Loading...
HomeMy WebLinkAbout2005-01-24 Minutes, City Commission, WORK MINUTES OF THE WORK SESSION MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 24, 2005 ***************************** The Commission of the City of Bozeman met in work session in the Commission Room, Municipal Building, on Monday, January 24, 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, Assistant City Manager Ron Brey, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Acting City Attorney Tim Cooper and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Public comment In light of the number of people present, Mayor Cetraro indicated that the issue of selling portions of the new library site will be on a future agenda, and the public will be invited to provide comment at that time. Mr. David Cook, Recreation and Parks Advisory Board, submitted a letter which he read into the record. In that letter, the Board asked that the Commission allow time for them and other groups to respond to the proposed sale of approximately half of the new library site. He emphasized the importance of retaining the existing open space in the core of the community, characterizing it as a truly central park. Ms. Kaaren Jacobsen, 1110 South Third Avenue, stated that, as a member ofthe public participation sub-committee of the Community Mediation Center (CMC), she is present to represent Mary Ellen Wolfe, Director of the Center. She forwarded their proposal that the City use their mediation services to mitigate any potential conflict on the 300 proposed amendments to the unified development ordinance, particularly in light of the high public participation that was involved in the development of that document. She stressed that, since the CMC is under contract with the City, this would result in no additional cost but could serve as an excellent opportunity for community building. Ms. Mary Vant Hull, 416 East Story Street, recognized the importance of constructing a new library, and suggested that the City can support both that new structure and maintaining the open space on the parcel. She asked that the City proceed to the letting of bids for that new building as quickly as possible, but asked that the Commission slow down on the issue of selling a portion of the site. She noted that when the voters were asked to act on the proposed bond issue, it was anticipated by the City and the public that all of the land would remain public. The possibility of selling a portion of the site has only recently arisen, in response to the increased costs of the project. She then quoted from a newspaper article written a few years ago that references the open space, neighboring parks and an enhanced trail system in conjunction with this acquisition of the property for the new library. She concluded by distributing a letter and submitting a petition aSking that the process be slowed down. Mr. Russ Tuckerman, 43 Gardner Park Drive, noted that he has played advocacy roles for trails and parks over the past twelve years. He encouraged the Commission to slow down on the issue of selling a portion of the library site and to look at other alternatives. He then noted that, in the next few weeks, the Commission will be looking at a master plan for the three parks near his home. He encouraged the Commissioners to take a field trip prior to that meeting, particularly since a creek is involved. Presentation from Headwaters Academy students The eighth grade class from the Headwaters Academy made a presentation on homelessness in Bozeman to the City Commission as part of a class assignment. In this assignment, they were responsible for developing their ideas and providing a persuasive argument. 01-24-05 work . .. --------. - 2 - The student representative read their letter to the Commissioners, noting that they began researching the issue of homelessness because the students know a homeless gentleman and because they had seen others panhandling in Bozeman. They were surprised to learn that Bozeman has only a soup kitchen and no homeless shelter. They also found that the United Methodist Church opens its doors once a week to those who wish to take showers. In their research, the students found that a homeless shelter can result in an increased percentage of the homeless finding employment and reduce panhandling and allows the homeless to take a shower every day. The students identified grant funding opportunities for a homeless shelter, but recognized that the community and the City would also need to contribute toward those costs. They concluded the presentation by noting the old Gibson's building could serve as a homeless shelter, since it is close to businesses that could provide employment but far enough from residential development to not negatively impact those property values. The Commission thanked the students for their thoughtful presentation. Presentation bv County officials reaardina capital facilities plannina Mr. Jim Monger, business member of the Capital Improvement Programs Committee for Gallatin County, noted that this committee is comprised of five members, appointed in March 2001, who have a "varied set of responsibilities and absolutely no authority." He noted that the members are from various backgrounds and meet twice a month to review all expenditures over $50,000 or involve five years or more. Mr. Monger stated that as the Committee began its work, reviewing all of the County facilities and interviewing department heads and employees, the need for adequate space became quickly evident as well as the need for a county master plan of facilities. As a result, a consultant was hired to complete a County master plan for the Law and Justice Center and the Courthouse site. He stressed that the administrative offices and the Courthouse are to remain in the downtown area, although the plans for that site include the construction of a new office building and a parking structure at some time in the future. He stated the recent acquisition of the Hamilton Stores building has helped to address some of the space needs at the Law and Justice Center. Mr. Randy Kayuth gave an overview of the master plan for the Law and Justice Center, noting it consists of four structures. The first is to be a new jail, consisting of 160 beds with administrative support offices, a cafeteria and recreation area, and a pod for an additional 80 beds at some time in the future. Further down the road are a new law enforcement structure and a new court structure. After those structures are completed, the existing building is to be demolished and that area used as a parking lot. Mr. Kayuth indicated that a new re-entry facility is currently being designed and will be constructed on the Law and Justice Center property in the near future. He stated this is being done in response to the David Bennett study on the criminal justice system. Other portions of the programming recommendations that have been implemented to date include the treatment court, pre-trial program and community services. He indicated that the re-entry facility is to be 6,400 square feet and will contain 30 beds. Twenty of those beds will be for use by the Department of Corrections and the remaining ten beds will be for the treatment court. Mr. Kayuth turned his attention to the Courthouse site, noting that the County Commission, Information and Technology Services and Clerk and Recorder's offices are to remain in the existing Courthouse. He noted that some of the other administrative offices are to be moved to the new 40,000- square-foot office building that is to be constructed on the site at some time in the future. Responding to Commissioner Youngman, Mr. Monger stated that the County Commission has chosen to wait until the new Commissioner was seated before taking final legal action on a new jail facility. Responding to Commissioner Krauss, Mr. Kayuth noted that work is underway on the re-entry building. The top priority project is a new jail, followed by remodeling of the Courthouse. He stated the County is also pursuing possible acquisition of the three-story Martel building as a possible solution for its office space needs rather than the construction of a new facility. He concluded by stating the new law enforcement facility and court structure are further down the road. He indicated that the costs of the new re-entry building are to be covered through an INTERCAP loan. 01-24-05 work - 3 - Responding to Commissioner Krauss, Mr. Kayuth stated that the City's Director of Public Safety will be on the screening committee that reviews those who might occupy the twenty beds at the re-entry facility. He assured the Commission that no serious offenders will be allowed in the facility, which will be essentially a modular structure. Commissioner Youngman asked at what point the City will conduct its informational hearing on this re-entry facility. Planning Director Epple stated that once the architect has submitted a site plan, staff will review it and schedule an informational hearing. He cautioned that the City does not have an opportunity to impose conditions on the project, but this hearing does provide an opportunity for the public to comment. Commissioner Krauss noted there are a variety of commercial and residential neighborhoods in this area, and it is the City Commission's responsibility to protect their interests. He also expressed concern about the impacts that this 3~-bed facility will have on the Police Department and other City resources and requested statistics on similar 3~-bed re-entry facilities. Mr. Kayuth indicated that Mr. Mike Thatcher, CCCS, would be better able to respond to those questions and issues since he currently operates similar facilities in other communities, both inside and outside the state. He assured the Commission that the facility has very strict rules and curfews and, if the rules are broken, the State is called and must immediately pick up the offender. Commissioner Youngman voiced her interest in information on what has been done to ensure neighborhood security, particularly since this facility is to be located on a street with low traffic volume and adjacent to dark back yards. She then expressed appreciation for the opportunity to discuss issues on which the City and County need to cooperate. Commissioner Krauss asked that any new construction at the Courthouse site be in keeping with the downtown area and that it be aesthetically pleasing. City Manager Kukulski stressed the importance of providing the neighborhood two opportunities for communication, an informal discussion and then the formal process before the City Commission. As a public entity, he noted it is important to provide as much or more opportunity for comment than the private sector would be expected to provide. Responding to questions from Commissioner Kirchhoff, Mr. Kayuth stated that people are currently being released back into the community by being dropped off at the bus depot with some cash in their pockets. The re-entry facility is designed to provide them a place to live where they are closely monitored and given skills and taught responsibility before being reintroduced into society. He noted this extra step is designed to reduce the chance of offenders going back through the system. Commissioner Hietala asked that the County contact Mr. Thatcher, so he can provide the information being requested by the Commission. Commissioner Kirchhoff noted that many questions are being directed to the City Commissioners from a variety of people, and being able to provide good solid information to them would be beneficial. Director of Public Safety Mark Tymrak noted he is glad to hear the jail is a priority and asked when it might be constructed; Mr. Kayuth responded that is a County Commission decision that depends largely on financing. Director of Public Safety Tymrak then asked when the new law enforcement facility is planned. Sheriff Jim Cashell responded that the County is currently negotiating with an architect to develop plans and estimate the costs of a new jail. He noted that once that project is completed and then the courts building, the law enforcement building will follow. Director of Public Safety Tymrak stressed the importance of continued communication on this issue. He then cautioned that the Police Department cannot wait ten years for a new facility, given the current crowded conditions of that department. 01-24-05 work - 4 - Sheriff Cashell noted that the growth rate in the county was not anticipated. He then observed that a majority of the residents live outside city limits, creating urban enforcement problems. He stated that it is important to keep the Sheriff's Office and the Police Department collocated, noting that since 2001 those departments have been supporting each other. He also noted that the collocation has helped those departments to become very effective in working together. City Manager Kukulski noted it is important to find ways to capitalize on working together and suggested that collocating and sharing in the costs of building facilities could lead to lower costs to the citizens and a better working relationship between the City and the County. He cited the relationship between the City of Helena and Lewis and Clark County, suggesting that their location in the same building leads to better working relations at all levels. Commissioner Krauss noted the keys to cooperation include similar goals and a similar basis of understanding. He voiced appreciation for the County's commitment to stay downtown, stating that he feels having the administrative offices for the various levels of government downtown helps keep it viable. He then turned his attention to the re-entry facility, noting it is imperative that the County have another meeting to discuss the issue so everyone feels that all concerns have been heard. The Commissioners thanked the County representatives for this opportunity to review the facilities plan. Break - 8:20 to 8:28 p.m. Mayor Cetraro declared a break from 8:20 p.m. to 8:28 p.m., to give staff an opportunity to rearrange the room for the remainder of the meeting. Joint meeting with Plannina Board. Zonina Commission. and InterNeighborhood Council reaarding possible re-creation of the Board of Adjustment Included in the Commissioners' packets was a memo forwarding information on the statutory provisions for the Board of Adjustment. Present for this portion of the meeting were a number of members from the City Planning Board, the Zoning Commission and the InterNeighborhood Council. City Manager Kukulski noted that staff has attempted to find ways to get more people directly involved in the decision-making process and ways to empower boards and allow the Commission to focus on the big picture issues for Bozeman. He stated that, when the Commission has twelve to twenty items on its agenda, it is extremely difficult to consider those big picture issues. The City Manager reviewed the findings of a staff survey of selected cities in Montana, which revealed West Yellowstone is the only other community without a Board of Adjustment. He suggested that to re-create a Board of Adjustment, on which the members were well trained, could reduce the workload for the Commission and allow those individuals to develop an expertise in handling variance issues. Mayor Cetraro noted the community is growing like wildfire, and he believes that Commission work on policies and goals is important. He then suggested that, with a good, solid background, others could possibly be granted decision-making authority. Responding to questions from Mike Hope, Commissioner Youngman stressed that decisions on variances should be good, professional decisions based on meeting the criteria established by the Montana Supreme Court, and not based on a desire to be nice and supportive of a good looking proposal. She acknowledged that, for many years, the Board of Adjustment carefully considered the criteria and based their decisions on whether the application met those criteria or not; however, the Board evolved to approving applications that did not meet the criteria and statutory requirements for variances. She then suggested that, if the Board is re-created with appointments made by super-majority vote, a defined set of criteria and adequate training for the members, and the requirement for a super-majority vote for approval of a variance, 01-24-05 work - 5 - the resulting decisions may be appropriate rather than political. She compared the Board of Adjustment to the court system and noted it should be removed from the political sea changes on the Commission. City Manager Kukulski suggested that the Board of Adjustment can be created with a very small set of responsibilities or can be granted a slightly expanded scope. Responding to questions from Ed Musser, Acting City Attorney Tim Cooper stated the statutes provide for appointment of members to the Board of Adjustment. He then stressed that the Board operates under a more judicial process than a political process; and its decisions are appealed to the District Court, which may be done by either the applicant or the City. The discussion turned to possible Board of Adjustment responsibilities. Planning Director Epple noted that those Boards with which he has been involved have heard appeals and variances, but have not been granted authority to act on conditional use permits. Acting City Attorney Cooper noted that, while this discussion is limited to the Board of Adjustment, informal discussions have been held on whether other boards and commissions could assume some of the Commission's current workload. He stressed that, under the current system, the City does have a Board of Adjustment; it is simply that the City Commission serves in that capacity when acting on variances. Ms. Susan Swimley asked if the Commission is willing to appoint a new Board of Adjustment, noting that if a majority of the Commissioners are not willing to do so, discussion on the appointment process and the criteria is moot. Commissioner Hietala stated that, based on his poor personal experiences with land use decisions, he feels these issues should remain with the Commission. He also noted there are a lot of proposed revisions to the unified development ordinance and he feels that no changes should be made while that document is in a state of flux. Commissioner Krauss stated that retaining the responsibility with the Commission is preferable. He then asked how many times a Board of Adjustment decision or a City Commission decision has been appealed to the District Court. He then suggested that some of the smaller projects could be turned over to the Planning Board for final decisions, rather than being brought to the Commission. Assistant City Manager Brey responded that two Board of Adjustment decisions have been appealed, one regarding the number of ducks and geese one could have and one regarding a woodworking shop as a home occupation. He then noted that one of those appeals went to the Montana Supreme Court. Ms. Sarah Guggenheim raised a question about how many variances, deviations that don't involve conditional use permits and appeals are considered annually and whether that number would be sufficient to offset the additional workload of supporting another board. Assistant City Manager Brey noted that in the late 1980s and early 1990s, the Board of Adjustment considered only variances and appeals of administrative decisions and seemed to work very well since those individuals followed the statutory provisions and could not be lobbied. He observed that, since they recognized the role of a quasi-judicial body, the Board was operating independent of the political ebbs and flows of the City Commission. He concluded by noting that for the Commission to begin consideration of a big issue at 11 p.m., after a "gut wrenching decision" on an apartment over a garage, is not serving the overall community well. As a result of the discussion, a majority of the Commissioners indicated they do not support pursuing the re-creation of a Board of Adjustment at this time. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. , (1) Letter from Gary Marks, City Manager of the City of Whitefish, dated January 18, seeking support for a bill allowing cities and towns to consider price when selecting firms for professional services. 01-24-05 work - 6 - (2) Invitation to attend the Governor's Inaugural Ball in Helena on Saturday, February 12,2005. (3) Updated listing of planning projects to be considered at upcoming Commission meetings, dated January 20, 2005. (4) Minutes from the Cemetery Board meeting held on November 4, 2004. (5) Agenda for the School District NO.7 Board of Trustees meeting being held at 7:00 p.m. on Monday, January 24, at the Willson School. (6) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, January 25, at the Courthouse. (7) Agenda for the County Planning Board meeting to be held at8:00 p.m. on Tuesday, January 25, at the Courthouse. (8) Revised agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, January 26, at the Professional Building. (9) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Wednesday, January 26, at the Professional Building. (10) City Manager Kukulski announced that the County Planning Board is holding an open house at 6:00 p.m. on Tuesday, January 25, to talk about the donut area around Bozeman. (11 ) City Manager Kukulski announced that, pending background checks, Anna Rosenberry will begin work as the City's Director of Finance on February 17. He noted that several people were involved on two great interview teams, and the recommendation from those two teams was essentially the same. (12) Commissioner Youngman stated she supports having a Board of Adjustment, but she feels the scope of their work should not include items that involve interpretation. (13) Assistant City Manager Brey gave a brief overview of his past three weeks, which includes caring for his mother, who got sick over the Christmas holidays and sUbsequently passed away. He thanked the City Manager and City Commission for their support in taking the time necessary to address all of the issues that revolved around those events. (14) Director of Public Service Debbie Arkell reported on the follow-up study that Engineering Assistant Andy Kerr did following the installation of four-way stop signs on Hunters Way. She noted that the level of traffic has decreased approximately 25 percent, while the speeds have decreased slightly for the northbound traffic and increased for the southbound traffic. (15) Director of Public Service Arkell quoted excerpts from Recreation Board minutes for the November 11 and December 9 meetings, at which the possible sale of property at the new library site was discussed. (16) The Director of Public Service stated she has received a report from Wastewater Treatment Plant Superintendent Adams in response to the issues raised by Joe Gutkowski about the effluent discharged into the East Gallatin River and will make copies available to the Commission. (17) Planning Director Epple announced that on February 14, the Commission will consider an informal application for the Bozeman Trail annexation and a concept plan for the Gateway shopping center, and possibly an informal application for StoneRidge Square. (18) The Planning Director announced that the neighborhood meeting for the community residential facility on North Tracy A venue has been postponed until next week, but that change will not affect the date when it is next scheduled before the City Commission. (19) Commissioner Youngman stated that when the Churn Creek annexation comes before the Commission for consideration, it should be as a line item and not on the consent agenda. She voiced 01-24-05 work .._,.~- - 7 - concerns about the wildlife habitat and terrain issues and the fact that no urban density zone would accommodate the type of development that would be best for that site; rather, she suggested the current zoning of one dwelling unit per forty acres is more appropriate. (20) Commissioner Youngman asked if the Commissioners are interested in accepting the offer from the Community Mediation Center to assist in the process of analyzing the huge number of proposed revisions to the unified development ordinance; following discussion the Commissioners decided to let the Planning staff make that determination. (21 ) Commissioner Krauss voiced his appreciation for City Manager Kukulski's testimony on the local option tax legislation. (22) Responding to questions from Commissioner Krauss, Director of Public Service Arkell stated the Montana Department of Transportation has extended the comment period on the installation of a traffic signal at the intersection of South Willson Avenue and West College Street, and she will share that information with the Commission as soon as she receives it. . (23) Responding to Commissioner Hietala, Assistant City Manager Ron Brey stated that, upon former Director of Finance Gamradt's retirement, he inherited the coordination of the study being conducted by EPS. He indicated that he will forward that report to the committee for review and comment as he conducts his review. (24) Mayor Cetraro announced that he welcomed an all women's Lions Club last week. (25) City Manager Kukulski suggested that consideration be given to changing the perception that the hearings before the Planning Board are simply a secondary step, with the real action being before the City Commission. (26) Commissioner Kirchhoff noted he was impressed by the presentation from the eighth graders at Headwaters Academy and suggested that the City Commission provide a letter of response. He offered to write that letter if he is provided with the information to be included in it. (27) Commissioner Kirchhoff thanked Director of Public Safety Mark Tymrak for the successful events held on January 16,2005, and the fact that there were no incidents, although the potential was high. Adiournment -10:28 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 A bei Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngm an ayor Cetraro; those voting No, none. ATTEST: &L~ Clerk of the Commission 01-24-05 work --~ "