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HomeMy WebLinkAbout1998-12-21 Minutes, City Commission - ----- _____.________u__ ... MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 21, 1998 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, December 21, 1998, at 3:00 p.m. Present were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Youngman was absent. The meeting was opened with the Pledge of Allegiance and a moment of silence. As a result of public comment, the Commission requested that the staff recommendation on the request to discontinue use of West Beall Street immediately west of North 10th Avenue be removed for discussion. Authorize absence of Commissioner Youngman from this meetina. in comDliance with Section . 7-3-4322121. M.C.A. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the absence of Commissioner Youngman from this meeting be authorized in compliance with Section 7-3-4322(2), M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Minutes - June 1. June 15. June 29. SeDtember 8. November 16. November 23. November 30. December 7 and December 14. 1998 It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the minutes of the meetings of November 16, November 23, November 30 and December 14, 1998, be approved as submitted. The motion carried by the following Aye and No vote: those . voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor St"iff; those voting No, none. Mayor Stiff deferred action on the minutes of the meetings of June 1, June 15, June 29, September 8 and December 7, 1998, to a later date. 12-21-98 .--.--.-.-..- --.----.---..-.. -_...._._~ . . - -.-. - 2 - Presentation of audit reDort for Fiscal Year 1997-1998 - VeltkamD. Stannebein and Bateson Mr. Bill Mills, Veltkamp, Stannebein and Bateson, presented to the Commission the audit report for Fiscal Year 1997-1998, as contained in the City of Bozeman, Montana, Comprehensive Annual Financial Report as of June 30, 1998. He noted the report is comprised . of four parts, the Introductory Section, the Financial Section, the Statistical Section and the Single-Audit Section. He noted that a copy of the City's fourteenth consecutive Certificate of Achievement for Excellence in Financial Reporting, for Fiscal Year 1997, is included in the Introductory Section, and that award can affect the bond rating. He characterized the audit report in the Financial Section as an unqualified opinion, which is the highest level of assurance. He noted that the information in Section III is required for the Comprehensive Annual Financial Report and provides statistical information about the City. He stated that Section IV contains the audits for federal awards, and that audit also contains an unqualified opinion. Mr. Mills noted that a separate Management Letter has been prepared and submitted to the Audit Committee; and copies of that letter will be forwarded to the Commissioners when they are available. He also noted that an in-depth look at the Swim Center operations and . internal controls was conducted this year, and a copy of that report will also be submitted to the Commission. Mr. Mills concluded by thanking the City staff for their cooperation. Conditional Use Permit - CTA Architects for Machinery Power & EauiDment Co. - allow construction of 12.000-sQuare-foot rental and service facility on Lot 2. Tract 3. Gardner Simmental Plaza (30 Deadman's Gulch) (2-98188) This was the time and place set for review of the Conditional Use Permit requested by CTA Architects for Machinery Power and Equipment Company, under Application No. 2-98188, to allow the construction of a 12,OOO-square-foot rental and service facility on Lot 2, Tract 3, Gardner Simmental Plaza. The subject property is more commonly located at 30 Deadman's Gulch. . It was moved by Commissioner Frost, seconded by Commissioner Smiley, that review of this Conditional Use Permit be continued to January 19, 1999, to give the City-County Planning Board an opportunity to conduct its public hearing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. 12-21-98 - 3 - Conditional Use Permit - Mack and Jacauie Anderson - to allow serving of alcoholic beveraaes in an existing restaurant on lot B. C.O.S. No. 1062 (laParrilla. 1533 West Babcock Street) (Z-98189) This was the time and place set for review of the Conditional Use Permit requested by Mack and Jacquie Anderson, under Application No. Z-98189, to allow the serving of alcoholic . beverages in an existing restaurant on lot B, Certificate of Survey No. 1062. The subject property is more commonly located at 1533 West Babcock Street and houses the laParrilla restaurant. Mayor Stiff opened and continued the review to the evening session. Conditional Use Permit - PeneloDe M. ThomDson - to allow serving of alcoholic beverages in an existina restaurant on lot 1. KBMN Subdivision (Grum's Deli. 21 07 North 7th Avenue) (Z-98190) This was the time and place set for review of the Conditional Use Permit requested by Penelope M. Thompson, under Application No. Z-98190, to allow the serving of alcoholic beverages in an existing restaurant on Lot 1, KBMN Subdivision. The subject property is more commonly located at 2107 North 7th Avenue and houses Grum's Deli. . Mayor Stiff opened and continued the review to the evening session. Presentations for Fiscal Year 1999-2000 budaeting process City Manager Johnson reminded the Commission that this time has been set aside for continued budget presentations for the upcoming fiscal year. Planning. Planning Director Andy Epple submitted a summary to the Commissioners, dated December 21. He characterized the proposed budget for Fiscal Year 2000 as a continuation of existing operations, with no significant changes. He noted that, with the current staffing level, it is anticipated both the master plan update and the transportation plan update can be completed while maintaining the current level of service. He recognized that $40,000 was budgeted last year for the transportation plan update, and suggested that this . year's budget could include $20,000 for an outreach program and publishing needs in conjunction with the master plan update and $20,000 could be budgeted for the update study for impact fees, resulting in no change in the operations portion of the budget. He noted that a new digital copier will be needed next year, to enhance his department's document production system. 12-21-98 - 4 - The Planning Director identified some unresolved issues entering Fiscal Year 2000, stressing that if the workload stays at or near current levels, his staff will be unable to assume any additional tasks or projects without additional resources. He also noted that, until the County makes a decision regarding zoning in the extraterritorial jurisdiction, the level of County . funding for this program is unknown. The Planning Director stated that, in light of fiscal constraints and CI-75, it may be time to evaluate the cost effectiveness of the Development Review Committee and Design Review Board, particularly because of the impacts they have on staff time for preparation of packets and doing minutes for those meetings. The Planning Director briefly reviewed how his office is meeting the City's overarching goals, noting that providing information to the community and seeking public input are key components in a number of the programs. He stressed that identifying future service demands and resources is a key component of planning. Commissioner Rudberg stated the County's contribution to the planning program must be carefully reviewed, to make sure that it is contributing in the appropriate percentage. . Responding to Questions from Commissioner Rudberg, the Planning Director stated that the County is not prepared to assume jurisdiction over the extraterritorial area on January 1, but he anticipates it will be ready to do so on July 1. He noted that the County regulation has been drafted and public comment sought, and the revised regulation must now be submitted to the County Commission for consideration. He noted that under the regulation, as drafted, the City-County Planning Board and staff would serve as advisory to the County Commission, in a process similar to the subdivision review process. Responding to Commissioner Rudberg, the Planning Director confirmed that a review of the impact fee program must be undertaken by March, and monies from the impact fees can be used to fund that review. Commissioner Rudberg stated she feels that cutting the Development Review Committee . from the process would be disastrous for both the community and clients, although she feels the Design Review Board could probably be eliminated. She also suggested that the newsletters could be eliminated, with an alternative for providing information to the public being utilized. 12-21-98 - 5 - Responding to Commissioner Smiley, the Planning Director estimated that 15 percent of the zoning projects are in the extraterritorial area. Commissioner Smiley stated that if both the Development Review Committee and the Design Review Board cannot be maintained, she would prefer to see the DRC retained. . Commissioner Frost stated he feels both boards are important, although he feels the ORB could possibly be streamlined. Planning Director Andy Epple noted that the proposed County regulation provides for administrative design review in the entryway corridors, and suggested that may be an alternative to consider for the City. Responding to concerns raised by Mayor Stiff, the Planning Director stated he is tracking the time spent on projects in the extraterritorial area so he has a basis upon which to seek County support for the zoning program. Street Maintenance. Included in the Commissioners' packets was information from Street/Sanitation Superintendent Roger Sicz on each of the next several budget units. He noted that the summary sheets for each budget unit will assist during this discussion. He also . indicated that he has provided a sheet for each budget unit on which the Commissioners may comment on their priorities and possible performance measures, and asked that the Commissioners provide their input within the next few weeks. The Street/Sanitation Superintendent stated that he supports funding of the capital improvement program and a cost of living raise for all employees. He then indicated that it is important to identify performance measures to determine how successful each program is and how the program can be improved. He also noted that, through the development of a three- to five-year budgeting process, it will be easier to track and accommodate the needs of each program while improving the manner in which services are provided. Street/Sanitation Superintendent Sicz stated that there are nine full-time employees responsible for plowing and sanding the 134 miles, or 500 lane miles, of streets and alleys in . the community. He stated that, without more people and equipment, the level of service will decline as the community continues to grow. He then gave a brief overview of the proposed budget for the upcoming fiscal year, which includes a 3-percent increase in salaries, a 4-percent increase in operations and $85,446 for capital, as reflected in the capital improvement program. 12-21-98 - 6 - He stated that, while he supports the capital improvement program, at this rate, his department will never catch up on its capital needs. Gas Tax. Street/Sanitation Superintendent Roger Sicz stated that the amount of gas tax revenue has remained relatively unchanged for several years. He indicated that these monies . are mainly used to fund street improvement projects. Solid Waste Collection. Street/Sanitation Superintendent Sicz stated that 8.74 FTEs are funded through this budget. He noted that, with the combination automated collection and rear load collection systems, the City is averaging ten new accounts per week. The Superintendent stated that a 3-percent increase in salaries and a 4-percent increase in operations are proposed in next year's budget, and capital includes a new automated truck and containers. He indicated that the secretaries at the City Shop make random calls to those served by the City's garbage collection system in an effort to determine the level of satisfaction, and feedback forms are also available. Solid Waste Disposal. Street/Sanitation Superintendent Sicz stated that there are 7.65 FTEs in this budget unit, and they handle 41,500 tons of garbage per year. He noted that, . depending on the level at which recycling is operated, the landfill will last seven to nine years. He concluded by noting that a 3-percent increase in salaries and a 4-percent increase in operations are proposed for next year, with no capital items scheduled for purchase. Vehicle Maintenance. The Street/Sanitation Superintendent stated that two mechanics maintain the City's equipment, which means they are maintaining slightly more than the number of vehicles recommended per mechanic. He noted that they will undertake a preventive maintenance program on January 1, and recognized that will be a challenge with the current staffing level. He then indicated that a half-time waste oil attendant also works in this budget unit. Responding to Commissioner Rudberg, the Street/Sanitation Superintendent stated that with the wells which have been drilled along Bozeman Creek, the amount of time the crews . spend chopping ice from the creek has dramatically decreased. He recognized there are times when it is not possible to avoid ice chopping, but he noted that drilling more wells to decrease the need to chop ice may not be cost effective. Commissioner Rudberg stated she feels the Street Department does an excellent job, and she feels that those who insist on parking their cars on the street, particularly along snow 12-21-98 ----- ---- -------------..- -- - 7 - routes, should have their cars ticketed and towed. She then noted that in most communities, side streets are not plowed, and suggested that may be one option here. Commissioner Frost noted that some neighborhood streets have not been plowed this year, but the snow routes have been well maintained, and he feels that is appropriate. . Parks. Park Foreman Ron Dingman stated his department is comprised of five full-time employees and twelve seasonal employees who are responsible for 425 acres of turf grass, flowers, trees and irrigation systems. He stated that their duties also include maintaining two ponds, ice rinks, garbage collection in the parks, and restroom and building maintenance. He noted that, because of the difficulties they encounter in getting seasonal employees to begin work early enough and stay late enough in the fall, adding one more full-time position would be beneficial. The Park Foreman turned his attention to the operations portion of the budget, noting that most of the vehicles and equipment are old, and suggesting that a scheduled replacement program could result in less down time and reduced maintenance costs. He noted that the department purchased two new mowers this year, which should alleviate many problems. He . stated, however, that his department needs a new grass sweeper, to replace the one which has not functioned for a couple of years, and at least two trucks to replace old ones. He noted that the pup garbage truck also needs to be replaced or the system for collecting the garbage needs to be changed. The Park Foreman stated he feels that providing paved parking lots in the parks should be addressed, particularly since the City expects the public to pave its parking lots. He noted that paved parking areas would be safer and reduce maintenance, and would provide ADA compliance. Park Foreman Dingman proposed an increased level of maintenance in the parks used by the most people as well as an increased trail maintenance program be devised for those trails for which the City is responsible. He suggested, that to accomplish these increased levels . of service, maintenance of other parks could be reduced or contracted with adjacencies. He also noted that service clubs and volunteer groups may be willing to maintain the smaller parks and garden projects. The Park Foreman stressed that, with the existing staffing levels, his department works on a reactionary basis. He stated that, while his desire would be to ensure that every park has 12-21-98 ------------ ------- - -------------------- - 8 - clean restrooms, safe equipment, operating drinking fountains, benches and green grass, he recognizes that cannot be accomplished with the existing manpower and equipment and suggested the best alternative is to pursue quality rather than quantity. He also noted that, while the City should continue to accumulate parkland, it should not make a commitment to . develop that land. Park Foreman Dingman identified things to quit doing, including watering of flowers on Main Street and North 7th Avenue, mowing the school property on West Babcock Street, maintaining the little chunks of City property between street rights-of-way and private property along major thoroughfares, and renting out bleachers. The Park Foreman concluded by expressing his concern about turf in all the parks, and particularly the sports turf. He noted that all facilities have encountered a compaction problem and the aerator which was purchased last year is inadequate. He stated it only penetrates four inches deep, and a deep tine aeration system is needed. He also noted that, because of the compaction and a heavy thatch problem, the grass roots are very shallow. Responding to Commissioner Smiley, the Park Foreman estimated the cost of a tine . aerator at $25,000. He noted that this type of aeration system would increase water and fertilizer penetration and encourage the roots to grow deeper. He expressed concern that, in some cases, people have been killed by hitting their heads on a ballfield when they fall down because the ground is so compacted. He then indicated that some companies will contract to do the aeration work, and the preliminary estimates he has received for Kirk Park and the Recreation Complex are approximately $6,000 for each site. The Park Foreman noted that there are no restrooms available to the public in Southside Park at certain times because the building must be unlocked. He suggested that steps should be taken to make those facilities more disabled accessible, cautioning that to do so will be expensive. Commissioner Rudberg stated her support for having others assume responsibility for . maintaining the small pieces of City property around the community. She then suggested that community service workers or HRDC workers could possibly be used in the maintenance of the parks and trails, in conjunction with seniors through the Retired Seniors Volunteer Program. Park Foreman Dingman stated that using community service workers and HRDC workers is extremely difficult because of the amount of supervision required and the shortage of full- 12-21-98 - 9 - time staff. He also noted that the issues of workers' compensation and liability must be carefully considered. City Manager Johnson requested Commission guidance, particularly in light of the number of small parcels and the large acreage of parks in the community. He recognized that . the Park Department crews spend a lot of time roading the lawn mowers. He cautioned that the standard of care in all the parks will be less if the crews continue to maintain all of them; however, he also anticipates a significant response from the community if all of the "little corners" are not maintained. Park Superintendent Dingman stated he does not believe the public will accept responsibility for maintaining those parks which the City determines it will no longer maintain. He noted that maintenance of the natural parks and undeveloped parks could be reduced; however, he stated that they must be maintained at a level which complies with the City's weed ordinance. He also stressed the importance of ensuring that those areas do not become a fire hazard, which is one of the main reasons for mowing. Responding to Mayor Stiff, City Manager Johnson noted that a new aerator was just . funded for the Parks Department under the capital improvement program and new mowers are being purchased. He stated that the priority of the CIP list could be changed by the next Park Superintendent, and noted that five of the thirteen items on the list have been funded. He stressed that what has been funded reflects the previous Superintendent's priorities, and this budget unit was funded at essentially the same level as the other budget units in the capital improvement program. The City Manager suggested that, in light of CI-75, this may be one area in which the Commission could ask the community what level of service is desired, by placing a park maintenance district on the ballot. Commissioner Frost stated his support for maintaining the most used parks, noting that if the City continues to do minimal maintenance on all parks, it will appear the work is . continuing to be done properly. Park Superintendent Dingman stated that, with the support of the Commission and administration, he will change the manner in which parks are maintained. Parkland Trust Fund. Administrative Services Director Miral Gamradt stated that the only expenditure from this fund in the past fifteen years was $50,000 toward the purchase of Burke 12-21-98 ---------..-- - 10 - Park. He noted that the balance is $79,285, and the monies can be used for the acquisition and development of parkland. Forestry. Foreman Ryon Stover stated that the staffing level in his department is 2.77 FTEs, and they are responsible for maintaining 10,000 trees in the community. He noted the . largest planned expenditure in this budget unit is the cost share program, which has been well received by the community. He stated his support for the capital improvement program, characterizing it as necessary to maintain operations. He noted that next year's budget includes funding for a pickup truck to replace an old truck that "uses more oil than gas". He noted that, in a few years, a new brush chipper and a new bucket truck will be needed, to replace aging equipment. The Foreman stated that trimming is done on a systematic basis, rather than running around the community to address specific items. He also noted that the crews correct trees whenever possible and remove hazardous trees. He suggested that a better education program about planting trees could be undertaken. He indicated that one item which could be eliminated is driving around to pick up Christmas trees. He recognized that this is a fairly popular . program; however, he noted that the creation of several drop-off points could eliminate a lot of staff time in driving around. Responding to Commissioner Rudberg, the Forestry Foreman confirmed that as new trees are added, trees are removed or work is done on a tree, the information in the data base which was created in conjunction with the tree inventory is revised. Commissioner Frost stated his support for creating more drop off points for Christmas trees. Tree Maintenance. Administrative Services Director Gamradt stated there is $119,000 in this fund, $30,000 of which is earmarked for pest control. He noted that $34,000 in future capital items is also scheduled, leaving an unencumbered balance of $55,000 in the fund. He recommended that, because of CI-75, the City not change how this program is operated, to . ensure that future inflationary increases can be accommodated. Cemetery. Cemetery Foreman Tim Murphy stated the cemetery, which was formed 126 years ago, has expanded from 5 acres to 65 acres of developed cemetery land. He noted that the Park/Forestry/Cemetery Superintendent has retired and a one full-time position has been open since last spring, so the cemetery is being operated with two full-time people and some 12-21-98 ____ ______n - 11 - seasonal employees. He expressed concern that, unless the salary paid to the seasonals is increased next summer, he will have difficulty in filling those positions. The Foreman briefly highlighted some of the items to be covered in the operations budget next year, including the updating and printing of cemetery information booklets and . increased contracted services. He stated that, with the installation of a water meter at the cemetery, he anticipates the water bills for irrigation will go down. The Foreman stated his support for the capital improvement program, noting that next year's budget includes the purchase of a replacement lawn mower and the installation of a new hedge and fence along the boundary of the cemetery. He then indicated that two issues which may be impacted by CI-75 this year are adjusting the cemetery fees and the installation of a columbarium and setting of associated fees. The Cemetery Foreman stated that staff is undertaking the development of a centralized computer retrieval system, to make it easier for employees and the public to review cemetery records. He noted that at the present time, all records before 1946 are at City Hall; and access to those records is limited to hours when the office is open. He stated that the development . of new burial blocks will also be necessary within the next few years. He noted that there are currently 310 lots available for sale in the general area, and 80 to 90 lots are typically sold each year. Cemetery Perpetual Care Fund. Administrative Services Director Gamradt stated that this fund grows very slowly. He stressed that the monies cannot be spent; however, approximately $35,000 in interest is transferred into the General Fund each year to partially fund the cemetery operations. He noted that balance in this fund is currently $491,000. Acknowledae receivt of and concur in staff's recommendation to not discontinue use of that vortion of West Beall Street from the west side of North 10th Avenue to the east side of the allev between North 10th and North 11th Avenues City Manager Johnson noted that this item was listed under the Consent Items. He then . stated that staff's recommendation is to not close the street. Mrs. Grace McClurg, 303 North 10th Avenue, stated her support for leaving the street as it is, rather than closing it. She stated that her home is located adjacent to the street, and it has been much better since the street was opened. She noted that when it was closed, it was "nothing but a garbage disposal and place for kids to smoke pot". 12-21-98 - 12 - Commissioner Rudberg noted that in his petition to close the street, Dr. Hecht had proposed to grass and maintain the right-of-way, even though he would not own it. City Manager Johnson recommended that this item be moved to the January 4 agenda and that the petitioner be notified that it is on the agenda. . Consent Items City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3274 - certifYing delinquent assessments as of December 1. 1998. to County COMMISSION RESOLUTION NO. 3274 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL ASSESSMENT INSTALLMENTS DUE AND PAYABLE NOVEMBER 30, 1998, AND UNPAID AS OFTHAT DATE, DELINQUENT, PURSUANT TO SECTION 7-12-4183, MONTANA CODE ANNOTATED, AND AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE BOZEMAN MUNICIPAL CODE, AND DIRECTING THE DIRECTOR OF FINANCE TO CERTIFY THE SAME TO THE GALLA TIN COUNTY TREASURER FOR COLLECTION. Proclamation - "National Drunk and Druaged Drivina (3D) Prevention Month . 1998" - December 1998 Award bid - eauiDment storaae buildina at Landfill - Clearv Buildina COrDoration. Columbus. Montana - in the bid amount of $82.399.00: waive any informalities in the bids received (failure to list Montana contractor's license number) ApDroval of final Dlat for HiLand Minor Subdivision (subdivide 2.9182-acre Darcel known as Tract A. Amended Plat C-23-B. into two tracts) (located alona north side of East Main Street between Chamber of Commerce and Exxon) (P-9810) Authorize City Manager to sign - AcceDtance of Sanitary Sewer and Water Pioeline and Access Easement Agreement - Robert C. Pearson and Marcia A. Pearson and Farmhouse Partners--80zeman Limited Partnershio - across Lot 2. Minor Subdivision No. 162. and Lot 3. Minor Subdivision No. 162A (Comstock ADartments. Phase II) ExemDtion from subdivision review - East Nine COrDoration and Burnt Leather Ranch - realignment of common north/south lot line between Tract 2 and Tract 3. COS No. 10058 (to create west boundary of Bronken Park) . Authorize Mavor to sign - Findings of Fact and Order - amendments to conditions for Dreviouslv-aoDroved Dreliminarv Dlatfor Willowbrook Condominium Subdivision (subdivide 19.09 acres described as COS No. 1917 into 85 condominium lots) Award bid - The Bozeman Ponds (STPE Proiect 1299(61) - A-1 LandscaDing and Nurserv. Billings. Montana - in the bid amount of $206.001.50; continaent UDon review and aooroval by Montana DeDartment of Transoortation 12-21-98 u..__..____ ---.-. ---- . --. --- -------.-.--..--..-- - 13 - Commission Resolution No. 3275 - authorizing City' s DarticiDation in recertification in the Montana Certified Cities Program and desianating the Gallatin DeveloDment CorDoration as the sDonsorina oraanization COMMISSION RESOLUTION NO. 3275 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE CITY'S PARTICIPATION IN RECERTIFICATION . IN THE MONTANA CERTIFIED CITIES PROGRAM AND DESIGNATING THE GALLA TI N DEVELOPMENT CORPORATION AS THE SPONSORING ORGANIZATION. Commission Resolution No. 3276 - intent to revise the 1990 Bozeman Area Master Plan Uodate bv amendina Section 6 of the POST Plan to satisfy the statutory reauirements for eXDenditure of cash-in-lieu of Darkland funds COMMISSION RESOLUTION NO. 3276 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, STATING THE CITY'S INTENT TO REVISE THE 1990 BOZEMAN AREA MASTER PLAN UPDA TE BY AMENDING SECTION 6 OF THE 1997 PARKS, OPEN SPACE AND TRAILS (POST) PLAN, AN ADOPTED SUPPLEMENT TO THE 1990 BOZEMAN AREA MASTER PLAN UPDA TE, TO SATISFY THE STATUTORY REQUIREMENTS FOR THE EXPENDITURE OF CASH-IN-LIEU OF PARKLAND FUNDS. Building InsDection Division reDort for November 1998 Claims . It was moved by Commissioner Smiley, 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 Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Discussion re Dossible litiaation City Manager Johnson noted that this item was listed on the agenda as an executive session; however, he recognized that the Commission may choose to discuss it in open session. Responding to Commissioner Smiley, the City Manager stated that, after carefully . considering the various aspects of the city court system, he feels that a change to a municipal court, with a full-time judge, may be appropriate, beginning in January 2000. He noted that, since the position of City Judge will be up for election in 1999, it would be appropriate to make the change in the near future so the candidates are aware of the position for which they are running. He recognized that this will also result in the need to hire an additional staff person 12-21-98 -"". ._---,,- -- - 14 - to assume the Court Administrator duties. He then indicated his support for separating the City Judge and Court Administrator positions, recognizing there were valid reasons for combining them a few years ago. City Manager Johnson noted that in her letter dated November 18, Anne Watson, . attorney representing Judge Carlson, requests the Commission to correct the judicial salary for the City Judge. He stated that his salary recommendation for this year was $96 per day and, through calculation errors, he contacted her via letter prior to Commission action to inform her of the new salary. He noted the calculations in that letter were based on $96 per day for the 305 days she had been paid for last fiscal year, rather than the 260 days identified in the Bozeman Municipal Code. Commissioner Rudberg questioned how an employee can work 305 days in a year, particularly since there are 52 Saturdays and 52 Sundays in each year. City Attorney Luwe stated the Bozeman Municipal Code is specific in how to calculate the salary for the City Judge. He noted that the State law does not define a judicial day; however, he noted that the court must be open for all business on a judicial day. He stated . that under the Montana Code Annotated, the City Judge's salary is set by the City Commission; and the Commission may choose to set the salary at a level different from the City Manager's recommendation. Responding to Commissioner Frost, City Manager Johnson stated that, when writing salary letters to the group of employees who were previously in the mid-management group, he wrote to the City Judge because of the administrator portion of her salary, and that letter contained the calculation errors. He stated the error was brought to his attention when the paycheck did not match the information in his letter. Commissioner Frost characterized this as an issue of good faith and indicated that he can see her point of view. City Manager Johnson encouraged the Commissioners to recognize that payroll mistakes . do occur, and cited another instance in which an employee was overpaid and was required to repay those monies. Commissioner Rudberg characterized the issue as an error and not intentional, and indicated her support for the ordinance as adopted. 12-21-98 - 15 - Responding to Commissioner Rudberg, City Attorney Luwe stated that 260 days is the average number of work days in a calendar year. The City Manager noted that under the ordinance, as written, the daily rate is to be paid for those days when the City Judge presides over court, and that number could range from 0 . to 31 days in any given month. Commissioner Rudberg stated she will consider the Judge's salary during the next budgeting process. She also stressed the importance of separating the City Judge and Court Administrator positions. Commissioner Smiley indicated her support for separating the two positions as quickly as possible. Commissioner Frost expressed concern about where the City will find the monies to pay for a Judge, a Court Administrator and a Clerk of Court, particularly if all those positions are full-time. City Manager Johnson reminded the Commissioners that the City Judge has requested a response as soon as possible. . The Commissioners requested that this item be placed on the January 4 agenda. Recess - 5:40 p.m. Mayor Stiff declared a recess at 5:40 p.m., to reconvene at 7:00 p.m., for the purpose of completing the routine business items and conducting the scheduled public hearings. Reconvene - 7:00 D.m. Mayor Stiff reconvened the meeting at 7:00 p.m., for the purpose of completing the routine business items and conducting the scheduled public hearings. Conditional Use Permit (continued) - Mack and Jacauie Anderson - to allow serving of alcoholic . beverages in an existina restaurant on Lot B. C.O.S. No. 1062 (La Parrilla. 1533 West Babcock Street) (Z-98189) This was the time and place set for continued review of the Conditional Use Permit requested by Mack and Jacquie Anderson, under Application No. Z-98189, to allow the serving of alcoholic beverages in an existing restaurant on Lot B, Certificate of Survey No.1 062. The 12-21-98 ____m._..._." ..._ - 16 - subject property is more commonly located at 1533 West Babcock Street and houses the laParrilla restaurant. Assistant Planner Joni Killebrew presented the staff report. She stated that under this application, the laParrilla restaurant will be allowed to serve alcoholic beverages, including . beer, wine and pre-mixed margauritas. She noted that, in conjunction with this application. the applicants are to provide on-site improvements, including paving of the parking lot and drainage improvements. The Assistant Planner stated that staff has reviewed this application in light of the six criteria for consideration of conditional use permits, and the staff's comprehensive findings are contained in the written staff report. She noted that, based on that review, staff has forwarded a recommendation for approval, subject to fifteen conditions. She then indicated that the City-County Planning Board conducted the public hearing on this application at its December 1 meeting and, following the public hearing and consideration of the staff recommendations, the Planning Board concurred in the recommendation for approval. Mr. Mack Anderson, applicant, stressed it is his desire to provide the option of serving . beer, wine or pre-mixed margauritas with their meals, noting he is not interested in creating a bar atmosphere. He then stated that he has a petition containing over 1,000 signatures in support of this application. He concluded by indicating a willingness to accept the conditions recommended by the Planning Board. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the Conditional Use Permit requested by Mack and Jacquie Anderson, under Application No. Z-98189, to allow the serving of alcoholic beverages in an existing restaurant on lot B, Certificate of Survey No.1 062, subject to the following conditions: 1. The applicant shall supply the Planning Office with a copy of an easement, filed with the County Clerk and Recorder, from the adjoining property owners granting a 15-foot wide easement on the entire north side of the property prior to final site plan approval. . 2. A copy of the State Revenue Department Liquor License to serve alcoholic beverages at laParrilla shall be submitted to the Planning Office prior to the sale of alcoholic beverages. 3. The applicant shall obtain a City of Bozeman license to serve alcoholic beverages, and provide a copy to the Planning Office prior to the sale of alcoholic beverages. 12-21-98 n..._._._ .. --- -... - 17 - 4. The final site plan shall show the locations for, and include a detail of, a garbage enclosure for the dumpster. The garbage enclosure shall comply with the requirements of Section 18.50.035.0. 5. The final site plan shall show the location for, and include a detail of, a bike rack to provide adequate parking facilities for bicycle riding employees and customers, in compliance with the requirements of Section 18.50.035.R. . 6. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. 7. All of the special conditions placed on this Conditional Use Permit shall be binding upon the owner of the land, his successors, or assigns, and shall be agreed to in writing and recorded as such with the Gallatin County Clerk and Recorder's Office by the applicant prior to the issuance of any final site plan approval, or commencement of the use. The applicant shall consent to all of the conditions attached to this Conditional Use Permit in writing prior to commencement of the use. 8. The final site plan (FSP) shall be adequately dimensioned. 9. A Stormwater Orainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease and other pollutants from the stormwater runoff must be provided to, and approved by the City Engineer. The plan must demonstrate adequate site drainage by means of flow direction arrows and sufficient spot elevations, stormwater retention basin details, including basin sizing calculations, drainage area boundaries . and pond typical section and a stormwater maintenance plan. 10. Typical curb details (Le. raised, drop and pin-down curbs) and typical asphalt paving section detail shall be provided and approved by the City Engineer. Concrete curbing shall be provided around the new parking lot perimeter and landscape islands, excluding the outside perimeter of the fifteen (15) foot access drive to be paved. Curbing shall be adequately identified on the final site plan. 11. Applicant shall provide and file with the County Clerk and Recorder's Office executed waivers of right to protest the creation of SIOs for street improvements to West Babcock Street including paving, curb and gutter, sidewalk, and storm drainage facilities (unless currently filed with the property. ) The document filed shall specify that in the event SIOs are not utilized for the completion of these projects, the property owner shall agree to participate in an alternate financing method for the completion of said improvements of a fair share, proportionate basis as determined by square footage of the property, linear footage of the property, taxable valuation of the property or a combination thereof. . 12. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder). 13. Orive approach and public street intersection sight triangles shall be free of planting which at mature growth will obscure vision within the sight triangle. 14. The final site plan shall clearly identify all accesses to the site. 12-21-98 - 18 - 15. Handrails shall be installed on the steps and handicap ramp at the main entry to the building as required in the 1994 Edition of the Uniform Building Code and CABO/ANSa A 117 .1-1992. Inspection will be required when this work is completed prior to the Building Department signing off the approval form from the State of Montana Licensing Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner . Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Stiff; those voting No, none. Conditional Use Permit (continued) - Penelooe M. Thomoson - to allow serving of alcoholic beverages in an existing restaurant on Lot 1. KBMN Subdivision (Grum's Deli. 2107 North 7th Avenue) (Z-98190) This was the time and place set for continued review of the Conditional Use Permit requested by Penelope M. Thompson, under Application No. Z-98190, to allow the serving of alcoholic beverages in an existing restaurant on Lot 1, KBMN Subdivision. The subject property is more commonly located at 2107 North 7th Avenue and houses Grum's Deli. Assistant Planner Joni Killebrew presented the staff report. She stated that under this application, the restaurant will be allowed to serve alcoholic beverages under a cabaret license. She noted that staff has reviewed this application in light of the six criteria in the zone code, . and the staff's comprehensive findings are contained in the written staff report. She then stated that at its December 1 meeting, the City-County Planning Board conducted the public hearing on this application and, following that hearing, concurred in staff's recommendation for approval, subject to six conditions. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission approve the Conditional Use Permit requested by Penelope M. Thompson, under Application No. Z-98190, to allow the serving of alcoholic beverages in an existing restaurant on Lot 1, KBMN Subdivision, subject to the following conditions: 1. A copy of the State Revenue Department Liquor License to serve alcoholic beverages at Grum's Deli shall be submitted to the Planning Office prior to the sale of alcoholic beverages. 2. The applicant shall obtain a City of Bozeman license to serve alcoholic . beverages, and provide a copy to the Planning Office prior to the sale of alcoholic beverages. 3. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional Use Permit Procedure. 4. All of the special conditions placed on this conditional use permit shall be binding upon the owner of the land, his successors, or assigns, and shall be agreed to in writing and recorded as such with the Gallatin County 12-21-98 --. . -----. - 19 - Clerk and Recorder's Office by the applicant prior to the issuance of any final site plan approval, or commencement of the use. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. . Reauest for imDact fee credit as reauested by CMM PartnershiD - $47 .338.01 for oversizina of water line from 8-inch to 24-inch alona South 19th Avenue and from 8~inch to 12-inch alona Kaav Boulevard Included in the Commissioners' packets was a memo from Associate Planner Chris Saunders, dated December 2, forwarding the applicant's request for an impact fee credit for oversizing of water lines installed in conjunction with the Stadium Center Subdivision. Distributed to the Commissioners just prior to the meeting was a memo from Associate Planner Saunders, dated December 21, responding to Mr. Cook's assertion that the application has taken 142 days to process. Associate Planner Chris Saunders stated that oversizing of the water lines along Kagy Boulevard and South 19th Avenue is listed in the capital improvement program for water, and . this project has been completed in compliance with those improvements as described. He then indicated that his memo dated December 21 was prepared in response to questions raised during last week's agenda meeting. Responding to Commissioner Rudberg, the Associate Planner stated that under the original impact fee ordinance, an applicant could seek credits any time until the building permit is drawn. He noted that the ordinance has since been changed so that the impact fee credits must be requested in conjunction with submittal of the plans and specifications; however, this application is considered under the old rules because it was received prior to the effective date of the revisions. Further responding to Commissioner Rudberg, the Associate Planner stated that the application for impact fee credits was received on July 28, which is the date from which the . processing time must be calculated. He noted that the information submitted included invoices from suppliers, and staff was then required to calculate the oversizing costs from that information. He stressed that, while staff supports a cash credit for the principal amount of the oversizing, it does not support the payment of interest. 12-21-98 _. __._..___..________._ ___"..__. _.._u_ n_._ -----.--..--.-... - 20 - Mr. Gene Cook, applicant, stated he did not intend for his request for payment of interest to be blown out of proportion. He recognized that this is the first application of this type to be processed, and suggested that guidelines and procedures be established so that both staff and the applicant know what is anticipated for processing of this type of application. He . also encouraged the staff to develop a simplified method of handling this type of request. He then indicated that the amount of interest identified in his letter was incorrectly calculated, and should be closer to $2,500 than the $4,535.65 listed. He stressed that his request for payment of interest was only designed to get the City's attention, characterizing the amount of interest paid as minor when considered in light of the total costs for development of the subdivision. Responding to Commissioner Rudberg, Mr. Cook confirmed that, prior to construction of the improvements, he must retain an engineer, who provides a cost estimate for the improvements. He stated that he then asks his contractor to do the work; and the contractor typically completes the work at or under the engineer's estimate. Mr. Cook encouraged the Commissioners to recognize that, at the time he submitted this . request for impact fee credits, the City staff was extremely busy. He noted that they were in the middle of the South 19th Avenue widening project; yet, when they learned that he wanted to begin the water main installation within a week, they bent over backward to accommodate his project. He concluded to acknowledging the strides that have been made this past year in the various City departments, noting that the other builders and developers appreciate it as much as he does. Responding to Commissioner Rudberg, City Manager Johnson stated that the City would not have allowed Mr. Cook to install an 8-inch water main to serve his project because larger mains have been identified in the water facilities plan. Associate Planner Chris Saunders reminded the Commission that this impact fee credit request is for a cash payment, and that payment will be made from the Water Impact Fee Fund. . Commissioner Smiley stated her support for paying interest, even though the applicant has indicated that it is not necessary. Commissioner Rudberg asked Mr. Cook if he would be willing to accept interest for one- half of the 132 days between July 28 and December 7; Mr. Cook responded in the affirmative. Staff calculated the interest at $791.77, based on 9.25 percent interest for 66 days. 12-21-98 -----..-..- -- n_.. ___ -- --.-.... --..--.. - 21 - It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the request for impact fee credits, as submitted by CMM Partnership, for $47,338.01 for oversizing of the water line from 8-inch to 24-inch along South 19th Avenue and from 8-inch to 12-inch along Kagy Boulevard, plus interest in the amount of $791.77. The . motion failed by the following Aye and No vote: those voting Aye being Commissioner Smiley and Commissioner Rudberg; those voting No being Commissioner Frost and Mayor Stiff. It was moved by Commissioner Frost that the Commission approve the request for impact fee credits, as submitted by CMM Partnership, for $47,338.01 for oversizing of the water line from 8-inch to 24-inch along South 19th Avenue and from 8-inch to 12-inch along Kagy Boulevard. Mayor Stiff yielded the gavel to Commissioner Smiley for purposes of seconding the motion. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Rudberg and Commissioner Smiley; those voting No, none. Commissioner Smiley returned the gavel to Mayor Stiff. . Ordinance No. 1483 - amendina the zoning desianation from "AS" to "R-O" on 32.44 acres described as Tract 2A-1. COS No. 2029. situated in the NE%. Section 23. T2S. R5E. MPM (alona south side of Stucky Road. west of South 19th Avenue) Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1483, as approved by the City Attorney, entitled: ORDINANCE NO. 1483 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS BY AMENDING THE ZONING DESIGNATION FROM "AS" (AGRICULTURAL SUBURBAN) TO "R-O" (RESIDENTIAL--OFFICE) ON 32.444 ACRES DESCRIBED AS TRACT 2A-1, CERTIFICATE OF SURVEY NO. 2029, SITUATED IN THE NORTHEAST ONE-QUARTER OF SECTION 23, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONT ANA. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that . Ordinance No. 1483, amending the zoning designation from "AS., Agricultural Suburban, to "R-O", Residential--Office on 32.444 acres located along the south side of Stucky Road, west of South 19th Avenue, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Stiff; those voting No, none. 12-21-98 ...---- --- .~.. .--.. . .--...... ..- - 22 - Ordinance No. 1484 - amendina Section 10.32.030 of the Bozeman MuniciDal Code. to orohobit Darkina a vehicle in front of a mailbox or similar receotacle utilized for Dostal deliverv Included in the Commissioners' packets was a copy of Ordinance No. 1484, as approved by the City Attorney, entitled: ORDINANCE NO. 1484 . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A NEW SECTION 10.32.030.A.14. TO SAID CODE, PROVIDING A PROHIBITION AGAINST PARKING A VEHICLE IN FRONT OF A MAILBOX OR SIMILAR RECEPTACLE UTILIZED FOR POSTAL DELIVERY. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Ordinance No. 1484, prohibiting the parking of a vehicle in front of a mailbox or similar receptacle utilized for postal delivery, be provisionally adopted and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. . Renewal of Beer. Wine and Liauor Licenses for Calendar Year 1999 This was the time set for renewal of the Beer, Wine and Liquor Licenses for the Calendar Year 1999. A total of 15 applications have been received, along with the required fees. Included in the Commissioners' packets was a list of the establishments which have made application and paid the required fee, as follows: APPLICATIONS FOR BEER, WINE AND LIQUOR LICENSES CALENDAR YEAR 1999 APPLICANT BEER WINE LIQUOR TOTAL American Legion Club 225 East Main Street $ $ $ 500 $ 500 Boodles, Inc. 215 East Main Street 500 500 . Empire, Inc. dba Black Angus 520 West Mendenhall Street 500 500 Finch Foods, Inc. dba Heeb's East Main Food Farm 544 East Main Street 200 200 400 Gallatin Lounge Corporation dba Lucky Lil's 2401 West Main Street 500 500 12-21-98 - 23 - Little John's Bar 515 West Aspen Street 500 500 Mini Mart, Inc. dba Mini Mart #728 717 West College Street 200 200 400 Mini Mart, Inc. . dba Mini Mart #729 1 91 0 West Main Street 200 200 400 * * *Montana Molly Corporation dba Grape Expectations 27 South Willson Avenue 200 200 400 * * *Mumford Enterprises, Inc. dba O'Brien's 312 East Main Street 200 200 400 Safeway #289 901 West Main Street 200 200 400 Story Distributing dba 1-90 Exxon 1420 North 7th Avenue 200 200 400 Story Exxon 1211 East Main Street 200 200 400 The Bay, Inc. . dba Santa Fe Red's 1235 North 7th Avenue 500 500 Village Inn Pizza Parlor 806 North 7th Avenue 200 200 400 Total - 15 Applications $ 1.800 $ 1.800 $ 3.000 $ 6.600 *. .Contingent upon receipt of State license It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the renewal of Beer, Wine and liquor Licenses for Calendar Year 1999 for the various establishments as listed above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Continued Dublic hearina - Master Plan Amendment - City of Bozeman - amend Section 6 of the . Parks. Ooen Soace and Trails (POST) Plan to satisfy the statutory reauirements for the exoenditure of cash-in-lieu of Darkland funds (P-9829) This was the time and place set for the continued public hearing on the Master Plan Amendment, as requested by the City of Bozeman under Application No. P-9829, to amend Section 6 of the Parks. Open Space and Trails (POST) Plan to satisfy the statutory requirements for the expenditure of cash-in-lieu of parkland funds. 12-21-98 ..-- - 24- Mayor Stiff reopened the continued public hearing. Associate Planner Chris Saunders presented the staff report. He noted that this application has been reviewed under the master plan amendment process. He stated that, under these proposed amendments, revisions to the Parks, Open Space and Trails (POST) Plan will continue to . be processed as master plan amendments; however, a procedure is established for the modifications to or addition of individual park development plans. He then indicated that this text amendment will be considered by both the City Commission and the County Commission; however, park development plans will be considered by only the City Commission under this amendment. He stated that staff has considered this amendment in light of the four criteria contained in the 1990 Bozeman Area Master Plan Update, and the staff's comprehensive findings are contained in the written staff report. The Associate Planner stated that the City-County Planning Board considered this application at its October 20 meeting. Following that review, the Board requested additional changes, and those changes were considered at the December 1 meeting. He stated that, following the public hearing and consideration of the changes, the Board recommended approval of the amendment. . No one was present to speak in opposition to the proposed master plan amendment. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the Master Plan Amendment, as requested by the City of Bozeman under Application No. P-9829, to amend Section 6 of the Parks, Open Space and Trails (POST) Plan to satisfy the statutory requirements for the expenditure of cash-in-lieu of parkland funds. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Stiff; those voting No, none. Public hearina - budaet amendments for Fiscal Year 1997-1998 as result of final review and audit This was the time and place set for the public hearing on budget amendments to the Fiscal Year 1997-1998 budget resulting from the final review and audit. . Mayor Stiff opened the public hearing. Administrative Services Director Miral Gamradt noted that the proposed budget amendments have been forwarded to the Commission in his memo dated November 25. He stated that these amendments are needed to ensure that no specific budget units in the City's budget end the fiscal year with a negative balance. 12-21-98 - 25 - Responding to Questions from Commissioner Frost, the Administrative Services Director stressed that only spending authority is being transferred with these budget amendments; no monies are being transferred. No one was present to speak in opposition to the proposed budget amendments. . It was moved by Commissioner Frost. seconded by Commissioner Smiley. that the Commission approve the budget amendments for the Fiscal Year 1 997~ 1998 budget as forwarded in the memo dated November 25, 1998. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. AcceDtance of ComDrehensive Annual Financial ReDort for Fiscal Year 1997-1998 Mayor Stiff gave a report on the Audit Committee meeting held earlier today, noting that the committee was impressed with the presentation of the audit report as well as the internal controls report and the management letter. He then forwarded the Committee's unanimous recommendation for Commission acceptance of the report. He noted that the Committee also discussed the . auditors' request for an extension of the audit contract. at the same price of $27.970 for each of the next two years and, following discussion, forwarded a recommendation that the contract be extended for two years. Mayor Stiff yielded the gavel to Commissioner Smiley for the purpose of making the following motion: It was moved by Commissioner Stiff, seconded by Commissioner Rudberg, that the Commission acknowledge receipt of and accept the Comprehensive Annual Financial Report for Fiscal Year 199741998. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Rudberg, Commissioner Frost and Commissioner Smiley; those voting No, none. Commissioner Smiley returned the gavel to Mayor Stiff. Discussion - Commissioner Droiects . ( 1 ) Commissioner Smiley gave a brief report on the West Babcock Street meeting, which was attended by representatives from the City, the County and the homeowners. She noted that she, Commissioner Rudberg and City Manager Johnson attended on behalf of the City, and stated that she feels it was beneficial. 12-21-98 - 26 - Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Letter from Mary W. Gray, 1703 West Olive Street #13, dated December 10, . expressing concern about the ice on the sidewalk at the corner of North Willson Avenue and West Mendenhall Street. Commissioner Frost stated that he walked the sidewalk, and characterized it as an ice skating rink. Commissioner Smiley noted that the roof was redone this summer, and the problems that have resulted need to be addressed. City Manager Johnson indicated that he will ask the code enforcement officer to review the situation. (2) Letter from Marianne Grimm, 1120 West Babcock Street #5, expressing concern about the possibility of Farmers' Market no longer being held at Bogert Park. (3) Letter of resignation from the Recreation and Parks Advisory Board, as submitted by Mike Dawkins. . (4) Letter of resignation from the Bozeman Area Bicycle Advisory Board, as submitted by James Richard Scarce. (5) Minutes from the Bozeman area Bicycle Advisory Board meetings held on August 26 and September 23, 1998. (6) Minutes from the Parking Commission meetings held on August 13 and October 8, 1998. (7) Note from Charles Fritz indicating he is unable to accept his recent appointment to the Cemetery Board. (8) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, December 22, in the Commission Room. (9) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, . December 22, in the Commission Room. (1 Q) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, December 22, at the Courthouse. ( 11 ) Commissioner Frost indicated that he gave a presentation on City government to a class of fifth grade students. 12-21-98 -". ..--,.- ---- - 27 - (1 2) Commissioner Smiley stated that she attended an interesting meeting at the Museum of the Rockies. (13) Commissioner Rudberg submitted the following. (1) Noted that vacancies remain on some of the boards and requested that those positions be readvertised. (2) Stated her appreciation . for receiving the Bicycle Advisory Board and Parking Commission minutes. (3) Expressed her displeasure at the letters about the Farmers' Market. She then asked if the City receives any monies from the Farmers' Market for use of Bogert Park. (4) Asked if the new information booklet on animals is to be distributed with the issuance of licenses. She also suggested that the booklets be made available for distribution through the Humane Society and local veterinarians. (14) City Manager Johnson stated that the Montana Department of Transportation has decided on three levels of rest areas, noting that a sketch of the type to be constructed at Bozeman is posted on the wall. He characterized it as being very similar to the original plans for the rest area. (15) Assistant City Manager Ron Brey stated that the transportation plan consultant selection committee listed to seven hours of presentations on Monday and will select a firm tomorrow. . (16) City Attorney Luwe stated that he met with other City Attorneys in the Gallatin Valley last week to discuss CI-75 issues, and monthly meetings are now anticipated. Adjournment - 8:03 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Stiff; those voting No, none. ~/~~ ALF M. ~FF, ayor- . ATTEST: ~ .--~ . " - 1J:t:$:Y'.. . · R IN L. Sl-JQ.1V-A,N . -- Clerk of ttTe-€o~~ri -=-~~:::::-..::::... ~-~::':''::''- - - " -',~ -:~:/.<--:" , ............------- ..::. . . - ..: ":,... .".- ' 12-21-98