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HomeMy WebLinkAbout1998-02-09 Minutes, City Commission MINUTES OF THE WORK SESSION/AGENDA MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 9, 1998 ***************************** . The Commission of the City of Bozeman met in work session and agenda meeting in the Commission Room, Municipal Building, February 9, 1998, at 3:00 p.m. Present were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Agenda Meetina - for reaular meeting and Dublic hearings to be held on Februarv 17. 1998 Since this is an agenda meeting, only those issues requiring staff action are contained in the minutes. . City Manager Johnson briefly reviewed the background information which was included in the Commissioners' packets. (4) Assistant Planner Debbie Arkell gave a brief overview of this requested modification, noting that it has been submitted to the Commission for action because the original sign was a hotly discussed issue during the conditional use permit process. She noted that the new sign was installed while she was communicating with the office, so no permit was acquired from the Building Inspection Division. Responding to Commissioner Rudberg, the Assistant Planning Director stated that, if it is determined a permit is needed, the Building Inspection Division is then responsible for making a determination on whether a double fee will be imposed because the permit was not obtained prior to installation of the sign. . Responding to additional questions from Commissioner Rudberg, City Attorney Luwe stated that he must await the Code Enforcement Officer's request and then review the circumstances before determining whether this is the type of situation when prosecution should be considered. 02-09-98 - 2 - (5) Planning Director Andy Epple gave an overview of this request for classification of use and reminded the Commissioners of the basis upon which the decision is to be made. He stated that if the Commissioners determine these uses cannot be classified under permitted uses, the applicants still have the options of seeking a zone code amendment or pursuing the . planned unit development process to create a three-institution campus at South Third Avenue and Goldenstein Lane. He then asked that Commissioners forward any requests for additional information to him prior to next week's meeting, so he can be prepared to respond as necessary. (6) City Attorney Luwe stated that he drafted a similar ordinance for the City of Billings several years ago, when he worked in the City Attorney's office there. He noted that the reason for that ordinance was to ensure the safety of the children, and this ordinance is patterned after that one. He then reviewed the three changes proposed by Commissioner Frost, stating his support for the proposed amendment to Section 12.32.240, encouraging the Commission to retain his original language for Section 12.32.250.1. because the proposed language would be difficult to enforce, and indicating he has no specific recommendation for . the proposed amendment to Section 12.32.260. Responding to Commissioner Frost, the City Attorney stressed that the primary purposes of the ordinance are to promote the safety of the children and the orderly progress of the parade or public assembly. He stated that he has seen children run out into the street to get candy and, in a couple of instances, has witnessed close calls. He noted that with candy being handed out by those walking beside the floats, the hazards to the children are dramatically reduced and they don't end up fighting over the candy. Commissioner Youngman stated she continues to hear from parents that chasing after candy is part of their children's thrill in going to parades. She recognized that the safety of the children is of primary importance, but suggested an alternative might be available. After discussion, the Commissioners concurred with the City Attorney's proposed . changes to the ordinance, with the revised ordinance to be considered at next week's meeting. (10) City Manager Johnson stated two items are to be added to the consent items for next week's meeting. Responding to Mayor Stiff, City Attorney Luwe stated that the significant increase in the cost of the victim witness program is due to the fact that a second coordinator is being 02-09-98 ------ -------- .- ----- ----..----.-... - 3 - proposed because Gloria Edwards needs to concentrate on some specific areas and, as a result, she does not have the time to handle all of the cases. He noted that at the present time, her workload is heavy enough that she is typically able to handle only the felony cases, so the City's current benefit from the program is dramatically reduced. He stated that, hopefully, with . a second coordinator, the City will once again begin to benefit from the program. Further responding to the Mayor, Commissioner Rudberg stated that they plan to forward legislation again under which the violators would be assessed to help fund the victim witness program, thus reducing impacts on taxpayers. City Attorney Luwe stated the second item will be added to the agenda if all of the necessary documents are received by the deadline. He noted that a petition has been received for annexation of the Armknecht property for which sewer service was recently sought, and staff has prepared the staff report. He stated the next step is for the applicant to execute the annexation agreement and staff to prepare the resolution of annexation and, if completed, those documents will be added to the agenda. (16) City Manager Johnson stated that only a limited number of water facilities . plans have been printed. He noted one copy is available at the Library and one will be available at City Hall for anyone wishing to review it prior to the public hearing. (17) Assistant Planner Jody Olsen gave a brief overview of the project, which includes a conditional use permit for a dental office building with some professional office space. Included in the application are two variances, one to allow the height of the building to exceed the maximum height by 3 feet 3 inches and the other to allow more signage than allowed under the code. Following her overview of the project, the Assistant Planner stated that the Planning Board has forwarded recommendations for approval of all three segments of the application. Commissioner Frost expressed concern that the proposed light fixtures do not meet the code requirements, and the conditions need to be revised to require that they are brought into . compliance. He stressed that neither the luminaire nor the glass should extend below the shield. Responding to Commissioner RUdberg, the Assistant Planner stated that the original request was for a building which was 6 feet 9 inches taller than allowed by code, but the 02~O9-98 --------. - 4 - architect submitted revised drawings which decreased the height of the building so that the needed variance is now 3 feet 3 inches. Commissioner Rudberg requested that the agenda listing be revised to reflect the lower height. . (19) Planning Director Epple gave an overview of the proposed zone code amendment, which was initiated by the Commission. He noted that approval of the amendment will bring the signs at the little league field into compliance. (10) Planning Director Epple reviewed this proposed zone code amendment, which was also initiated by the Commission. He stated that under this proposed amendment, non- residential uses permitted in residential zoning districts would be allowed to have signs the same as those allowed in the B-1 zoning district, while conditional uses would be allowed to have signs the same as those allowed in the R-Q zoning district. The Planning Director stated that, as a result of input received during its public hearing, the Planning Board recommended approval of the amendment, with a revision to allow a 1- square-foot sign on a mailbox post for a home occupation in addition to the 4-square-foot sign . currently allowed under the code. Responding to Commissioner Rudberg, the Planning Director stated that this proposed amendment will eliminate many non-conformities and will not create any. Break - 4:05 to 4:10 p.m. Mayor Stiff declared a break from 4:05 p.m. to 4:10 p.m., in accordance with Commission policy. Work Session - (A) Update on public transportation plan: (B) Discussion re Cemetery Board: (C) Discussion re possible revised format for aaenda meetinas and work sessions (A) Update on public transportation plan . Neighborhood Coordinator/Grantsperson James Goehrung noted that, included in the packets, was a memo dated February 2, forwarding information regarding the Parking and Transit Study completed in November 1996. He noted that this study was completed under a grant received from the Department of Environmental Quality, and it has provided a good basis upon which to prepare an application for federal funding available for transit systems. 02-09-98 n. ._ - 5 - He noted the next step would be to complete an application to the Montana Department of Transportation monies under Section 5311, to assist with operating costs and capital expenditures for an urban transit system. The Neighborhood Coordinator/Grants person stated that the deadline for this year's . application process has just passed, so the next cycle is nearly a year away. He noted that when the original transit study was completed a year ago, there did not seem to be much interest in proceeding with a transit system; however, the interest seems to have grown significantly over the past few months. He stated that, even more recently, the potential for including the transit plan as an element of a transportation plan update has been suggested. Neighborhood Coordinator/Grantsperson James Goehrung noted that the Turner Foundation has recently given grants for youth programs in several communities throughout the state. In Bozeman, one of the strongest components of identified youth needs was a public transit system, to make it easier for youth to get around the community. He also noted that there has been talk about the University dropping the Bobcat Transit program because they cannot justify increased tuition fees to cover the costs of the program. Also, he noted that . GalaVan is reaching its maximum capability to address the needs of its ridership. He suggested that, with the identified needs in the community and strong federal funding at the present time, it may be appropriate to proceed to the next step in consideration of a public transit system. The Neighborhood Coordinator/Grants person stated that at the last Transportation Coordinating Committee meeting, there was discussion about the need to update the City's transportation plan, which was adopted in 1993. He noted that under that plan, 74 transportation system management projects and nine system-wide projects were identified. To date, all but 31 percent of the projects have been addressed in some manner; and personnel from the State have suggested that now is the time to begin updating the plan and identifying additional projects to enhance and upgrade the system. He stressed that, while combining the transit plan and the transportation plan might slow down the transit plan, the resulting . document will be more comprehensive and a better overall product for the community. Planning Director Andy Epple stated that the State of Montana Department of Transportation representatives have indicated a definite interest in seeing Bozeman's transportation plan updated, noting that the previous update was initiated in 1991 and was adopted in 1993. He stated that the State, as well as the City and the County, rely heavily on 02-09-98 - 6 - the transportation plan. He indicated that, with the $5 million general obligation bond issue, many of the projects identified in that plan are being addressed. He further noted that the plan was originally designed for a five to seven-year period. However, the growth rate was projected at 1.8 percent, while the actual growth rate has been 4.3 percent per year since . 1990. As a result, the population projections for the year 2010 will actually be met in 1998. Also, the City's water facilities plan has been recently completed, and the wastewater facilities plan is scheduled for completion in the near future. The Planning Director noted that, with an updated transportation plan, all of the City's infrastructure plans would be current and based on current information. Those technical documents could then be used to help guide the City's growth for several years to come. The Planning Director noted that the last update of the transportation plan took eighteen months, from the time the request for proposals was developed to the time the document was finally adopted. He suggested that since many of the people on staff were closely involved with that project, the timeframe for this proposed update should be under twelve months from start to finish. He recognized that if the transit study becomes a . component of the transportation plan, the new update might not be completed in time to meet the deadline for the application that Neighborhood Coordinator/Grantsperson James Goehrung has identified. He suggested that it might be possible to get the transit study completed prior to putting the finishing touches on the overall document, so that the application can be completed by the deadline. Responding to Commissioner Rudberg, Assistant City Manager Ron Brey stated that the day after the Commission last discussed updating the master plan, Planning Director Epple was contacted by the State about the need to update the City's transportation plan. As a result, staff members went to Helena to meet with representatives from the Montana Department of Transportation and, during that meeting, they portrayed themselves as one of the best customers of the plan because they use it constantly from the standpoints of planning . and operations. He noted that the State currently has monies available for updating the transportation plan and under this program, the City would be required to provide a 20-percent match. He noted that the work done on the transit study to date would be incorporated into the transportation plan without any loss of eligibility for funding. He also stressed that there would be no strings attached to the findings resulting from a transit study. He noted that if a 02-09-98 . --.".-.-- - ~ .---. - 7 - transit system is to be developed, there would be no requirement that it be municipally run; rather, it could be privately operated. The Assistant City Manager stated that if the transportation plan is to be updated, the next step is for the respective staffs to determine their needs and identify the issues to be . covered in the scope of services. That information will then be reviewed during the Transportation Coordinating Committee meeting in April. The next step is entering into a contractual agreement for the plan and completion of the scope of services, which may require a special meeting of the Transportation Coordinating Committee. He stressed that the contract must be entered into and the commitment of funding made prior to the end of the fiscal year, although the actual work and any financial obligations will not occur until after the start of the next fiscal year. Responding to Commissioner Rudberg, Neighborhood Coordinator/GrantspersonJames Goehrung stated that the monies for the transit plan are urban transit funds. He then stated that, because of the many numerical notations attached to the different pots of state and federal monies, it is difficult to determine if this is the same pot of money that provides . assistance for GalaVan and Reach. He noted that the Section 5311 monies include two components, for both the purchase of equipment and operating costs. Further responding to Commissioner Rudberg, the Assistant City Manager stated that the State recognizes the work already done on the transit study and wants to use that information as the basis for the next step in the transit plan. He noted that once the studies are complete, the City would be eligible for assistance with the capital for a transit system, and they can be used to leverage operating costs. Responding to Mayor Stiff, Assistant City Manager Brey stated that, because of the technical expertise required in the preparation of the transportation plan and the mOdeling and engineering involved, it is important to seek a consultant to complete the task. He noted that the scope of services developed with input from all of the involved agencies should result in . a document that provides the types of information needed by all agencies using the document while ensuring that the City will be eligible for funding support. Mayor Stiff noted that it is important for staff to identify the issues that should be addressed in the scope of services, with that information to be submitted to the Commission 02-09-98 . -.---- - 8 - for review and approval prior to the Transportation Coordinating Committee. He then asked for Commission concurrence in that process; the Commissioners concurred. (B) Discussion re Cemetery Board Included in the Commissioners' packets was a copy of City Manager Johnson's memo . dated December 12, 1997, forwarding staff responses to the issues raised by the Cemetery Board. The City Manager reviewed the contents of the memo, beginning with the resolutions forwarded by the Board, then the facilities problems and management needs as identified by the Board and concluded by forwarding his recommendations. The City Manager noted that the Cemetery Board urges the construction of a fence to enclose the cemetery. He recognized that the primary purpose of this proposal is to limit vehicular access to the cemetery, particularly inappropriate traffic at inappropriate times, and to preserve the sanctity of the area. He then forwarded staff's recommendation that a combination of fencing and hedges be used to enclose the cemetery, recognizing that temporary fencing may be needed while the hedge material matures. He noted that enclosure of the cemetery has been the subject of a considerable amount of argument from different . groups in the past, with strong opposition to fencing of the perimeter. He stated that a portion of the area has been recently fenced, and that chain link fencing has been cut several times. He cautioned that, to ensure the hedge becomes well established, it will be necessary to extend the watering system to that area of the cemetery. Mayor Stiff noted that, with the park adjacent to the cemetery, the Commission felt it was important to install a fence between the two facilities. He recognized that this effort has not been effective, particularly since the fence was cut in the first week it was up. He then indicated his support for the City Manager's proposal to use a combination of fencing and hedge materials to enclose the cemetery and preserve its serenity. Commissioner Smiley stated it is disturbing to go to the cemetery and see people removing things from her parents' graves. She also noted there is a definite problem with dogs . running loose in the cemetery, and that is evidenced by the "dog poop" everywhere. She characterized this situation as very disturbing to those who wish to go and spend quiet time at their family graves. Commissioner Frost noted that many of the major cities are opening their cemeteries for more public use because they have found that with more people in the cemetery, 02-09-98 - 9 - inappropriate uses decrease. He noted that those communities also recognize that automobiles are the prime problem in the cemetery. The Commissioners forwarded their support for the City Manager's proposal to enclose the cemetery. . City Manager Johnson forwarded his response to the Cemetery Board's second resolution, which defines the area to be enclosed. He stated that he has been at the cemetery a substantial amount of time in the past six months, observing the activities that take place. He noted that some cross country ski trails have been developed along the outside edges of the cemetery, but a few trails have also been created across the cemetery grounds in a few places. He suggested that installing a fence and hedge materials approximately twelve feet from the property line would leave space for the perimeter trails that exist while providing a visual barrier between those using the trails for recreational purposes and those in the cemetery paying their respects to loved ones in a quiet and serene setting. Commissioner Smiley stated that she recently observed cross-country skiers skiing right by a funeral, which is thoughtless and disrespectful. . The City Manager reminded the Commission that expansion of the cemetery to the east will be necessary in the next few years. He suggested that the first hedge installed should include adequate space for expansion over the next few years and, as additional land is needed for cemetery purposes, a new hedge can be planted and the first hedge can be cut as necessary to provide for the extension of roads into the new portion. He stated that the hedges can then remain in the cemetery and provide some of the landscaping needed to retain its attractiveness. Responding to Mayor Stiff, the City Manager confirmed that under this proposal, the cemetery land outside the hedge could be used for recreational purposes. He then stressed that, while that portion of cemetery land outside the hedge may be used for recreational purposes, no permanent structures should be allowed. He also stressed the importance of not . giving the impression that the City is giving up any of its cemetery land for other purposes. Mayor Stiff noted it is important to remember that the recreation complex has been constructed on cemetery land. City Manager Johnson turned his attention to the third resolution, which requests that the Commission designate $80,000 toward capital improvements and landscaping. He noted 02-09-98 - 10 - that under the proposed capital improvement program, $20,000 is earmarked in each of the next two years for capital improvements at the cemetery, including the installation of fencing and hedge materials. He reminded the Commission that the Guardians of the Cemetery had previously indicated a willingness to contribute toward those improvements and, if that offer . still stands, the capital improvements projects could be dramatically accelerated. He also suggested that a portion of the monies from sale of the Haynes Building could be earmarked toward this effort as well, if the Commission so chooses. Responding to Mayor Stiff, the City Manager stated that he has not scheduled the installation of electric gates at the cemetery yet, but will do so once the enclosure is complete. He noted that the gate on South 19th Avenue with the nice brick posts and electric gate that lifts up and out of the way could serve as a nice model for gates at the cemetery. He noted that law enforcement and the security company could then use a key pad to open the gates and patrol the cemetery after hours. Commissioner Frost asked for a budget for the total proposal, including the gates and hedge, so the Commission can more easily anticipate when the various capital improvements . might occur. The City Manager noted that the fourth resolution from the Cemetery Board pertained to a budget amendment for Fiscal Year 1997, so it is no longer relevant. City Manager Johnson then turned his attention to the five "facilities problems" and four "management needs" as identified by the Cemetery Board. He noted that the security fence is the first issue, and he feels that has been adequately addressed in earlier discussions under this agenda item. The second item pertains to modernizing the watering system at the cemetery. He cautioned that the Engineering staff and Cemetery staff have done a lot of work on determining how to develop adequate water supplies to irrigate the entire cemetery using sources other than the City's treated water. He cautioned that, because of the large expanse of area to be irrigated, in excess of 350 gallons per minute is needed. To date, efforts to drill . wells to provide that water have been marginal and do not generate the yields necessary. He stated that the Engineering staff is currently pursuing the possibility of obtaining water rights in the Mill Ditch, but that will take some time, and then the costs of pumping that water up the hill and into a storage facility for irrigation could be quite high. 02-09-98 ------ - 11 - Park/Cemetery/Forestry Superintendent John McNeil cautioned that if the City is successful in drilling a high yield well, the procedure for obtaining the water rights to that well could be lengthy because Montana Power Company is protesting every large well in the area. City Manager Johnson addressed the third issue, which pertains to repair of the . driveways, particularly in the older section of the cemetery. He stated that he was unable to give this item a priority in the capital improvement program. He suggested, however, that the use of recycled asphalt might be one option for addressing the issue, at minimal cost to the City. He cautioned, however, that maintaining the roads in a good gravel standard might be more appropriate than paving. The City Manager turned his attention to the fourth issue, which is the installation of a columbarium. He stated that the information submitted by the Cemetery Board shows that a 46-niche columbarium will cost approximately $18,000, and the columbarium will cover five burial lots. The City Manager noted that, to recover the investment costs, each niche would cost $434.00 and, to ensure that the Cemetery Perpetual Care contribution is made, the sale price of each niche is proposed at approximately $750.00. In light of these costs and the . extent to which the General Fund subsidizes the cemetery activities, the City Manager stated he intends to seek Commission direction on how much it wishes to subsidize this program. The City Manager then turned his attention to the fifth facility problem, which pertains to cleaning up the unsightly locations in the cemetery. He noted that irrigation pipes and standards for diverting traffic are stored in various locations throughout the cemetery. He stressed the importance of storing these items in a secure area close to where they are used, but he recognized that a less conspicuous location in the cemetery can be found, possibly in the middle of the tree farm where they would be better screened. Commissioner Smiley suggested that another option might be to screen those items with hedging materials. City Manager Johnson next addressed the four management needs as identified by the . Board. He noted that the first issue pertains to operating the cemetery as a trust. He forwarded staff's finding that the cemetery is being operated in accordance with both State statutes and the Bozeman Municipal Code. He stated that the cemetery may be operated as a trust with its own administrative board, cautioning that administrative boards typically make his job more complicated and difficult and give staff confusing directions. He suggested that 02-09-98 - 12 - another alternative would be to create a land use board that would advise the Commission on the use of all City-owned lands, with that board replacing several of the existing boards, including the Cemetery Board, the Recreation and Parks Advisory Board, the Tree Advisory Board, the Beautification Advisory Board, and the Senior Center Advisory Board. He suggested . that, since all of these boards currently compete for General Fund monies, one single board could alleviate some of the potential conflicts when seeking funding. He recognized that this does not seem to be a popular idea. City Manager Johnson noted that, also included in the Commissioners' packets, was a draft ordinance forwarding proposed revisions to the composition of the Cemetery Board, for Commission consideration if the Commission chooses to retain the Cemetery Board as an advisory board. Responding to Commissioner Smiley, Park/Cemetery/Forestry Superintendent John McNeil stated that from 1954, for a period of 31 years, the Cemetery Board was an administrative board by ordinance. He noted, however, that they only met 39 times in 31 years, and five of those meetings were illegal because they did not have a quorum. He then . stated that in 1954, operation of the cemetery was turned over to the City, but the ordinance was not changed until 1986, at which time the Commission revised the composition from an administrative board to an advisory board at the Cemetery Board's recommendation. Responding to additional questions from Commissioner Smiley, Commissioner Rudberg stated she feels that people from outside city limits can serve on the Cemetery Board, particularly since non-residents can be buried in the cemetery. She also indicated support for having one member of the board be a representative of an active, recognized veterans group, particularly in light of all the work they do at the cemetery and the activities that they coordinate and promote. Commissioner Smiley recognized the veterans' efforts and the fact that they have a section set aside in the cemetery. She noted, however, that there are several other sections . set aside for specific groups or organizations, and people from those organizations are also involved. She expressed concern, on that basis, about singling out one organization to be represented on the Board. City Manager Johnson asked if the Commission wishes to reconstitute the Board by adopting the ordinance and subsequently appointing new members. 02-09-98 - 13 w The Commissioners concurred that they wish to reconstitute the board. Following discussion, a majority of the Commissioners concurred that the ordinance, as drafted, should be placed on the agenda as soon as possible for action. Under this ordinance, a majority of the members must reside within city limits, with the additional residency restriction being removed, . and one of the members is to be a representative of an active, recognized veterans group whenever practicable. Responding to questions from Commissioner Rudberg, Assistant City Manager Brey stated that City staff provides support for most of the older boards. He noted that for those boards created in the late 1980s and early 1990s, the by-laws were written to require the boards to appoint a secretary from their members. Commissioner Frost suggested that the last sentence under Subsection C be ended after the words "public review", which removes the director of finance, or designee, as secretary of the board. The City Manager addressed the second management concern, under which financing of the cemetery operations would not be subsidized by the General Fund. He cautioned that, . even if 100 percent of the Cemetery Perpetual Care Fund revenues were deposited in that account, the fund would grow by approximately $35,000 plus interest annually, and that slow growth would not be adequate to sustain the cemetery operations. He then recognized the importance of reviewing the fees charged at the cemetery to determine if they should be adjusted. City Manager Johnson noted the third management concern pertains to an independent audit of the Cemetery Perpetual Care Fund. He stated that has been done, and the Commissioners have received copies of that report, which noted no unusual items. He stated the fourth management concern pertains to ensuring that the cemetery operations are in compliance with State statutes and City codes, and the independent auditors have determined that they do. He noted that the auditors have also suggested that the City seek an Attorney . General's opinion on the definition of "enclosure". The City Manager concluded his presentation by noting that staff is working to develop outcome and performance measures for the care of City lands, and that information will be used in determining budget allocations in the future. The Commission thanked the City Manager for his report and presentation. 02-09-98 .. - ------ - ...---------..-. - 14 - (C) Discussion re possible revised format for agenda meetings and work sessions City Manager Johnson suggested that the Commissioners consider a revised format for agenda meetings and work sessions. He proposed that the agenda meetings be held at 3:00 p.m. in the Conference Room, with work sessions scheduled for 4:00 p.m., or whatever time . is determined appropriate, in the Commission Room. He suggested that this will set aside a specific amount of time in which the Commissioners can review upcoming agenda items with appropriate staff members in a little less formal setting. It will also serve to notify the public when they may anticipate work session items will be discussed. Commissioner Rudberg noted that the maps in the Commission Room are often used during planning presentations. The City Manager responded that the maps for specific projects can be spread out on the table for discussion and, if it is determined necessary, copies of some of the maps posted on the wall in the Conference Room. Assistant City Manager Ron Brey noted there are still instances when staff members sit through a Commission meeting because they are concerned that something might be pulled . from the consent agenda. He recognized that recently the Commissioners have been good about not pulling items from the consent agenda except at the very beginning of the meeting, and he feels every effort should be made to ensure that items will not be pulled later in the meeting. He noted that same assurance applies to the public as well. Commissioner Rudberg suggested that the Commission establish a deadline for pulling items from the consent agenda. Following discussion the Commissioners agreed to try the new format as proposed. They also established a deadline of 11 :30 a.m. on Mondays (or Tuesdays in the case of a Monday holiday) for removing items from the consent agenda. Discussion - FYI Items . City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Memo forwarding a telephone message from Marc Louw, 610 South 7th Avenue, in which he requested that the MSU police assume responsibility for parking violations in the residential parking areas and that residents of those areas receive a free parking sticker. 02-09-98 - 15 - (2) Memorandum from Associate Planner Jody Olsen, dated February 2, 1998, providing an update on the fiscal impact analysis model proposal. (3) Notice of a pUblic hearing to be held by the Department of Natural Resources and Conservation at 7:00 p.m. on Tuesday, March 3, on the Remedial Investigation Report for . the Bozeman Solvent Site. (4) Agenda for the Development Review Committee meeting, to be held at 10:00 a.m. on February 3 in the Commission Room. (5) Agenda for the Design Review Board meeting, to be held at 3:30 p.m. on February 10 in the Commission Room. (6) Notice that there will be no County Commission meeting on Tuesday, February 10,1998. (7) Notice of the next Headwaters Cooperative Recycling Project meeting, scheduled for February 11 in Boulder, along with minutes from the January 14, 1998, meeting. (8) The City Manager stated that the City Manager's meeting at the Gateway Inn on Friday was good. He noted that one of the hot issues and concerns for Cities like Helena . and Great Falls is the utility deregulation and Montana Power Company's interest in selling their electricity generating facilities. He then stated that Great Falls City Manager John Lawton is bringing in a consultant to talk about deregulation, and he will be attending that meeting to learn more about the process. He noted that other issues of discussion included tax reform and identifying ways for local governments to reduce their dependence on property taxes. Commissioner Smiley suggested that the City should be looking at alternative forms of energy, such as solar energy, in case the community encounters a crisis situation. (9) The City Manager suggested the possibility of establishing a goal setting session during the February 23 work session. He then asked how the Commissioners wish to handle the process this year. Commissioner Rudberg stated she feels the five-year capital improvement program . document has significantly changed the process, and questioned whether the Commissioners need to set goals with that document in place. The City Manager noted that the process is different for staff as well. He stated that during the training session last week, staff talked about setting goals within the framework of the Commission goals and within the framework of overarching goals. 02-09-98 .. n__._.____ --.------.---. - ---- - 16 - Mayor Stiff noted that during the goal establishing process in some of the years past, the Commission spent a significant amount of time with staff. He asked if the Commissioners feel that is necessary this year; the Commission concurred that is not necessary. The City Manager noted that, as a result of last week's session, tomorrow's staff . meeting will be dedicated to working on defining terms. He also noted that a special staff meeting will be held at 9:00 a.m. on Wednesday, at which time Ken Weaver will make a presentation on defining terms and identifying how to define outcomes and outputs. He invited any interested Commissioners to attend either or both of those meetings. (10) The City Manager asked for Commission direction, before 7:00 p.m. tonight, regarding the bus barn issue, since the School Board is scheduled to consider that issue at its meeting tonight. He noted one possibility might be for him to intervene on behalf of the Commission, reminding the Board about the history of the site which has been recommended by their staff. Commissioner Youngman distributed copies of a proposed memo she has prepared for Commission consideration. . Commissioner Rudberg stated that if anyone in the neighborhood has a problem with the proposed purchase of the existing bus barns on North Wallace Avenue, she is sure they will be attending tonight's meeting. Responding to questions from Commissioner Rudberg, City Attorney Luwe stated that, as a general rule, governmental entities are not required to follow zoning regulations; however, a public hearing is required before the Board of Adjustment if they choose not to follow the code. Commissioner Youngman stated that if the Commissioners are not comfortable with the memo she has drafted, then perhaps the City Manager can sign it or another alternative can be considered. She recognized that the School District is not required to follow the zoning regulations, and she feels it is important to remind them of the history of this property and the . controversies between the current property owner and the neighbors and encourage them to talk to the neighbors before doing anything. Commissioner Frost forwarded his support for the draft letter, stating that, after parking near the subject site while buses were warming up in the morning, he feels the neighbors have registered legitimate health complaints. He also noted that, not only is the air quality bad, but 02-09-98 - 17 - many children cross the streets. He feels that this business has been operated with a lack of sensitivity for the concerns which have been voiced. Commissioner Rudberg characterized this as a "not in my back yard" reaction. She then noted that the School District is looking at several different sites and, if this one is not . chosen, similar concerns will be expressed about the other sites. Mayor Stiff stated he feels the proposed memo is inappropriate. He noted that if Commissioner Youngman has concerns, then she may forward those concerns as an individual. He then expressed his concern that this has been presented to the Commission fifteen minutes after the meeting should have been adjourned, with the expectation that the Commission will take action, and he feels that is inappropriate, particularly since the first article about this issue was in the newspaper several days ago. He then stated he is opposed to having another Commissioner voice his concerns for him. Commissioner Smiley stated her support for submitting the letter to the School Board, noting it is appropriate to let them know about the Commission/s concerns. Commissioner Rudberg stated the letter is much too strong. She then stated she feels . this is an issue for the neighborhood to forward if they wish, rather than one for the Commission. Following discussion, it was determined that the memo would be rewritten to reflect that it is from Commissioners Smiley, Frost and Youngman. (11 ) The City Manager stated that several requests have been received recently for endorsement of affordable housing projects similar to the Arcadia Gardens project. He noted that, since the deadline for applications is March 1/ if the Commission wishes to consider these requests, they must be placed on the agenda. The City Manager then stated that the Human Resource Development Council has the results of an audit on the Arcadia Gardens project, and that information should probably be considered in conjunction with this issue. He indicated that staff can gather information about . the current requests over the next few days and then forward it to the Commissioners in preparation for the upcoming agenda. Neighborhood Coordinator/Grantsperson James Goehrung suggested that, if the Commissioners wish, they could call a special meeting on February 23 to consider this issue. 02-09-98 - 18 - Following a brief discussion, the Commissioners concurred that these requests should be considered at a special meeting on February 23 so they have more time to consider the information that is provided by staff. Commissioner Rudberg asked if the applicants have done this type of project before and . whether their track record information will be available when the Commission considers these requests. Adjournment - 6:04 c.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Rudberg, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Rudberg, Commissioner Smiley, Commissioner Youngman and Mayor Stiff; those voting No, none. . ~f~~ ALF M. STI FF, Mayor ATTEST: , - ~ Z- --1~~ ROBIN L. SULltV AN Clerk of the Commission . 02-09-98