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HomeMy WebLinkAbout1996-12-23 Minutes, City Commission MINUTES OF THE SPECIAL SESSION/AGENDA MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 23, 1996 ***************************** . The Commission of the City of Bozeman met in special session and agenda meeting in the Commission Room, Municipal Building, December 23, 1996, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Youngman, City Manager Wysocki, City Attorney luwe and Clerk of the Commission Sullivan. Commissioner Frost was absent in compliance with Section 7-3-4322(2), M.C.A. 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. Sianina of Notice of SDecial Meeting . Each Commissioner, in turn, signed the Notice of Special Meeting. Minutes. December 16. 1996 It was moved by Commissioner RUdberg, seconded by Commissioner Stiff, that the minutes of the meeting of December 16, 1996, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Youngman and Mayor Stueck; those voting No, none. Exit Conference for audit for Fiscal Year 1995-1996 Mr. Dan Konen, from the firm of Junkermier, Clark, Campanella and Stevens, reviewed the Comprehensive Annual Financial Report, which contains the auditor's report for the City . for Fiscal Year 1995-1996. He stated that the audit was conducted in accordance with generally accepted auditing standards, Governmental Auditing Standards, and OMS Circular A-128. He briefly reviewed the auditor's opinion, which is an unqualified, or clean, opinion, noting that the City's financial statements have been completed in conformance with generally accepted accounting principles. 12~23-96 - 2 - Mr. Konen briefly highlighted some of the information contained in the Comprehensive Annual Financial Report, noting that it reflects a decrease in assets of approximately $2 million and an increase in liabilities of $600,000, for an overall decrease in equity of $2.6 million. He noted that a major portion of this change is attributable to the liability for closure of the landfill, . which is now $1 .2 million, since the landfill is at 71 .07 percent of capacity. Mr. Konen noted that during Fiscal Year 1996, the City's water revenue bonds were refinanced, reducing the interest rate and resulting in an economic gain. Also, during this past fiscal year, the State refinanced the bonds which support the two loans which the City has through the Department of Natural Resources and Conservation, resulting in a savings for debt service on those monies as well. Mr. Dan Konen briefly reviewed the single audit act portion of the audit, noting that it covers all federal financial assistance programs. He stated that the tests completed under the requirements of that act revealed compliance with those programs. Mr. Konen stated that a review of internal controls was conducted in the City Court area. He noted that, while the City Commission and City management have made great strides . in this area, some issues remain outstanding. He suggested that, through concentrated efforts during the remainder of this fiscal year, those issues should be essentially addressed. Mayor Stueck noted that earlier today, the Audit Committee met and conducted a more in-depth review of this audit. Following that review, the Committee unanimously forwarded a recommendation for acceptance of the report. It was moved by Commissioner Stiff, seconded by Commissioner Youngman, that the Commission acknowledge receipt of the audit report for Fiscal Year 1995-1996. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Discussion - direction to staff re action for croceedina with North 19th Avenue/West Oak . Street corridor master clan amendment and entrywav corridor status for North 19th Avenue. as forwarded in letter from Plannina Board dated December 11 Included in the Commissioners' packets was a memo from Planning Director Epple, dated December 1 7. City Manager Wysocki reminded the Commissioners that, in last week's packet, was a 12-23-96 ---- --- ---------------------- _____..u_._ __ - 3 - letter from the City-County Planning Board, dated December 11, forwarding three options for Commission consideration. Senior Planner Dave Skelton stated that staff is preparing to finalize the findings of fact for the master plan amendment to incorporate the North 19th Avenue/West Oak Street corridor . plan into the 1990 Bozeman Area Master Plan Updale and the resolution adopting that amendment. He noted, however, that before staff can complete those documents, it must receive direction from the Commission. He reminded the Commission that the corridor plan extends from Durston Road to the 1-90 interchange and, as a part of that plan, the entryway is designated as a Class I corridor, with a 50-foot setback. He further reminded the Commission that this issue was raised during the recent public hearing on the zone map amendment for the Maple Terrace Subdivision because this designation would require variances on all of the lots fronting along North 19th Avenue to accommodate reasonable development proposals. The Senior Planner reviewed the three options which have been identified, noting that these same options have been forwarded to the County Commission, and they are scheduled . to take action on Friday. The three options include: 1. Adopt the plan as preliminarily approved, anticipating either variance applications or a master plan amendment to change the entryway corridor status of North 19th Avenue adjacent to the lots in Maple Terrace Subdivision; 2. Adopt the plan as preliminarily approved and direct the Planning Board to initiate an amendment to revise the entryway corridor status of North 19th Avenue adjacent to the Maple Terrace Subdivision; or 3. Defer action to finally adopt the preliminarily approved plan until the process of revising the entryway corridor status of North 19th Avenue adjacent to the Maple Terrace Subdivision has been completed. The Senior Planner stated that the Planning Board is forwarding its recommendation that the City Commission and the County Commission select Option No.2, which will create the least burden on the property owners in Maple Terrace Subdivision while avoiding delays in . adopting the master plan amendment which would negatively impact pending applications for zone map amendments on the Perkins, Saccoccia and Graf properties. Responding to Commissioner Rudberg, the Senior Planner stated that the Planning staff also supports Option No.2, feeling it provides the most effective method for dealing with the issues which have been identified. 12-23-96 - 4 - Responding to Mayor Stueck, Senior Planner Skelton stated that this proposed change in the entryway corridor designation pertains only to the east side of North 19th Avenue from Durston Road to the southern boundary of the Covered Wagon Mobile Home Park, and applies to no other portion of that roadway between Durston Road and the 1-90 interchange. . It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the City-County Planning Board be directed to initiate an amendment to revise the entryway corridor status of the east side of North 19th Avenue adjacent to the Maple Terrace Subdivision. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Senior Planner Skelton stated that, in light of the Commission's action, staff will bring back the findings of fact and resolution to incorporate the sub-plan for the North 19th Avenue/ West Oak Street corridor into the 1990 Bozeman Area Master Plan Update for Commission action within the next three or four weeks. . Aaenda Meetina - for reaular meetina and Dublic hearings to be held on Januarv 6, 1997 Since this is an agenda meeting, only those issues requiring staff action are contained in the minutes. City Manager Wysocki briefly reviewed the background information which was included in the Commissioners' packets. (4) Assistant Planning Director Arkell stated that, in light of the Commission's adoption of the new sign code at last week's meeting, the need for this requested variance no longer exists. She forwarded options for dealing with this application, which include: (1 ) obtaining a letter of withdrawal from the applicant, (2) tabling action indefinitely, or (3) denying the application. After the Assistant Planning Director suggested that obtaining a letter of withdrawal would probably be the cleanest of those alternatives, the Commission requested . that she approach the applicant about obtaining a letter of withdrawal prior to the January 6 meeting. (5) Historic Preservation Planner Strahn noted that, because of the recent sign code adoption, this exemption is no longer needed. He then indicated a willingness to contact the applicant and attempt to obtain a letter of withdrawal prior to the January 6 meeting. 12-23-96 ---.--.-- .--- - -.. - 5 - (6 and 7) Assistant Planner Chris Saunders reminded the Commission that both of these applications are for conditional use permits to allow the sale of alcoholic beverages in conjunction with restaurants, and that these applications were submitted in anticipation of receiving the one additional beer and wine license in Bozeman. He noted that a conversation . with the hearings officer for the Liquor Division has revealed that a decision is anticipated in early to mid-February. On that basis, he recommended that the Commission defer its decision until March 3. (8) Assistant Planning Director Arkell gave a brief overview of the preliminary plat for the Yellowstone Peaks Mobile Home Park Subdivision, stating that it would provide for 35 mobile home rental lots and one lot for the existing single-family home. She reminded the Commission that a preliminary plat to allow for 44 townhouse units was previously approved for this subject property and, subsequently, a zone map amendment to R-MH zoning was approved. She stated that, in light of the R-MH zoning on three sides of this parcel and the change in the townhouse market, the applicant feels that a mobile home park is more appropriate at this time. She noted that the main concern raised during the Planning Board's . public hearing pertained to impacts on West Babcock Street, which will be less under this application than the previously-approved application. (10) The Assistant Planning Director stated this application is being sought to allow - for a parking lot to serve a new building proposed for the lot immediately south of the Wal-Mart site. (15) Historic Preservation Planner Strahn provided a brief overview of this application, stating that staff and the Design Review Board have recommended approval, subject to the boilerplate condition. (16 and 17) Associate Planner Dean Patterson provided background information on the location of these parcels. He noted that a number of concerns were raised during the Planning . Board hearing, pertaining to traffic generated by the commercial area on the southward extensions of North 15th Avenue and North 11 th Avenue, which are designated as minor collectors. He noted that, while the proposed zoning does not comply with the current master plan, it does comply with the amendments contained in the North 19th Avenue/West Oak Street sub-plan which was recently approved by the Commission. 12-23-96 --.--..-.--.. _.. - __._._.__. __u___ ----- - 6 - Public hearing - draft Ordinance No. 1435 - emeraencv interim zonina ordinance revisina Section 18.04.350 of the Bozeman Municipal Code. the definition of "casino" This was the time and place set for the public hearing on draft Ordinance No. 1435/ an emergency interim zoning ordinance revising the definition of "casino". Mayor Stueck opened the public hearing. . City Attorney Luwe reminded the Commissioners that they previously determined that changes were needed in the zone code pertaining to casinos and, as a result, implemented a moratorium on applications for conditional use permits to allow adequate time for staff to research the issue and prepare proposed amendments. As a result of research, staff has determined the moratorium does not pertain to the potential for an increase in the number of gaming machines in any existing casino, and the Commission subsequently directed staff to prepare this ordinance for consideration. The City Attorney noted that the zone code amendment pertaining to casinos is scheduled for hearing before the City-County Planning Board in January and before the City Commission on February 3. He indicated that a conversation with the Gaming Division of the . Department of Justice has revealed that there has been no significant increase in applications for gaming machines in Bozeman as a result of the existing moratorium or consideration of this emergency interim zoning ordinance. Responding to Mayor Stueck, the City Attorney stated that, if the Commission conducts its public hearing on the proposed zone code amendment pertaining to casinos at its February 3 meeting and decides to provisionally adopt the ordinance enacting the amendment immediately following the public hearing, it could be finally adopted on February 18 and would then be effective on March 20. Mr. Mike Powers, 270 Comfort Lane, stated his complete support of this proposed ordinance, noting he is in favor of any steps which "put the brakes on gambling". Mr. Bob Fletcher, 3315 Stucky Road, stated he is the owner of The Cannery Lounge as . well as a part-time farmer and rancher, and characterized himself as a business owner by profession. He noted that he served on the original Gaming Commission, which was appointed by Former Governor Ted Schwinden, which wrote many of the current gaming laws during its 1 % years of service. He reminded the Commission that the purpose of allowing limited gambling in Montana was to offset the declining liquor sales being encountered, and the gaming 12-23-96 --.--.--.--- ---------- -..--.------.------- - 7 - allowed under the current laws has provided for that. He then forwarded his position that this type of legislation belongs at the State level, rather than at the local level. He stated that gaming in the state increased 2 percent last year, which is an indication that the big rush for increasing the amount of gaming in each establishment has passed. . Mr. Fletcher noted that the City has, through its zoning regulations, controlled the location, lighting and general appearance of new gaming establishments; and he feels that is appropriate and should be continued because a big casino feel is inappropriate for Bozeman. He stressed, however, that he does not believe limiting the number of machines per establishment beyond the limits established by the State is appropriate. He noted that he has a total of seven machines in his two businesses, and he may reduce the number to five or six. Mr. Fletcher noted that the Gaming Commission was interested in establishing regulations which applied across the State, to ensure uniformity in gaming operations. He noted they took steps to ensure that each community received a portion of the revenues from the machines in that jurisdiction, and noted that approximately $600,000 was generated for the City of Bozeman last year. . Mr. Fletcher concluded by encouraging the Commission to take a less aggressive approach to this issue, and allow the State legislature to control the number of machines permitted per establishment. Mr. Gary Gerhardt, 1006 South Black Avenue, stated he owns Country Lanes, which is located west of Bozeman, within the jurisdictional area. He noted that, since this is a bowling establishment, liquor sales and gambling are accessory uses. He expressed concern about the proposal to limit the number of machines allowed beyond the State's regulations, stating that if casinos are not functioning well, they will not function at all. He noted that at the present time, his business has eight gaming machines. He further noted, however, that in 1999, Bozeman will host the Men's State Bowling Tournament, which runs for eight weekends and brings in 5,000 bowlers and many families. He stated that during that tournament, he will . probably add at least two or three machines to accommodate the increased number of people, and he is interested in maintaining the latitude to allow him to do that. He concluded by stating his concurrence with Mr. Fletcher's position that the Commission should allow the State to control the number of gaming machines allowed per establishment. 12-23-96 - 8 - Mr. Randy Haynes, 2555 Shadow Lane, stated he is Manager of the Holiday Inn. He characterized gaming as a very small part of their business, with only four machines in their facility. He stated that, while it is a small part, he feels it is also important that they retain the flexibility to add one or two machines at some time in the future if they determine it is . warranted. He then encouraged the Commission to not adopt this ordinance as proposed. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. Commissioner Youngman noted that the purpose of this ordinance is to expand the existing moratorium to include the number of gaming machines in each existing establishment. She stressed that public input received, with the exception of those representing the gambling industry, has consistently encouraged limiting the number of machines allowed, particularly in businesses located in the downtown and other commercial areas. She noted that expansion of the moratorium is designed to allow staff an opportunity to study the issue and the Commission time to act on that recommendation. She stated that the City has already imposed restrictions more stringent than the State on a variety of issues, including the pending action on locations of casinos. She also noted that it is important to address all elements of the issue . while studying it, to ensure that the current code does not cause unintended negative side effects. Commissioner Youngman stated that when the original gaming laws were written, it was anticipated only one or two machines would be allowed per establishment, except for casinos. She noted that over time, the number of machines has gradually increased, however, and she feels it is now time to develop a definition and limitation which fits the community and reflects the public input received during the public hearing in February. Commissioner Stiff stated he has problems with adopting the proposed ordinance, particularly since the City Attorney has reported that no increase in applications for new gaming machines has occurred. He forwarded his position that public supply and demand will ultimately control the number of gaming machines in the community. He concluded by stating . that the State should remain in control of this element of gambling operations in Montana. Commissioner Rudberg stated her concurrence with Commissioner Stiff's comments, noting that local governments should not control the number of machines but should allow the State to do so. She indicated that she does support controlling the location of casinos through the zoning regulations, but not the number of gaming machines. 12-23-96 .. n____.___. __._______._.._n___.....__. ... - 9 - Mayor Stueck stated there seems to be widespread community support for the proposed control of casinos through zoning, to ensure that Main Street does not become a "casino haven". He then expressed concern that this proposed ordinance would prohibit the temporary addition of gaming machines for special events, such as bowling tournaments. He also . stressed the importance of not interfering with how small businesses operate. He characterized the number of gaming machines as an issue that should remain at the State level. He cautioned those in the audience, however, that the number of gaming machines will probably be discussed again during the public hearings on the zone code amendment pertaining to casinos, which are scheduled in January and February. He concluded by stating he cannot support adoption of this proposed ordinance. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that Ordinance No. 1435, an emergency zoning ordinance revising Section 18.04.350 of the Bozeman Municipal Code, the definition of "casino", not be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No being Commissioner Youngman. . ProDosal from Clair Daines for donation of parcel for Darkland - adiacent to Gallaqator Trail at Alderson Condominiums Included in the Commissioners' packets was a memo from City Attorney Luwe, dated December 18, 1996, along with a copy of the letter from Nicklin Earth and Water, Inc., dated December 17, 1996. City Attorney Luwe reviewed his memo, reminding the Commission that in 1995, Mr. Daines proposed the donation of property along the linear trail in exchange for impact fee credits. At that time, since the City was just starting its exploration into impact fees and because of concerns about environmental issues, the offer was declined and a recommendation forwarded to Mr. Daines that he consider a conservation easement. He stated that at this time, . Mr. Daines is once again proposing to donate the subject property to the City. In conjunction with that offer, he has forwarded copies of the appraisal and the report regarding contamination, as prepared by Envirocon for Mr. Daines. He noted that staff looked at that report and, because of the recent experiences at the Bozeman Solvent Site, staff asked Nicklin 12-23-96 -.-----.----..------.---...---.. ----- ..----.---------- - 10 - Earth and Water to review that report. He noted that Mr. Nicklin has evaluated the Envirocon report and forwarded his evaluation, which is attached to the memo. The City Attorney reviewed the four options which he has identified in his memo, which include: (1) accepting the donation and assuming the potential risk associated with the . property; (2) requesting that Mr. Daines keep his offer open until next year and conduct a more comprehensive investigation of the property; (3) request that Mr. Daines grant a conservation easement in lieu of this proposed donation; and (4) decline the donation. He strongly encouraged the Commission to not follow Option No.1, but to consider one of the other three. Mr. Clair Daines showed the Commissioners copies of the appraisal and the assessment completed by Envirocon in 1991. He then distributed copies of a map showing the subject parcel and a schematic for possible development of the site which shows that 76 dwelling units could be constructed. He characterized Envirocon as one of the most capable environmental consultants and clean-up firms in the State. He characterized their report as adequate, stating that to conduct a more comprehensive assessment to ensure there is no contamination on the site would cost another $100,000. He recognized the City's hesitance to accept a parcel . where contamination may exist, particularly in light of the Bozeman Solvent Site; however, he feels exposure from this site would be very limited. Mr. Daines stated that the property currently remains in its natural state, and is widely used by the public. He noted that some of those uses are a detraction to the neighborhood and by dedicating it as public parkland, it could essentially remain in its natural state, but cleaned up and the undesired activities curtailed. He stated that removal of the deteriorated ice house and the chain link fence would also enhance the area. Mr. Daines noted that one alternative to using this property as parkland would be to construct a housing project on it, such as a senior housing development. He characterized this as a viable alternative, although possibly not the most desired alternative. . Responding to Commissioner Stiff, Mr. Daines stated that he has worked with Chris Boyd, Gallatin Valley Land Trust, on the possibility of a conservation easement on the subject parcel; however, the tax write-off would be marginal at best. He stated that the write-off he would realize from donating the subject two acres would help to offset the tax burden he is encountering for this calendar year. 12-23-96 ---------- - 11 - Responding to Commissioner Youngman, Mr. Daines stated he would not rule out keeping this offer open into next year, although his preference would to be take advantage of the tax break this year. He then stressed that the Envirocon report does not show that the City would be accepting any significant liability, noting that time cleanses the types of chemicals . which have been identified on this site. Mr. Don Weaver, 2404 Spring Creek Drive, noted that he is a member of the Recreation and Parks Advisory Board. He characterized this portion of the old Milwaukee Railroad right-of- way as an important asset to the Gallagator Trail, which is a part of the "Main Street to the Mountains" trail concept. He forwarded his strong interest in the City's acceptance of this donation, noting that he encouraged Mr. Daines to offer this parcel once again. Mr. Weaver reviewed the history of this subject 2 + -acre parcel, noting it was part of the railroad right-of-way from Bozeman to Salesville (now Gallatin Gateway). He stated that, while the railroad was electric, steam engines also ran on the railroad line. He recognized that during that time, oil was dumped on the subject property; however, he suggested that time has pretty well mitigated any problems arising from that contamination. He acknowledged that the . Bozeman Solvent Site has graphically demonstrated the costs involved in a clean-up project; however, he suggested that such problems should not be encountered on this parcel. He concluded by encouraging the City to accept this offer. Mr. Ken Bryson, 716 South Black Avenue, stated he is a neighbor to the subject parcel, and is a former Chair of the Recreation and Parks Advisory Board. He encouraged the Commission to acquire this triangular parcel as parkland, suggesting that it remain in a primitive state and used as an area for hikers, observing birds, and a place for the "occasional pair of lovers" . Mr. Bryson stated he has lived at this address since 1957, and has viewed this triangular piece of property as a valuable asset to the community, as a supplement to the Gallagator Trail. He concluded by encouraging the Commission to accept this donation. . Responding to Commissioner Rudberg, Mayor Stueck stated that acceptance of this parcel as parkland does not necessarily mean that it must be improved. He stated that he would like to see the site cleaned up and more trees planted if it is acquired for parkland, but he feels it is important to keep it in a natural state. 12-23-96 - 12 - Commissioner Rudberg voiced her frustration over the need to consider all potential liabilities, rather than simply being able to accept a sincere offer. Commissioner Stiff noted it has been five decades since the subject property was used as a roundhouse for trains. He further noted that the City has passed up other opportunities . for acquisition of this parcel, and he feels it is important for the City to accept this offer rather than being faced with the potential of buying it at some time in the future. He suggested that use of the site should be limited. Responding to Mayor Stueck, Neighborhood Coordinator/Grantsperson James Goehrung stated he has reviewed both reports; however, he does not have the technical background to provide a response to the findings of those reports. He noted, instead, his role in this process was to assist a citizen in forwarding a proposal through the appropriate City channels. City Attorney Luwe stated the environmental assessment indicates there are petroleum- based products on the site. He cautioned that the use of some of the facilities on the site is uncertain, and Mr. Nicklin's report forwarded concerns that the testing was incomplete because it did not include all types of contaminants. . Mayor Stueck recognized the City Attorney's concerns, noting that the City's recent experience with the Bozeman Solvent Site has made everyone wary. He stated, however, in this instance, he feels it would be appropriate to accept the donation, provided the land is to remain in open space and the soil not disturbed. Commissioner Youngman noted that, because of water movement, environmental contamination is probably more appropriately considered for surrounding parcels than for this specific parcel. She acknowledged that contamination formerly existed on the site; however, she noted there is no documentation indicating that those contaminants included extremely hazardous chemicals. She stated that, given the data, staff has given the Commission the right advice, but she feels the legal exposure is limited enough to warrant accepting the offer. She . recognized that this parcel would be an asset to the community. Mayor Stueck stated that, because of potential liabilities, he has concerns about acquisition of this parcel. He recognized, however, that by accepting this donation, the City can help to clean up the area and eliminate some of the undesirable elements that exist. He further noted that, since it is contiguous to the Gallagator Trail, it could be an asset to those 12-23-96 .- ------- ---.--- .....-.----......- ---.---.-..- . - 13 - who use the trail system. He suggested that, because of the benefits that would be realized, it would be appropriate for the City to accept this donation. It was moved by Commissioner Stiff, seconded by Commissioner Youngman, that the Commission accept Mr. Clair Daines' offer for donation of the subject parcel, adjacent to the . Gallagator Trail at Alderson Condominiums, as parkland. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Authorize City Manager to sign - Annexation Aareement between City and John F. Brunton. Trustee for the Laura May Brunton Living Trust - 9.9-acre parcel located in the NE~. SW~. Section 1. T2S. R5E. MPM (south side of 1200 block of West Oak Street) Commission Resolution No. 3157 - annexing 9.9-acre tract located in the NEY4. SW~ . Section 1. T2S. R5E. MPM (south side of 1200 block of West Oak Street) . COMMISSION RESOLUTION NO. 3157 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN A TRACT OF LAND CONTIGUOUS TO SAID CITY, TO BE KNOWN AS THE BRUNTON ANNEXATION (AND FORMERLY REFERRED TO AS THE BRUNTON ANNEXATION REQUEST) AND HEREIN MORE PARTICULARLY DESCRIBED. Authorize City Manager to sic;Jn - Memorandum of Understanding between U.S. Department of Agriculture Forest Service. State of Montana Department of Natural Resources and Conservation. and the City of Bozeman - coordinated approach to planning in the Bozeman Creek/Mount Ellis resource manaaement area It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No . vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. 12-23-96 - 14 - (1 ) Minutes of the Bozeman Beautification Advisory Board meeting held on November 20, 1996. (2) Copy of a memorandum from Andy Epple, Planning Director, to member of the Design Review Committee, notifying them of an informal meeting on December 24 at 10:00 . a.m. in the Commission Room in lieu of a formal DRC meeting. (3) Notice of no public County Commission meeting on December 24. (4) The City Manager submitted his weekly report, as follows. (1) Noted that snow removal operations are in full swing, in light of recent snowfalls. (2) Attended the 9-1-1 administrative board meeting last week. (3) Met with the City Judge last week to discuss her operations and the budget for next fiscal year. (4) Met with the Firefighters' Association for a general discussion. (5) Stated that he and several department heads participated in presentations to Leadership Bozeman last week. (6) Stated that all of the department heads met on Friday to review the draft update of the personnel manual, and will undertake a similar session within the next couple of weeks to complete the review. (7) Rang the bell for the Salvation Army for two hours on Saturday. . (5) City Attorney Luwe stated that he will place a copy of the Montana Supreme Court's decision on the Yankowski case in the Commissioners' mailboxes as soon as he receives it. Executive Session re litiaation At 4:45 p.m., Mayor Stueck declared that, pursuant to Section 2-3-203(4), M:C.A., he, as presiding officer, is closing the meeting for the purpose of discussing litigation issues pertaining to the Bozeman Solvent Site. Ms. Gail Schontzler, reporter for the Bozeman Daily Chronicle, expressed her concern about closing the meeting to discuss litigation. She recognized that the law allows for closure of an open meeting for this purpose; however, she feels the public would be better served if . the discussion were conducted in open session. Mayor Stueck assured Ms. Schontzler that no decisions will be made during this executive session, but that any decisions resulting from this discussion will be placed on an upcoming agenda. 12-23-96 - 15 - At 4:50 p.m., Mayor Stueck called an executive session for the purpose of discussing litigation issues and requested that all persons except the Commissioners, City Manager, City Attorney, consulting attorney O'Connell and the Clerk leave the room. At 5:25 p.m., Mayor Stueck closed the executive session and reconvened the open . meeting. Adjournment - 5:25 D,m, There being no further business to come before the Commission at this time, it was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. ( S) o-ry L~~ DON E. STUECK, Mayor . ATTEST: ~~~ R BIN L. SULLIVAN Clerk of the Commission . 12-23-96