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HomeMy WebLinkAbout2003-11-17 Minutes, City Commission, WORK MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 17, 2003 ***************************** Work session. review of caDital imDrovement Drogram (CIP) Commissioners in attendance included Commissioner Hietala, Commissioner Brown and Commissioner Cetraro. At 6:40 p.m., Administrative Services Director Miral Gamradt began by distributing copies of his presentation on the capital improvement program. He noted that the previous capital improvement program was a paper program. In 1997, a "real" five-year capital improvement program was implemented; and that program identifies the year of acquisition and the funding sources. He noted that the program includes proposed rate adjustments for the enterprise funds and the street and tree maintenance assessments to ensure the capital items in those areas are funded. The Director stated that, with a few exceptions, those items listed in the CIP have been acquired in the year in which they are initially budgeted. Administrative Services Director Gamradt stated that he went through the same process when creating the capital improvement program budget document that he did when he developed the new budget document. Unfortunately, he found that hardly any community has a good CIP document, so he ended up "inventing" the City's document. He reviewed a list of questions that the CIP document is designed to answer, including the "who, what, when, why and how" questions. He noted that identification of possible alternatives is also requested, along with the consequences of not doing anything and anyon-going costs resulting from the specific capital improvement. Commissioner Youngman arrived at 6:48 p.m. The Administrative Services Director acknowledged that some of the project descriptions could be written better; and staff is undergoing some training in writing in an effort to prepare descriptions that are less technical and more easily understood. He noted that the capital improvement program is a five-year program, but it is important to remember that one Commission cannot bind another Commission. He stated that the CIP budget was initially designed to be reviewed and updated annually, but he has found that to be a daunting task and has found that an annual overview with updating every three or four years may be more appropriate. He reminded the Commission that the last time the CIP budget document was completed, a citizen committee reviewed it prior to Commission adoption. Commissioner Youngman stated she found the creation of a citizen committee to review the document was extremely beneficial. She noted that the committee was broad based; and it seemed having committee review was constructive for improving public understanding. She noted that the document adopted by the Commission included the revisions suggested by the committee, with the exception of one change that she felt the committee didn't adequately understand. Responding to Commissioner Hietala, Administrative Services Director Gamradt stated that under GASB34, all of the City's assets must be capitalized. He indicated that in the past, only those assets in the enterprise funds were capitalized; and he anticipates all of the City's assets will be within the next four years. He stated this will result in a global picture of what is happening in the City's entire infrastructure system. Responding to Commissioner Brown, the Director confirmed that the result will be identifying the City's net worth on an organization wide basis. Further responding to Commissioner Brown, the Administrative Services Director confirmed that the City began implementing the GASB34 requirements a year earlier than required, noting that no more than five entities in Montana chose to do so. At 6:58 p.m., Commissioner Cetraro thanked the Administrative Services Director for his presentation and declared a break until 7:00 p.m. 11-17 -03 .. -- -. -.-..- ------.-------.-.. - - 2 - Call to Order. Pledge of Allegiance and Moment of Silence The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, November 17,2003, at7:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro, City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Staff Attorney Patricia Day-Moore and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - January 18. 2000. and June 10. Julv 14 and November 10. 2003 It was moved by Commissioner Youngman, seconded by Commissioner Hietala. that the minutes of the meetings of July 14 and November 10, 2003, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and June 10, 2003. to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Building Inspection Division report for October 2003 Claims It was moved by Commissioner Hietala, seconded by Commissioner Brown, 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 Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Presentation from Steve Christiansen. Gallatin National Forest Service. re proposed travel plan Included in the Commissioners' packets were selected pages from the Gallatin National Forest Travel Management Plan and Forest Plan Amendment Alternatives, dated August 1, 2003, as submitted by Mr. Jim Devitt. City Manager Clark Johnson noted that during previous consideration of a resolution regarding the travel plan, the Commissioners recognized they needed more information before making a decision. Mr. Steve Christiansen, environmental coordinator for the Gallatin National Forest and travel planning team leader, distributed a copy of the summary description of the draft alternatives and a copy of his power point presentation. He noted travel planning is a very, very complex issue and indicated this presentation is designed to show the process and give a thumbnail sketch of travel planning, but not specifics of the various alternatives. Mr. Christiansen stated that under the travel planning process, the Forest Service is preparing to make decisions regarding the appropriate uses of every road and trail on the Gallatin National Forest. He noted that a comprehensive analysis of travel on the national forest has not been done before; rather, uses have simply been allowed to evolve over time. The forest is now experiencing an increase in demand and some areas are beginning to reach saturation on what the land can handle. Review of each road and trail will include identifying possible seasonal restrictions, goals for access and resource protection, with the result being a plan that accommodates a variety of recreational opportunities while protecting the resources. 11-17-03 __u .._....._.....______ _. n___.______ ..-...--.-.-.--- ..-----.-.-- ..- --....-.---..---... - 3 - Mr. Christiansen stated that in January 2001, the Regional Forester in Missoula signed the Montana- Dakota OHV decision. The result is a paradigm shift in how motorized use is managed, noting that until that decision, the entire forest was available for any type of conveyance unless restrictions were in place. Now motorized use is restricted to existing routes where that use has occurred, with prohibitions on going off roads and trails. Responding to Commissioner Brown, Mr. Christiansen confirmed that these restrictions apply to A TVs and motorcycles but do not apply to snowmobiles, which are allowed everywhere except closed areas. Mr. Christiansen stated that care must be taken to ensure that travel management is consistent with environmental law and with higher level direction for other resources, such as the Montana Wilderness Study area, roadless lands and wildlife habitat. The desired outcomes of the travel planning include better resource protection, greater user satisfaction and more efficient management. To accomplish these outcomes, items being considered include seasonal restrictions, better user education and better management of facilities. One product of the process will be a set of user guides, one for each type of use, that shows restricted areas as well as recommended areas for various types of experiences. He noted that following those recommendations should result in minimizing conflicts of interest. Mr. Christiansen stated that the public became involved in the travel planning process in August 2002, when the benchmark travel plan was released. That release triggered a three-month comment period; and the plan with the six alternatives was developed from the comment received. The travel management plan and forest plan amendment alternatives were then released in August 2003, with the comment period closing in October. Forest Service staff are now refining the six alternatives, taking into consideration the comments received. Also, over the next few months, staff is working on the draft environmental impact assessment; and it is anticipated that document and preferred alternative will be released in May 2004, triggering another public comment period. The final decision is anticipated in December 2004, with implementation to begin in the Summer of 2005. Mr. Steve Christiansen stated that, by far, the number one topic of public comment received to date is off-road motorized use-either in favor of or in opposition to it. He then indicated that approximately 45 issues are to be addressed in the draft environmental impact statement. Three issues that will most likely influence the decision on the travel plan include providing for the desired recreational opportunities; providing quality habitat for the grizzly bear, lynx and other wildlife; and financial and logistical abilities to implement the selected option. Mr. Christiansen characterized the six draft alternatives as being on a continuum, ranging from unmanaged use to restricting all human use. He acknowledged that neither end of the continuum is desirable, and noted that the six alternatives are reflected essentially in the center. He noted that Alternative No. 1 is less restrictive than the current management practices with the other five being more restrictive. He stated that Alternative No.4 is similar to the benchmark alternative released a year ago, with some refinements and seasonal restrictions added. He noted that Alternative NO.3 addresses many of the comments about allowing motorized use, while Alternative No.6 was designed to address the comments from those who wish to restrict motorized use to the existing road system. He stated that Alternative No. 1 reflects what is on the visitor's map that was published in 1999, and Alternative NO.2 includes designation of routes where uses are appropriate, especially for summer motorized use. He concluded by stating Alternative No.5 includes more restrictions than Alternative No.4, but not as many as Alternative No.6. Mr. Christiansen stated that Alternative Nos. 2 through 6 will result in improved resources and conditions while Alternative NO.1 would likely result in negative effects on existing resources. He stressed that this is due in large part to use trends, noting that A TVs and mountain bikes are now prevalent but were not used fifteen or twenty years ago. Mr. Christiansen indicated that the Forest Supervisor will make the final decision, based on resource evaluation and public comment. He stressed that striking a balance between providing for a variety of options and maintaining resource conditions will be a guiding principle in the decision-making process. He then noted that the Forest Service believes providing a broad spectrum of recreational opportunities is appropriate, that the public should have access to their national forests, and that the various uses are not mutually exclusive. Mr. Steve Christiansen showed a map of the 1.8 million acres in the Gallatin National Forest, noting that the forest is divided into 39 travel planning areas. He noted that the decision will likely include some 11-1 7-03 - 4 - combination of the six alternatives identified, varying by route or area. He concluded by noting the Forest Service wishes to minimize the us/them and win/lose perceptions and to keep political pressures to a minimum. He noted the Gallatin National Forest is both a national and a local resource that includes a variety of lands stretching from Cooke City to Big Timber to West Yellowstone to Bozeman. He stated the Forest Service is evaluating which alternatives for management of trails within the wilderness study area are consistent with the intent of the Montana Wilderness Study Act, which included two parts. He noted the first part is to maintain the area's possibility for wilderness designation, but the second part provides for continuing recreational uses that were in place in 1977. He stated there are many uses today that were not even contemplated in 1977; and to allow motorcycles but not ATVs and mountain bikes does not seem appropriate. The result is a need to review the congressional intent 26 years ago when trying to comply with this requirement. Responding to Commissioner Brown, Mr. Christiansen stated he believes wilderness quality lands and road less lands are similar if not the same. Responding to questions from Commissioner Hietala, Mr. Christiansen indicated that under this plan, every road and trail in the forest is to be evaluated to determine appropriate uses; and an inventory of roadless lands is to be completed. Responding to Commissioner Youngman, Mr. Christiansen confirmed there is just one wilderness study area. He indicated that a wilderness study area is different from a wilderness area, and suggested that Congress would have designated an area as wilderness area if it felt appropriate to do so. Commissioner Youngman asked what type of input the Commission could provide that would be useful to the Forest Service in its decision-making process. Mr. Steve Christiansen stated it is important to get the support of the people, agencies and other governments for the overall effort, and to discourage the us/them and win/lose concepts. Responding to Commissioner Brown, Mr. Christiansen stated that Forest Service staff read all comments that come in, although they are no longer actively seeking public comment. He stated that they are now looking for new comments that have merit, so they can consider those issues and viewpoints when making revisions to the alternatives and selecting a preferred alternative. He noted there will be another comment period after the draft environmental impact statement is completed; and that would be an appropriate time to give input. Mr. Christiansen thanked the Commission for this opportunity to provide additional information; Mayor Kirchhoff thanked him for the presentation. Public hearing. intent to annex 59.823 acres between Durston Road and West Oak Street. immediately west of Diamond Estates Subdivision No.1. Gaston Engineering & Survevina for McDonald Land Company (A.03006) This was the time and place set for the public hearing on the intent to annex 59.823 acres requested by Gaston Engineering and Surveying for McDonald Land Company under Application No. A-03006, as established by Commission Resolution No. 3635, entitled: COMMISSION RESOLUTION NO. 3635 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. Mayor Kirchhoff opened the public hearing. Senior Planner Dave Skelton presented the staff report. He noted that the subject 59+.acre parcel is located along the north side of Durston Road, north of Valley Unit Subdivision, and between Diamond 11-17 -03 - 5 - Estates Subdivision, Phases I and II. He stated that West Oak Street extended lies along the northern edge of the parcel, with the regional park immediately north of that roadway. He indicated that, with annexation of this parcel, master planning of 160 acres can be accomplished, which will help to implement the goals of the Bozeman 2020 Community Plan. The Senior Planner stated that staff has reviewed this application in light of the goals and policies set forth in Commission Resolution No. 3137, and staff's comprehensive findings are contained in the written staff report. He noted that a review of the site revealed a water course along the western fringes of the parcel that staff believes is a stream/ditch, and noted that manmade wetlands will probably be involved. He indicated that concerns revolving around that issue will be addressed in conjunction with subdivision and development of the property. The Senior Planner briefly highlighted staff's findings and some of the issues to be addressed in conjunction with the annexation of this property. He noted that Item Nos. 13 and 14 are new recommendations from staff that address affordable housing issues and provide for master planning of the entire 160 acres. He noted that these requirements will bring the Planning Board into the process early, allowing the staff and Board to coach the applicants on meeting the goals of the Bozeman 2020 Community Plan. He concluded by forwarding staff's recommendation for approval of the request for annexation, subject to the following items being addressed prior to or in conjunction with the annexation: 1. The applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID's) for the following: a. Street improvements to Durston Road and Oak Street; including paving, curb and gutter, sidewalk, and storm drainage improvements. b. Signalization of the intersection of Durston Road and Ferguson Road. c. Signalization of the intersection of Oak Street and Ferguson Road. The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. 2. The annexation agreement shall include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City of Bozeman's infrastructure master plans and all city policies that may be in effect at the time of development. 3. Prior to any development of the subject annexation, a stormwater drainage and grading plan shall be provided to and approved by the City Engineer. The plan must demonstrate that adequate treatment of runoff from the public streets and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details (including basin sizing calculations and basin typical sections), outlet structure details, and culvert capacity calculations. The plan must also locate and provide easements for adequate drainage ways within the annexation area to transport treated runoff to the stormwater receiving channel. 4. The applicant shall provide and file with the County Clerk and Recorder's office executed Public Street and Utility easements for the following: a. North half (50 feet) of Durston Road. b. South half (60 feet) of Oak Street. 5. A detailed Traffic Impact Analysis Report may be required prior to future development of the subject annexation. 11-1 7-03 - 6- 6. The applicant is advised that improvements to Durston Road in the vicinity of this annexation may be necessary prior to any future development. The specific requirements will be determined at the time of future development. 7. The applicant is advised that substantial limitations for growth exist in the wastewater collection system for this property, which will need to be addressed in conjunction with development of the parcel. Furthermore, prior to development of the sUbject annexation, the applicant's engineer will be required to prepare a comprehensive design report evaluating the existing capacity of both the water and sewer utilities. The report must include hydraulic evaluations of each utility for both existing and post development demands. The report findings must demonstrate that adequate capacity is available to serve full development of the annexation area. If adequate water and/or sewer capacity is not available for the full development, the report must identify the water and sewer system improvements required to provide the necessary capacity. Any improvements necessary to serve the full development must be in place prior to further development of the site. a. That the applicant execute at the Gallatin County Clerk & Recorder's Office a waiver of right-to-protest creation of an SID for a City-wide Park Maintenance District, which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks as part of the Annexation Agreement. 9. That provisions for water rights or cash in-lieu of water rights in an amount determined by the Director of Public Service be provided in the Annexation Agreement whereby it is executed by the land owner prior to final subdivision plat approval, final site plan approval, or issuance of any building permits, whichever occurs first, prior to the City Commission adopting the Resolution of Annexation and accepting the Annexation Agreement. 10. The property owner should be advised that prior to development of the property, the future developer(s) may be required to prepare, at their own expense, a comprehensive design report evaluating existing capacity of water and sewer utilities, stormwater master plan and traffic impacts. 11. That at the time of connection to the City's water and sewer facilities, the landowners shall pay all applicable water and sewer impact fees that are due. The land owners and their successors shall pay all fire, street, water and sewer impact fees required by Chapter 3.24, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 12. The Annexation Agreement should include notice that, prior to development, the developer will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City's infrastructure Master Plan and all city policies and guidelines that may be in effect at the time of development. 13. The Annexation Agreement shall include notice that, prior to development, the developer will give deliberation to implementing the City of Bozeman's affordable housing ordinance with preliminary subdivision plat review of said lands. 14. The Annexation Agreement shall include notice that, prior to submittal of a preliminary plat application for all or any portion of the property, the developer of said lands will create a Master Plan of the land use patterns and types for development of the property that arranges the development of said lands such that land use patterns will be integrated within the organizational scheme of the adjoining neighborhood(s) and will implement through the design of the subdivision a variety of housing types to serve the varied needs of households of difference size, age and character, subject to review and approval by the City of Bozeman. 11-17 -03 ------.-.--...-,,---....-.-..... - 7 - 15. An Annexation Map, titled "McDonald Annexation Map" with a legal description of the property and adjoining rights-of-way and/or street access easements (Le., Durston Road and West Oak Street) shall be submitted by the applicant for use with the Annexation Agreement. The map must be supplied on a mylar for City records (18 inches by 24 inches), a reduced 8'!h inches by 11 inches or 8'!h inches by 14 inches exhibit for filing with the Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City Engineer's Office. This map must be acceptable to the Director of Public Services and City Engineer's Office, and shall be submitted with the signed Annexation Agreement. 16. That the applicant executes all contingencies and terms of said Annexation Agreement with the City of Bozeman within one (1) year of approval by the governing body, or annexation approval shall be null and void. Mr. Dennis Foreman, Gaston Engineering, indicated a willingness to answer questions. No public comment was submitted on this agenda item. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Commissioner Youngman thanked Senior Planner Skelton for his conscientious effort to incorporate the new affordable housing strategies early in the review process, noting that getting people to work together early on will help to ensure that those strategies are being met. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission authorize and direct staff to bring back an Annexation Agreement and resolution of annexation for consideration, subject to Item Nos. 1 through 16 listed above being addressed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Public hearina - Zone MaD Amendment - establish initial zonina desianation of "R-3" Residential-Medium-densitv. on 59.823 acres between Durston Road and West Oak Street. immediately west of Diamond Estates Subdivision No. 1 - Gaston Engineering & Survevina for McDonald Land ComDanv (Z-03223) This was the time and place set for the public hearing on the Zone Map Amendment requested by Gaston Engineering and Surveying for McDonald Land Company under Application No. Z-03223, to establish an initial municipal zoning designation of "R-3," Residential-Medium-density, on 59.823 acres described as the East one-half, West one-half, Southeast one-quarter, and the West one-half, West one- half, East one-half, Southeast one-quarter of Section 3, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property lies between Durston Road and West Oak Street, immediately west of Diamond Estates Subdivision NO.1. Mayor Kirchhoff opened the public hearing. Senior Planner Dave Skelton presented the staff report, noting the applicant is seeking an "R-3" zoning designation on the 59+ acres that is to be annexed under the previous agenda item. He stated that, with the Item No. 14 in the approval of the annexation, which provides for master planning of the entire area; and a single zoning designation, staff feels a mixed use development can be better accommodated through that combination of processes than through multiple zoning designations that can limit creativity in design. The Senior Planner stated that staff has reviewed this application in light of the applicable criteria set forth in the zone code, and staff's comprehensive findings are contained in the staff report. Based on those findings, staff has recommended approval of the requested zoning, subject to four conditions. Mr. Dennis Foreman, Gaston Engineering, indicated a willingness to answer questions. No public comment was received on this agenda item. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. 11-17 -03 ------- -..--.-..---.--- -----------.--.--- - 8- It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Zone Map Amendment requested by Gaston Engineering and Surveying for McDonald Land Company under Application No. Z-03223, to establish an initial municipal zoning designation of"R-3," Residential-Medium- density, on 59.823 acres described as the East one-half, West one-half, Southeast one-quarter, and the West one-half, West one-half, East one-half, Southeast one-quarter of Section 3, Township 2 South, Range 5 East, Montana Principal Meridian, be initially approved and that staff be directed to bring back an ordinance for Commission consideration, subject to the following conditions: 1. That the ordinance of the Zone Map Amendment shall not be adopted until the resolution of annexation is signed by the applicant and formally approved by the City Commission. If the annexation is not approved, the application shall be null and void. 2. That the applicant submit a zone amendment map, titled "McDonald Zone Map Amendment", on a 24-inch by 36-inch mylar, 8~-inch by 11-inch, or 8~-inch by 14- inch paper exhibit, and a digital copy of the area to be zoned, acceptable to the Director of Public Service, which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property, total acreage of the property and adjoining rights-of-way and/or street access easements (Le., Durston Road and West Oak Street). 3. That the ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a metes and bounds legal description prepared by a licensed Montana surveyor and map of the area to be rezoned, which will be utilized in the preparation of the ordinance to officially amend the zone map. 4. Development of the subject property under a "R-3" zoning designation shall take into consideration the anticipated land use patterns and urban densities of adjoining lands and shall maintain the residential integrity, quality and nature of the area. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Appointments to Public Transit Stakeholder's Advisorv Board Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated November 13, forwarding the list of applicants for this board. Distributed just prior to the meeting was a memo from the Clerk, dated November 17, forwarding additional applications. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that Jeff Rupp be appointed as the HRDC/GalaVan representative on the Public Transit Stakeholder's Advisory Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. It was moved by Commissioner Brown, seconded by Commissioner Youngman, that Brian Close and Carol Shannon be appointed as citizen at large representatives on the Public Transit Stakeholder's Advisory Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No being Commissioner Cetraro. It was moved by Commissioner Hietala, seconded by Commissioner Cetraro, that Commissioner Brown be designated as the City Commission's representative on the Public Transit Stakeholder's Advisory Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Cetraro, Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff; those voting No, none. 11-17 -03 -9- Commissioner Brown stated he and Mayor Kirchhoff met with MSU President Geoff Gamble, and he plans to appoint an ex officio member from MSU in the near future. Discussion re Commission meeting schedule for December 22 and December 29 City Manager Johnson stated that staff has kept the December 22 and December 29 agendas open to date, in anticipation that the Commission may wish to cancel one or both meetings. He indicated that cancellation of both meetings would not negatively impact any required timelines for review of planning projects. Mayor Kirchhoff expressed his support for cancelling both meetings. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Commission meetings of December 22 and December 29 be cancelled due to the Christmas and New Year's holidays. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Public comment Mr. Brian Close, 406 East Olive Street, noted that a specific procedure has been set forth in the interlocal agreement for appointing the remaining members to the Public Transit Stakeholder's Board; and it is important that those appointments be made as soon as possible. He reported the request for proposals has been issued, with the proposals to be received by November 24. He stated it is important for the Board to be seated and possibly have one meeting before it begins interviewing candidates, which is scheduled to begin on December 9. Discussion. FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Invitation to Commissioners to attend a holiday open house at the Comfort Inn on Wednesday, December 3. (2) Copy of the garbage collection during the Thanksgiving holiday. (3) Letter from Reach, Inc., dated November 6, expressing support for the Brownstone Community Development project. (4) Press release announcing the relocation of the American Governance & Leadership Group from southern California to Bozeman. (5) Petition from residents west of Bozeman objecting to the traffic circle in Baxter Lane and requesting its removal. Director of Public Service Arkell asked if the Commission wants staff to address this issue. Responding to Mayor Kirchhoff, the Director stated that fire trucks will soon travel Baxter Lane to see if the roundabout creates any problems. She noted that the roundabout is seventeen feet wide, and most farm equipment is sixteen feet wide or less. Also, staff has seen a semi truck loaded with hay traverse the roundabout with no problem. She then stated the curb on the roundabout is designed to be drive on if necessary to maneuver around it. (6) Memo from John Kauffman, attorney, forwarding revised wording for Condition No. 21 for approval of the five-story addition to the Bozeman Deaconess Hospital, as proposed by the hospital following the October 8 with various interested parties. 11-1 7-03 -- ---.--. .---.--- -..-..- - 10- Mayor Kirchhoff asked if this wording is to be considered as well as the wording from the Recreation and Parks Advisory Board. Planning Director Epple indicated that it appears the Recreation and Parks Advisory Board continues to be involved in the process. He then stated he anticipates receiving a report from the land use mediator within the next week or two, and that information will be forwarded to the Commission for consideration. Commissioner Youngman noted that a call from the hospital revealed their concerns revolve around the requirement for providing a master plan of their entire acreage and the implications of such a plan. In light of those concerns, she suggested that different terminology, such as a vision, might alleviate those concerns. She recognized the importance of Commission overview and indicated an interest in placing the issue on the agenda for resolution prior to the end of the year. (7) Letter from David Smith, President/CEO of the Bozeman Area Chamber of Commerce, dated November 13, raising several questions about the proposed downtown parking structure in light of the discussion at last week's Commission meeting. (8) Newsletter from Headwaters Recycling announcing the meeting held at Wheat Montana on November 13. (9) Minutes from the Bozeman Area Transportation Coordinating Committee meeting held on September 24, along with a copy of Table 6 from the Downtown Bozeman Traffic Improvement Study. (10) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, November 18, at the Courthouse. (11 ) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, November 18, at the Professional Building. (12) Agendas for the Zoning Commission meeting to be held at 7:00 p.m. and the City Planning Board meeting to be held at 7:30 p.m. on Tuesday, November 18, in the Commission Room. (13) Planning Director Epple submitted the following. (1) Announced that staff is working on Appendix A for the unified development ordinance, for inclusion in next week's packet. (2) Reminded the Commissioners of the public hearing on the Bozeman Creek Corridor plan at tomorrow night's Planning Board meeting. He noted at least one property owner is actively pursuing development of his property, which is in this plan area. (3) Drew attention to the figures in the Building Inspection Division monthly report, which reflect the number of building permits issued is running at a record pace. (14) Staff Attorney Patricia Day-Moore stated the Fire Department and Forestry Division have been working on the Christmas decorations, in anticipation of hanging them on Thursday. She noted that the Fairgrounds has allowed the Fire Department to use one of its exhibit buildings at no cost for two weeks, so they could lay the decorations out to rewire them and fix the garlands. (15) Director of Public Service Debbie Arkell submitted the following. (1) Noted that Main Street will be closed Thursday morning for hanging of the Christmas decorations and will be closed on Thursday evening for the MSU pep rally. (2) Announced that the Capitol Tree, which was cut in the Idaho forest, will be on display on Main Street from 5:30 p.m. to 7:30 p.m. on Sunday evening. She noted this will be its only stop in Montana. (3) Announced that a public meeting on the cemetery master plan, which includes a new entrance, will be held on Thursday evening. (4) Stated she sent out several invitations to businesses that she recognized as using trucks around town, and seven people attended a meeting to discuss the implementation of a truck route. In response to concerns voiced about the need for street upgrades in the northeast sector, she and Street Superintendent John VanDelinder are looking at options for improving some of those streets within the City's budget. (16) Commissioner Youngman stressed the importance of recognizing the community's perception of a Mayor's action. In light of the upcoming reorganization of the Commission, she referenced a letter from Planning Director Epple to Commissioner Cetraro regarding the conditional use permit for the Village Inn Pizza, dated November 14, and asked about bringing the business into compliance. 11-17-03 - 11 - Commissioner Cetraro expressed appreciation for her concern, noting that he has been in contact with the Planning staff over the past few months and is heeding their advice. He cautioned it is difficult to meet all of the conditions within nine months, particularly given business constraints; and he had expressed a concern about that during review of his application. He indicated that, based on business projections, he anticipates he will be able to meet the timeline set forth in the letter. He then indicated he is glad that, as a Commissioner, he has gone through the process because it has given him first hand experience that will benefit him as Mayor. (17) Commissioner Youngman submitted the following. (1 ) Stated shewill participate in activities for the Capitol Christmas Tree on Sunday. (2) Stated she's been involved in a lot of on-going committee work. (3) Noted the Community Affordable Housing Advisory Board has received two solid tax credit applications that include very low income units, in response to the new housing policy and City assistance. She expressed her appreciation for the private industry stepping up to take advantage of these new opportunities. (18) Commissioner Brown submitted the following. (1) Announced that Mr. David Bennett, consultant, will give a day-long report on extensive studies of the Gallatin County Detention Center beginning at 8:30 a.m. on Thursday; and he plans to attend that meeting. (2) Stated the CDBG Economic Development Loan Review Committee meeting is scheduled for 10:00 a.m. on Thursday; and he will be unable to attend. Commissioner Hietala indicated that he will attend that meeting. (19) Mayor Kirchhoff asked for updates from Commissioners Hietala and Cetraro, noting it is important to resolve the outstanding questions on their travel claims. Commissioner Cetraro indicated that Administrative Services Director Miral Gamradt has done an analysis on the claim and has identified the allowable costs of a non-receipted trip. He stated that he has accepted those revised figures and believes that is an appropriate settlement of the issue. Commissioner Hietala reported that ten days ago, he reimbursed the City for "every dime" of the costs from that trip and the newspaper subsequently printed a statement from his attorney; and that's closure for him. Commissioner Cetraro stated that he feels Commissioners are entitled to appropriate compensation under the City's current processes. He suggested that, for the future, a more voluntary process be implemented, under which Commissioners absorb the costs of their travel. Mayor Kirchhoff asked if the Commissioners feel there is a need to revise the claims process to provide for greater oversight of individual Commissioners; Commissioners Hietala, Brown, Youngman and Cetraro all indicated an interest in doing so. Adjournment - 8:45 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hietala, seconded by Commissioner Brown, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. SrE~.~1 ATTEST: ~O/~ R IN L. SULLIVAN Clerk of the Commission 11-17 -03 - -------