Planning and Development Committee Meeting, December 10, 2007

[Marta McAllister]

 

Proceedings of the Planning and Development Committee

School District No. 2, Yellowstone County

High School District No. 2, Yellowstone County

Billings, Montana

 

 

December 10, 2007

 

 

 

The Planning and Development Committee Meeting of School District No. 2, Yellowstone County, Montana, and the High School District, Yellowstone County, Montana was duly held at The Lincoln Center, 415 North 30th Street, Billings, Montana, Monday, December 10, 2007, at 5:30 p.m.

 

Those in attendance- Chair Sandra Mossman, Trustee Malcolm Goodrich, Executive Director of Elementary Education, Kathy Olson, Trustee Peter Gesuale, Dr. Sara Nyquist, Margaret Aukshun, Anne Barlow, Michael Iverson, Jim Majerus. Special guest in attendance was Billings Public Schools Attorney, Jeff Weldon.

 

Call to Order-

 

Pledge of Allegiance-

 

Communication from the Public- There were no comments from the public.

 

Approval of the February 22, 2007 minutes-

 

Trustee Goodrich moved to approve the minutes of February 22, 2007 and Dr. Sara Nyquist seconded the motion.

 

Those voting in favor of the motion were Malcolm Goodrich, Dr. Sara Nyquist, Margaret Aukshun, Anne Barlow, Michael Iverson, Jim Majerus, and Peter Gesuale. The motion passed unanimously.

 

Approval of May 31, 2007 minutes-

 

Trustee Goodrich moved to approve the minutes of May 31, 2007 and Dr. Sara Nyquist seconded the motion.

 

Those voting in favor of the motion were Malcolm Goodrich, Dr. Sara Nyquist, Margaret Aukshun, Anne Barlow, Michael Iverson, Jim Majerus, and Peter Gesuale. The motion passed unanimously.

 

Trustee Goodrich moved to approve the minutes for November 12, 2007 and Anne Barlow seconded the motion.

 

Those voting in favor were Malcolm Goodrich, Dr. Sara Nyquist, Margaret Aukshun, Anne Barlow, Michael Iverson, Jim Majerus, and Peter Gesuale. The motion passed unanimously.

 

Chair Mossman stated she hoped the packets that were distributed to the committee contained all the pertinent information that some committee members requested at the last meeting. She said the last meeting ended with questions about tabling and the administration wanted to clear up any concerns. She stated that the committee could meet, discuss and come up with a non-binding recommendation. The committee would then go to the board with their recommendation. She thanked the district administrators for their research to answer the committee’s questions.

 

Trustee Goodrich moved the committee recommend that the District make a purchase offer to the city for a suitable elementary site at the Cottonwood location for a sum not to exceed $200,000.00 and Dr. Sara Nyquist seconded the motion.

 

Discussion from the committee-

Trustee Gesuale commented there were many questions that had not been addressed. He said the 3 categories of questions were: The site, political and the school itself. He said although there had been a strong effort to answer the questions, many of them were still unaddressed such as; how a new school could serve the district. He stated the politics of their decision should not be a factor. He felt that the committee’s lack of traction in the past had brought forth a sense of emergency and there are 4000 students whose needs have not been addressed. He stated the committee should not make a recommendation until they have an answer they could legitimately support. He commented the Board should decide independently of what to do in lack of a comprehensive plan. Trustee Gesuale quoted a comment of Jack Copps in the minutes of April 2007. The quote read “Long-range planning is critical”. He stated the committee was to come up with a recommendation for the Cottonwood property last spring and the necessary groundwork had not been done.

 

Chair Mossman stated that the vote was only on the acquisition of the land.

 

Michael Iverson asked for confirmation that there were 6 months before the purchase had to be completed.

 

Jeff Weldon reported the District had been looking at the Cottonwood site since 2005. The option was exercised this past fall and there are six months from November 6, 2007 to close the transaction. He said there are many details to attend to within that time to be able to close on the transaction. He commented when the Forbes family, the City of Billings, Yellowstone County and Billings Public Schools came to a development agreement, the 40-acre tract on the north side of the property was the area that was under consideration. That portion did not have an access. The city encouraged the school to look at the 10-acre tract on the southeast corner due to easy access and less expensive. Superintendent Copps disagreed and wanted property further from traffic. The City would be the developer by Montana law therefore; they would have to pay for development costs. Tina Volek, the city administrator said in a written communication to the City Council, their option is to sub-divide or do a lot-line adjustment. If the city subdivides they would incur the majority of the costs.

 

Michael Iverson said he talked with Tina Volek and it was her opinion that the District would be responsible for the utilities and the streets. That amount was approximately 1.4 million dollars.

 

Jeff Weldon referred to information in the packet given to the City Council. He reported Tina Volek met with the City Council on December 3, 2007. In the information packet the document read; if the city subdivides the parcel to create a lot for School District 2, the city’s property owner would be responsible for the infrastructure costs. The city could pass the costs to the District by simply instituting a boundary change on the lot. He felt that was unlikely.

 

Michael Iverson asked Jeff to restate the 10-year stipulation for building a school at the Cottonwood site.

 

Jeff Weldon determined if a public school is not built on the designated property of 10 acres within 10 years following the Districts exercise of the option, the school must sell the property back to the city, and the city has to purchase it back for the original purchase price. The date of exercise would be November 6, 2007.

 

Michael Iverson stated that the District would not have as much time to decide on building a school if they purchased the Cottonwood property as there was with other properties that School District owned.

 

Dr. Sara Nyquist stated it was clear there was need for a school in that area and the Cottonwood site was a great piece of property for the District to purchase. She felt the committee needed to support the communities’ wishes. She polled doctors and her patients and they told her they were angry this decision was still in question.

 

Michael Iverson remarked the Planning and Development committee should deal with planning and development and not be concerned with the political implications but let the Board deal with those concerns.

 

Dr. Sara Nyquist retorted that she disagreed with Michael Iverson and stated as a committee, they can not work in isolation and they need to look at what is needed and what the community will support.

 

Margaret Aukshun echoed Sara’s comments. She felt the committee must look at the political implications as the support of the taxpayer is necessary in development planning. She said Cottonwood may not be the best location but it is a good location and would recommend the purchase.

 

Michael Iverson questioned the location of the school site on the property. He stated the property was near an irrigation ditch.

 

Jeff Weldon stated that it would be cheaper on the south side of the tract, but the site further from traffic was more desirable and he believed the city would take care of the irrigation ditch.

 

Trustee Goodrich asked Jeff Weldon to prepare contingencies to be considered before the purchase is completed.

 

Trustee Goodrich shared how the Chamber of Commerce voiced their concerns on the Board’s hesitation of the purchase of the Cottonwood site. He remarked the Chamber was instrumental in the passing of the levy May of 2007. He stated the conscious effort began November 2006. “Yes, For Kids” provided $25,000.00 for the last election. It was a combined effort that was successful and he said it is now December and a new levy had not been addressed. Discussion of a new levy would most likely be held off until November of 2008. He shared with the committee recent negative mail he received regarding the purchase. He stated that it would be disingenuous to say politics should not be considered. He reported he would be concerned if the committee was deciding on building a school right now, as that information had not been addressed. He was concerned about the “freight train aspect”, but he tried to make a conscious distinction of acquiring the property, and holding it as an asset, that can be liquidated if necessary once a decision was made. He remarked the voters approved the purchase overwhelmingly and believed the Chamber of Commerce was going to ask the District and the Planning and Development Committee to participate in a citywide planning group. He said he would vote for the acquisition subject to the contingency that it is a $200,000.00 purchase.

 

Dr. Sara Nyquist asked if there could be a statement to the public from the Planning and Development Committee explaining the process of the decision-making.

 

Jim Majerus commented that lack of action from the committee would not be a solution. He believed this was an opportunity to acquire land that is acceptable in all parameters. It is below market price, next to a park, and eventually needed.

 

Anne Barlow stated the kids were not going away and the caveats on the Cottonwood property should be appreciated.

 

Trustee Gesuale asked Malcolm what protection the District had to assure there would be legitimate roads and sidewalks’ leading to the school site, assuming the land was subdivided.

 

Jeff Weldon said the developer would have to meet with the requirements of the Montana Subdivision Act.

 

Trustee Gesuale voiced the Cottonwood property was not the best site and hoped there would not be a political price to pay later if a school was not built there. He felt it should be made clear to the public that the purchase did not guarantee a school.

 

Jeff Weldon stated the purchase agreement of the 10-year option with the committee:

If a school district exercises the option, but either elects within the 10-year period not to build a public school, at which time the city is notified the decision in writing, or does not manifest construction of a public school within the 10-year period, then the city must buy it back at the original purchase price.

 

Chair Mossman called for the question.

 

Trustee Goodrich restated the motion for approval.

Trustee Goodrich motioned to recommend to the Board, that the District make a purchase offer to the City, for a suitable elementary site at the Cottonwood location, for a sum not to exceed $200,000.00.

 

All those who voted in favor were Trustee Goodrich, Dr. Sara Nyquist, Margaret Aukshun, Anne Barlow, Michael Iverson, Trustee Gesuale, and Jim Majerus. The vote was unanimous.

 

Chair Mossman said the Budget Results Committee asked the Planning and Development Committee to switch meeting dates with them. She asked the committee if they would consider meeting at the first Monday of the month. All agreed to change the meeting date. The next scheduled meeting would be January 7th, 2008. She stated the new issue for discussion would be deferred maintenance. She noted all three committees would meet at the same time to get the Planning and Development Committee up to speed on the issues. She also commented the Chamber of Commerce will be having people from the committee involved in their committee planning.

 

As there was no further business the meeting was adjourned at 6:30. The next scheduled meeting will be January 7th at 5:30pm.

 

 

______________________

Sandra Mossman, Chair

 

______________________

Barb Gustafson, Recorder