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HomeMy WebLinkAbout1998-03-30 Minutes, City Commission - - ..-.---- MINUTES OF THE WORK SESSION/AGENDA MEETING/SPECIAL MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 30, 1998 ***************************** . The Commission of the City of Bozeman met in agenda meeting at 2:00 p.m. in the Conference Room, and in special meeting and work session at 3:00 p.m. in the Commission Room, Municipal Building, on Monday, March 30, 1998. Present were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, City Manager Johnson, Assistant City Manager Brey, City Attorney luwe and Clerk of the Commission Sullivan. Aaenda Meetina ~ for reaular meetina and public hearings to be held on April 6. 1998 Since this is an agenda meeting, only those issues requiring staff action are contained in the minutes. . City Manager Johnson briefly reviewed the background information which was included in the Commissioners' packets. (5) Senior Planner Dave Skelton gave a brief overview of the project, which includes a planned unit development for 99 + acres and minor subdivisions for Phases I and V of the subdivision. He characterized the planned unit development as straight forward, noting that staff is working through the submittal to ensure that its semantics don't conflict with the zone code, subdivision regulations or the North 19th Avenue entryway corridor plan. He stated that a master plan may be needed for portions of Phases II, III and IV, since the master plan still designates those as residential. The Senior Planner stated that the greenway corridor and trail corridor are to be provided by the developer and, as each lot develops, the landowner will be responsible for the . landscaping on that lot. Senior Planner stated that the intersection of Durston Road and North 19th Avenue is currently operating at level "F", and it must be upgraded to at least a Level "C" before it is further impacted by additional development. He noted that Harvest Creek Subdivision will also be subject to that requirement. 03-30-98 ~ . ....-..--- .-..-. -------... -- .---. .'--~-_., .-. ',.-... - 2 - The Senior Planner stated that the applicant will seek a credit for impact fees in conjunction with this application. He stressed that that is an issue to be addressed before the final plat, rather than at this stage. He then indicated that the biggest issue with the credits for impacts is that the applicant wants a one to one credit, while street impact fees are . assessed at only 10 percent. He suggested a more preferable alternative might be a payback arrangement. City Engineer Craig Brawner cautioned that paybacks are difficult to administer, particularly on community-associated improvements. City Manager Johnson stated that staff will meet on Wednesday to address the issue of credits and will be prepared to provide information to the Commission on Monday. Responding to Commissioner Youngman, Senior Planner Skelton stated that the pedestrian and bicycle circulation are shown better on the maps posted downstairs. He then indicated that since there is a sidewalk along North 19th Avenue between Durston Road and West Oak Street, the circulation pattern through the greenway corridor begins north of West Oak Street and extends northward. . Commissioner Youngman expressed concern that streets in this subdivision line up with North 20th Avenue and North 22nd Avenue, which could encourage traffic from this development to use those streets to gain access to the south and the west. The Senior Planner acknowledged that there has been a significant amount of discussion about this issue but, because the streets are private, it is expected that they will carry minimal traffic. He then indicated that if the Commission wishes more specific information, he can ask the Engineering Department staff to do so; Commissioner Youngman asked that additional information be provided. The Senior Planner concluded by encouraging the Commissioners to review the landscape plans and architectural guidelines in the first volume in preparation for next week's meeting, noting that the second volume contains the technical information. . (6) Senior Planner Skelton reviewed this application, which is for the first half of the subdivision of 148 acres into 135 single-family residential lots. He noted that this application is for the eastern half of the property, and is to be developed in four phases. The western half of the subdivision will be undertaken later, in four phases as well. He stated that no private streets, no planned unit development and no relaxation of standards is being requested. He 03-30-98 ---- ---------- -- ---- - -- --- . - __ __.__u ___.. - 3 - noted that the ditch running through a corner of the property is to be realigned on a north/south axis through the eastern portion of the subdivision, with linear parkland to provide a greenbelt along that corridor. The remainder of the parkland dedication is to be included in a three-acre park in essentially the center of the eastern half of the subdivision. . The Senior Planner stated that issues identified in conjunction with this application include the intersection of North 19th Avenue and Durston Road and the 161 KV power line which runs along the extension of West Oak Street right-of-way. He gave an overview of staff's recommendations pertaining to the latter issue, which includes changing the designation of West Oak Street from a collector to an arterial and improving that roadway with a median down the center for the power line. Senior Planner Skelton reminded the Commission that this parcel is zoned R-2A, which has a minimum lot size of 6,000 square feet; the lots in this subdivision generally range from 9,500 to 12,000 square feet and average between 10,000 and 11,000 square feet. Commissioner Frost asked if the parkland configuration is acceptable to the Recreation and Parks Advisory Board. . The Senior Planner stated that the recommended conditions for approval include a condition that the parkland is acceptable to the Board. He then stated that the entire parkland dedication requirement for the subdivision is being provided in this first application. He noted that the linear park along the Harmon Ditch is designed to provide some of the trail linkages that have been identified as desirable. Commissioner Frost stated his second concern is the street lay-out. He expressed concern about the length of Hunters' Way, particularly without breaks to slow the traffic down. He also expressed concern about the limited options for accessing portions of the subdivision because of the cul-de-sac streets. He stated that these street configurations do not provide for good transportation within neighborhoods. The Senior Planner stated that this application meets the subdivision regulations for . street standards. He then stated that staff wanted Annie Street to line up at the Emily Dickinson School. Commissioner Frost stated his primary concern is speed along the long, unbroken lengths of street. 03-30-98 - 4 ~ City Engineer Craig Brawner stated that the subdivision was completely revised between the preapplication and this application to address some of the staff's concerns. He noted that one of those changes was to prevent access onto North 27th Avenue, so that it can function like a true collector. He recognized that some people may use Hunters' Way as a back door . access to West Babcock Street, but he feels most people will prefer to use North 27th Avenue and other designated collectors and arterials. Commissioner Frost characterized this as "typical urban sprawl, large lot subdivision" design. ( 12) Land Use Attorney Christopher Williams stated that this ordinance enacts a zone code amendment previously approved by the Commission. He noted that this ordinance reflects the changes which the Commission made subsequent to the public hearing. ( 15) The City Manager noted that this consent agenda includes a number of recognition proclamations, which will be forwarded to those being honored. (18) Historic Preservation Officer Strahn gave a brief overview of this project, stating it is straight forward, and no public comment has been received. . ( 19) The Historic Preservation Officer stated that under this application, a single- family residence is to be converted to a duplex. He noted that last summer, the applicant received permission to put egress windows in the basement, but he assured staff that he did not intend to convert it to a second dwelling unit. He stated, however, that this fall, the applicant attempted to get an electrical permit to put a second dwelling unit in the basement and discovered that his lot is 622 square feet too small to allow the conversion without a deviation. The Historic Preservation Officer stated that neighborhood opposition has been voiced; and the applicant has submitted a letter addressing those concerns, which will be included in next week's packets. (20) Historic Preservation Officer Strahn stated this application is straight forward and . comes without any neighborhood opposition. (21 ) Assistant City Manager Brey stated that parking officers have witnessed a change in parking habits around MSU due to changes in the fine structure and enforcement on campus. He noted that some of these changes have resulted in behaviors which are less desirable than parking in the residential parking district because the fines are less. He stated 03-30-98 - 5 - that under the proposed fee structure, the fines are to be revised to more accurately reflect the seriousness of the violation. Break - 2:55 to 3:00 . Mayor Stiff declared a break from 2:55 p.m. to 3:00 p.m. to allow the Commission time to move to the Commission Room for the special meeting and work session. Roll Call. Pledge of Allegiance and Moment of Silence The meeting was opened with the Pledge of Allegiance and a moment of silence. The roll for the City Commission was called; County Commissioner Phil Olson called the County Commission to order, noting that County Commission Chair Jane Jelinski is present but not seated as a Commissioner for the hearing. Sian in a of Notice of sDecial Meetina Each of the Commissioners, in turn, signed the Notice of Special Meeting. . Joint Dublic hearing of City Commission. County Commission and City-County Board of Health re reauest from County Commissioner Jane Jelinski for waiver of six-month waiting Deriod to aDDly for Dosition of Health Officer This was the time and place set for the joint public hearing of the City Commission and the County Commission to consider the request from County Commissioner Jane Jelinski for a waiver of the six-month waiting period to apply for the position of Health Officer. Mayor Stiff opened the joint public hearing. Distributed to members of the City Commission and the County Commission prior to the meeting were copies of a letter of support for the requested waiver from Fred Cady, 2211 Arrowleaf Hills Drive, dated March 30; and a letter of opposition to the requested waiver from Beth D. Merrick, 2445 Outlaw Drive, dated March 30, 1998. . County Attorney Marty Lambert stated that, subsequent to publication of the notice of public hearing in the newspaper, he and City Attorney Paul Luwe met to discuss the legal issues surrounding this issue, and the comments he forwards in this presentation are the result of those meetings. He noted that County Commissioner Jane Jelinski has expressed an interest in seeking the Health Officer position and, since the Health Department is operated under an 03-30-98 _..____m_ - 6 - interlocal agreement between the City and the County, both governing bodies must act on the request, subsequent to conducting a public hearing. He stressed that the decision to be made is whether or not to waive the six-month waiting period and allow her to apply for the position; it is not a decision about who should take her place on the County Commission or whether she . should be hired as the Health Officer. County Attorney Lambert stated that, after review of the statutory provisions for the waiver, he and City Attorney Luwe determined that the City-County Health Board does not have a vote on this issue because it is not a governing body, based on the fact that it does not have the power to pass ordinances or resolutions nor the power to tax. He stated that under the notice, as published, the City Commission will vote first, then the County Commission will vote. County Attorney Lambert cited Section 2-2-201, M.C.A., which sets forth the basis upon which the waiver may be granted and the four criteria which must be considered, as follows: (1 ) Members of the legislature; state, city, town, or township officers; or any . deputy or employee of an enumerated governmental entity may not be interested in any contract made by them in their official capacity or by any body, agency, or board of which they are members or employees. A former employee may not, within 6 months following the termination of employment, contract or be employed by an employer who contracts with the state or any of its subdivisions involving matters with which the former employee was directly involved during employment.. . (2) The governing body of a city, town, or county may waive the application of the prohibition contained in subsection (1) for a present or former city, town, or county officer or employee who in an official capacity does not influence the decision making process or supervise a function regarding the contract in question. A governing body may grant a waiver under this subsection only after publicly disclosing the nature of the conflict at an advertised public hearing held for that purpose. In determining whether to grant a waiver, the governing body shall consider the following factors, where applicable: (a) whether the waiver would provide to a program or project a significant benefit or an essential skill or expertise that would otherwise not be available; (b) whether an opportunity was provided for open competitive . bidding or negotiation; (c) whether the person affected is a member of a clearly identified group of persons that is the intended beneficiary of the program or project involved in the contract; and (d) whether the hardship imposed on the affected person or the governmental entity by prohibiting the conflict will outweigh the public interest served by avoiding the conflict. 03-30-98 _". - ... n._.___ -.- ---~- -..-- ~ - .__..~ - 7 - County Attorney Lambert stated that in this instance, subsection (2)(c) is not applicable. He then recognized that the language in subsection (2)(d) is poorly constructed; however, he stated that it is intended to provide the balancing test between the public interest in avoiding the potential conflict versus the hardship placed on the Health Board by not allowing them to . consider County Commissioner Jelinski's application. The County Attorney stated that Deputy County Attorney Susan Swim ley serves as advisor to the City-County Health Board. As a result, he has no personal knowledge about the issues involved, but can address the statutory issues. Responding to County Commissioner Olson, County Attorney Lambert stated that the history at the bottom of the statute is simply a history of its changes. He stressed that the current statute is the one under which this request is to be considered, since it is the one in effect at the time the request is being made. Responding to questions from Commissioner Rudberg, County Attorney Lambert stated that he and City Attorney Luwe agree that since the City-County Health Board does not have the authority to tax, it cannot be considered a governing body. He then stated that, since the . Health Department operates under an interlocal agreement between the City of Bozeman and County of Gallatin, they are the only two entities to vote on the issue. He stated that since Belgrade, Manhattan, Three Forks and West Yellowstone are not parties to the interlocal agreement, they will not participate in this decision. He reiterated that the two governing bodies will vote separately, with the City voting first. He then stated that if either body votes against the requested waiver, it will fail. In response to Mayor Stiff, County Attorney Lambert stated he concurs with City Attorney Luwe's recommendation that the motion be made in the affirmative, even if the Commissioners intend to not approve the request. Deputy County Attorney Susan Swimley distributed a six-page memo, dated March 30, 1998, to which were attached the job descriptions for the Health Officer position dated . February 1997 and June 23, 1997. She noted that in this memo, she has provided a history of the Health Officer position since April 18, 1997, which is the effective date of Jackie Stonnell's resignation, and the search for a new Officer. She characterized this background information as being important in assisting the governing bodies in evaluating this request in light of the four criteria established in the State statute and reaching their respective decisions. 03-30-98 - ------- ..----.- - 8 - Deputy County Attorney Swimley noted that she has provided the salary ranges for the Health Officer position in the major counties in Montana, stating that they range from $49,000 to $67,000, and the advertised salary range for this position was $46,500 to $56,500. She has also listed the advertisements that have been published in various newspapers around the . State and professional publications. She stated that personal contacts were also made with people in the major counties in an effort to generate interest in the position. She noted that the City-County Health Board is currently undertaking its fourth search process. She said the first three processes generated a total of 68 applications and, after review of the applications, telephone interviews and on-site interviews, the position has been offered to three applicants, all of whom declined the offer. The Deputy County Attorney stated that in her memo, she has listed the powers and duties of local health officers, as contained in Section 50-2-118 of the Montana Code Annotated. She noted that two of those duties include overseeing the environmental health department, which includes the local water quality district, air and water quality, wastewater treatment systems, inspections of food services, overnight accommodations and daycare . facilities, and the human services department, which includes the home visitation programs, immunization programs and the Women, Infants and Children (WIC) program. Deputy County Attorney Swimley stated that decisions on policy issues are needed on a regular basis in this office. She stated that these are issues on which an Acting Director sometimes does not wish to act because of uncertainty about which direction the new Health Officer may wish to go. She also noted that, with no Health Officer and being one sanitarian short, the load on the Health Department employees is heavy. The Deputy County Attorney stated that the Montana Supreme Court decision in the Skinner case and the subsequent reversal of that decision have occurred while the department has been without a Health Officer. The Deputy County Attorney noted that Stephanie Nelson, who is the Director of the . Human Services Department, has been acting as the Health Officer as well since November 1; and both of these are full-time positions. She noted that under this portion of the operation, in addition to the normal operations and busy seasons, the department has obtained a grant for a new program and has undertaken a new program this year. 03-30-98 -..---.. - -..-- - - --..,.. -- .---------.---.-..--.--------- - 9 - Deputy County Attorney Swimley concluded by noting that the department has operated without a director for fourteen months. She recognized that the acting directors have done an admirable job; however, she cautioned that operating short-staffed and without a director to make policy decisions can sometimes make it difficult. She further noted that the continual . effort to recruit someone for the position, including publication costs and interview costs, have a budgetary impact on the department. Responding to County Commissioner Olson, Deputy County Attorney Swimley confirmed that on-site interviews were offered to seven of the 68 applicants. Mayor Stiff opened the public hearing to public comment, stressing that testimony is to be limited to the issue at hand, which is the waiver. He noted that comments about the candidate's qualifications are not appropriate at this time. City Attorney Luwe noted that the four criteria established in the State statutes must be considered and addressed, reminding the Commission that Criterion No.3 is not applicable in this instance. County Commissioner Jane Jelinski stated that for the past fourteen months, the City- . County Board of Health has been actively trying to recruit a Health Officer. She noted that she has served as a member of the Board of Health for the past seven years and also was a member of the search committee, actively participating in the recruitment process. She stated that during the February 11 meeting, someone asked why she did not apply for the position, and noted that was not an issue she had previously considered. She noted that on February 23, she resigned from the search committee; on March 4, she resigned from the City-County Board of Health; and on March 6, she requested the waiver from the six-month waiting period. She expressed concern that, because of the public comments she has received subsequent to making that request, she has had to retain an attorney to ensure that her rights are protected during this process. County Commissioner Jelinski noted that Deputy County Attorney Swimley has provided . the information upon which to base a decision. She stated that the fourteenth anniversary of her serving on the County Commission will occur in four days, and that is the longest service on the County Commission in its entire history. She noted that during that time, she has given her "heart and soul to the County", and has signed numerous contracts and done business with virtually every company in the area. 03-30-98 --..--- - 10 - County Commissioner Jelinski stated that it seems unreal that she would be disqualified from further public service because of her service as a County Commissioner. She suggested that her familiarity with the County and its structure will help her to better protect the taxpayers' interests and to better serve the citizenry. She stressed that during her service as . a County Commissioner, she has always based her decisions on what she believes is good for all, and she has not allowed her decisions to be dictated by partisan politics. She encouraged the Commissioners to approve her request, stating that to do so would be unfair and unjust and would not be in the best interests of the citizens of the county. County Attorney Marty Lambert encouraged the Commissioners to look at County Commissioner Jelinski's fourteen years of service. He then stated he feels she should be given the opportunity to apply for the position of Health Officer, noting it would be in the public interest. He reminded the Commissioners that a vote to allow her to apply does not assure her selection for the position; it simply allows another individual to apply. Sheriff Bill Slaughter stated that he has been involved in public safety in Gallatin County for 25 years, and has worked with County Commissioner Jelinski for almost 15 years. He . noted that she has been a very competent administrator, and noted that she has set aside politics for the public interest, citing her twice appointing Republicans to fill terms because they were the best qualified individuals for the positions. He concluded by encouraging the Commissioners to approve this requested waiver. Mr. Dave Pruitt, resident of Gallatin County and former County Commissioner, stated that many of the issues he had planned to raise have been previously covered very well. He noted that the American form of government is "of the people, by the people and for the people". He stated that when one has been selected and has served honorably, it seems fair to be considered for continued service in another position, within the law. He cautioned that if the Commissions do not grant fair consideration in this case, then the governments are sending one more negative message to any prospective candidate for any of the positions. He . concluded by encouraging all of the Commissioners to give this issue serious thought during their deliberations. Mrs. Milly Gutkoski states she is retired from the MSU College of Nursing. She noted there are not a lot of quality jobs in this area. She feels that if County Commissioner Jelinski 03-30-98 ..----.- --.-.-.... - 11 - wants to be considered for the position of Health Officer after serving as a County Commissioner for fourteen years, she should be given the opportunity to do so. Mr. Warren Jones, Chair of the City-County Board of Health, reviewed the criteria upon which the Commissions must base their decisions. He noted that County Commissioner . Jelinski has a significant amount of experience in dealing with the Health Board and the Health Officer position in Gallatin County, and suggested that kind of expertise may not otherwise be available. He then noted that this position has been open for an extended period of time, and there have been several attempts to fill it through a competitive employment process. He suggested that, as a member of the County-County Board of Health, he has known County Commissioner Jelinski for several years, and he feels she is well qualified for the position of Health Officer. He noted that, because of knowing her as a member of the Board of Health, several of the other Board members also feel that County Commissioner Jelinski could be considered for the position of Health Officer. He concluded by stating that the Board would like to look at every qualified candidate, and have the greatest number of choices possible, free from partisan politics. . Ms. Susie Smith, member of the Board of Health for three years, encouraged the Commissioners to make their decisions in light of the overall benefit to the community and the physical environment. She stated that if the outcome of the decisions is negative, the number of candidates for the Health Officer position will be reduced, which will result in a disservice to the community which the Commissioners are elected to serve. She stated that employees in the Health Department are stressed to the limit. Ms. Smith stated that she has served on the five-member search committee for the past eight months. She noted that they have aggressively pursued applications, utilizing all professional contacts possible. She concluded by encouraging the Commissioners to approve the requested waiver. Mr. Steve Kelly stated he has no doubt that County Commissioner Jelinski would be a . qualified applicant for the position of Health Officer. He characterized Criterion No.4 as the key issue and recognized it is the one with which the Commissions seem to be struggling. He suggested that the hardship is on those who must decide this issue, because it puts everyone in an awkward position. He noted that many people have worked with the applicant and like her and her performance, recognizing that her past performance record is undeniably good. He 03-30-98 -....- - 12 - stated, however, that the Commissions are now dealing with something in the present and something which will affect the future of the County in a very specific way. He stressed that, in so doing, care must be taken to ensure that the public does not perceive that the action was improper in any way. . Mr. Kelly stated that throughout Montana, in recent history, elected officials have been rewarded with what have been viewed as high-paying and very good jobs. He cited Missoula Mayor Dan Kemmis, Congressman Pat Williams and Lieutenant Governor Kolstad as examples of when public trust was diminished because of the perception of impropriety. Mr. Kelly stated he does not believe County Commissioner Jelinski presented a case for financial hardship. He concluded by recognizing that a vote either way will not result in an illegal action; however, he stressed that it is important to send a clear message to the voters and the citizenry that the perception of political impropriety does not exist. Mrs. Martha Lonner, member of the Health Board, stressed that the Health Board is comprised of unpaid volunteer citizens who represent the community and take their duties very seriously. She stated that when County Commissioner Jelinski approached the Board with her . resignation and told them of her intent, they immediately recognized the need to keep everything in the open and to follow the appropriate process. She noted that the Health Board has changed from using a search committee to using the entire Board as the search committee. She then concluded by encouraging the Commissioners to approve the requested waiver so that County Commissioner Jelinski can at least apply for the position. Ms. Pat Butterfield, member of the Board of Health, stated she has served for the past fourteen months. She noted that, while 68 people applied for the position, not all of them were qualified. She then stated it makes sense to have as broad an applicant pool as possible for the position of Health Officer, and encouraged the Commissioners to grant the requested waiver. Mayor Stiff closed the public hearing. . County Commissioner Phil Olson noted it was mentioned several times during the public hearing that by not granting the waiver, the Commissioners were disqualifying County Commissioner Jelinski from applying. He stressed that the Commissioners will not disqualify her from applying; rather, failure to approve the requested waiver will only trigger the 03-30-98 ---- . .-...-- - ..- .-.-.-----. .----- - 13 - requirement that she not be hired for a period of six months after her termination as County Commissioner. City Attorney luwe concurred with County Commissioner Olson's comments. He noted that if the Commissions don't approve the requested waiver and if the Board of Health decides . to proceed with the hiring of a Health Officer, they will not be able to consider County Commissioner Jelinski's application. He stated, however, that if a Health Officer is not selected in the meantime, County Commissioner Jelinski can apply when the six-month period has lapsed. Break - 4:03 to 4:05 D.m. Mayor Stiff declared a break from 4:03 p.m. to 4:05 p.m., to allow Commissioner Smiley an opportunity to confer with the City Attorney. Joint Dublic hearina {continued} of City Commission. County Commission and City-County Board of Health re reauest from County Commissioner Jane Jelinski for waiver of six-month waitinq Deriod to aDDly for Dosition of Health Officer . City Attorney luwe stated that Commissioner Smiley had previously indicated a possible intent to apply for this position, which would trigger the same waiver process. He stated she has subsequently, and prior this meeting, indicated she has no interest in applying for the position. As a result of that decision, he has determined no disclaimer is needed and he has not identified any conflict of interest that would preclude her participation on this agenda item. County Attorney Marty lambert stated his concurrence with the City Attorney's comments, noting that they had discussed the issue. Commissioner Rudberg stated she feels the State legislature enacted this provision for a reason. She noted that County Commissioner Jelinski can apply for the position at the end of six months. She stressed that the issue is not about deciding whether she is qualified, noting that she feels Commissioner Jelinski is well qualified for whatever she may choose to . do. She stated, rather, the issue is about perception, particularly since "in this community, perception is reality". She stated that she has received telephone calls from several people on both sides of the issue. She characterized encouraging County Commissioner Jelinski to apply for the position as putting the applicant in a really strange position. She stressed that this is not an issue of whether the individual is qualified; rather, the issue is State law and the reason 03-30-98 -....-..--.. -.---..---- . -...- --- .-.-...---.......---.- .. n.....__ - 14 - for the six-month waiting period. She noted that fifteen months from now, the issue will not exist. She concluded by indicating that she does not feel the waiting period will make much difference. Commissioner Youngman stated that, not only does State law provide for a six month . waiting period, it provides a mechanism for granting a waiver to that requirement. She forwarded her belief that a better reason for granting a waiver than the reasons in this case would be difficult to find and characterized this request as fitting the legal criteria established by the Legislature. She stated that requiring County Commissioner Jelinski to wait the six months, upon termination either now or at the end of her term, could mean that the Health Officer position remains open for even longer, resulting in a vacancy in that position for two to two and one-half years. She further noted that three attempts to fill the vacancy have been unsuccessful. Commissioner Youngman noted that the Health Department needs and deserves permanent leadership, particularly since these vital public health and human services need policy decisions that are sometimes difficult for an acting director to make. She stated that the . lack of a Health Officer is a hardship to the taxpayers, because of the costs associated with advertising and interviewing possible candidates. She also stated that this statutory requirement places a hardship on County Commissioner Jelinski because she in unable to apply for the position during the period when it is open. Commissioner Youngman then stated she cannot imagine that approval of this requested waiver would not look good to the community when the Health Board has gone through the open hiring process so many times and this hearing on the requested waiver has been advertised and held in accordance with State law. She noted that only one speaker was not supportive of the requested waiver. She concluded by stating she feels the statutory requirements have been met and that the waiver should be granted. Commissioner Frost noted that he is "very much a stickler for criteria set by State law" . . He feels this application meets the criteria established by the State Legislature, and he is supportive of the request. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that a waiver be granted from the prohibition of Section 2-2-201, M.C.A., for County Commissioner Jane Jelinski to apply for the Health Officer position. The motion carried by the following Aye 03-30-98 -- ----- - -- - - 15 - and No vote: those voting Aye being Commissioner Smiley, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No being Commissioner Rudberg. County Commissioner Bill Murdock noted that he has known County Commissioner Jelinski for 26 years, and he feels she is a terrific individual and would be a very strong . candidate. He stated, however, he cannot support the requested waiver because of the balance criterion, noting that the hardship does not outweigh the breach of public trust, and characterizing the holding public office as a very high public trust that is to be taken seriously and with very high standards attached. He recognized that it has been tough for the Board of Health to find someone to serve as Health Officer, but he cannot support the requested waiver and establish a precedent. He then noted that County Commissioner Jelinski has indicated she will be leaving the County Commission on or around June 1, whether this requested waiver is approved or not, noting that if the Health Officer position is still open, she can then apply. County Commissioner Phil Olson noted someone mentioned earlier that this request puts everyone in an awkward position, and acknowledged that is true. He stated that he has known County Commissioner Jelinski for a number of years, has worked with her and has a lot of . respect for her. He characterized her as a hard worker, stated that she has done her job well. He noted, however, that the issue before the Commissions is whether to grant the waiver and whether granting the waiver will make it better for the Health Department. He stated that he has trouble identifying a hardship for County Commissioner Jelinski, noting she has a fairly good job at the present time. The County Commissioner noted that issues have arisen when the department has been operating under an Acting Health Officer, and he feels they have been handled very well. He suggested that policy issues should be addressed by the City-County Board of Health rather than by the Health Officer. He then stated that only a portion of the Health Department is moving, not the entire department. County Commissioner Olson suggested that the Board of Health may be looking for "the . perfect bride or the perfect husband", noting that they may have overlooked someone who was quite well qualified for the position. He stressed that failure to approve the requested waiver does not mean that County Commissioner Jelinski cannot apply for the position of County Health Officer; it simply means that she cannot be hired until six months after termination of her term as County Commissioner. 03-30-98 - n_. ___ - 16 - County Commissioner Olson stated that, while the Commissions have an awkward situation with which to contend, he does not view it as an emergency. He noted that Acting Health Officer Stephanie Nelson has been doing a good job, and he feels an appropriate amount of time can be taken to fill it with a permanent Health Officer. On that basis, he stated that . he cannot support the requested waiver. It was moved by Commissioner Murdock, seconded by Commissioner Olson, that the Commission grant the requested waiver from the prohibition of Section 2-2-201, M.C.A., for Commissioner Jelinski to apply for the Health Officer position. The motion failed by the following Aye and No vote: those voting Aye, none; those voting No being Commissioner Murdock and Commissioner Olson. Break - 4:25 to 4:30 o.m. Mayor Stiff declared a break from 4:25 p.m. to 4:30 p.m., in accordance with Commission policy. . Work Session - Joint meetina with County Commission: (A) uodate re Oak Street riaht of way (Proiect Enaineer James Nickelson); (B) uodate re West Babcock Street (Deouty County Attorney Susan Swimley and City Attorney Paul Luwe); (C) uodate re Durston Road (Public Service Director Phill Forbes): (D) uDdate on donut area (County Plannina Director Dale Beland): (E) update re GIS (County GIS Coordinator Allen Armstrona); and (F) uodate re 9-1-1 Center (Fire Chief Aaron Holst) (A) Update re Oak Street right of way Project Engineer James Nickelson gave a brief overview of the proposed extensio of West Oak Street from North 7th Avenue eastward to North Rouse Avenue. He noted that the alignment of the roadway follows along the north boundary of the Fairgrounds and then curves to an alignment between Carl Weissman and Sons and the Montana Department of Transportation yards. The Project Engineer stated that the City bid the construction of this roadway in . December 1997, and the bid was awarded to JTL Group, Inc. He noted that the City staff has been working with JTL Group to extend the project because of problems encountered in acquiring the right-of-way. He stated that, ideally, construction on the project will begin in May, with the construction to be completed by August 15, 03-30-98 ------ ------- ------- - . ---....-- - 17 - Project Engineer Nickelson stated there are three outstanding issues in terms of the right-of-way acquisition. He noted that one pertains to the CMC Heartland property, which the City must purchase for approximately $28,000. He noted that once the right-ot-way is taken out of that property, there will be a remainder parcel which will probably require disposition at . some time in the future. He indicated that if all of the documents are in order, the acquisition of this parcel can probably be addressed at next week's meeting. The Project Engineer stated another outstanding issue pertains to the Pea Cannery parcel. He noted that LeRoy Spain was a part owner in this parcel and, because his interest in that parcel is now in his estate, the three heirs must sign the documents. He stated that the consultant is currently working to obtain those signatures, so that the City has full interest in the right-of-way through that parcel. The Project Engineer stated that the third outstanding parcel is the County property. He noted a dratt right-of-way agreement between the City and the County has been prepared. He summarized some of the key provisions in that agreement, noting that they include a swap of property between the Pea Cannery and the County, reimbursement to the County for . extension of the City sewer to the Fairgrounds and relocation of fencing along the baseball field. County Commissioner Bill Murdock asked if the engineering for the sewer main extension is to be included in the reimbursed costs. Director of Public Service Phill Forbes noted that the City's engineering consultant had designed the sanitary sewer main extension to the Fairgrounds; however, the County chose to select an engineering consultant to design the sewer main extension in conjunction with its construction. Mr. David Crawford, Thomas, Dean and Hoskins, Inc., stated that he is in the process of identifying the costs of constructing the sewer main extension. He then indicated that the original design for the main extension was only preliminary in nature and not a specific design. . On that basis, he suggested the project was not designed twice. Responding to County Commissioner Phil Olson, the Director of Public Service stated it would be inappropriate to attempt to negotiate the costs of installing the sewer main in this meeting. 03-30-98 ------ ..---.--.---. - 18 - Responding to the City Manager, Project Engineer Nickelson stated it is preferable to install sewer mains in the street right-of-way prior to construction of the street whenever possible, to avoid tearing up the street shortly after it has been improved. Responding to questions from the Commission, City Attorney Luwe cautioned that work . on this roadway cannot begin until after all of the right-of-way has been acquired. The Commissioners thanked staff for the presentation. (B) Update re West Babcock Street City Attorney Paul Luwe reminded the Commissioners of the options for proceeding with acquisition of the right-of-way for this project. He stated that, after reviewing those options, his office and the County Attorney's office concurred that the best way to proceed was with a petition of declaratory judgment, asking the court to declare the width of the right-of-way by use for West Babcock Street. The next step is to determine what land is needed and then proceed with acquisition or condemnation. He stated that Deputy County Attorney Susan Swimley is currently working on the petition to be filed with the Court. He noted that, depending on the extent to which landowners contest the action, the declaratory judgment . process could move quickly through the court system, or it could take a year or more. County Attorney Marty Lambert recognized that CTEP monies have been committed toward the West Babcock Street improvement project. Responding to County Commissioner Jane Jelinski, Neighborhood Coordinatorl Grantsperson James Goehrung stated that the deadline for construction of the CTEP project is October 1999. He cautioned that if the ownership of the right-of-way has not been resolved, the State will not release CTEP monies for the project, and both the City and the County would either need to find alternative projects or face losing those funds. Mayor Stiff noted that the City Commission has been getting the "same answer for about three years now", and asked if there is any way to encourage progress. County Attorney Marty Lambert noted that Deputy County Attorney Swimley's baby . is due soon, so she will be off work for a while. He also noted that a considerable amount of her time in recent months has been spent on the donut area issues, based on priorities established for his office. He noted she is also defending four different lawsuits on zoning, and she advises the County Commission regarding land use issues. He then indicated that, per the 03-30-98 ---.-------------..--.. - 19 - agreement between his office and the City Attorney's office, Deputy County Attorney Swimley is to prepare the document to be filed with the court. The Commissioners thanked staff for the update. (C) Update re Durston Road . Director of Public Service Phill Forbes stated that the property owners involved in the Valley West Annexation have agreed to provide, on or before December 31/ 1999, a series of improvements that affect Durston Road. He noted that those include paving of Durston Road from the existing end of the pavement to the westernmost park access to a County paved standard prior to use of the park as a sports field, unless an SID/RID has been created and the contract awarded; and maintenance patching on Durston Road from North 19th Avenue west for a distance of one-half mile. He noted the property owner has also agreed to provide an evaluation of the status of the existing right-of-way and existing waivers of right to protest the creation of an SID/RID, and to prepare a petition to prepare a petition for creation of an SID/RID, including a list of property owners, valuations of the properties affected, and a preliminary engineering budget. He stated that the property owners' engineering consultant . has, in fact, prepared an exhibit map on which the existing rights-of-way have been identified. He stated that a brief review of that map suggests the same problems may be encountered along this roadway as have been encountered along West Babcock Street. Responding to questions from County Attorney Lambert, the Director of Public Service stated he does not know what the split is between city and county properties along this roadway. He then noted that with annexations and project approvals, the City is acquiring easements or dedicated rights-of-way for this roadway. Commissioner Frost stated that he has been, and continues to be, concerned that Durston Road could become another West Babcock Street if large annexations and subdivisions are allowed without adequate road improvements. The Commissioners thanked staff for the update. . (F) Update re 9-1-1 Center Fire Chief Aaron Holst distributed copies of an update on the 9-1-1 Communication Center. He stated that he is Chair of the 9-1-1 Administrative Board, and members of the board include County Attorney Marty Lambert, County Commissioner Jane Jelinski, Sheriff Bill Slaughter, City Attorney Paul Luwe, City Manager Clark Johnson and Police Chief Mark 03-30-98 - ------ ----- - ------.------.--- .---... -... - 20- Tymrak. He stated that they oversee the operations of the 9-1-1 Communication Center and the Records Center at the Law and Justice Center. The Fire Chief reminded the Commissions that in the past, each jurisdiction operated its own 9-1-1 and communications system. As those jurisdictions were faced with the need to . update and expand those systems, in the face of significant funding shortfalls, they recognized that by creating a joint center, emergency services could be provided through a state-of-the-art facility. The Fire Chief stated that Mike Brown has terminated his employment as Director of the center to accept a similar position in another community, and Deputy Chief/Fire Marshal Chuck Winn is currently serving as the Interim Director. He indicated that installation of the new hardware for the Center has been completed, and the software and databases are currently being installed. He noted that the master street address guide is being completed, using two different sources of information, and it has been determined the information is 95 percent accurate. He stated that recruitment for a new Director is being actively pursued. He also noted that training for computer aided dispatching is scheduled for July, with cut-over to the . new system scheduled for August. He stressed that all of these steps are being accomplished because City and County personnel at many different levels, from the top down, are working effectively together. Fire Chief Holst stressed the importance of identifying and implementing a long-term stable funding source for the 9-1-1 Center. He noted that the new communications system, when completed, will cost approximately $1.8 million, stating that just the basic system is being installed at this time with the peripheral hardware and any needed software to be installed at a later date. He also indicated that the radio and repeater system need to be upgraded. The Fire Chief stated that the 9-1-1 Administrative Board has looked at a couple different options for long-term funding for the Center, including a voted mill levy and a multi- . jurisdictional service district. He then noted that, as technology changes and advances are made, it is important to ensure the Center is in a position to take advantage of those which will enhance its operation. He recognized that the old systems were very old and antiquated and noted it is important to catch up with the new technology. 03-30-98 --- ----- --.----. - 21 - County Attorney Marty lambert thanked Fire Chief Aaron Holst for serving as the Chair, stating his leadership through a difficult process has been very valuable. County Commissioner Jane Jelinski stated that Fire Marshal Winn "as been splendid" as the Acting Director of the Center, noting the "City should be proud of him". . County Attorney lambert stated that, depending on the type of funding mechanism identified and implemented, it may be necessary to revise the interlocal agreement under which the Center is operated to include the Cities of Belgrade, Manhattan, Three Forks and West Yellowstone. He noted that it may also be necessary to revise the composition of the Administrative Board to ensure that they have representation. Fire Chief Holst encouraged the Commissioners to contact Fire Marshal Winn and schedule a time to tour the new center. He noted the hardware is in and the center is nearing completion. He then characterized it as a state-of-the-art facility that will serve the needs of the community for quite some time. County Commissioner Phil Olson recognized the effort that has gone into making this a first class center and stressed the importance of ensuring a long-term stable funding source . for its operation. The Commissioners thanked staff for thee presentation. (E) Update re GIS County GIS Coordinator Allen Armstrong stated he has spent a "good deal of time in the basement of the Courthouse staring at the computer" and, as a result, has not been very visible in other departments in the County or at the City. He provided an update on what a geographic information system (GIS) is and where the County is in the process. He stated that geographic information system technology has been around for many years; it only in the last ten years that it has become affordable to local governments. He stated that when he started he working for Gallatin County, conducted a needs assessment of the departments and the potential users and existing data to determine how to proceed with this program. He noted . that this included identifying workflows on a day-to-day basis for each department as well as the level of accuracy that is required to make the information valuable. The County GIS Coordinator stated that developing a system that provides valuable information to a variety of local, state and federal agencies is important. He noted that, through the needs assessment process, it was determined 121 different source needs exist, 03-30-98 . -- --"..-...--- -- --_._-~---_. ...--. . .-... -.. ---- - 22 - including items such as roads, fire hydrants and subdivisions. He noted that a GPS data collection system and base station have facilitated collection of the data to develop the 9-1-1 program and, as the GIS program becomes more sophisticated, even more information will be available to that program. He stated that the 9-1-1 program has driven much of his daily . activity, particularly in light of the August deadline to have all of the information available for that operation. County GIS Coordinator Armstrong stated that, as the GIS data for a specific item is completed, he will put that information on the network, so everyone has access. He noted that this information could be made available to the City. He indicated that, through use of the base map and whatever layers one may wish, any type of map can be created. He stated his intent is to develop a base map showing every parcel in the valley and, eventually, each individual structure will be identified. He noted that data sources he hopes to tackle next year include hazardous materials storage sites, subdivision mapping, parcel data, wells and septic systems, zoning districts and building layouts. The County GIS Coordinator stated that he also plans to continue with more user . training, so that individual users can access and use the information available on a day-to-day basis. He also plans to create more web page data and more information access for the public. He suggested that this could cut the traffic flow to the Courthouse. Responding to City Manager Johnson, County GIS Coordinator Armstrong stated that possible partnerships between the City and the County could include exchange of data for the land base information, provided that the information is in the same format and at the same accuracy standards. He noted that the City has already adopted the same computer system and platform software that the County has adopted, so the exchange of information should be fairly easy. He also indicated that the GPS system could be used by City staff. Responding to questions from Commissioner Frost, the County GIS Coordinator characterized the new 9-1-1 program as the best in Montana, and possibly the best in a multi- . state region. Responding to the City Manager, the County GIS Coordinator stated that the County will establish a policy for the sale of GIS information, and create a value for it, as well as a policy for exchanging information. He recognized that this information could be valuable to 03-30-98 - 23 - many different organizations and people in the community, and he feels it is in the best interests of the taxpayers to provide that information at a reasonable fee. The Commissioners thanked staff for the presentation. . Break - 5:30 to 5:35 D.m. Mayor Stiff declared a break from 5:30 p.m. to 5:35 p.m., in accordance with Commission policy. Work Session (continued) - Joint meeting with County Commission: (A) uDdate re Oak Street richt of way (Proiect Engineer James Nickelson): (B) uDdate re West Babcock Street (DeDuty County Attorney Susan Swimley and City Attorney Paul Luwe): (C) uDdate re Durston Road (Public Service Director Phill Forbes): (D) uDdate on donut area (County Planning Director Dale Beland): (E) uDdate re GIS (County GIS Coordinator Allen Armstrona): and (F) uDdate re 9-1-1 Center (Fire Chief Aaron Holst) (D) Update on "donut" area County Planning Director Dale Beland stated that the process of looking at assuming jurisdiction of the "donut" area began two years ago, as a result of input received by the Study . Commission and their subsequent recommendation to the County Commission. He noted that during the review process, several requests were received from residents in the three-mile zoning jurisdiction that the County Commission assume jurisdiction over that area instead of the City Commission. He noted one of the strong arguments was that the residents in that area do not have any voice in who is elected as a City Commissioner, but they do have a voice is who is elected as a County Commissioner. The County Planning Director stated that before any steps were taken to pursue this possibility, several meetings where held between the Commissions, the Planning Boards and the staffs. He noted that the County Attorney was also asked to research the legal implication, and the results of that research were forwarded in a memo from Deputy County Attorney Susan Swimley a few months ago. He stated that, based on her conclusions, the County . Commission directed staff to pursue definition of the current legal boundaries, including the city boundaries, the zoning jurisdiction boundary and the planning jurisdiction boundary. He stated that a surveying firm was retained to do that work, and the final report is anticipated next week. 03-30-98 - - -----...------. _..._._---~------_. - . - 24- County Planning Director Beland stated that staff is nearing completion of a draft zoning regulation for the extraterritorial area, which will be submitted to the City-County Planning staff and the City-County Planning Board for review. He noted that a public hearing will follow and then possible adoption of the zoning regulation. He stated that under this proposal, a County . 201 zoning district is to be initiated, and it would vest the decision-making authority in the County Commission. The County Planning Director stated that the draft zoning regulation is based on the City's zone code, with some exceptions. He stated that it is designed with an emphasis on public heath and safety, with the same level of protection. He stressed that the document must be consistent with the Master Plan, which has been adopted by both the City and the County. He noted that, since both he and Planner Lanette Windemaker worked for the City- County Planning Department before accepting positions with the County Planning Office, they are both familiar with the City's zone code and have the technical background to quickly convert it into the draft regulation for County consideration. County Planning Director Beland stated that under the proposed regulations, zoning . applications in the extraterritorial area would be submitted to the City-County Planning Department; the City-County Planning staff would review and analyze the application and prepare the staff report, which would then be submitted to the City-County Planning Board for consideration and a recommendation; and the County Commission would make the final decision. He characterized this as the same process as that under which subdivisions in the planning jurisdiction are being considered. County Commissioner Bill Murdock asked for City Commissioner input on this proposal, noting that how zoning in the extraterritorial area is administered could impact their budgeting process. Commissioner Rudberg noted that during the period when the Study Commissions were active, the major issue talked about was jurisdiction over the extraterritorial area. Because of . that input, she feels the proposed change is appropriate. Commissioner Smiley stated her concurrence, stating it does not make sense for people to be governed by a governing body for which they are unable to vote. Commissioner Frost stated he wants to know more about the proposed change before taking a position on the proposal. He noted that the City must be able to grow and asked if 03-30-98 - 25 - development outside the city limits under a County zoning regulation will be compatible with the City's requirements. He recognized that under this proposal, the City-County Planning Board would continue to review zoning applications and forward recommendations; however, he noted that the zoning regulation upon which they base their decisions will determine the . compatibility of development. Commissioner Youngman stated she feels it is important to receive staff input after a draft regulation has been developed. She noted that undertaking a new master planning process, based on infrastructure, should provide a good basis for future growth in and around the community. She then stressed that whoever is responsible for zoning in the extraterritorial area should take steps to ensure that development is in compliance with that plan and results in wise growth in light of the provision of services. City-County Planning Director Andy Epple stated that consideration of the zoning regulation is scheduled for the May 5 City-County Planning Board meeting. He noted that staff will do an analysis of the proposed regulation, particularly in light of the adopted master plan, and forward its conclusions and recommendations in the staff report. He stated that, while he . has not seen the draft regulation, the County Planning staff has kept his office apprised of the process, and the regulation is anticipated to closely resemble the City's zoning ordinance. Commissioner Frost asked if this proposal will increase County funding to the City- County Planning Department, in light of the additional workload. City-County Planning Director Epple noted that the joint city-county planning program has worked well since the 1950s. He then suggested that County zoning regulations which are consistent with the Master Plan should work well under the program as outlined. County Commissioner Phil Olson noted that it appears from Deputy County Attorney Swimley's investigation the result is not what residents of the area may have anticipated when they indicated they wanted the County to assume jurisdiction. He stated that, as a result, he will hold his decision about the extraterritorial jurisdiction until after the public hearing. . Responding to Commissioner Rudberg, County Planning Director Beland stated he has proposed that the City-County Planning staff continue to process zoning applications for the extraterritorial area because it seems to be the most cost effective method for doing so. Further responding to Commissioner Rudberg, City-County Planning Director Epple stated that budget considerations involved with this proposal have not yet been discussed, 03-30-98 __._,,_ ._on._ - 26 - stressing that this process is still in the conceptual stages. He stated that staff will be working with the City-County Planning Board regarding this issue. He then characterized the County Planning Director's proposal as being parallel to the manner in which subdivision reviews are cond ucted . . The Commissions thanked staff for their presentation. County Commissioner Phil Olson closed the County Commission meeting. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Letter from Greg Gianforte, 1320 Manley Road, dated March 30, encouraging the Commissioners to view the Manley property during spring run-off. (2) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, March 31, in the Commission Room. (3) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, . March 31, at the Courthouse. (4) Agenda for the Yellowstone Country board meeting scheduled for 7:00 p.m. on Wednesday, April 1, at the Hotel Montana in Reedpoint. (5 ) The City Manager stated that he attended a presentation by the Professional Development Center in Helena on the right to know and the right to privacy laws. He noted that several attorneys from the Secretary of State's Office were in attendance at the seminar, mainly because of the amount of confidential material they handle. (6) Commissioner Rudberg submitted the following. (1) Stated that she received a telephone call a couple of weeks ago from a lady who was concerned about the condition of the flags in front of City Hall. She then suggested that replacement of the flags could possibly be tied to special holidays. (2) Asked for a Commission work session item to discuss the issue . of posting flyers on poles around the community. (3) Asked for a work session item to discuss the notes from the Tree Advisory Board meeting. (4) Asked for a work session item to discuss variances and the possibility of changing the code to provide that the Board of Adjustment acts on all variances instead of the Commission acting on them. 03-30-98 . _ u____._..______________.__n.__ -...----.---..--- --'~- ~._-- -..--- ------ - 27 - Adjournment - 6:00 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being . Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. ~~ ~f ATTEST: L M. STIFF, Mayor (/~J~ ROBIN L. SUlUV AN ' Clerk of the Commission . . 03-30-98