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HomeMy WebLinkAbout2004-09-27 Minutes, City Commission,WORK -.-...- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 27,2004 ***************************** The Commission of the City of Bozeman met in work session in the Commission Room, Municipal Building, on Monday, September 27, 2004, at 8:30 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, 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 No comment was received under this agenda item. Work Session Items Continued discussion - process for selection of Municipal Judge Included in the Commissioners' packets was a memo from Employment Specialist Diane Letendre forwarding a proposed screening tool and 32 draft interview questions for Commission consideration and comment. Responding to Commissioner Krauss, City Manager Kukulski confirmed that staff has determined the judge appointee must stand for election at the November 2005 municipal election. The Commissioners reviewed the proposed interview questions, which were divided into the general categories of judge related questions, public safety related questions, financial related questions, customer service related questions, leadership related questions, and general interest questions. The Commissioners also eliminated several of the draft questions, revised others and added one question, for a total of eighteen questions. City Manager Kukulski stated that, based on this discussion, staff will prepare the interview tool. He noted that if there are obvious duplications in the remaining questions, staff will either eliminate one of the questions or combine them. After that step is complete, staff will e-mail out the final document and provide an opportunity for Commissioner response before the end of the week, since the deadline for receiving applications is 5:00 p.m. on Monday, October 4. Employment Specialist Diane Letendre noted that the screening tool was developed based on the statutory requirements for the position; the Commissioners voiced their acceptance of the document as drafted. Discussion re possible amendments to the annexation policy Included in the Commissioners' packets was a memo from Planning Director Andy Epple identifying possible adjustments to the Commission's annexation policy, as set forth in Commission Resolution No. 3137. City Manager Kukulski noted that staff has identified two possible revisions to the annexation policy. The first is elimination of Policy No.7, which is the requirement that the applicant provide a letter from the School District assessing the availability of schools and transportation. The School District has indicated that it believes it must provide educational opportunities for all students within its district and will not provide the requested letter. The second is to amend Policy No. 11 to provide for notice in compliance with the 09-27 -04 work . .........-..-. ___. ___. ...n... - 2 - statutory requirements, thus eliminating the potential for error and legal liability that additional requirements might impose. The City Manager stressed that, even if public hearings are eliminated when not statutorily required, the public still has the right and ability to comment. Essentially, the only difference is that the ten-minute presentation by applicant at the beginning of the agenda item and the five-minute rebuttal period at the end are eliminated. Assistant City Manager Brey noted that the annexation process provides the most freedom to address issues that the proposal raises. Acting City Attorney Cooper noted that the State statute allows the Commission to write its own rules for conducting a public hearing on annexation in conjunction with the zoning application. He then stated the process that has been followed to date, which includes directing staff to bring back an annexation agreement, gives the City the ability to ensure those concerns raised during consideration of the application can be adequately addressed prior to the annexation. The Commissioners agreed that it would be appropriate to enact the two revisions to the annexation policy that have been identified. Discussion re possible amendments to the unified development ordinance Included in the Commissioners' packets was a memo from Planning Director Andy Epple providing background information on the Board of Adjustment and identifying the types of duties they could assume if the Commission were to reconstitute that board. City Manager Kukulski noted that the Board of Adjustment was dissolved in 1999, and suggested that it be reconstituted. He further proposed that the Commissioners work collaboratively in the appointment of that Board to ensure that it is reflective of the composition of the Commission and then turn over several types of actions to that board. He suggested that, in addition to considering variances, the Board could also be assigned appeals from administrative actions, conditional use permits, deviations and public agency exemptions. He stressed that this would empower others in the community to participate in the process, through a statutorily formal process. He concluded by noting that Bozeman is often out in front in "doing the right thing" and, as far as he knows, Bozeman is the only City to dissolve its Board of Adjustment. Commissioner Youngman indicated she has no problem with recreating the Board of Adjustment, but she does have a problem with giving them all of the responsibilities listed. She noted that variances are subject to three stringent criteria, and it is important that the Board not be tempted to approve variances because they like the project, even though the criteria are not met. She then indicated a willingness to assign variances and appeals to the Board, stating she anticipates a huge public outcry if the Commission assigns conditional use permits and deviations to that body. She noted that back yard projects in neighborhoods can impact the quality of life in that area, and the residents want their elected officials to act on those issues. She suggested that getting rid of some of the options for deviations might help to address those impacts. Commissioner Youngman further suggested that if the Board is constituted with seven members, a super-majority vote be required to approve a variance, thus helping to de-politicize the body's decision and providing an extra layer of protection. She further suggested that appointments be made by a super- majority vote of the Commission to ensure that the appointments are beyond politics. She concluded by noting that deviations and conditional use permits are much more sUbjective than variances and, as a result, those decisions should be made by the elected officials. Commissioner Krauss indicated he has no problem with assigning deviations to the Board of Adjustment, suggesting that if subjectivity is of concern, the criteria be tightened up. City Manager Kukulski suggested that, since the scope of the Board of Adjustment would be much narrower than the Commission's, there is the potential that that body might become more effective and efficient in dealing with neighborhood concerns. 09-27-04 work __________u__ .------- - 3 - Commissioner Youngman stated she is not interested in eliminating public hearings before the Commission. She suggested that, if a majority of the Commissioners wish to consider the possibility, however, that a work session be held with the members of the City Planning Board, Zoning Commission and InterNeighborhood Council to receive their input. Acting City Attorney Cooper distributed an information sheet on how the model subdivision regulations and model zoning regulations suggest applications may be considered and acted upon, along with an identification of the various processes under administrative, quasi-judicial, and legislative actions. He then stressed that the Board of Adjustment is very single-minded and its actions are quasi-judicial. Assistant City Manager Brey recognized the Commission's interest in retaining an active part in land use decisions. He cautioned, however, that with the amount of growth that is occurring, the Commission is being asked to make huge decisions with long-term impacts at 11 :00 p.m. or midnight and questioned if the best decisions can be made at that hour. He then identified a list of large issues that the Commission will be facing in the near future and suggested that clearing the docket of smaller items would allow the Commissioners to pour more time into the large community issues. Commissioner Krauss indicated he is typically not in favor of super-majority requirements, characterizing them as "the tyranny of the minority"; however, he would be willing to discuss the issue. City Manager Kukulski noted that he is not used to the opportunity for deviations and cautioned that, by providing this level of flexibility, he is hearing complaints that the predictability has been removed. Commissioner Hietala noted that Bozeman is growing and is probably the most dynamic community in the state. He feels that Bozeman should be creative and be the leader in the state on land use issues. He suggested that no changes be made under after the amendment process for the unified development ordinance has been completed. Commissioner Kirchhoff recognized the benefits of recreating the Board of Adjustment, as long as steps can be taken to ensure that serious individuals are appointed to that board and that they are properly trained. He recognized that this would give the Commissioners an opportunity to address the broader community issues. City Manager Kukulski noted that requiring a super-majority vote for appointments to the Board of Adjustment would be a good step in ensuring a majority of the appointments is satisfactory to all Commissioners. As a result of Commission discussion, City Manager Kukulski indicated that staff will coordinate a joint meeting with the Zoning Commission, City Planning Board and InterNeighborhood Council, probably in 30 to 45 days. Adiournment - 10:05 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Krauss, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Youngman d Mayor Cetraro; those voting No, none. RO, Mayor ATTEST: e~;(~ Clerk of the Commission 09-27 -04 work