lawsuit filed by Delaney and Company against former City Manager
Johnson and the City. He asked the Commissioners to provide him with their upcoming schedules, so
meetings can be set up.
Commissioner Kirchhoff stated, during his FYI, that he received a letter from Mathew Rude, Montana
Board of Housing, requesting comments on proposed housing projects. He will forward the letter to Caren
Roberty at the Human Resource. Development Council.
Adiournment - 11 :02 p.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Kirchhoff, seconded by Commissioner Hietala, that the meeting be adjourned. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner
Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none.
AN
ATTEST:
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Clerk of the Commission
PREPARED BY:
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Deputy Clerk of the Commission
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