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HomeMy WebLinkAbout2004-08-09 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 9, 2004 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, August 9,2004, at 7:00 p.m. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala, Acting City Manager Ron Brey, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Acting City Attorney Tim Cooper and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes - April 26. May 3. May 17. May 24. June 7 and August 2.2004 It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes of the meetings of April 26, May 17 and August 2, 2004, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala and Mayor Cetraro; those voting No, none. Mayor Cetraro deferred action on the minutes of the meetings of May 3, May 24 and June 7,2004, to a later date. Consent Items Acting City Manager Brey presented to the Commission the following Consent Items. Authorize Actina City Manaaer to sign - Annexation Agreement between Jerald Swenson and the City of Bozeman - annex 8.06 acres described as a portion of Lot 1. Minor Subdivision No. 221. adiacent portion of Roxi Lane abandoned. and adiacent portion of Valley Center Road Commission Resolution No. 3706 - annexing 8.06 acres described as a portion of Lot 1. Minor Subdivision No. 221. adiacent portion of Roxi Lane abandoned. and adiacent portion of Vallev Center Road COMMISSION RESOLUTION NO. 3706 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT 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 TRACT. Ordinance No. 1620 - establishina an initial municipal zonina desianation of "B-2". Community Business. on 8.06 acres described as a portion of Lot 1. Minor Subdivision No. 221. adiacent portion of Roxi Lane abandoned. and adiacent portion of Valley Center Road: provisionallY adopt and brina back in two weeks for final adoption ORDINANCE NO. 1620 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL MUNICIPALZONING DESIGNATION OF "B-2" (COMMUNITY BUSINESS DISTRICT) ON 08-09-04 --- - 2 - 8.06 ACRES LOCATED IN THE SW % OF SECTION 26, T1S, R5E, PMM, GALLATIN COUNTY, MONTANA. Authorize Mayor to sign - Findings of Fact and Order for the preliminary plat for West Winds Subdivision. Phases 1A and 1 B (subdivide 31.05 acres into 46 sinale- household. 40 townhouse and 2 multi-household lots) (portion of the 160.30- acre parcel Iyina between Baxter Lane and West Oak Street. and between North 27th Avenue and Davis Lane) Authorize Acting City Manager to sign - Acceptance of Sewer Pipeline Access Easement and Aareement - Hinesley Family Limited Partnership No.1- 30- foot-wide strip across Lot 1. Block 6. Laurel Glen SubdiYision. Phase 1 (extendina west from Forestalen Drive) Award bid - 2004 model inside/outside cable reevina hoist and trailer for Sanitation Division - Solid Waste Systems. Inc.. Spokane. Washington - in the bid amount of $47.989.00 Award bid - pool water heater (boiler) replacement at Swim Center - Ace Kellv Hall Plumbing and Heatina. Bozeman. Montana - in the bid amount of $24.750.00 Claims It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, 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 Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss and Mayor Cetraro; those voting No, none. Public comment No comment was received under this agenda item. Authorize Actina City Manaaer to sian - Settlement Aareement with Steven Wenzel. Susan Smiley. Conrad Yerger. Lillian Yerger. Leland Ferauson and Don Beatty for purchase ofriaht-of-wayforWest Babcock Street adiacent to respective properties and attendant documents Included in the Commissioners' packets was a memo from Staff Attorney Patricia Day-Moore, dated August 4, 2004, forwarding copies of the Settlement Agreement with Steven Wenzel, Susan Smiley, Conrad Yerger, Lillian Yerger, Leland Ferguson and Don Beatty for purchase of right-of-way for West Babcock Street adjacent to their respective properties, along with the following supporting documents: (1) Quit Claim Deed from Conrad Yerger, Jr., and Lillian M. Yerger for a 32~-foot-wide by 99-foot-long strip along the south side of West Babcock Street adjacent to 2604 West Babcock Street (Parcel No. 19); (2) Temporary Access Easement and Agreement from Conrad Yerger, Jr., and Lillian M. Yerger for a 10-foot-wide strip along the south side of the right-of-way for West Babcock Street adjacent to 2604 West Babcock Street; (3) Quit Claim Deed from Donald D. Beatty for a 32~-foot-wide by 90%-foot-long strip along the south side of West Babcock Street adjacent to 2520 West Babcock Street (Parcel No. 21); (4) Temporary Access Easement and Agreement from Donald D. Beatty for a 1 O-foot-wide strip along south side of the right-of-way for West Babcock Street adjacent to 2520 West Babcock Street; (5) Quit Claim Deed from Leland S. Ferguson for a 32~-foot-wide by 1401f4-foot-long strip along the south side of West Babcock Street adjacent to 2530 West Babcock Street (Parcel No. 20); (6) Temporary Access Easement and Agreement from Leland S. Ferguson for a 1 O-foot-wide strip along the south side of West Babcock Street adjacent to 2530 West Babcock Street; (7) Quit Claim Deed from Steven L. Wenzel and Susan J. Smiley for a 32~-foot-wide by approximately 81.2-foot-long strip along the south side of West Babcock Street adjacent to 2502 West Babcock Street (Parcel No. 23); (8) Temporary Access Easement and Agreement from Steven L. Wenzel and Susan J. Smiley for a 10-foot-wide strip along south side of West Babcock Street adjacent to 2502 West Babcock Street; and (9) Utility Access Easement and Agreement from Steven L. Wenzel and Susan J. Smiley for an easement ranging from 4.69 feet to 9.34 feet wide across property described on Film 110, Page 2885 (2502 West Babcock Street). 08-09-04 .....-.-.--...-....--- - 3 - Staff Attorney Day-Moore stated that under this item and the next two agenda items, six of the final ten property owners along West Babcock Street are represented; and if all of these documents are accepted, negotiations with four property owners will remain. She briefly highlighted this agenda item, noting that under the settlement agreement, the City will pay a lump sum of a little over $44,000, which will be divided among the four property owners. She indicated that, once the documents are approved by the Commission and executed by the Acting City Manager, the appropriate documents will be recorded and payment made within thirty days. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that Acting City Manager Brey be authorized and directed to sign the Settlement Agreement with Steven Wenzel, Susan Smiley, Conrad Yerger, Lillian Yerger, Leland Ferguson and Don Beatty for purchase of right-of-way for West Babcock Street adjacent to the respective properties and the attendant documents, as follows: Acceptance of the Quit Claim Deed from Conrad Yerger, Jr., and Lillian M. Yerger for a 32Y:z-foot-wide by 99-foot-long strip along the south side of West Babcock Street adjacent to 2604 West Babcock Street (Parcel No. 19); Acceptance of the Temporary Access Easement and Agreement from Conrad Yerger, Jr., and Lillian M. Yerger for a 10-foot-wide strip along the south side of the right-of-way for West Babcock Street adjacent to 2604 West Babcock Street; Acceptance of the Quit Claim Deed from Donald D. Beatty for a 3211z-foot-wide by 90%-foot-long strip along the south side of West Babcock Street adjacent to 2520 West Babcock Street (Parcel No. 21); Acceptance ofthe Temporary Access Easement and Agreement from Donald D. Beatty for a 1 O-foot-wide strip along the south side of the right-of-way for West Babcock Street adjacent to 2520 West Babcock Street; Acceptance of the Quit Claim Deed from Leland S. Ferguson for a 32Y:z-foot-wide by 1401,4-foot-long strip along the south side of West Babcock Street adjacent to 2530 West Babcock Street (Parcel No. 20); Acceptance of the Temporary Access Easement and Agreement from Leland S. Ferguson for a 1 O-foot-wide strip along the south side of West Babcock Street adjacent to 2530 West Babcock Street; Acceptance of the Quit Claim Deed from Steven L. Wenzel and Susan J. Smiley for a 3211z-foot-wide by approximately 81.2-foot-long strip along the south side of West Babcock Street adjacent to 2502 West Babcock Street (Parcel No. 23); Acceptance of the Temporary Access Easement and Agreement from Steven L. Wenzel and Susan J. Smiley for a 1 O-foot-wide strip along the south side of West Babcock Street adjacent to 2502 West Babcock Street; and Acceptance of the Utility Access Easement and Agreement from Steven L. Wenzel and Susan J. Smiley for an easement ranging from 4.69 feet to 9.34 feet wide across property described on Film 110, Page 2885 (2502 West Babcock Street). The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman and Mayor Cetraro; those voting No, none. Authorize Acting City Manager to sign - (a) Purchase Aareement between City and Edith J. Rowe for 32%-foot-wide by 1 OS-foot-Iong striD alona south side of West Babcock Street adiacent to 2500 West Babcock Street and attendant documents Included in the Commissioners' packets was a memo from Staff Attorney Patricia Day-Moore, dated August 4,2004, forwarding the Purchase Agreement between City and Edith J. Rowe for 3211z-foot-wide by 1 05-foot-long strip along south side of West Babcock Street adjacent to 2500 West Babcock Street and the following attendant documents: Quit Claim Deed from Edith J. Rowe for a 3211z-foot-wide by 105-foot-long strip along the south side of West Babcock Street adjacent to 2500 West Babcock Street (Parcel No. 24); and Temporary Access Easement and Agreement from Edith J. Rowe for a 15-foot-wide strip along the south side of West Babcock Street adjacent to 2500 West Babcock Street. Staff Attorney Day-Moore indicated that under this and the next agenda item, two additional portions of the right-of-way for West Babcock Street are to be acquired. She noted that there is a significant difference in the amounts to be paid to the two property owners for almost identical amounts of property; much of that difference is due to issues such as ditches, pavement and trees. She concluded by noting that these property owners accepted the City's offer in February but were held until the settlement agreement in the previous agenda item had been accepted. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that Acting City Manager Brey be authorized and directed to sign the Purchase Agreement between City and Edith J. Rowe for a 3211z-foot-wide by 105-foot-long strip along the south side of West Babcock Street adjacent to 2500 West Babcock Street; Acceptance of the Quit Claim Deed from Edith J. Rowe for a 32Y:z-foot-wide by 105- foot-long strip along the south side of West Babcock Street adjacent to 2500 West Babcock Street (Parcel No. 24); and Acceptance of the Temporary Access Easement and Agreement from Edith J. Rowe for a 15- foot-wide strip along the south side of West Babcock Street adjacent to 2500 West Babcock Street. The 08-09-04 - 4 - motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff and Mayor Cetraro; those voting No, none. Authorize Actina City Manaaer to sian - (a) Purchase Agreement between City and Timothy H. and Naomi Riaby for 32%-foot-wide bY 135-foot-lona strip alona north side of West Babcock Street adiacent to 2521 West Babcock Street and attendant documents Included in the Commissioners' packets was a memo from Staff Attorney Patricia Day-Moore, dated August 4, 2004, forwarding the Purchase Agreement between City and Timothy H. and Naomi Rigby for a 32'Y:2-foot-wide by 135-foot-long strip along the north side of West Babcock Street adjacent to 2521 West Babcock Street and the following attendant documents: Quit Claim Deed from Timothy H. and Naomi Rigby for a 32'Y:2-foot-wide by 135-foot-long strip along the north side of West Babcock Street adjacent to 2521 West Babcock Street (Parcel No. DL 1 B2); and Temporary Access Easement and Agreement from Timothy H. and Naomi Rigby for a 15-foot-wide strip along the north side of West Babcock Street adjacent to 2521 West Babcock Street. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that Acting City Manager Brey be authorized and directed to sign the Purchase Agreement between City and Timothy H. and Naomi Rigby for a 32'Y:2-foot-wide by 135-foot-long strip along the north side of West Babcock Street adjacent to 2521 West Babcock Street; Acceptance of Quit Claim Deed from Timothy H. and Naomi Rigby for a 32'Y:2-foot-wide by 135-foot-long strip along the north side of West Babcock Street adjacent to 2521 West Babcock Street (Parcel No. DL 1 B2); and Acceptance of Temporary Access Easement and Agreement from Timothy H. and Naomi Rigby for a 15-foot-wide strip along the north side of West Babcock Street adjacent to 2521 West Babcock Street. The motion carried by the fOllowing Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala and Mayor Cetraro; those voting No, none. Discussion re process for makina appointments to boards. commissions. committees. coalitions and task forces Acting City Manager Brey noted that he searched the information available through ICMA to see if there were any tightly wound procedures that might assist the Commission in this discussion. That search revealed the processes in many communities are similar to the one followed here; the other option that surfaced was the appointment of a board appointment review panel that goes through the lists of applicants, interviews them and forwards recommendations to the Commission. Commissioner Krauss noted that he feels the appointment process could be slightly revised with the result being an enhanced process. He noted that, if applicants check the box at the bottom of the form, the application is to be considered for any of the boards in which they have indicated interest for a period of one year; and it seems that not all applications are being forwarded whenever a vacancy occurs. He indicated that his preference would be a more open ended process, with applications being accepted any time, being good for one year, and being loaded into a data base that will help track the applications. He suggested that when an opening occurs, a listing could be printed and then those applications pulled for Commission consideration. Clerk of the Commission Sullivan gave a brief overview of the process currently used. She noted that, roughly six weeks prior to the expiration of board terms, her office sends letters to those whose terms are about to expire, with an application form and a request that either the application be returned or a letter of resignation submitted by a date specific. An advertisement is then run in the newspaper, announcing that applications are being accepted and identifying the boards on which terms are about to expire or vacancies exist. That advertisement includes an initial deadline date, but also contains a statement that applications will continue to be received until all vacancies are filled. She noted that this "fuzzy deadline" was implemented two or three years ago to alleviate the need to readvertise every time a hard deadline had passed and a vacancy remained. Ms. Jenny Haubenreiser, Chair of the Community Alcohol Coalition, noted her coalition was one of the advisory boards affected by the recent appointment process. She stated that when the coalition was created, members were told they had three-year terms. The Coalition has been in place for only eight 08-09-04 --- -----......-- ...- - -.-....".-..-- -..- - 5 - months, and six or eight of them were sent letters asking them to reapply since their terms were about to expire. She recognized that the appointment process allows for participation from others; however, bringing a new member up to speed is difficult and somewhat disruptive to this particular coalition. She asked that the Commission take the set agenda of an advisory body into consideration when making its appointments. She concluded by noting that the appointment of an individual who submitted an application well after the deadline in place of an incumbent was of concern to the Coalition. Responding to questions from Commissioner Kirchhoff, Acting City Manager Brey indicated there is little difference between the various advisory bodies, although some of the names are mandated by State statute or by ordinance. He noted that a selection committee, task force or ad hoc committee is generally created for a specific purpose and for a short time; the other types of bodies are generally more long term and broader in purpose. Mayor Cetraro noted that the Community Alcohol Coalition is a new board and will suffer growing pains until the staggered terms have been fully implemented. He then observed that the City Planning Board and the Zoning Commission often see changing faces after two years. He voiced support for building a database for providing easy access to applications on file; and he would definitely support encouraging the submittal of applications twice a year. Commissioner Youngman suggested that the box on the application form be reversed, so that a check mark is required if an application is not be considered throughout the year; Commissioner Kirchhoff proposed that the box be moved to the top of the form so it is more readily seen. Responding to Commissioner Kirchhoff, Commissioner Krauss stated he kept hearing about deadlines and his understanding was different. Also, he finds the Commission is not getting all of the applications on file when a vacancy occurs; and he feels a database will help to address that issue. He believes an unrealistic expectation is created if the term "deadline" is used. He concluded by noting that at last week's meeting, the Commission made an appointment to the Zoning Commission, after holding the position open even though there were some applicants from which the Commission could have chosen at an earlier meeting. Commissioner Youngman expressed concern that the public will feel misled if they have submitted applications by what they have viewed as a deadline and the position is not filled until the Commissioners receive an application from the person they want to appoint. Responding to Commissioner Krauss, Commissioner Youngman stated she does not view holding the Zoning Commission appointment open the same as bumping an incumbent from the Community Alcohol Coalition after serving only eight months. Commissioner Krauss responded it is important to recognize that appointments to advisory bodies are made by a legislative body, and that one Commission may not tie the hands of a future Commission. Commissioner Youngman noted that some boards go through months of training to bring the members up to speed. She suggested that the Commission policy on appointments include the provision that preference will be given to an incumbent that has served less than a specific amount of time, in recognition of the amount of training needed and the willingness of that individual to volunteer. Clerk of the Commission Sullivan stated that when a board is created, the initial terms are set to create a staggering of members, after which appointments are for full terms; and there is no standard process for identifying those initial terms. Commissioner Youngman suggested that for those boards where extensive training is required, incumbents serving less than one year would be given preference for reappointment. She recognized this will be a judgment call by the Commission, but suggested the incumbent should be given serious consideration unless there is an compelling reason not to do so. She then stressed the importance of reappointing members to keep continuity and maintain the board's momentum. Commissioner Krauss responded that, in the instance of the Community Alcohol Coalition, all but one of the incumbents seeking reappointment were reappointed. 08-09-04 -.....--.....-.--.... - --.-.. ---...----...-- - 6- Commissioner Kirchhoff stated he does not believe a change in the appointment process is necessary. He feels there is a specific deadline, and that appointments should be made if there are qualified applicants to fill the position rather than leaving positions unfilled. He then noted that the Community Alcohol Coalition is a political board, making the removal of an incumbent a very political issue. He recognized that it is a natural part of the process to have Commissioners seeking applicants they wish to have appointed to the various advisory bodies; it is important that step take place prior to the deadline for applications instead of after the deadline. Commissioner Krauss responded that a vacancy may remain unfilled by Commission action or inaction. He then stated he feels it is appropriate to leave a position open if the Commission desires a wider pool of applicants from which to choose. He noted that when he gets a set of applications and he does not feel any of the applicants meets what he is looking for, he feels the process should be left open, and the fuzzy edge on the deadline allows that to occur. He compared the appointment process to the hiring of an employee, stating it is leadership's prerogative to seek a larger pool. Commissioner Kirchhoff responded that if Commissioners do foreground work to get applications submitted by the deadline, it results in a better public process and alleviates what appears to be a "squirrelly" process. He observed that the result is "covert politics" rather than "overt politics". Responding to Commissioner Kirchhoff, Commissioner Krauss indicated that under this suggested change, a vacancy in mid-term would be filled by going to the database and pulling up those applications that are less than one year old. He noted that, with no deadline for submitting applications, he anticipates board applications will be submitted throughout the year, with the potential that an outstanding candidate may apply just prior to the filling of a vacancy. He concluded by stating that, whether a vacancy occurs at mid-term or the end of a term, the Commission should be able to consider every application received until the position is filled. Responding to Commissioner Kirchhoff, Ms. Jenny Haubenreiser confirmed that the new appointee to the Community Alcohol Coalition requested that the meeting time be changed to accommodate his schedule; when he found the time would not be changed, he indicated that he would attempt to rearrange his schedule. Commissioner Kirchhoff recognized this issue has surfaced because of differences in ideology, philosophy and politics. He believes that, if the Commission has a sufficient number of applications on file on the appointment date, that is the pool from which the Commission chooses. Commissioner Krauss once again compared the selection of advisory board members to the hiring of an employee. He noted that, if dissatisfied with the work product of an employee, the first effort is to change the work product; if that is not successful, the second step is to change the employee. He believes the Commission has the duty to appoint people that are the best fit for the management style, and that has nothing to do with politics. Responding to Commissioner Krauss, Commissioner Kirchhoff stated he feels a hard deadline is essential. Commissioner Hietala stated he is comfortable with the current appointment process. Commissioner Youngman suggested that, with rebuilding of the City's website, a listing of the boards, with a description of the board and when it meets, would be beneficial. She also suggested that a downloadable copy of the board application be included, so those interested in serving can simply print it, fill it out and drop it off. Commissioner Krauss and Mayor Cetraro agreed with the proposal. Commissioner Youngman once again raised her suggestion that preference be given to incumbents who have served less than a year. A majority of the Commissioners indicated a willingness to consider preference for those who have served well for less than one year. Mayor Cetraro expressed his interest in eliminating some of the existing 25 advisory bodies. Commissioner Youngman suggested that the letter to incumbents be revised, noting that the current wording can lead an incumbent to believe that filling out and submitting the application will automatically result in reappointment. The Commissioners agreed that revised wording is needed. 08-09-04 ......-..-.-- -.--.--....---- . .-......---.- - 7 - Commissioner Youngman noted that, during her years of serving on the Commission, a variety of approaches to the appointment process have been tried, with varying results. She stated that the wide open process being proposed by Commissioner Krauss is one that has not yet been tried, and questioned if people will be motivated to apply if there is no deadline to steel them into action. She voiced her willingness to try this approach to see if it works better. Commissioner Krauss stated he feels a hard deadline ties the Commission's hands. If the Commissioners choose not to make an appointment, then the vacancy must be readvertised, leading to unnecessary bureaucracy. Commissioner Hietala voiced his support for posting the board information on the website, including the expiration dates for the various boards, noting this will allow the Commissioners to access the information. He stated that, under the current system, the Commissioners enter the process late, which may preclude them from actively seeking applicants. He then forwarded his feeling that the Commission has been very fair in its appointment processes to date and that a few concerns have been blown out of proportion. Commissioner Kirchhoff noted the open process may sound good on the surface, but he prefers the process that has been previously used, stating that Commissioners can still seek applicants for the various boards under either process. He stressed the importance of doing that work early, so that those applications can be considered in the initial appointment process rather than after the initial listing of applications has been submitted to the Commission for consideration. Commissioner Youngman stated that she, too, prefers the current process, noting it is clean and allows for clear communication to the public. What she views as the key issue to making the open process work is to motivate one another as term expirations approach, to avoid a slower and slower process in filling vacancies. Mayor Cetraro stated he agrees with Commissioner Kirchhoff's assessment that the application process needs to be front loaded, whether the process is open or like it is. Acting City Manager Brey encouraged the Commissioners to direct staff to incorporate the appointment process into the rules of procedure; the Commissioners did so. A majority of the Commissioners also agreed that changes to be made include revising the letter to incumbents, developing an open process, placing the information on boards and the application on the City's website, and giving preference to incumbents who have served for one year or less. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Copy of a letter being distributed to residents of Durston Meadows encouraging them to "reclaim and preserve your neighborhood" by reporting complaints to the proper agencies. (2) Memo from Neighborhood Coordinator Tracy Oulman forwarding a copy of the notification that neighbors to Valley Unit Park will be receiving in mid-August regarding use of a portion of the park for soccer practices. (3) Copy of a memo from Neighborhood Coordinator Tracy Oulman providing information resulting from the recent community discussion on neighborhoods and renting. (4) Copy of a letter to property owners in the immediate area from Engineering Assistant Andy Kerr announcing that parking will be prohibited on the east side of North 15th Avenue between Ruth Thiebault Way and the first driveway to the new school parking lot. (5) Agenda for the School District NO.7 Board of Trustees meeting to be held at 7:00 p.m. on Monday, August 9, at the Willson School. (6) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, August 10, at the Courthouse. 08-09-04 - 8 - (7) Agenda for the County Planning Board meeting to be held' at 6:00 p.m. at the Courthouse, along with notes from the meeting held on July 27. (8) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, August 10, at the Professional Building. (9) Memo from Planning Secretary Tara Hastie announcing that the Design Review Board meeting for August 10 has been cancelled due to the lack of projects for review. (10) Newsletter from Headwaters Recycling, announcing that the next meeting is scheduled for 10:00 a.m. on Wednesday, August 11, at Three Forks. (11 ) Updated listing of planning projects to be considered at upcoming meetings, dated August 9, 2004. (12) Acting City Manager Brey noted the discussion on accessory dwelling units was tentatively scheduled for August 23; however, Planning Director Epple will not be present at that meeting. The Commissioners asked that the discussion be moved to the September 13 meeting. (13) Acting City Manager Brey noted that open container violations have been significant during the weekly Music on Main events; and he has asked the event organizers to observe the extent to which alcoholic beverages extend from the street closure area. He stated that, while open containers were prevalent at last week's event, the City received no complaints. Commissioner Krauss noted that he worked the Museum of the Rockies table and found the event was generally family oriented early in the evening, with alcoholic beverages becoming more pronounced as the evening wore on. (14) Planning Director Andy Epple highlighted some of the statistics in the building division report for July, noting that in the first seven months of this year, 421 new housing units have been permitted, with 35 percent of those being single-household and 65 percent being attached. He stated these figures compare to 280 housing starts last year, with 50 percent being single-household detached. (15) Planning Director Epple previewed the status of the variance granted to Ponderosa Land three years ago and the Commission action that will be sought at next week's meeting. He noted that extension of East Oak Street has been the subject of much discussion during the past three years, with that issue still unresolved due to the high cost of the street extension. Commissioner Youngman asked that copies of the original staff report and minutes from the Commission meeting be included in the packets. (16) Planning Director Epple announced that his staff meets with the MSU planners once a year to keep updated on mutual development interests. In addition to talking about a number of MSU's building construction projects for the next year, they discussed the possibility of extending the City's sewer main through MSU property in the Fowler Avenue alignment to serve a possible development to the south. (17) Planning Director Epple noted that the City has applied for annexation of the Mandeville Farm property. Planning staff proposes that all outstanding highway rights-of-way and railroad rights-of-way within city limits but not previously annexed be included with this application, to meet new statutory requirements and to clean up the city maps. (18) At Mayor Cetraro's request, Director of Public Service Debbie Arkell gave an update on the transfer station, noting it is still to be located on the Mandeville Farm property. She noted that the application for the transfer station is scheduled for submittal to the Planning Office on August 17, followed by the standard review process and a public hearing before the Commission in mid-October. Responding to Mayor Cetraro, the Director noted that rail access was not included in the original scoring criteria. She then indicated that the consultant has assured City staff that the site and proposed transfer station could accommodate future rail transfer. 08-09-04 - 9- Mayor Cetraro expressed his interest in seeing how the transfer station would connect to rail service in the next twenty years, if that is determined a viable alternative. Commissioner Kirchhoff stressed the importance of noticing the review of this project as early as possible, to ensure that the public is aware this project is moving through the normal channels. (19) Commissioner Kirchhoff distributed a handout prepared by Director of Finance Miral Gamradt, noting it provides information on where one's property tax dollars go. He suggested that graphs be used to assist in disseminating this information to the public, possibly through an advertisement in the newspaper. Commissioner Krauss noted it is critical that the Commissioners know the basis for the figures in the graphs, since he is certain they will be getting questions from the public. He stated the information, as presented, seems to suggest a 1-percent effective rate, which he views as good. He suggested that a look at 20 cities in the United States similar to Bozeman would probably reveal a higher effective rate. In addition to the information provided in this handout, he suggested the top five categories where monies are spent be identified, e.g., salaries, benefits, new equipment and debt service. Commissioner Youngman expressed her support for printing this type of information. She then suggested the second paragraph be simplified to simply state current value is used, with the calculation and justification of that statement being provided in fine print below. She stressed that it is important to emphasize the information in the graphs, and not get readers bogged down in technical language. She also suggested that percentages be added to the graphs and that the dollar amounts be retained. Commissioner Kirchhoff noted that the state and local school monies are broken out. Commissioner Krauss noted that, at least in the past, Bozeman has been a net receiver of the state school monies, which means it has received more than it has generated. Responding to Commissioner Kirchhoff, Commissioner Krauss noted it looks like the Commission may be feeling guilty about the 10.9-percent increase in mills; however, he feels it is a good way to communicate with the public. He then indicated he will submit his comments to the Director of Finance after reviewing this information a little more closely. He then suggested that the figures be rounded to the nearest dollar, rather than including the cents. Commissioner Youngman suggested an explanatory note be added to reflect that these graphs apply to the property tax revenue portion of the budget only, with other City activities being funded through assessments, rates or other revenue sources. Commissioner Hietala voiced his support for presenting this type of information to the public. Acting City Manager Brey encouraged the Commissioners to forward additional comments to Director of Finance Gamradt. Executive session re litiaation strateaies At 9:00 p.m., Mayor Cetraro announced that, pursuant to Section 2-3-203(4)(a), Montana Code Annotated, and the Montana Supreme Court rulings, he, as presiding officer, has determined that the discussion of strategy to be followed with respect to litigation in open meeting would have a detrimental effect on the litigating position of the City. He then called an executive session for the purpose of discussing litigation strategy and requested that all persons except the Commissioners, Acting City Manager, Acting City Attorney Cooper, Director of Public Service Arkell and the Clerk leave the room. At 10:35 p.m., Mayor Cetraro closed the executive session and reconvened the open meeting. Adiournment - 10:35 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the meeting be adjourned. The motion 08-09-04 _n ._...___.... _.. . n__ '....n.____.____.____ nn_____n..____..._ - 10 - carried by the following Aye and No vote: those voting Aye bein Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman and ayor Cetraro; those voting No, none. AN ATTEST: ~ ci ..lt2t~ L. SULLIVAN Clerk of the Commission 08-09-04