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HomeMy WebLinkAbout2001-04-09 Minutes, City CommissionMINUTES OF THE COMMISSION MEETING/WORK SESSION OF THE CITY COMMISSION BOZEMAN, MONTANA April 9, 2001 The Commission of the City of Bozeman met in regular session and work session in the Commission Room, Municipal Building, on Monday, April 9, 2001, at 6:00 p.m. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the call to order, Pledge of Allegiance and a moment of silence. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Proclamation - "Fair Housing Month" - April 2001 Proclamation - Public Safety Dispatchers' Week" - April 8-14, 2001 Proclamation - "Crime Victims' Rights Week" - April 22-28, 2001 Acknowledge receipt of staff report - annexation of 1.869-acre parcel described as Parcel B, COS No. 2056 (south side of West Villard Street between Greenway Drive and Western Drive) (A-0101) Commission Resolution No. 3433 - intent to annex 1.869-acre parcel described as Parcel B, COS No. 2056 (south side of West Villard Street between Greenway Drive and Western Drive); set public hearing for May 7, 2001 COMMISSION RESOLUTION NO. 3433 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Authorize City Manager to sign - Annexation Agreement with Ronald Davis for annexation of 14.58 acres described as Tract 1, COS No. 2050 (east of Davis Lane between Baxter Lane and Valley Center Road) Authorize City Manager to sign - Annexation Agreement with SANDAN, LLC for annexation of 60.65 acres and delayed annexation of 59.03 acres described as Lots lA and 2A, Minor Subdivision No. 145A; Tract 2, COS No. 2050; and plat of record on Film 12, Page 1159, Gallatin County records (east side of Davis Lane between Baxter Lane and Valley Center Road) Authorize City Manager tO sign - three Public Street Easements with Ronald Davis and SANDAN, LLC: (1) 65-foot easement for North 27th Avenue and 30-foot easement for Hulbert Road; (2) 50-foot-wide easement for Davis Lane; and (3) 65-foot-wide easements for North 27th Avenue and Deadman's Gulch Road 04-09-2001 -2- Commission Resolution No. 3434 - annexing 75.23± acres of land described as a portion of Tract 1, COS No. 2050, Lot 2A of Minor Subdivision No. 145A, and a portion of Tract 2 of Certificate of Survey No. 2050 and providing for delayed annexation of 59.03 ± acres described as Lot lA and a portion of Lot 2A of Minor Subdivision No. 145A, a portion of Tract 2 of COS No. 2050 and the property described on the plat of record, Film 12, Pa.qe 1159 (SANDAN/Davis) COMMISSION RESOLUTION NO. 3434 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS TRACTS OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS. Commission Resolution No. 3435 - amending the Master Plan by revising the land use designation on 75.23 ±acres of land described as a portion of Tract 1, COS No. 2050, Lot 2A of Minor Subdivision No. 145A, and a portion of Tract 2 of Certificate of Survey No. 2050 from "Urban Residential" to "Commercial" and "Urban Residential Infill" COMMISSION RESOLUTION NO. 3435 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE 1990 BOZEMAN AREA MASTER PLAN UPDATE BY CHANGING THE LAND USE ELEMENT ON 134.24 ACRES DESCRIBED AS THE EASTERN 765 FEET OF TRACT I OF C.O.S. NO. 2050, ALL OF MINOR SUBDIVISION NO. 145A, TRACT 2 OF C.O.S. 2050, AND A PARCEL DESCRIBED IN FILM 12, PAGE 1159 AT THE GALLATIN COUNTY CLERK AND RECORDER'S OFFICE FROM "URBAN RESIDENTIAL" TO "COMMERCIAL" ON 22 +ACRES EAST OF THE NEW ALIGNMENT OF NORTH 27TH AVENUE AND TO "URBAN RESIDENTIAL INFILL" ON 52.79 ±ACRES WEST OF SAID ALIGNMENT. Authorize City Manager to sign - Professional Services Agreement with Aquacraft, Inc. - preparation of water conservation plan for the City Authorize City Manager to sign - Trail Corridor Easement between City and Machinery Power & Equipment Co. - for 12-foot-wide easement across Lot 2, Block 3, Gardner-Simmental Plaza Subdivision {2770 North 19th Avenue) Authorize City ManaR~r to sign - Amendment No. I to Agreement for Appraisal Services for West Babcock Street - Blue Star Valuation Services Authorize City Manager to sign - Lease between City and Department of Environmental Quality for 10-foot by 10-foot section of roof on City Hall Annex for air monitoring station Authorize City Manager to siqn - Management Agreement between City and the Bozeman Senior Citizen Center Reject bids for storage building at lower yards Building Inspection Division report for March 2001 Claims It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being 04-09-2001 -3- Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. Ordinance No. 1535 - Zone Map Amendment - establishinq initial zoninq desiqnations of "M-1" (Li.qht Manufacturing) on 22.44 acres, "R-O" (Residential-Office) on 31.72 acres, and "R-3" (Residential- Medium-density) on 21.07 acres described as being a tract of land I¥in.q in the NW~A, Section 35, TlS, R5E, MPM Included in the Commissioners' packets was a copy of Ordinance No. 1535, as approved by the City Attorney, entitled: ORDINANCE NO. 1535 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN OFFICIAL ZONING MAP ZONING DISTRICT DESIGNATIONS TO ESTABLISH INITIAL ZONING DESIGNATIONS OF "M-I" (LIGHT MANUFACTURING) ON 22.44 ACRES, "R-O" (RESIDENTIAL-OFFICE) ON 31.72 ACRES, AND "R-3" (RESIDENTIAL-MEDIUM-DENSITY) ON 21.07 ACRES LYING IN THE NORTHWEST ONE-QUARTER OF SECTION 35, TOWNSHIP I SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN, GALLATIN COUNTY, It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Ordinance No. 1535, establishing initial zoning designations of "Mol", Light Manufacturing, "R-O", Residential-Office, and "R-3", Residential-Medium-density, on property generally lying east of Davis Lane between Baxter Lane and Valley Center Road, be provisionally adopted and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. Commission Resolution No. 3436 - revising the rules of procedure Included in the Commissioners' packets was a copy of Commission Resolution No. 3436, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3436 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE RULES OF PROCEDURE FOR THE CONDUCT OF CITY COMMISSION BUSINESS. City Manager Johnson stated the revision is proposed because of the number of public hearings currently being scheduled. He noted that, with the limit of four land use hearings per night, public hearings are now being scheduled out into July; and applicants are beginning to call him with their concerns. He stated that, by allowing public hearings to be scheduled for every Monday night, those public hearings could be held sooner. He voiced his interest in keeping the fifth Mondays for work sessions only; but noted that could be accommodated under the proposed revision, simply by appropriately scheduling the hearings. He indicated that, with this change, there will no longer be a draft agenda and initial packet prepared a week ahead of the meeting; rather, all support information will be included in the packet for the upcoming meeting. Mayor Youngman asked that, if this revision is approved, the Commissioner packets be ready on Thursdays again. Clerk of the Commission Sullivan stated that, with the weekly packets being for only one meeting, her office can have them ready for the Commissioners to pick up at 4:00 p.m. on Thursdays. 04-09-2001 -4- Commissioner Brown voiced his strong interest in keeping the fifth Mondays open, with no public hearings scheduled. He also indicated his concern about the impacts this may have on staff time and stressed the importance of ensuring that the length of the Commission meetings is not artificially expanded with this change. Mayor Youngman stated she is willing to be cooperative with the business community by allowing for public hearings to be held more weeks of the month. She noted, however, that steps must be taken to ensure adequate time is available to meet with community groups in work session settings. In response to questions from Commissioner Kirchhoff, Commissioner Frost reviewed the process before the work session meetings were initiated, noting that the change was made to lessen staff burn-out and to give the Commissioners more time to review upcoming projects. Planning Director Epple indicated that his office should be able to accommodate the proposed procedural change. He suggested, however, that the land use related hearings be limited to three per meeting, which will still allow for half again as many public hearings to be held each month. He noted that his staff works with the City Manager and Clerk of the Commission to ensure that controversial projects are not scheduled on the same agenda. Responding to questions from Commissioner Frost, City Attorney Luwe indicated that the Commissioners may talk to staff between the close of a public hearing and the decision. He stated that No. 11 on Page 6 should be revised to more accurately reflect that, and indicated that he will prepare a revision for Commission consideration at next week's meeting. Commissioner Kirchhoff indicated he does not support the proposed change in scheduling for Commission meetings, noting the only reason for doing so seems to be the convenience of those who want to move faster. He voiced concern about receiving the plans on Thursday for a project on which the Commission is expected to act on Monday, noting that does not leave adequate time for him to talk to staff and do his own research. Mayor Youngman noted that a Commissioner still has the option of requesting a one-week delay on making a decision if additional time is needed, and recognized there are trade-offs between the two processes. In response to additional concerns voiced by Commissioner Kirchhoff regarding the potential lateness of meetings, Commissioner Brown pointed out that the rules of procedure state the meetings will be adjourned by 9:00 p.m. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that Commission Resolution No. 3436, revising the rules of procedure, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No being Commissioner Kirchhoff. Decision - Conditional Use Permit and Certificate of Appropriateness for removal of existin(~ Qara~e, construction of a new 26-fo0t by 38-foot two-story, two-car garage/office/accessory dwelling attached to main residence through enclosed colonnade and patio addition, and significant modifications and addition to existing residence on Lots 21-24, Block 10, Butte Addition; with deviations from Section 18.16.050, 18.50.060.C., 18.50.050.G., and 18.50.110, Bozeman Municipal Code, to allow proposed .qarage/office/accessory dwelling unit to encroach 14 feet into required 20- foot rear yard setback, additions to encroach 11 inches into required 15-foot corner side yard setback, new unit to occupy more than 25 percent of required 20-foot rear yard setback, and allow reduction of on-site parking spaces from four to two - Thomas Bitnar for Brent and Lindsay Wilson, 1002 South Third Avenue (Z-01008) This was the time and place set for the decision on the Conditional Use Permit and Certificate of Appropriateness requested by Thomas Bitnar for Brent and Lindsey Wilson, under Application No. Z-01008, for removal of existing garage, construction of a new 26-foot by 38-foot two-story, two-car 04-09-2001 -5- garage/office/accessory dwelling attached to main residence through enclosed colonnade and patio addition, and significant modifications and addition to existing residence on Lots 21 through 24, Block 10, Butte Addition; with deviations from Section 18.16.050, 18.50.060.C., 18.50.050.G., and 18.50.110 of the Bozeman Municipal Code, to allow the proposed garage/office/accessory dwelling unit to encroach 14 feet into required 20-foot rear yard setback, additions to encroach 11 inches into required 15-foot corner side yard setback, new unit to occupy more than 25 percent of required 20- foot rear yard setback, and allow reduction of on-site parking spaces from four to two spaces. The subject property is located at 1002 South Third Avenue. Mayor Youngman stated that she had asked staff to talk to the applicant about the possibility of utilizing the recently established mediation process prior to the Commission making a decision on this application, in an effort to resolve the differences raised during last week's hearing. Historic Preservation Planner Derek Strahn gave a brief update on this project. He indicated that, during a brief meeting, with the attorney for the applicant, the attorney indicated the applicants were not willing to go through the mediation process; rather they feel they have made all of the concessions possible and that the colonnade should be approved as requested. Planning Director Epple noted the applicants would have been more receptive to the mediated settlement process if it had been raised earlier; however, he also recognized this option was not available until very recently. Commissioner Smiley shared with the Commission an excerpt from a taped 20/20 program, in which a property owner protest over the location of his neighbor's house resulted in a County mandate to move the house, which had been in its location for 25 years, 30 inches further from the property line. Commissioner Smiley identified changes and expansions of homes that have occurred in recent years in various areas of the community. She stressed the importance of allowing different sizes of homes within an area and allowing older homes to be updated to accommodate today's lifestyles. She recognized that the subject area was probably the upper middle class when it was built; and today, it is more middle class. She voiced her support for the project as proposed, and concluded by recognizing the importance of allowing this type of improvement in the inner city. Commissioner Kirchhoff stated that he concurs with both Commissioner Smiley's comments and Historic Preservation Planner Strahn's staff report. He stated that, since this property is located within an historic district, this application must be considered in light of the applicable criteria. He concurs with the staff report and the recommended conditions of approval, including the one pertaining to the colonnade. Commissioner Brown briefly highlighted some of the issues covered under the Secretary of the Interior's Standards, including the limitations on size and scale, the relationship of the addition to the original structure, and non-period appurtenances. He stated that the length of the proposed colonnade is unprecedented and would result in a massive structure along West Cleveland S.treet that is not appropriate for the historic district. He concluded by forwarding his concurrence with the staff report and recommended conditions. Commissioner Frost noted this has not been an easy project; and the input from neighbors and the Design Review Board has been evenly divided. He characterized the staff report as being very thorough and complete. He voiced his support for the project as proposed, noting that it would not result in overbuilding of the lot; however, he noted it would be inappropriate in.light of the Secretary of Interior's Standards. He stated that if the colonnade were an open breezeway, it would be more acceptable; however a glass colonnade will become more closed, particularly during the summer, as shades or curtains are pulled to reduce the heat. He concluded by noting he will miss the trees, but they are on private property; and concurred in the staff report and recommended conditions for approval. Mayor Youngman noted that all parties involved feel that they have compromised significantly on this project. She stated that, in this instance, the Secretary of Interior's Standards and the criteria 04-09-2001 -6- for considering deviations must be carefully 'considered. One of those criteria is that the project has minimal adverse impacts on abutting properties. In this instance, of the eight people abutting the property, one is out of the country, one has not spoken, one has spoken in favor, and five have spoken in opposition to various elements of the project. She noted that some of those elements are within the provisions of the code; however, the colonnade is one for which a deviation is required and, in light of the criteria under which that element is reviewed, she cannot support it. She recognized there are some legitimate purposes for the colonnade, such as a room for the mechanical equipment, utility area and closets, and suggested that the applicant be allowed to add space to accommodate those purposes without coming back through the complete review process. Historic Preservation Planner Strahn suggested that Condition No. 6 could be expanded to allow for administrative review and approval. Commissioner Smiley characterized the Secretary of the Interior's Standards as guidelines; and reiterated her support for the project as proposed. Responding to comments from Mayor Youngman, Commissioner Frost stated he discussed the possibility of allowing a colonnade that meets code requirements with Historic Preservation Planner Strahn; however, the results of those changes would be worse than the project as proposed. Responding to additional Commissioner comments regarding Mayor Youngman's proposal to allow an additional expansion for the mechanical equipment, City Attorney Luwe proposed that, at the end of No. 6.e., a statement be added at the end which states "... or any new additions or expansions necessary to accommodate mechanical systems be reviewed under 6.f., below." Commissioner Smiley indicated that she will support a motion that approves this application with the recommended conditions because she likes the project; however, she still feels the colonnade should be allowed. It was moved by Commissioner KirChhoff, seconded by Commissioner Brown, that the Conditional Use Permit and Certificate of Appropriateness requested by Thomas Bitnar for Brent and Lindsey Wilson, under Application No. Z-01008, for removal of existing garage, construction of a new 26-foot by 38-foot two-story, two-car garage/office/accessory dwelling attached to main residence through enclosed colonnade and patio addition, and significant modifications and addition to existing residence on Lots 21 through 24, Block 1 O, Butte Addition; with deviations from Section 18.16.050, 18.50.060.C., 18.50.050.G., and 18.50.110 of the Bozeman Municipal Code, to allow the proposed garage/office/accessory dwelling unit to encroach 14 feet into required 20-foot rear yard setback, additions to encroach 11 inches into required 15-foot corner side yard setback, new unit to occupy more than 25 percent of required 20-foot rear yard setback, and allow reduction of on-site parking spaces from four to two spaces be approved, subject to the following conditions: 1. In order to meet the stipulations of the Bozeman zone code regarding accessory dwelling units as outlined in Section 18.50.020.C. 12: The applicant shall record a binding deed restriction or a restrictive covenant amendable only by the Bozeman City Commission with the Gallatin County Clerk and Recorder's Office. Said document will ensure that the following conditions are met and continue to be met during the life of the accessory dwelling unit: Either the principal residence or the accessory dwelling unit shall actually and physically be occupied as a principal residence by at least one owner of record who possesses at least an estate for life or a fifty percent fee simple ownership interest; 2. No more than one on-site living unit can be rented by the owners of record; 04-09-2001 -7- 3. One paved off-street parking space shall be provided for the exclusive use of the accessory dwelling unit; 4. The occupancy of the proposed accessory dwelling unit shall not exceed two persons; 5. The accessory dwelling shall not exceed one thousand square feet; 6. No other accessory dwelling unit shall be created on this lot; and 7. The proposed accessory dwelling unit shall comply with any and all City of Bozeman Building Department standards. Should the City determine that these stipulations are not being followed, the Conditional Use Permit for the accessory dwelling unit shall be revoked and the improvements establishing the ADU shall be removed at the owner's expense. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. As per Section 18.53.030.B, the City Commission shall impose the following conditions upon every CUP granted: Ao The right to a Use and Occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use procedure; All special conditions shall constitute restrictions running with the land use, shall be binding upon the owner(s) of the land, his or her successors or assigns, shall be consented to in writing, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner(s) prior to the issuance of any building permits, final site plan approval, or commencement of the conditional use. The final site plan shall conform to all requirements of the Bozeman zone code, shall be adequately dimensioned (e.g. provide dimensions of typical parking space, regular and disabled, access widths, driving aisle widths, sidewalk widths, boulevard widths), and in addition to the information shown on the preliminary plan, shall show the following: A. The percentage and square footage of driveway and parking areas; The location and size of all water and sewer lines, mains, and easements, and fire hydrants within 100 feet of the property, both existing and proposed, for the rehabilitated historic building. The location of the domestic water line inside the buildings, with its corresponding size, must be accurately shown, and approved by the City Water Department. Landscaping: All requirements of the landscape section of the zoning ordinance shall be complied with including, but not limited to: preparation and certification of the final landscape plan by a qualified individual and a table and/or narrative indicating how the landscape plan meets the required points. D. Lighting: The final site plan shall show the location for and detail of any and all proposed lighting. Lighting must be arranged to deflect light down 04-09-2001 -8- and away from adjoining properties and must not detract from driver visibility on adjacent roads per requirements outlined in Sections 18.50.035.A.1 and 18.50.120.B.9. All utilities and mechanical equipment shall be identified and located on the final site plan, and shall be screened per Section 18.50.070.E, Bozeman zone code. The applicant shall certify in writing that the required on-site improvements have been installed according to the approved final site plan, prior to issuance of an Occupancy Permit by the Building Department. Required on-site improvements which may be financially guaranteed prior to issuance of an Occupancy Permit may include landscape, landscape irrigation, fences, project identification signs, refuse screening, or other improvements approved by the DRC. The decision on which improvements may be financially guaranteed shall be based on a finding that unsafe or hazardous conditions, will be not be created or perpetuated without the installation of certain improvements, or that the property will not have an unacceptable adverse impact on adjoining properties until such improvements are installed. Drive approach and public street/alley intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. In order to make this project more historically appropriate, more compatible with the Bozeman zone code, preserve one additional mature tree on site, and address significant neighborhood concerns, the proposed enclosed colonnade shall be eliminated. Ao In eliminating the enclosed colonnade, the modified main residence shall be physically separated from the proposed new garage to the greatest extent possible. The existing trees now standing between the garage and the main residence shall be preserved and care shall be taken to ensure that they are not damaged during construction. Co Remaining yard space shall be defined and privacy shall be assured through traditional means, such as fences, hedges and other forms Of landscaping, which have historic precedent in this vicinity. Any new fences (such as those proposed in alternate drawings two and three) shall conform with requirements outlined in Section 18.50.070 of the Bozeman zone code and shall be no more than six feet in height. Landscaping shall be utilized to soften the exterior wall-like appearance of any new fencing proposal. The mechanical systems currently located underneath the proposed colonnade shall be relocated and housed (within the main residence, the proposed garage, or both) as necessary, or any new additions or expansions necessary to accommodate mechanical systems shall be reviewed under 6..f., below. A revised site plan and elevations, detailing these alterations shall be submitted to the Historic Preservation Planner for administrative review and approval, prior to the issuance of a final site plan and building permit. 04-09-2001 -9- 7. In order to compensate for the loss of mature landscaping: A. At least three new, large caliper maple trees shall be planted on site; B. Other mature landscaping damaged or removed during construction shall be replaced to the greatest extent possible. A revised landscaping plan, detailing these alterations shall be submitted to the Historic Preservation Planner for administrative review and approval, prior to the issuance of a final site plan and building permit. 8. In an attempt to make this project as compatible with its historic surroundings as possible: A. The proposed siding shall be a narrow cedar lap siding of 4-inch exposure or less; B. The proposed windows shall be wooden, true divided light windows; C. The proposed roofing material shall be heavy grade wooden shingles or shakes; D. The proposed color of the new and modified structures shall be in keeping with neighborhood precedents and/or craftsman architectural traditions. A sample of the proposed masonry shall be submitted to the Historic Preservation Planner for administrative review and approval, prior to the issuance of a final site plan or building permit. 10. The applicant shall obtain building and demolition permits within one year of Certificate of Appropriateness approval or this approval shall become null and void. 11. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman zone code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Break - 7:00 to 7:12 p.m. Mayor Youngman declared a Commission policy. break from 7:00 p.m. to 7:12.p.m.,.in accordance with Work Session - (A) Recognition r)roQrams for extraordinary service by staff and volunteers; (B) Review of Commissioner comments re WaIMart expansion proposal (A) Recognition programs for extraordinary service by staff and volunteers City Manager Johnson noted that a couple different efforts have been made to recognize extraordinary service by staff or by volunteers, with those efforts resulting in minimal success. He noted that some communities have a Commission-driven reward system that has no rules; rather, the governing body simply identifies outstanding performance and rewards it. He indicated that an article 04-09-2001 -10- in the Billings Gazette last week revealed that the Billings City Council awarding $1,000 to an employee who had done something outstanding and a plaque to another employee. He suggested that, in many instances, a certificate or plaque and recognition in the newspaper may be adequate. The City Manager cautioned that one of the pitfalls in this type of program is that "what gets measured gets done". He noted that, when a bonus is involved, people will often knock themselves out to do something to get recognized while letting other things slide. He stated another reward program used by the City has been the "gold card", which is an employee nomination for outstanding service that is put into the employee's file. He indicated that, on the volunteer side, there have been few efforts to recognize the extraordinary service or monumental tasks that they may perform from time to time. Mayor Youngman stated she likes the regular ads, with pictures, that the School District puts in the newspaper to recognize students or teachers, and suggested the City could implement a similar procedure. She then identified several volunteers that should be considered for recognition, noting the first round of recognition will probably include a large number of people simply because the Commission will be playing catch up. .Commissioner Smiley suggested that a picture gallery be set up in City Hall, so the pictures of those being recognized can be posted for a period of time. Following additional discussion about possible elements to be included .in a recognition program, all of the Commissioners indicated support for the concept and agreed that a committee, including the Ma~/or and Mayor Pro Tempore as well as staff members, be created to identify those staff members and volunteers who should be recognized and the mechanism for doing so, with final review and approval by the Commission. (B) Review of Commissioner comments re WalMart expansion proposal Included in the Commissioners' packets was a copy of Commissioner Frost's comments regarding this project; Commissioner Brown distributed copies of his written comments just prior to the meeting. Mayor Youngman stated her concurrence with the written comments forwarded by both Commissioners; and identified housing as a key issue that needs mitigation, based on both wage and housing information in the Bay Area Economics (BAE) study. Commissioner Smiley stated the economic impact of the company on the community is her main concern. She identified WalMart as both part of the problem and part of the solution, noting that the Iow salaries they pay simply increase the population base that relies on the store's Iow prices. Commissioner Kirchhoff stated he has identified two separate issues. The first is the wages and benefits paid to employees. The second is WalMart's practice of purchasing properties vacated by businesses forced out through competition. Mayor Youngman noted that, from the information she has read, WalMart has a tendency to purchase properties vacated by the competition and leave them vacant, with the result being blighted properties. She suggested a condition requiring that any properties acquired in this manner be put back on the market within a specific period of time be considered during the review process. Responding to City Attorney Luwe, the Commissioners indicated that these comments are to be forwarded to the applicant, to be addressed in the submittal, and to the Planning staff, for consideration during the' review process. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. 04-09-2001 11- (1) Letter from Joan Montagne, Bozeman Watershed Council, encouraging the City to be proactive in water conservation measures this year. Responding to Commissioner Kirchhoff, City Manager Johnson stated that Director of Public Service Arkell and Water Treatment Plant Superintendent Elliott have been working on a plan for this summer, if the need arises. He cautioned that this is too early to implement a water conservation program to address drought. Mayor Youngman noted that the water conservation consultant will not have a plan ready for this summer. She noted, rather, that the consultant had scheduled public input for mid- to late- summer, and the committee has requested the input period be extended through September since many people are gone during the summer. (2) Letter from GalaVan, dated April 4, asking that the City budget one full mill for senior transportation for the upcomi.ng fiscal year. (3) Copy of a notice of public hearing before the County Planning Board for rezoning of property at the intersection of Springhill Road and Highway 10. (4) Newsletter from Headwaters Recycling, announcing that the next meeting will be held at 10:00 a.m. on April 11 at Boulder. (5) 2001. Minutes from the Gallatin City-County Board of Health meeting held on February 22, (6) Agenda for the School Board meeting being held at 7:00 p.m. on Monday, April 9, at the Willson School (7) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, April 10, at the Courthouse. (8) Agenda for the Development Revie~v Committee meeting to be held at 10:00 a.m .on Tuesday, April 10, at the Professional Building. (9) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, April 10, at the Professional Building. (10) City Manager Johnson submitted the following. (1) Noted that proposals are being received for a consultant for the SID to reconstruct Durston Road and asked if any of the Commissioners are willing to serve on the selection committee; Commissioner Brown indicated he would. (2) Announced that John Mandeville is to "throw the switch" on the traffic signal at the intersection of North 7th Avenue and Mandeville Lane/Griffin Drive at 10:00 a.m. on Wednesday, April 11. (11 ) City Attorney Luwe stated that, with the change to self-government powers, his office will be revising its duties from reviewing all documents to training staff members and implementing a quality assurance program for boilerplate documents with attorney review of only non-standard documents and revisions to standard documents. He noted that this should speed up the process of placing items on the agenda. (12) Commissioner Frost submitted the following. (1) Stated that the selection committee for the transfer station turned in their evaluations last week. (2) Attended the Library Board meeting on Friday. He noted that preliminary testing on the site reveals the most contaminated area is inside the fence. (3) Announced that the Friends of the Ellen have just received their tax exempt status and may now begin fundraising efforts. (13) Commissioner Brown reminded the other Commissioners of the open house at the 9~ 1 -1 center from noon to 5:00 on Saturday afternoon. 04-09-2001 -12- (14) Mayor Youngman stated that she attended the Tree Advisory Board meeting last week. Among the topics of conversation at that meeting were several issues involving the Montana Department of Transportation, including allowing the planting of trees along North 1 9th Avenue and recent pruning of trees along North Rouse Avenue. She noted that she is currently drafting a letter to the MdoT, per Commission discussion a few weeks ago, and asked if the Commissioners would agree to expanding that letter to discuss tree issues and possible development of a Memorandum of Understanding; the Commissioners concurred. (15) Mayor Youngman stated that the April 12 Parking Commission meeting is to be devoted to preparing for the April 20 retreat; and Mr. Dabney will make his presentation at the April 20 meeting. (16) Mayor Youngman noted that Clean Up Bozeman Day is scheduled for Saturday, April 21 and asked if the Commissioners plan to clean up around City Hall. Following discussion, a majority of the Commissioners indicated they will spend at least an hour cleaning up around City Hall. Adjournment - 8:00 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Kirchhoff, Commissioner Brown, Commissioner Smiley and Mayor Youngman; those voting No, none. MARCIAB. YOUN MA~~N, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission 04-09-2001