HomeMy WebLinkAbout2004-09-13 Minutes, City Commission, WORK
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
September 13, 2004
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The Commission of the City of Bozeman met in work session in the Commission Room, Municipal
Building, on Monday, September 13, 2004, at 6:00 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, 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 the advertisement to be published in the Bozeman Daily Chronicle on Sunday, September 12;
a sample cover letter to accompany application packets; and the application supplement.
City Manager Chris Kukulski noted he has just received information from Acting City Attorney Tim
Cooper indicating that this appointment is to be until the next municipal general election, rather than for the
remainder of the term. He then asked if the Commissioners wish to make any changes to the information
provided in the packet.
Commissioner Youngman asked that a question pertaining to the jail situation be included in the
application supplement. She also asked when it would be best to raise questions about relationships with
the police department and City Attorney.
After discussion, it was agreed that Question No.3 be revised to include the following at the end:
"It is a reality that there is not enough room in the jail for those that one would normally send there. What
alternatives would you consider? What are you going to do instead?" Also, Question NO.4 is to be revised
to include an introductory statement that indicates "Customers of the Municipal Court include citizens and
Department of Public Safety". The question will then reflect the importance of customer service and the
importance of responding to both internal and external customers.
Employment Specialist Diane Letendre noted that, despite staff's efforts to have the advertisement
published in the Sunday edition of the Bozeman Daily Chronicle, and newspaper staff's assurances that it
would run, it did not. As a result, the ad will publish on Tuesday, Wednesday, Sunday and Wednesday.
Discussion - current regulations for accessory dwelling units and possible amendments
Included in the Commissioners' packets was a memo from Planning Director Andy Epple, forwarding
background information on the current regulations.
Planning Director Epple distributed a list of eleven accessory dwelling unit projects that have been
considered since 1997. He noted that only one of the applications was not approved; and all of the projects
were located within a single-family residential area except the last one. Based on the experience with each
of these projects, it appears the process is working reasonably well, particularly in the single-family zones.
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The Planning Director noted that, as of January 1, 2004, when the unified development ordinance
became effective, it expanded the provisions for accessory dwelling units to include multi-family residential
districts; and that expansion was not clearly communicated to the Commission. Since the multi-family
districts do not require owner occupancy of any of the units, staff determined that such a requirement would
not be attached to accessory dwelling units, either, which has triggered Commission concern. He
suggested that alternatives to address those concerns might be to require owner occupancy of one of the
units or to eliminate the opportunity for any dimensional deviations to accommodate an accessory dwelling
unit. The Acting City Attorney has voiced concern with the first option; and staff suggests the second
alternative may better address the Commission's concerns about inappropriate density.
Commissioner Kirchhoff noted that, overall, he feels the accessory dwelling unit program has been
a success. A couple projects not on this list have given the Commission some heartburn, with many of the
concerns revolving around size of the unit and size of the lot.
Planning Director Epple noted those recent projects are actually projects in back yards, not
accessory dwelling units; however, the same density concerns apply to both types of development.
Commissioner Kirchhoff suggested the real issue is development in established neighborhoods.
He feels that not allowing dimensional deviations is a good way to address the concerns that have been
raised, although he also likes the idea of requiring owner occupancy.
Acting City Attorney Cooper noted that the Commission's concerns could be addressed through the
provisions for accessory uses which, by definition, must be accessory to the main unit. He cautioned that
if a separate dwelling is proposed, however, it becomes a duplex and is not accessory to any other use on
the site.
During discussion, the Commissioners talked about the possible benefits of retaining the ability to
provide accessory dwelling units in multi-family zones. One of those is the fact that four unrelated persons
may reside in a dwelling unit while only two persons may reside in an accessory dwelling unit.
Commissioner Hietala suggested that the area around the college campus should be allowed to
develop more densely, possibly through a university overlay district, while other neighborhoods are provided
protection from that density.
Commissioner Krauss expressed concern about the area between Cooper Park and the university
campus, noting it is unique and has a "professorial type of feel", with many of the homes being owner-
occupied. He then indicated he is not a fan of accessory dwelling units, particularly since "when Granny
moves on, the student moves in" is not an uncommon theme for those units.
Commissioner Youngman cautioned that part of the idea of accessory dwelling units was to help
keep housing affordable, particularly for the little old lady who needs to rent out part of the house to make
ends meet and stay in her home.
In light of the discussion, the City Manager indicated it appears the Commission likes what has been
proposed for eliminating the possibility of seeking dimensional deviations, so staff will proceed with that
possible revision and will bring back additional information on the issues of requiring owner occupancy in
multi-household districts and implementing density caps for another work session.
Discussion - possible designation of leash free dog area in Burke Park and leash free
dog parks at the Recreation Complex and The Ponds
Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan,
forwarding a copy of Section 6.04.070. F. of the Bozeman Municipal Code, which allows for the designation
of leash free zones, and an excerpt from the March 2, 1998, minutes reflecting the discussion that revolved
around that provision.
City Manager Kukulski asked if the Commissioners wish to create leash free zones for all of Burke
Park and the dog parks at the Recreation Complex and The Ponds; a majority of the Commissioners agreed
that resolutions designating these areas should be placed on the consent agenda.
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Continued discussion. process for setting of goals for upcoming fiscal year
Responding to City Manager Chris Kukulski, Mayor Cetraro stated he wants to see concrete goals
developed upon which the Commission may base its annual performance evaluation.
Commissioner Krauss stressed that the goals must be tangible and measurable, not "the most
livable place".
City Manager Kukulski stated that brainstorming is an important part of the process, with input
ranging from philosophical to specific. He then suggested that one of the first steps is to determine if the
Commission is willing to buy into the vision and mission statements, then move on to identify goals and
possibly objectives. He noted that he will adjust the dates in the timeline he had previously submitted and
place this item back on the agenda, so the goal setting process can begin.
Continued discussion. new agenda format and future Commission meeting schedule
City Manager Chris Kukulski noted that the agenda format has evolved over the past couple of
weeks, as well as the seating in the Commission Room. He recognized that steps need to be taken to
improve the agenda format and its distribution, to ensure that the work session agendas are posted on the
web in addition to being disseminated via e-mail. He indicated that if the agenda format and staff seating
work for tonight's meeting, they are the formats he intends to retain.
The City Manager acknowledged that the number of public hearings will not decrease unless the
Commission takes action to amend various rules, including the manner in which annexations, planning and
zoning issues are considered. He indicated that staff will come back with a list of specific processes for
Commission consideration and direction at a future work session.
Commissioner Youngman suggested that this type of consideration be set for an evening session
so the public has an opportunity to comment because those changes could significantly impact members
of the public.
City Manager Kukulski voiced his continued interest in changing the Commission's meeting schedule
so that regular meetings are held on the first and third weeks of the month, with work sessions on the
second and fourth weeks.
Commissioner Krauss stated that the Commission must have a firm proposal for change before
accepting public comment. He then suggested that two work sessions per month may not be needed;
rather, one per month may be adequate.
Commissioner Youngman noted that she, too, has suggested work sessions once a month. She
then noted it is important for the Commission to be able to make decisions in a timely manner and to have
an opportunity to delay a decision for only one week rather than two weeks.
City Manager Kukulski assured the Commission it is not his intent to slow the process. He
expressed his concern, however, that with the weekly meeting schedule, staff is less able to be productive
since it is constantly reacting to the previous meeting or preparing for the next meeting. He then recognized
that, given future commitments, it will not be possible to change the Commission's meeting schedule until
late October at the earliest; and it may be preferable to make this type of change in the "off season".
The City Manager noted that most of the Commissioners are now receiving their support information
in a notebook and asked if staff can stop stamping and numbering the information in the remaining packets;
the Commissioners agreed.
Commissioner Kirchhoff also requested that the information in the notebooks not be stapled.
Adjournment. 6:55 D.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
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carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner
Hietala, Commissioner Krauss, Commissioner Youngman and yor Cetraro; those voting No, none.
AND
ATTEST:
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ROBIN L. SULLIVAN
Clerk of the Commission
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