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HomeMy WebLinkAbout1988-01-18 34 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA January 18, 1988 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, January 18, 1988, at 2:00 p.m. Present were Mayor Stiff, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager I Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes Mayor Stiff stated that he has some questions on one portion of the minutes and re- quested that action be deferred for a period of one week to allow him an opportunity to address the matter. Exit Conference for audit for Fiscal Year 1987 City Manager Wysocki stated that the Audit Committee met with the auditors this morning and received a presentation on the audit report for the fiscal year ended June 30, 1987. Mr. Pat Davison, senior audit manager, stated that the firm prepared the Comprehensive Annual Finance Report, which includes the audit report for the fiscal year ended June 30, 1987. He noted that the statements contained in the report are more comprehensive than those gener- ally prepared because of the City's certification through the Governmental Finance Officers' Asso- ciation. He noted that the City submitted its report and application for a third Certificate of Conformance prior to the December 31 deadline. He indicated that the benefits of the certificate are intangible; however, it is recognized in the financial community and can be beneficial when selling bonds. Mr. Davison stated the report consists of three parts, a letter of transmittal from man- agement, which provides an analysis of major events during the fiscal year; a review of the fi- I nancial statements and audit opinion; and the statistical section, which is unaudited and shows trends in various areas over the past ten years. He indicated that the auditors found no ma- terial weaknesses in the City's financial reporting and has issued an unqualified, or clean, opinion. Mr. Davison reviewed some of the footnotes to the financial statements, noting that they provide information on what is included in various numbers. He indicated that federal regula- tions have required more extensive disclosures in certain areas, such as investments and re- ti rement prog rams. He then stated that the Single Audit Act, which became effective two years ago, requires that specific information be included in a governmental audit; and those audit statements are included in a separate document. Pat Davison then reviewed the IlAuditors' Report on Internal Accounting Controls of the General Purpose Finance Statement Level," or what has commonly been referred to in the past as the "Management Letter." City Court. Due to the small number of employees in this department, the potential for compromise of internal control must be considered. Mr. Davison suggested that spot checks be done on various transactions on an unannounced basis to ensure that transactions are being prop- erly processed. Warrants Payable. This is a housekeeping item. The State law has been revised; and this item would clean the City's records in accordance with those revisions. Internal Service Funds Deficit. The two services, supplies and vehicle maintenance, which provide services to all other internal funds have incurred a deficit position because they I have not recovered all associated costs in past years. Mr. Davison noted that charges have been revised while taking costs into consideration; however, the deficit position still exists. He stated that the staff needs to review this item and determine which method of correcting the defi- cit position would be best for the City, noting that in the future, adequate revenues should be generated to cover costs. Water and Sewer Funds - Accounts Receivable. At the present time, the past-due amount on water and sewer bills is not split. This change would retain the split and make recon- 01-18-88 35 ciliation much easier. Mr. Davison noted that since the water and sewer funds are two separate and distinct funds, this split should be maintained. He stated this is simply a housekeeping item. Computer Controls. Mr. Davison noted that last year's management letter contained a number of comments on the electronic data processing area. He stated that they reviewed data processing, taking into consideration those comments, and found that the system has enough rea- I sonable controls to ensure that the information is being properly processed. He indicated that tremendous improvements have been made during the past year in enhancing the system; and the comment this year addresses the need for a written disaster recovery plan. He noted it is im- portant to have current tapes of the programs and data stored in an off-site location in the event of a disaster, such as fire, so that the City's records can be retained. Contributed Capital. Mr. Davison stated that capital items purchased with other than City funds are listed in this number. He noted the two major sources of revenue for these items are federal funds and special improvement district projects. He noted that at the present time, depreciation is recorded under retained earnings; and it would be more appropriately reflected in this line item. He indicated that when the change in accounting is made, it will have a one-time effect on the financial statements. Fund Equity and Reserve Levels. Mr. Davison stated there is no authoritative literature on what level of reserves should be maintained in a local government. He noted that some items to consider when determining an adequate fund level and reserves include (1) an amount suffi- cient to provide cash flow for operating needs through the year; (2) review of financing costs to determine whether monies for working capital are needed or if short-term borrowing is an alter- native; and (3) an amount perceived as being a prudent economic level by potential bond under- writers. Pat Davison stated it is important for the Commission to establish a policy on the level of reserves to be retained and to remain supportive of that policy. Mr. Davison stated that the auditors received cooperation from the City personnel, not- ing that the auditors held meetings at which they listed the schedules needed; and the City per- I sonnel generally completed those schedules in a timely manner. He then thanked the Commission for the opportunity to serve as the City's external auditors. Commissioner Hawks asked if there are standard guidelines for depreciation. Mr. Davison stated that there are guidelines on the lives of various types of equipment, along with guidelines for depreciation of those items. He noted, however, that there are no specific guidelines for funding of that depreciation. He then indicated that Administrative Ser- vices Director Gamradt has suggested the possibility of funding replacement of assets with lives of ten years or less from current operations and funding 15 to 20 percent of those with lives of ten years or longer from current operations, with the remainder to be funded through a bond issue. Mr. Davison stated support for that proposal, noting he feels it is realistic. Commissioner Martel noted that the management comments are prefaced with a disclaimer statement. Mr. Davison indicated that the firm was hired to conduct an audit of the financial state- ments, not of the internal controls. He noted that a review of internal controls is a part of auditing the financial statements; however, those controls are not audited. Commissioner Martel suggested that in a subsequent year, possibly a stronger focus could be placed on internal controls. Pat Davison suggested that if the City wishes an audit of internal controls, it be done as a separate audit. He indicated it is important that the same emphasis be placed on the vari- ous areas in an audit of the financial statements as has been done in the past to ensure an accu- rate report. I Commissioner Vant Hull asked if the auditors develop guidelines based on their review of the financial records. Mr. John Hedge, managing partner, stated that he was chairman of the Tax Committee for the Billings Chamber of Commerce; and they watchdogged the City's reserve levels. He noted that the City had established a policy that it would maintain reserves equal to 25 percent of its general fund operating budget. He stated that was higher than the 20 percent that the Chamber felt was adequate; however, the City did not waiver. He noted that about two weeks ago, the City of Bi lIings sold tax increment financing bonds at a favorable rate, largely due to its healthy reserves. Mr. Hedge stated it is important for a City to develop a plan for its re- 01-18-88 36 serves, and to stick to that plan. Commissioner Martel noted that the audit is dated November 30, but is just now being submitted to the Commission. Mr. Hedge stated that this 195-page report is the second largest produced by their of- fice. He noted that all of that material had to be typed into the word processor, which took a substantial amount of time. He then indicated that in the future, the report should be ready about 30 to 45 days after the field work has been finished; therefore, the report should be sub- I mitted to the Commission in late November. Mayor Stiff noted that this year's management letter is substantially shorter than last year's and congratulated the Finance Department staff for their efforts. City Manager Wysocki concurred in the Audit Committee's recommendation that the Com- mission acknowledge receipt of, and accept, the audit report as prepared by Peat, Marwick, Main and Company. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Com- mission acknowledge receipt of, and accept, the audit report for Fiscal Year 1987 as submitted by Peat, Marwick, Main and Company. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Com- missioner Goehrung and Mayor Stiff; those voting No, none. Letter of support for the North 19th Avenue interchange City Manager Wysocki presented to the Commission a draft letter indicating support for the North 19th Avenue interchange, as prepared by staff. He noted that this letter results from conversations with the Technical Advisory Committee as well as members of the State Highway Department, who indicate that the City should reaffirm its support for the project. He stated this letter accomplishes that, as well as asking for a preliminary engineering program on the project. The City Manager then stated that Policy Coordinating Committee chairman Jane Jelinski as well as members of the City staff will meet with one of the Highway Commission members later this week to discuss the issue. I Commissioner Vant Hull distributed to the Commissioners copies of a news article from the Billings Gazette concerning the Shilo interchange. She noted that Yellowstone County had earmarked $75,000 for the project, suggesting that the local governments here may wish to con- sider similar action. The Commissioner then noted that at a recent Zoning Commission or Plan- ning Board meeting, a question was raised about how much the North 19th Avenue interchange might hurt businesses located along North 7th Avenue. She stated that traffic projections were quoted which indicate that the third interchange will not have an adverse effect on the busi- nesses along North 7th Avenue, but would rather decrease the traffic enough that it will not be- come impassable. She then suggested that a sentence be added to the letter indicating that the third interchange would keep North 7th Avenue as a viable entrance to the community, which is important. City Manager Wysocki indicated the staff will review that issue and include it in the letter if deemed appropriate. Mayor Stiff noted that property owners in the area seem supportive of the North 19th Avenue interchange, and some of them have indicated an interest in providing the right-of-way necessary to accompl ish the project. Commissioner Martel suggested a few revisions in the wording of the letter, noting that the last sentence should suggest the project be completed as soon as possible, even though the City recognizes it will not be completed for a few years. City Manager Wysocki recommended that the Commission authorize the Mayor to sign the letter of support, as revised. I It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission authorize and direct the Mayor to send a letter of support for the North 19th Avenue interchange to the State of Montana Department of Highways. The motion carried by the fol- lowing Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Discussion - possible letter to the School District re funding and use of the swimming program City Manager Wysocki submitted to the Commission a memo from Recreation Superinten- 01-18-88 37 dent Sue Harkin, along with the various programs currently being provided to elementary school students. He noted that the School District has indicated a potential interest in eliminating this program; and suggested that the City should encourage them to consider retaining the program, possibly through alternative methods. He indicated the staff could prepare a letter for the Mayor's signature so that it could be submitted to the School Board prior to its meeting next week. I Recreation Superintendent Harkin stated that second, third and fifth grade students are included in the swimming program. She noted that the fifth grade classes are the most produc- tive, with the third grade being next. She indicated that the instructors are provided by the City, at a cost of $6,000 to the School District; and they incur an additional expense of $4,000 to bus the students to the pool. She then noted it would cost each student $10 if the School Board decided to retain the program but not provide the funding. Commissioner Hawks asked if retaining the fifth grade program would be an alternative. The Recreation Superintendent noted that could be an option; and it would save the School District a substantial amount of money. City Manager Wysocki stated he feels it is important to "waterproof" the students if pos- sible to avoid potential incidents. He also noted that it develops a skill that can be used for health, safety and as a sport. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission authorize and direct the Mayor to send a letter to the School Board encouraging them to retain the swimming program, along with its funding, for elementary school students. The mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Com- missioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. B rea k - 3: 32 to 3: 37 p. m . Mayor Stiff declared a break from 3:32 p.m. to 3:37 p.m., in accordance with Commis- I sion policy established at their regular meeting of March 14, 1983. Continued discussion - guidelines for ad hoc committee to review the business license ordinance City Manager Wysocki reminded the Commission that they had begun discussion on the composition of and guidelines for the ad hoc committee to review the business license ordinance at last week's meeting. He then submitted to the Commissioners an outline indicating the struc- ture, objectives and guidelines for the ad hoc committee, resulting from the sub-committee's meeting last week. Mayor Stiff stated that during the Audit Committee meeting, he asked the auditors if they would be willing to review the staff's figures on the costs associated with regulatory func- tions attached to business licenses; and they indicated that they would. He suggested that after the figures have been verified, they can then be submitted to the committee for their consider- ation. Commissioner Hawks stated he feels that Objective No. 5 is redundant because it is cov- ered under Objective No. 1 listed above. He also noted that establishing a separate fee for those businesses exempt under the State statute is not addressed. City Manager Wysocki indicated that inspection fees for businesses exempted under the State statute would be provided for in a separate section of the Code, not under the licensing portion. Commissioner Martel suggested that developing a comprehensive summary of regulatory services could become a rather large task. I The City Manager concurred; however, he noted that must be determined before costs can be attributed to the activity. Commissioner Vant Hull suggested that Objective No. 3 be more specific, noting that the Commissioners did complete a questionnaire prior to development of the proposed ordinance. The Commissioners concurred that it would be better for the committee to make its own determinations on the various items, rather than having the Commission's survey become an in- fluence. Commissioner Goehrung noted that the total amount of revenue to be generated could have an impact on the types of fees proposed by the committee. 01-18-88 38 Mr. Zac Zakovi expressed concern about the committee working on proposed revisions over an extended period of time and finding the Commission does not accept the proposals. He asked what assurance the committee has that the Commission will consider their work. Mayor Stiff stated the Commission has requested minority reports as well as the majority report so that a variety of viewpoints are offered. He further noted the Commission is commit- ted to addressing this issue. Commissioner Vant Hull noted that the action taken by the Commission must be politically I acceptable. Mr. Zakovi noted that the Commission has indicated that a certain amount of monies must be generated through the license fees and questioned what might happen if the committee decided that was an incorrect assumption. Commissioner Goehrung noted that the guidelines provide for monthly updates to the Com- mission. He noted if the Commission is aware of the issues, it may be able to provide guidance that will help avoid problems when the report is submitted in July. The Commissioners approved the outline, as revised to eliminate Objective No.5. Appointment of sub-committee to review Pledged Securities as of December 31, 1987 City Manager Wysocki reminded the Commission that the pledged securities must be re- viewed quarterly in accordance with State statute. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that Commis- sioner Martel and Commissioner Goehrung be appointed to review the pledged securities as of December 31, 1987. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Appointments to Board of Adjustment (3) Commissioner Hawks suggested that the format for appointments to the various boards and commissions be reviewed prior to beginning the appointment process. He then suggested I that the Commissioners utilize paper ballots, with each Commissioner voting for the number of positions open. He indicated that the names of those receiving the highest number of votes, as long as a majority of the Commissioners voted for the individual, would be listed. He stated in the event of a tie or not an adequate number of applicants receiving a majority vote, the Com- missioners would reballot under this procedure. The Commissioners concurred that this method might help expedite the process and agreed to try it. City Manager Wysocki indicated that a memo from Clerk of the Commission Sullivan, con- taining a listing of twelve applicants, was included in the Commissioners' packets. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Com- mission appoint Riney Bennett to replace Mike Powers, with a three-year term to expire on De- cember 31, 1990; Charlotte Trolinger to replace James Goehrung, with a term to expire on De- cember 31, 1988; and Bill Roller as the neWly-created sixth member position, with a two-year term to expi re on December 31, 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Com- missioner Goehrung and Mayor Stiff; those voting No, none. Discussion - rocess for develo ment of linear ossible determination of ublic hearin ate - City Manager Wysocki reminded the Commissioners that they have received copies of the Judge's findings, which lifted the injunction against the City; and the Commissioners should now I determine how they wish to proceed with the process. He noted the Commissioners do have two options: (1) to continue with the conditional use process, or (2) discontinue the conditional use process and submit an application to the Board of Adjustment. He stated that either process has specific advertising requirements which must be taken into consideration when setting the public hearing date. City Attorney Becker submitted to the Commission copies of Section 76-2-402, M.C.A., which provides that the City may propose to use public land contrary to local zoning regulations through a Board of Adjustment hearing. The board has no power to deny the proposed use, 01-18-88 39 but acts only to allow a public forum for comment under this section of the statute. The City Manager reminded the Commissioners that when the process to be followed was discussed before, the Commission made a conscious decision to go through the conditional use process to allow the public an opportunity for input. Commissioner Vant Hull stated she sees no need to continue with the conditional use pro- cess because she feels it has been shown to be a bad process through the injunction sought by I adjacent property owners. She indicated support for submitting an application to the Board of Adjustment to move the process forward. The Commissioner stated it is important to designate the linear park as a park as soon as possible so that complaints and concerns of neighbors and users can be addressed. City Attorney Becker stated the Commission is not required to follow the procedure which it has started. He noted in the Judge's opinion, he reviewed the record presented to the Court and does not find the challenge to have merit. He also indicated that the Judge has de- termined what the City has done to date is all right, even though the conditional use process. Commissioner Martel noted that the opponents who sought the injunction felt it was bet- ter to stop the process and refer it back to the Zoning Commission for reconsideration. He stated they were questioning the process and submittal, not the liability or desirability of the park. Commissioner Hawks asked if the Commission could make modifications in the guidelines for development of the park after a Board of Adjustment hearing. The City Attorney indicated that any modifications in the guidelines must be included in the application submitted to the Board of Adjustment. He then noted that if the conditional use process is continued, the Commission could modify conditions of approval after the public hearing is closed. City Manager Wysocki encouraged the Commission to continue the conditional use process for this application, rather than going through the Board of Adjustment. Commissioner Goehrung stated he is not aware of all of the concerns and issues which I have been raised to date and indicated he would be more comfortable if the Commission were to hold a public hearing to discuss those items prior to making a determination of which process to follow, in an attempt to avoid any future litigation. It was moved by Commissioner Vant Hull, seconded by Commissioner Hawks, that the Com- mission ask the Board of Adjustment to conduct a public hearing on the linear park proposal, with the Commission to then amend the park development plan prepared by Dick Pohl to ensure that the plan is as acceptable to those using the park as well as adjacent property owners as possible. The motion failed by the following Aye and No vote: those voting Aye being Commis- sioner Vant Hull; those voting No being Commissioner Hawks, Commissioner Goehrung, Commis- sioner Martel and Mayor Stiff. Commissioner Goehrung asked if completion of the conditional use process would preclude submittal of an application to the Board of Adjustment at a later time. He indicated that he wants to make sure that the City moves through the proper steps to complete this process. It was moved by Commissioner Martel that the Commission set the public hearing date for continuation of the Conditional Use Permit process for development of the proposed linear park. The motion fai led for lack of a second. Commissioner Hawks suggested that the Commission may wish to conduct a joint public hearing with the Board of Adjustment on this item. City Attorney Becker expressed concern about such a combined public hearing. He not- ed that the Board of Adjustment is not advisory to the Commission, nor does its decision come before the Commission. I Commissioner Martel suggested it may be best to refer the conditional use permit back to the Zoning Commission and allow it to come through the process once again. It was moved by Commissioner Goehrung that the Commission hold a public hearing on the proposal for development of the linear park, followed by a determination on whether to con- tinue the conditional use process or submit an application to the Board of Adjustment for their review. The motion fai led for lack of a second. Planning Director Andy Epple questioned the need to add another public hearing to the process. He then indicated it may be cleanest to continue with the conditional use process, not- ing that the Commission will probably hear the same complaints that were expressed at the Zon- 01-18-88 ~- 40 ing Commission meeting. It was moved by Commissioner Hawks, seconded by Commissioner Martel, that the Con- ditional Use Permit process be continued, with the public hearing to be held on Tuesday, Febru- ary 16,1988, at 7:00 p.m. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No being Commissioner Vant Hull. Recess - 5:09 p.m. I Mayor Sti ff recessed the meeti ng at 5: 09 p. m., to reconvene at 7: 00 p. m. for the pu r- pose of conducting the scheduled public hearing and completing the routine business items. Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7:00 p.m. for the purpose of conducting the sched- uled public hearing and completing the routine business items. This was the time and place set for the continued public hearing on the Conditional Use Permit requested by Lone Mountain Gymnastics, Inc., for James Caffrey to allow a gymnastics center to occupy an existing structure on Lots 1 through 5 and Lots 28 through 32, Block 104 of the Northern Pacific Addition to the City of Bozeman. The building is more commonly located at 810 North Wallace Avenue. Mayor Stiff opened the continued public hearing. Community Development/Zoning Specialist Dave Skelton presented the Staff Report. He noted that the subject structure is located on a 1. 23-acre site in an M-1, Commercial--Light Man- ufacturing, District. He indicated that other buildings and uses exist on the site as well as the one for which this application has been submitted. The Planner reminded the Commission that in September 1987, Lone Mountain Gymnastics I submitted a request for temporary approval to relocate its operation to the subject site while they pursued the conditional use process; and the Commission did approve that request subject to four conditions. Planner Skelton stated that during initial review of this application, the staff considered the entire site when determining parking and landscaping requirements. He indicated that since other uses do exist on the site, those requirements have been adjusted; and the revised condi- tions have been included in the packet for Commission consideration. The Planner noted that the applicant has indicated acceptance of the conditions recommended; and a majority of those items have been completed to date. Planner Dave Skelton stated that recent correspondence from Burlington Northern, Inc., indicates that the applicant has not received final approval of an assignment of Lease No. 204,393, for a portion of the subject site. He noted, however, that a representative of that company has indicated that the problem is simply one of logistics at this time. The Planner in- dicated that Carl Lehrkind originally leased the property in question; and the assignment to James Caffrey is currently in process. The Planner then indicated that the lease from Burling- ton Northern does provide that the company may terminate the lease upon 60-day notice. Mrs. Terri Wolfgram, President of Lone Mountain Gymnastics, Inc., stated that the sub- ject location is a good one for their operation. She then noted that this type of facility is not allowed under the current Zoning Code without going through the conditional use process. She suggested that the Commission may wish to ask the Planning Staff to review the various zones to I determine if one of those could accept this type of activity as a permitted use. Commissioner Hawks asked if there is any provision for contacting the City in the event that Burlington Northern terminates the lease and parking is no longer available. Planner Skelton stated that at this time there is not. He indicated it would be a matter of someone informing the City; and it would then become an enforcement problem. Commissioner Martel noted that extensive landscaping is being required along the north and west sides of the property and asked if that is a requirement in the M-1 District. Planner Skelton stated that landscaping and screening requirements are uniform through- 01-18-88 ~._- 41 out the community, regardless of the district. He noted that since there are no rear yard set- backs in the M-1 zone, landscaping is not required along that portion of the site. Mr. Jim Caffrey, owner of the subject property, stated that 70 percent of the immediate area is leased from Burlington Northern, and has been for years. He noted that Mr. Lehrkind has leased that portion under consideration since the early 1970's. He also indicated that many of the structures in the immediate area are located on the property that is being leased. I Commissioner Hawks asked if adding a condition to require that the applicant contact the City in the event that Burlington Northern terminates the lease would be acceptable. Mr. Caffrey stated he has no problem with adding that condition. City Manager Wysocki suggested that the Commission may wish to also add a provision that acceptable alternative parking could be provided if the lease is terminated. No one was present to speak in opposition to the requested Conditional Use Permit. Mayor Stiff closed the public hearing. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission waive the customary one-week waiting period. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commis- sioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Com- mission approve the Conditional Use Permit requested by Lone Mountain Gymnastics, Inc., for James Caffrey to allow a gymnastics center to occupy an existing structure on Lots 1 through 5 and Lots 28 through 32, Block 104 of the Northern Pacific Addition, subject to the following conditions: 1. That the site plan address the concerns of the City Engineer regarding an asphalt paving section, site drainage plan and elimination of bollards at the North Wallace entrance, and that it be reviewed by the City Engineer prior to final site plan approval; 2. That the applicant provide a waiver of protest to the creation of 5.1. D. IS to East Aspen Street prior to final site plan approval; I 3. That all structures and buildings be accurately located on the final site plan; 4. That the site plan comply with the landscaping requirements of Section 18.62.120 of the Zoning Code prior to final site plan approval; 5. That the site plan identify live vegetative ground cover, adequate land- scape irrigation system, striping for parking spaces and compact car sign- age details for review and approval by the Planning Staff prior to final site plan approval; 6. That the Conditional Use Permit will be valid only as long as adequate off- street parking is available; 7. That the applicant provide documentation of a lease agreement for use of Lots 1-5 and Lot 28, Block 104, Northern Pacific Addition to the City of Bozeman (Assignment of Lease No. 204,393) as off-street parking and of- fices, and that documented approval of the off-street parking lot by Bur- lington Northern, Inc., be submitted to the Planning Office prior to final site plan approval. The applicant must further provide documentation to the City in the event that Burlington Northern, Inc., exercises its option to terminate the lease. If the lease is terminated, the applicant must sub- mit an alternative parking plan for review and approval by the Planning Staff; 8. That exterior light fixtures for the parking lot be noted on the site plan, and exit lights and emergency lights be installed within the building prior to final site plan approval; 9. That the accurate floor plans of the gymnastics center be reviewed and approved by the City Fire Marshall prior to final site plan approval; I 10. That the developer enter into an Improvements Agreement with the City of Bozeman, and that a method of security equal to one and one-half (1 1/2) times the amount of the cost of the scheduled improvements and their in- stallation be submitted to the City of Bozeman prior to final site plan ap- proval. Detailed cost estimates, construction plans and methods of secur- ity shall be made a part of the Improvements Agreement; 11. That three copies of the final site plan containing all the conditions, cor- rections and modifications approved by the City Commission shall be sub- mitted for review and approved by the Planning Director within six months of the date of the City Commission approval and prior to the issuance of a bui Iding permit for the project. One signed copy shall be retained by the 01-18-88 -~"' 42 Building Department, one signed copy shall be retained by the Planning Director, and one signed copy shall be retained by the applicant; 12. That all on-site improvements (i.e., paving, landscaping, etc.) shall be completed within 18 months of City Commission approval of the Conditional Use Permit. The Conditional Use Permit shall be valid for a period of only 18 months following approval of the use. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all re- I quired conditions have been satisfied, the permit will be permanently re- newed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Appointments to Art Advisory Committee (2) City Manager Wysocki indicated that a memo from Clerk of the Commission Sullivan, con- taining a listing of four applicants, was included in the Commissioners' packets. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Com- mission reappoint Donna Shanahan with a three-year term to expire on December 31, 1990 and appoint Kathryn Helzer to replace James Goehrung with a term to expire on December 31, 1988 on the Art Advisory Committee. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commis- sioner Goehrung and Mayor Stiff; those voting No, none. Appointments to Cemetery Board (2) City Manager Wysocki indicated that a memo from Clerk of the Commission Sullivan, con- taining a listing of three applicants, was included in the Commissioners' packets. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission reappoint Alice Bradford and Norm Thurston to the Cemetery Board, with three-year terms to expire on December 31, 1990. The motion carried by the following Aye and No vote: I those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Appointments to Recreation Advisory Board (4) City Manager Wysocki indicated that a memo from Clerk of the Commission Sullivan, con- taining a listing of seven applicants, was included in the Commissioners' packets. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission reappoint Amanda Cater, appoint Bruce Colton to replace Jim Brown, appoint Larry Bailey to replace Gretchen Saboda, and appoint Lawrence P. (Larry) Pendleton to replace Ted Koterwas, all with two-year terms to expire December 31. 1989 on the Recreation Advisory Board. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Appointments to Zoning Commission (2) City Manager Wysocki indicated that a memo from Clerk of the Commission Sullivan, con- taining a listing of sixteen applicants, was included in the Commissioners' packets. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Com- mission reappoint Melvin P. Howe and Jeffrey K. Rupp to the Zoning Commission, with two-year terms to expire on December 31, 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, I Commissioner Martel and Mayor Stiff; those voting No, none. Ordinance No. 1249 - ri t e east side 0 ort treet and pital site) City Manager Wysocki presented Ordinance No. 1249, as reviewed by the City Attorney, entitled: 01-18-88 ~.-- 43 ORDINANCE NO. 1249 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, VACATING AND ABANDONING A 3-FOOT WIDE BY 42.63-FOOT LONG PORTION OF THE RIGHT-OF-WAY LOCATED ALONG THE EAST SIDE OF NORTH WILLSON AVENUE BETWEEN WEST LAMME STREET AND WEST BEALL STREET IN THE CITY OF BOZEMAN, MONTANA, AND PRESERVING PUBLIC EASEMENTS. The City Manager briefly reviewed the process that has been followed to date on this I item. He noted that the Commission conducted its public hearing on this request; and provi- sional adoption of this ordinance was approved at the November 2, 1987 meeting. He stated the subject right-of-way is located adjacent to the old hospital site; and this vacation is necessary as a part of the recently-approved preliminary plat for the site. He then indicated that the other processes have been completed, except for execution of two easements, one to allow the sidewalk to remain in its current location and one to allow the building roof overhang to remain as it was originally constructed. The City Manager then recommended that the Commission final- ly adopt Ordinance No. 1249, contingent upon satisfactory execution of the two easements. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Com- mission finally adopt Ordinance No. 1249, vacating a 3-foot by 42. 63-foot portion of the right- of-way located along the east side of North Willson Avenue between West Lamme Street and West Beall Street, contingent upon execution of the two easements. The motion carried by the fol- lowing Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Ordinance No. 1255 - Salary Ordinance for City Manager for Calendar Year 1988 City Manager Wysocki presented Ordinance No. 1255, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1255 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE CITY MANAGER OF THE CITY OF BOlE- I MAN AS REQU I RED BY LAW. The City Manager reminded the Commissioners that they had provisionally adopted this ordinance on January 4, 1988. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission finally adopt Ordinance No. 1255, establishing the City Manager's salary for Calendar Year 1988. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Authorize Call for Bids for two (2) police cars (CIP) City Manager Wysocki reminded the Commissioners that monies for the purchase of two police cars was included in the appropriation ordinance for the Capital Improvement Program. He then recommended that the Commission authorize the Call for Bids for these cars. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission authorize the Call for Bids for two new police cars, with bids to be opened on February 1,1988. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Discussion - FY I Items City Manager Wysocki presented to the Commission the following "For Your Information" I items. (1 ) A letter from Doris Fisher, Gallatin County Coroner, inviting the Commissioners to attend the Walk Away Award ceremony on behalf of Karen Ward, to be presented to her by the Attorney General on January 19. (2) Agenda to the Governmental Affairs Committee meeting to be held at noon on Janu- ary 18, 1988 at the GranTree Inn. Commissioner Hawks stated that he attended the meeting, noting few people attended; and little discussion was held on the ad hoc committee to review the business license ordinance. He then noted that the lobbying effort for 1988 was discussed and suggested that the City may 01-18-88 .."". 44 wish to work with the Chamber whenever possible on legislative items. The City Manager indicated that the Montana League of Cities and Towns will probably begin its legislative process in June, with the League membership taking action on suggested legislation at the annual meeting to be held in September. Commissioner Vant Hull noted that following the November election, City representatives and Alec Hansen from the League office have met with the legislators to discuss local government concerns. I (3) A copy of a news article from Kalispell indicating that the City does not use chem- icals on icy streets or snow, as submitted by Commissioner Martel. (4) A letter from Landoe, Brown, Planalp & Kommers indicating that Judge Lessley has scheduled a public hearing on Montana Power Company's petition for acquisition of water per- mits for February 29. (5) A memo concerning the mandated warning that the City's water supply may con- tain lead, indicating that the notice will be submitted with next month's water bill. He noted that attached to the memo are copies of water samples taken in various locations; and those test results indicate that the amount of lead in the City.s water supply is substantially lower, with the highest reading being less than half of that permitted under federal law. (6) The City Manager reminded the Commissioners of the dedication ceremonies for the Advanced Technology Park, to be held at 1:30 p.m. on Wednesday, January 20. (7) The City Manager reminded the Commissioners of the Chamber of Commerce dinner to be held at 7:00 p.m. on Wednesday, January 20. (8) The City Manager indicated that the Forest Service is conducting a meeting on possible sale of timber in the Gallatin forest at 7:00 p.m. on Thursday, January 21. (9 ) Commissioner Vant Hull noted that the County Attorney recently made a decision that any preliminary plat located outside the city limits need be acted on only by the County Commission, even if the property I ies within the City's three-mile jurisdictional area. She ex- pressed concern about that decision and suggested the City may wish to consider action to try to change it. I City Attorney Bruce Becker stated that he has a copy of a letter from Richard M. Weddle, Department of Commerce, dated June 13, 1979, that indicated the City has the authority to review preliminary plats within the jurisdictional area. He indicated that he will forward a copy of that letter to County Attorney Salvagni and ask him to reconsider his decision. The City Attorney indicated if that approach does not result in any change, he may then suggest that the two attorneys jointly seek an Attorney General's opinion. City Manager Wysocki suggested that the Commission could write a letter to the County Commission requesting them to retain the review format that has been followed in the past until this question has been resolved if they wish. (10) Commissioner Goehrung noted that on January 29, Governor Schwinden will make a special presentation to Francis Senska and Jessie Wilber. He then suggested that recognition from the City might also be appropriate. Mayor Stiff asked Commissioner Goehrung to draft a letter of recognition, for consider- ation at next week's meeting. ( 11 ) Mayor Stiff asked Commissioner Martel if he wishes to submit a report to the Com- mission concerning the NLC Congress of Cities held in Las Vegas in November. Commissioner Martel indicated he is still receiving requested information from that meet- ing, and is prepared to submit a report to the Commission at any time. (12 ) Commissioner Vant Hull stated that she had just received a letter from the Montana League of Cities and Towns notifying her that she has been appointed to replace Judy Mathre as the District 10 representative. She indicated that she will convey Commissioner concerns and I questions to the League whenever requested to do so. Orientation Session City Manager Wysocki suggested that this item be deferred until next week due to the late hour. Adjournment - 8:31 p.m. There being no further business to come before the Commission at this time, it was moved 01-18-88 45 by Commissioner Goehrung, seconded by Commissioner Hawks, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those vot i ng No, none. I ALFRED M. STIFF, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I I 01-18-88