HomeMy WebLinkAbout2004-10-25 Minutes, City Commission, WORK
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
October 25, 2004
*****************************
The Commission of the City of Bozeman met in work session at the Tech Ranch, 910 Technology
Boulevard South, on Monday, October 25, 2004, at 7:00 p.m. Present were Mayor Andrew Cetraro,
Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff,
Commissioner Lee Hietala, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of
Public Service Debbie Arkell, Planning Director Andy Epple, Acting City Attorney Tim Cooper and Clerk of
the Commission Robin Sullivan.
Public comment
No comment was received under this agenda item.
Update from Tech Ranch
Mr. John O'Donnell, Executive Director, stated that the Tech Ranch will begin its fourth year of
operation on November 1. He noted that it is a tax exempt non-profit entity designed to help entrepreneurs
launch companies and help build them into companies that are attractive to sophisticated investors. He
stated the Tech Ranch's mission is to help launch companies that, in turn, create high-paying, clean
technology jobs and "reduce the brain drain and increase the tax base" in Montana. He noted that the Tech
Ranch has just executed its 26th formal engagement with a company in the community. Out of those 26
companies, he characterized ten to twelve as "dead, nearly dead or needing to be shot;" the remainder are
healthy with some of them being nearly ready to successfully graduate from the program. He stated the
Tech Ranch was originally the commercialization wing of the MSU research program; at this time, 60
percent of the clients are from the community while 40 percent are from MSU.
Mr. O'Donnell noted that the Tech Ranch currently works very closely with the federal government
and the state in securing monies for the program; in the future, he anticipates a possible shift to working
more closely with the County and the City.
Mr. O'Donnell stated he is very excited about the development that is happening in the Advanced
Technology Park, and he hopes that the Tech Ranch will help to serve as a catalyst for further development.
He stressed the importance of strong networks of investors and advisors, noting they are key to the success
of this incubator program. He characterized the Tech Ranch as a unique opportunity to serve as a hotbed
for innovation entrepreneurs, noting that Bozeman has a major university, good travel options, a good
quality of life, and strong economic development organizations as well as traction, all of which are key
attractions for companies and people interested in relocating. He concluded by identifying Ligocyte
Pharmaceuticals as one of those companies that has been successful and has chosen to remain in
Bozeman rather than relocating to a larger community.
City Manager Chris Kukulski noted that, when he was in Kalispell, the Tech Ranch was touted as
a model program; and, as a result, he met with Mr. O'Donnell soon after arriving in Bozeman. He then
stated that, during the ICMA conference last week, he attended the session on the book The Rise of the
Creative Class, which reveals people live where the quality of life is good, and companies will follow those
people. He suggested that Bozeman enjoys a strong competitive position in the Rocky Mountain West and
should build on that position. He then suggested that the City should work to promote a partnership with
the Tech Ranch, which may encounter land and building needs in the next twenty to forty years.
Responding to Commissioner Krauss, Mr. John O'Donnell indicated there is no role for the City to
play in the private process at this time. He noted that the State Board of Investments has recently approved
a new venture capital fund, and he believes there may be a role for the Tech Ranch in that process. He
suggested that the City may be involved in some ceremonial manner, and possibly in the signing of some
documents.
10-25-04
--...-.----.-..-....--.-- ..- ._______.n__....__.. ..
-4-
Mr. Groseth acknowledged that the task force has wrestled with that issue, recognizing that to return
this to a single-family residence would eliminate that possibility unless the new owner was willing to allow
some public use of a portion of the grounds or building.
Mr. Mike Miles voiced his appreciation for the City's patience in this process, and noted that the
mansion is even more patient. He then encouraged everyone to recognize the work that has been
accomplished in the last year and the amount of money that has been earmarked for restoration of this
property.
Responding to questions from the City Manager, the Commissioners indicated that they have
sufficient information upon which to base a decision. They also thanked the members of the task force for
their work and recommendations.
Commissioner Kirchhoff noted that one of the issues which the Commission must address is
whether public access is a deal breaker.
Commissioner Youngman stressed the importance of providing an opportunity for public input prior
to making a decision.
In light of the Commissioners' comments, City Manager Kukulski indicated that action on this item
will be placed on an upcoming agenda.
Presentation from Clinton Cain re regional wastewater treatment facility
Included in the Commissioners' packets was a letter from Stahly Engineering and Associates, dated
September 29, forwarding information on Mr. Cain's proposal for a regional wastewater treatment facility.
Distributed just prior to the meeting was a letter from Stahly Engineering and Associates, dated October 25,
2004, indicating that one-third of the cost of the feasibility study is $11,666.66.
Since the applicant was not present, City Manager Kukulski asked that this item be rescheduled.
Informal review ~ Stone Ridge Sauare Conceet PUD ~ SDrinaer Groue Architects for CaDe~France
EnterDrises ~ DroDosal to allow construction of large-scale retail buildinas and a 145.560~sauare~foot
retail comDlex. to include two multi~tenant buildinas and five Dad sites. on 34 acres located at the
northwest corner of the intersection of West Oak Street and North 19th Avenue (Z~04264)
Included in the Commissioners' packets were the staff report and proposal for the StoneRidge
Square Concept Planned Unit Development, as submitted by Springer Group Architects for Cape-France
Enterprises under Application No. Z-04264, to allow construction of large-scale retail buildings and a
145,560-square-foot retail complex, to include two multi-tenant buildings and five pad sites, on 34 acres
located at the northwest corner of the intersection of West Oak Street and North 19th Avenue.
Associate Planner Jami Morris noted that under this concept plan, the applicant is proposing the
construction of 150,000 square feet of retail space, most of which is to be located within two multi-tenant
structures. She reminded the Commissioners that this 34-acre parcel is located within an existing planned
unit development and must comply with the requirements of that development. She noted that wetlands
are located on the west side of the property; and the applicant is proposing that the 35-foot setback provided
when this property was platted in 2002 be honored even though the setback has subsequently been
increased to 50 feet. She then indicated the applicant has proposed curbing at the edge of the wetland;
staff recommends that curbing not be allowed within the 35-foot setback.
Mr. Lowell Springer, architect representing the applicant, noted that during consideration of the
rezoning on this property, the applicant made a commitment to provide more open space and landscaping
than required and to donate 11 + acres on the west side of this property to the City in conjunction with
development. He noted that he worked long and hard to arrange the buildings to provide for pedestrian
corridors and to provide benches and landscaped areas along those corridors to encourage pedestrian
circulation throughout the site. He stated that several businesses have been identified on the plan; those
businesses have committed to locate within this development if it moves forward.
10-25-04
----.-. ".-...
- 2 -
Further responding to Commissioner Krauss, Mr. O'Donnell encouraged the City to be proactive in
attracting businesses to the community, noting that regulatory requirements and permits can often be a
roadblock to start up businesses.
Responding to Commissioner Hietala, Mr. O'Donnell described the Gallatin Development
Corporation as a completely separate organization from the Tech Ranch. He noted that he will be attending
their function tomorrow night, and he has nominated several of his company's clients for their awards. He
noted that the GDC views the Tech Ranch as a "powerful arrow in the quiver" when trying to attract new
business to the community. He concluded py stressing that the Tech Ranch is not involved in recruiting,
but only works with early stage start-up companies, helping to get them launched and built into attractive
companies. He encouraged the City to help celebrate the successes and to learn from those companies
that have chosen to locate elsewhere without viewing those as failures.
The Commissioners thanked Mr. O'Donnell for his presentation and voiced appreciation for the
success of his program.
Update from StOry Mansion task force
Mr. Rolf Groseth, Co-chair of the Story Mansion task force, and architect Ben Lloyd gave a power
point presentation on the Story Mansion. The issues covered were the recent history of the property, an
overview of the architectural assessment, background information on the task force and activity on the site,
the primary options and their rankings, and the task force recommendations. Mr. Groseth stressed that the
Story Mansion includes the mansion itself, the carriage house and the grounds.
Mr. Groseth noted that in the Spring of 2003 the City, at the urging of many of its residents,
purchased the Story Mansion for $1.3 million; and in the Autumn of 2003, the City Manager appointed a task
force and charged the members to ensure the mansion, carriage house and grounds were restored and
preserved and to identify a short list of potential uses that minimize or eliminate the need for City subsidy
or ownership.
Mr. Ben Lloyd, Comma-Q Architects, stated that in August 2003, his firm was hired to conduct an
architectural assessment of the structure. The report is a two-part document that discusses the issues of
community, history, and the more pragmatic items such as heating, plumbing, mechanical, electrical and
structural assessments. He noted that the mansion was built circa 1910 for the T. Byron Story family, and
the family lived there until 1924, when the property was sold to the Sigma Alpha Epsilon (SAE) Fraternity.
Mr. Lloyd reviewed the configuration of the mansion, noting that the basement contains 2,700 square
feet that was primarily used for storage when it as constructed; the main floor contains 2,600 square feet
and is the more public area, with a library, sitting area, dining area and kitchen, and a porch wrapping
around two sides of the floor; the second floor contains the bedrooms and servant quarters; and the attic
contains the ballroom and entertaining area. He stated the mansion contains a total of 11,410 square feet,
on all four levels. The carriage house contains 2,360 square feet on the main level; that area was originally
a working stable and has since been modified to accommodate sleeping and others uses. The upper level
contains 2,320 square feet and is an open, exposed area that is used for entertaining. The carriage house
contains a total of 4,680 square feet on the two levels; and the total square footage of the two structures
is 16,090 square feet.
Mr. Lloyd stressed that preservation work and renovation of the structure must be done in
compliance with the Secretary of Interior Standards. During the architectural review, he carefully reviewed
the black and white photographs of the original structure and, based on that information, has identified a
paint scheme that he believes closely approximates the original appearance. He then suggested that,
through careful design, he feels it may be possible to create a connector between the house and the
carriage house that is historically sensitive, with exterior restrooms that could be used for activities that may
be occurring on the lawn only. He then indicated that an accessible entrance is being provided at the
southwest corner of the structure that will be done in an historically sensitive manner so it blends with the
original structure.
Mr. Rolf Groseth reviewed the list of people who have served on the task force, thanking them for
their input. He also acknowledged the City staff members that have assisted in the process, providing the
needed expertise and assistance.
10-25-04
..--..------..........-.......-.... n.___..____.__. ".
- 3 -
Mr. Groseth stated that this project has had a good reception from the congressional delegation.
He noted that a $500,000 grant from VAlHUD and a $500,000 grant from the US Department of Interior!
Save America's Treasures have been approved. He indicated that the VAlHUD monies have few strings
attached, while the US Department of Interior monies have many strings attached; and that is an issue that
must be taken into consideration when determining whether or not to accept those monies. He then
indicated that Senator Baucus has requested another V AlHUD appropriation in the upcoming fiscal year,
but that appropriation bill has not yet been finalized.
Mr. Groseth forwarded the four primary end use options that have been identified by the task force,
as follows: (1) Story Mansion Inn, which would involve conversion to a fifteen-room upscale bed and
breakfast with dedicated meeting space, public access and possibly a cafe; (2) MSU Center, which would
provide a unique meeting space and a linkage between Montana State University and the City; (3) Story
Mansion offices, which could either provide for a single firm or an office park complex, possibly with the
carriage house being used as a start up facility for high tech businesses; and (4) a single-family residence.
He then reviewed the pros and cons of each of those options. He noted that the task force has ranked
those four options, based on both the perfect world and the real world. In the perfect world, the rankings
would be: (1) MSU Center, (2) Story Mansion Inn, (3) single-family residence, and (4) Story Mansion offices;
in the real world they are: (1) Story Mansion Inn, (2) single-family residence, (3) MSU Center, and (4) Story
Mansion offices.
Mr. Groseth concluded by forwarding the following recommendations from the task force: (1) that
the City initiate a request for proposals (RFP) process for purchase, preservation as a single property, and
utilization of the Story Mansion, carriage house and grounds; (2) that the RFP be written to include the
stated goals of preserving the city block as a single property and the building exteriors in a manner
consistent with the original design; (3) that the RFP be written with the intent of attracting buyers who will
intend the end use to be an historic inn; and (4) that the RFP be written, if possible, to allow responses from
buyers who will intend the end use to be a single-family residence or from Montana State University.
Mr. Ben Lloyd indicated that, over the next six months, work is to be done to stabilize the exterior
of the structure, after which it will be painted. He noted that gutters and down spouts need to be installed,
a stormwater control system needs to be developed, and the three decks need to be waterproofed. He
stated that the contract documents for these items are to be prepared with bidding of the work to occur in
the first quarter of 2005 and construction to begin in the second quarter of 2005.
Commissioner Krauss thanked Mr. Groseth and Mr. Lloyd for the presentation and thanked the task
force members for their work on this issue. He suggested that, once the exterior stabilization and new paint
scheme are undertaken, he expects the community will become even more enthused than it has been to
date.
Responding to Commissioner Youngman, Mr. Mike Miles, member of the task force, noted one of
the reasons that Congress has been able to provide funding for the renovation of the Story Mansion is the
City's involvement in the property. He cautioned that the future ownership and use of the facility will impact
whether that funding source remains available for future rehabilitation.
Further responding to Commissioner Youngman, Mr. Miles indicated that he and K.C. Walsh chaired
a meeting at the Story Mansion, and during that meeting they encouraged attendees to consider this as not
simply a neighborhood issue, but as a city, county and statewide issue. During that meeting, questions
about the end use were minimal, although the neighbors do want to be involved in those discussions. He
stressed that this is the only property of its type in the Rocky Mountain west.
City Manager Chris Kukulski acknowledged former City Manager Clark Johnson's masterful job in
identifying an incredible group of the public to help guide the process. He indicated that he is prepared to
move forward with a request for proposals if the Commission directs him to do so. He recognized that if this
property is placed in private hands, the result might be to restrict additional federal funds for the project;
however, he forwarded his intention to work with the congressional delegation to obtain federal funds for
other projects in the community. He indicated that if the request for proposals does not generate any
responses, the City will have gained some knowledge and become aware that this project is not ready to
proceed to the next step.
Ms. Shirley Powell, member of the Ghost Town Preservation Society, forwarded the Society's
support for some public use of the Story Mansion.
10-25-04
.------- ------------- . .__._.__".__.__ __...___..__.__n..
- 5 -
Mr. Springer turned his attention to the buildings themselves, noting that the plan is designed to
provide a transition from the residential areas to the south and west to the retail development to the north
and east. He indicated that the type of construction will transition between the two distinctly different types
of development. He cautioned that it is difficult to change the appearance of corporate identity structures.
He then indicated his general concurrence with many of the issues raised by the Design Review Board, and
will work to address them. He suggested that on Parcel 2, the building could be relocated and the street
possibly shifted to the north to incorporate more area into the green space, resulting in a wide open green
space leading into the center of the development, and then to a pedestrian corridor between the buildings.
Commissioner Youngman expressed her support for the proposed plaza in the center of the
development. She then asked where the neighborhood commercial uses are located, expressing concern
that the scale and uses are more community commercial oriented uses.
Mr. Springer identified two small restaurants that fit with the "B-1" zoning designation.
Commissioner Kirchhoff stated he sees nothing that strikes him as neighborhood commercial within
the proposed development. He then suggested that, rather than locating the large scale retailer at the back
of the lot, where it is closest to the residential development to the west, it might be preferable to move the
big buildings adjacent to North 19th Avenue, with the 4,000 to 8,000-square-foot buildings located to the
west. He noted that under this revised configuration, the parking lots could be located between the buildings
rather than between the street and the building.
Mr. Lowell Springer responded that scale is one of the issues with locating a large scale retail store
adjacent to a roadway. He stated the result is a more imposing structure, while locating it further back on
the lot with landscaping and smaller buildings in front helps to maintain a desirable scale. He also
expressed concern that the proposal to move the large buildings to the front of the lot results in a double
front building rather than one with a front and a back that allows a service work area.
Commissioner Krauss voiced concurrence with Commissioner Kirchhoff's comments. He then noted
that this property was originally zoned for residential development; and changing it to allow for commercial
development carries with it the need to provide an enhanced development design. He does not believe that
has been accomplished with this proposed design.
Commissioner Krauss stated that he saw a Home Depot in Colorado that looked like a corporate
center with an interior parking area and berming around it. He characterized that development as
significantly different in appearance and feel from any development in this entryway corridor, and he was
hoping to see that type of proposal for this site. He expressed concern that the proposal now before the
Commission reflects a line of buildings on essentially the same line as the existing Home Depot, with a
continuation of the same parking areas. He noted that it has a trail system, setbacks and out parcels that
are very similar to those in the Bridger Peaks Town Center across the street. He stated that, in light of the
change in zoning from residential to commercial, he finds the development on this site must be
extraordinary, which this proposal is not.
City Manager Kukulski noted that lifestyle centers are now becoming an attractive method of
development in certain communities and suggested such a plan may help to address the concerns and
issues that have been raised.
Commissioner Youngman characterized this proposal as commercial strip development, with no
distinction between regional and neighborhood commercial; and that is not an acceptable design. She
stated this proposal needs serious redefinition to provide the type of development that was anticipated with
the rezoning. She noted that it does not need to be a lifestyle center, but it does need to include some
neighborhood services, with the structures near the intersection of North 19th A venue and West Oak Street
being of a design and style that is compatible with the adjacent residential and commercial developments
and that provides a distinction between it and other commercial development on the site.
Commissioner Krauss reiterated his position that, with the change in zoning from residential to
commercial, the bar was raised far higher for this site that for any other development along North 19th
Avenue. He noted this piece of property is designed to break up the regional commercial and 1970s look;
and this proposal does not meet the test of providing that different appearance.
10-25-04
u......_
- 6 -
Commissioner Kirchhoff characterized this proposed development as "new age strip commercial
with satellite development", and not a step in the direction of urban planning or livability. He indicated that
a de-emphasis of corporate architecture is needed, and he does not want to see any EIFS on the buildings;
rather, he proposed a mix of materials that possibly includes some banding or masonry that enhances the
appearance of the structures.
Mr. Springer responded by cautioning that placing large scale buildings close to the street can result
in hard walls that don't invite people in and that suggest the development is encapsulating itself rather than
being incorporated into the community.
Commissioner Krauss reiterated his position that he does not want this development to have the
same look as other existing development within the corridor. He encouraged the applicant to come up with
a better alternative if the suggestions that the Commissioners have forwarded don't work.
Commissioner Youngman stated that intimate neighborhood commercial development is essential,
noting it provides a more inviting feel than corporate development. She noted that that portion of the site
near the intersection of North 19th Avenue and West Oak Street is designed to serve as a transition area,
and it does not. She suggested that an exciting design would change the rhythm of North 19th Avenue and
cause people to slow down and look.
Commissioner Kirchhoff suggested that Costco is more foreboding than other commercial
development in the area because one has no sense of scale when approaching it. He then stressed that
there are no pedestrians along North 19th Avenue, rather, it is large scale development. He then
encouraged the applicant to prepare a design that more accurately reflects the Commission's desires. He
suggested that a different configuration for the southwest corner of this property, possibly with an access
from West Oak Street rather than North 19th Avenue, that reflects more standard block sizes could provide
the neighborhood commercial scale that is desired in that area.
Commissioner Krauss stated he expects higher and higher standards for every project in the
entryway corridors, particularly in those areas where the zoning has been changed.
Commissioner Youngman suggested that a new design provide for the buildings to address two
streets, and noted that parking should not be "a river through it". She then expressed her concern about
relaxing the setback requirements for the wetland area and stated she does not support the encroachment
of curbing into that area.
Mr. Springer responded by stating the wetlands in this development are created by irrigation ditches
and not by springs or tributaries.
Responding to Mr. Springer, the Commissioners encouraged him to work with staff during redesign
of this project and indicated a willingness to conduct another informal review on a new plan.
Video presentation
City Manager Kukulski showed the Commission a video tape of one of the sessions from last year's
International City/County Management Association (ICMA) conference. He noted that in this video, Dr.
David Chadwick focuses on principle-centered and value centered-decisions, based on his book The 12
Leadership Principles of Dean Smith. He identified the principles that Coach Smith uses, which are: (1)
people are your most important product; (2) the team is more important than the individual; and (3) character
is still important today.
At the conclusion of the video, City Manager Kukulski identified other books that he has available
for anyone who wishes to read them. He stressed the importance of using positive words and creating a
positive work environment, as well as empowering employees. He also noted that envisioning Bozeman
in 2050 is essential as the City Commission and City administration consider today's issues.
Commissioner Kirchhoff stated he feels the video is good. He then noted that, as a Commissioner,
he finds it is important to provide information to the public and to not become defensive when approached.
He indicated that he is comfortable with the information he receives from the professional staff, the expertise
of the staff and the services provided by the City.
10-25-04
----- .".--.".. .--...-...".-"."..-
- 7 -
Commissioner Krauss noted that two-thirds of this community feel empowered, which is why there
is such a huge volunteer group in Bozeman. He also noted that everyone has an opinion and everyone in
the community feels special, which is an important part of the community that he does not want to lose.
City Manager Kukulski suggested that combining the volunteer component of the community with
positive thinking and positive presentation will empower the community. He stressed the importance of
capitalizing on the bright people and the importance of retaining what is authentic about Montana. He then
suggested the possibility of visiting those cities in the western United States from which Bozeman might
learn how to better grow and operate. He suggested this could be accomplished through tours to those
communities.
Mr. John O'Donnell stated he is participating in Leadership Montana and has found Bozeman is well
ahead of many other communities in the state. He then noted that 66 percent of Bozeman's growth is from
within the state.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1) Copy of the Notice of Special Meeting for the meeting to be held at 7:00 a.m. on Thursday,
October 28, at the Holiday Inn.
(2) Copy of the Notice of Special Meeting for the meeting to be held at 1 :30 p.m. on Friday,
October 29, in the Commission Room.
(3) E-mail message reminding the Commissioners that the joint resolution for the West Babcock
Street improvements will be considered by the County Commission at its meeting on October 26, along with
a copy of the memo that accompanied the resolution.
(4) E-mail regarding the free computer recycling collection event scheduled for Saturday,
November 20, at the Gallatin County Fairgrounds.
.
(5) Copy of a memo from Neighborhood Coordinator Tracy Oulman to Planning Director Andy
Epple, dated October 14, regarding the upcoming InterNeighborhood Council meeting.
(6) Updated list of planning projects to be considered at upcoming Commission meetings, dated
October 20,2004.
(7) Agenda for the School District No.7 Board of Trustees meeting to be held at 7:00 p.m. on
Monday, October 25, at the Willson School.
(8) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, October
26, at the Courthouse.
(9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Wednesday, October 27, at the Professional Building.
(10) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Wednesday,
October 27, at the Professional Building.
(11 ) Agenda for the Cemetery Board meeting to be held at 1 :00 p.m. on Thursday, November
4, in the Conference Room at City Hall.
(12) Notes from the Community Alcohol Coalition meeting held on September 8, 2004.
(13) Planning Director Epple announced that the Reach application for $500,000 in CDBG monies
for construction of a new work center has been approved.
(14) Director of Public Service Debbie Arkell noted that the County Commission will consider the
joint resolution for the West Babcock Street SID at its meeting tomorrow morning. She reported that a
10-25-04
- 8 -
neighborhood meeting was held a couple of weeks ago; that meeting was well attended and the residents
asked many good questions. She noted that 55 percent of the estimated costs are to be assessed against
the property owners, with the remainder being paid through impact fees.
Responding to Commissioner Kirchhoff, the Director indicated that a greater portion of the project
is eligible for the use of impact fees; however, those monies have been divided to allow for contributions
to more projects. She noted that the County is saving its street impact fees for the airport interchange. She
then indicated that, if the county residents don't participate in the district, city residents will pay 20 percent
more than projected in the resolution of intent that is before the County Commission tomorrow and before
the City Commission next Monday.
City Manager Kukulski reported that he and Director of Public Service Debbie Arkell met with the
three County Commissioners to present the West Babcock Street project and, while the meeting was better
than he experienced with the Flathead County Commissioners, the result was the same. In this instance,
he noted the County Commissioners feel the City is to blame for the problems on West Babcock Street and
should, therefore, provide the solution. He then observed that, since all of the county properties within the
district are wholly surrounded, the City could annex them within the next ninety days and then make them
part of the special improvement district.
Commissioner Kirchhoff asked for the gap between the impact fee amount appropriated and the
amount that could be funded, and whether more monies could be authorized for this project.
Commissioner Krauss noted that if the City uses its impact fees to pay for the capacity expansion
portion of the project, he feels the current property owners need to bear the costs of the remainder of the
project.
City Manager Kukulski noted that if the County chooses not to participate in the district, the county
residents will be sUbject to a payback district and will be required to pay the costs upfront when annexed
and provided city services, which could be a real disservice to those residents.
Commissioner Krauss indicated he will attend tomorrow's County Commission meeting;
Commissioner Hietala noted he will also attend to observe this item.
(15) Acting City Attorney Tim Cooper distributed copies of the latest court action on the impact
fee lawsuit. He noted that there may still be some room for settling of the case, and this order includes the
selection of Jack Mudd, a former attorney in Missoula and now respected mediator, to assist in non-binding
mediation of the case. He then requested an executive session be scheduled for November 8 to prepare
for that next step.
Adjournment - 10:47 p.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
carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner
Hietala, Commissioner Krauss, Commissioner Youngman and ayor Cetraro; those voting No, none.
ATTEST:
~c-/~
R IN L. s&LLlV AN -
Clerk of the Commission
10-25-04