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HomeMy WebLinkAbout1989-10-10 i i j" i MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA October 10, 1989 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 10, 1989, at 1 :00 p.m. Present were Mayor Stiff, Com- missioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - October 2 It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the minutes for the regular meeting of October 2, 1989 be approved as amended. The mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrun9 and Mayor Stiff; those voting No, none. Re ort from Recreation Advisor Board re ac uisition of Lot 2, Block 1, and Lot 13, Block 6, ardner Park u division City Manager Wysocki presented to the Commission a memo from the Recreation Ad- visory Board concerning the proposed acquisition of Lot 2, Block 1, and Lot 13, Block 6 in the Gardner Park Subdivision. He noted the Recreation Advisory Board has indicated it feels the price is too high for parkland, attaching facts and figures to substantiate that position. The City Manager then suggested that the two lots, which are not adjacent to each other but which are adjacent to the existing County parkland, could possibly be acquired for public purposes at this time and possibly sold at some later date, when sewer lines have been extended to the area. He noted that the principal of the delinquent taxes on the lots is approximately $900.00 per lot; and there are annual RID payments of $126 per lot through 1998, and maintenance costs of $75 per lot forever. City Manager Wysocki stated the Recreation Advisory Board approached various people in the subdivision to see if it would be possible to redistribute the costs for road maintenance and the fire district among the other homeowners in the association; however, they did not receive a positive response. Mayor Stiff asked why the City would be interested; the City Manager responded the County is not actively seeking parkland at this time. 10-10-89 ----~- _0.."; 'j -i. f f - 2 - Mayor Stiff stated support for the Recreation Advisory Board's recommendation. Commissioner Vant Hull stated she does not feel the City should accept the annual maintenance costs if it accepts the offer to acquire these lots. She indicated she feels the property owners in the subdivision should be asked to bear these additional maintenance costs in exchange for the City's accepting these lots as parkland. She suggested the City could then pay the back taxes on the parcels, noting that once they are in the City's name, they would be removed from the tax rolls. City Manager Wysocki asked the Commissioners if they would accept ownership of the lots if the present owners paid the back taxes. Commissioner Martel stated he feels acquiring these lots would be a poor invest- ment, reminding the Commission of its $25,000 lot near the water tank. He further noted the City is not in the real estate business. The Commissioner stated that park monies are short; and parks within the city limits need improvement. He indicated he sees no reason to expand the City's holdings beyond the city boundaries, even though there may be a po- tential for resale some day. Commissioner Goehrung noted that the new master plan emphasizes green space. He noted that, although the parcel is outside city limits at the present time, it could be in- cluded in the future. He suggested that the Commission should possibly acquire the lots if some creative method of decreasing the costs to the City is found. City Manager Wysocki stated the 8i-acre County-owned park area is quite heavily wooded, as is one of the two lots which is under consideration. He then indicated that because of the nature of the parkland, he does not anticipate that it will be developed to any extent. Commissioner Vant Hull noted that if the lots were purchased for public purposes rather than as parkland, the General Fund would be the source of funding; the City Man- ager concurred. Commissioner Hawks noted that, unless the area incurs groundwater problems, he does not anticipate that any City services would be extended in the near future because of the associated costs. He then suggested that when service is extended, it may be on a minimal basis to keep the costs as low as possible. He questioned whether there might be any other driving force to cause extension of services. City Manager Wysocki stated that when the area south of Spring Meadows Subdivi- sion and north of the Gardner Park Subdivision begins to develop, that will cause the City services to be extended in a southerly direction. The City Manager then stated that, although he concurs with the Recreation Advi- sory Board's recommendation, he felt the Commission should consider other alternatives as well. 10-10-89 ~-~----- -'-' i . ; , - 3 - Commissioner Hawks stated support for Commissioner Goehrung's position, noting that if the Recreation Advisory Board could negotiate a decreased cost to the City, he would consider it. Commissioner Vant Hull suggested it would be more appropriate for the Commission to inquire into that possibility, noting the Board has already pursued that issue once. It was moved by Commissioner Vant Hull that the Commission reject the offer to ac- quire Lot 2, Block 1, and Lot 13, Block 6, Gardner Park Subdivision, as presently con- stituted, including the annual maintenance costs for roads and the fire district; and in- struct staff to write a letter to the homeowners' association asking that, if they would like a guarantee that those lots would remain as parkland, they consider absorbing the annual maintenance costs and the remaining RID assessments; and the City bear the costs of the back taxes, if the penalties and interest are waived. The motion died for lack of a sec- ond. It was moved by Commissioner Martel, seconded by Commissioner Hawks, that the Commission reject acquisition of Lot 2, Block 1, and Lot 13, Block 6, Gardner Park Subdi- vision as set forth, and as recommended by the Recreation Advisory Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Hawks and Mayor Stiff; those voting No being Commissioner Goehrung and Commissioner Vant Hull. Commissioner Martel stated he does not feel the City should expend Genera' Fund monies to acquire additional land outside the city boundaries adjacent to County parkland. Commissioner Goehrung stated he needs more information on possible creative fi- nancing before making a decision on whether the City should consider acquisition of the lots. Mayor Stiff stated he does not feel it is appropriate for the City to speculate in land outside the city limits. He also stated he is not sure it is appropriate for the City to approach the homeowners' association and ask them to absorb the $150 in annual mainte- nance costs so the City can obtain ownership. The Mayor stated he feels acquisition of these parcels would be more viable to the County than to the City. He then stated he knows one of the current owners; and he does not believe that party would agree to pay the back taxes plus penalty and interest so the City could acquire ownership. Commissioner Hawks stated he supports seeking additional information prior to mak- ing a determination on whether City acquisition of these lots would be in the best interests of the area or the community. Commissioner Vant Hull noted the monies for acquisition of these two lots might come from the Parkland Trust Fund if it was determined that the lots were parkland. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that 10-10-89 i y . - 4 - the Commission direct the staff to contact the homeowners' association and let them know the City is interested in acquiring the subject lots if an acceptable creative method of ad- dressing the maintenance and RID costs is devised. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks and Commissioner Vant Hull; those voting No being Commissioner Martel and Mayor Stiff. Update re planning review process - Andy Epple, Planning Director <"~ City Manager Wysocki stated that Planning Director Epple is present to submit an update on the planning review process. Planning Director Andy Epple stated he has been drafting the ad hoc implementation committee's response and comments to the draft master plan and capital improvement plan, based on the comments received and discussion at last week's committee meeting. He in- dicated that assimilation of those diverse comments, and logical compilation thereof into a concise, clear document, has been a challenge. He noted that the final draft will be pre- pared for distribution to the committee at tomorrow morning's meeting, for review and ap- proval prior to sending to the consultant. The Planning Director stated that the comments forwarded at this time are extremely critical because they are the basis for the next draft of the master plan and capital im- provement plan, upon which the public hearing will be conducted. He further noted this is the last step which the consultant must take to fulfill the contract; and the City will be responsible for conducting the public hearings and finalizing the documents. Planning Director Epple stated that the contract with BRW has been extended to cover the time needed to complete the processes set forth in the contract. The Planning Director then encouraged all interested Commissioners to attend tomor- row's ad hoc implementation committee meeting. City Manager Wysocki noted the Commis- sioners have a conflict, since the Interagency Breakfast is being held at the same time. I n response to a question from Mayor Stiff, the Planning Director indicated the public hearing on the draft master plan before the City-County Planning Board has been scheduled for November. He indicated the City Commission and County Commission must conduct public hearings after that one. Following a brief discussion, the Commissioners concurred their public hearing should be held on December 4. The Mayor requested that staff find a larger meeting place and that the hearing be scheduled for that location rather than the Commission Room. Planning Director Epple reminded the Commission that an entire set of public hear- ings must be held on the zone code after the master plan process has been adopted. 10-10-89 ~ .~J':'~'~". .- ,.~" --~-- .'.-- . " , , - 5 - throu h I NTERCAP to su U City Manager Wysocki submitted to the Commission a memo, along with a letter from MSU President Tietz, requesting that the Commission consider sponsorship of a $50,000 loan application for INTERCAP monies. Mrs. Marilyn Wessel, Director of Communications at MSU, stated that a satellite earth station uplink has been long identified as a need in the field of telecommunications in Montana and at Montana State University; however, the cost was projected at $200,000 to $250,000. She stated that Alpha Lycacon Space Communications offered a gift of a satellite earth station uplink to the Board of Regents, who solicited proposals from each of the six university units as well as the community colleges. Following review of those proposals, MSU was chosen as the location for this satellite, based on its location and existing pro- duction faci Iities. Mrs. Wessel stated the satellite earth station uplink is a dish which can transmit as well as receive signals from satellites in orbit. These signals may be transmitted to other areas within the United States and the world. She stated that uplinks are often used for transmission of sports events, noting the rental costs average about $4,000 per day. She stated that downlinks can then pull that signal down and broadcast to viewers. S he noted other uses could be for broadcasting classes or conferences, noting the necessary equip- ment and personnel are available through the Television Center. Mrs. Wessel stated the estimated cost of installation and licensing is $46,000; and the University is now seeking a funding mechanism for those costs. She stated the I N- TERCAP program is not available to the University; however, the City could sponsor the appl ication. She stated the University would then make the payments on that loan through proceeds generated from rental of the satellite earth station uplink to other entities. Mrs. Marilyn Wessel stated she feels use of I NTERCAP monies is appropriate for this project, particularly when the economic development impact on the community is con- sidered. She noted that the possibilities for broadcasting from this area could attract con- ferences and news events not presently interested. Mr. Jack Hyppa, Associate Professor of Video Media and Theatre Arts at MSU, stated the satellite dish to be installed is a 5-meter dish, or approximately twice the size of those normally seen around town. He stated it will be installed on a concrete pad on the ground next to McCall Hall. Commissioner Vant Hull asked if approval of City sponsorship for this loan will re- sui t in a I iabi Iity to the City. Mayor Stiff stated he discussed that issue with Administrative Services Director Gamradt this morning and found that this loan would appear as a liability on the City's fi- 10-10-89 .....;.~;r+I~;~,. , . - 6 - nancial statements, since the City would be the entity actually applying for the loan. In response to a concern raised by Commissioner Vant Hull, Mrs. Wessel stated that MSU will ultimately assume responsibility for repayment of the loan through proceeds from use of the equipment, suggesting the attorneys for both entities could develop an agree- ment, with securities, which would result in the City and its taxpayers incurring no risk for repayment. Commissioner Martel asked if installation of this satellite earth station uplink will result in increased operational costs for KUSM. Mr. Hyppa responded there will be maintenance on the satellite; however, he does not anticipate that will be very extensive for the first few years. He then stated there is adequate trained staff to operate the uplink; and he does not anticipate any major increase in operational costs. Mr. Hyppa stated there are two uplinks in Idaho, one in Boise and one in Pocatello; however, there are no others in the immediate area. He indicated that rates must be es- tablished for use of the facility, stating those revenues will be used to repay the loan and help defray the costs incurred. He then stated he anticipates the system wi II be used, noting he has received usually one call per month asking if such a service were available. He noted that last summer, with the Yellowstone fires, he received calls on a daily basis. Mr. Hyppa then stated that if an entity utilizes the production' studio, as well as the uplink, a fee would be charged for use of the uplink as well as a fee for use of the studio. He further noted that the user must also acquire time on a satellite; and the costs vary from $150 to $3,000 per hour, depending on whether a domestic or international satel- lite is used, the amount of lead time provided and the amount of time available on the sat- ellite. In response to a question from Mayor Stiff, Mrs. Wessel indicated a designated ac- count will be established at the University for the satellite earth station uplink; and the monies generated from use of the facility will be credited to that account. She stated that monies from that account will then be transmitted to the City on whatever type basis is determined appropriate for repayment of the loan. In response to a question from Commissioner Vant Hull, Mrs. Wessel stated they an- ticipate that the installation and appropriate FAA licensing processes will be completed and the uplink in operation around the first of the year. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Commission approve City sponsorship of an application for a $50,000 loan through IN- TERCAP to support the MSU Satellite Earth Station Uplink project. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, 10-10-89 _' "",' :' ~~ I" 'i '.~ - t . - 7 - none. The Commission then directed the City Attorney to work with attorneys from Montana State University to develop an agreement which includes a method of security and provisions for repayment of the loan. B rea k - 2: 1 3 to 2: 22 p. m . Mayor Stiff declared a break from 2:13 p.m. to 2:22 p.m., in accordance with Com- mission policy established at their regular meeting of March 14, 1983. - Discussion - sidewalk liability City Manager Wysocki submitted to the Commission a copy of a letter dated August 23, 1989, concerning recent filing on an incident which occurred on a slippery sidewalk by the Medical Arts Center in February 1989. He then submitted copies of the letter from the Montana Municipal I nsurance Authority, dated June 1, 1989, noting this information was previously submitted to the Commission as an "FYI" item. City Attorney Becker quickly reviewed the information which has been submitted to the Commission. He noted that approximately a year ago, the Commission considered a proposed ordinance which would have made the owners of property adjacent to public properties liable for keeping the sidewalk in good order and repair. He noted there was not a full Commission present at that meeting; and the ordinance failed on a 2 to 2 vote. The Commission also directed that this issue be brought back before a full Commission. The City Attorney stated that subsequent to that action, the Montana Municipal In- surance Authority newsletter contained an article on the issue, then the letter dated June 1, 1989, was received. City Attorney Becker stated this is not an issue of strict liability, in which one must only prove damages, but rather is based on the "reasonable man" type of situation. He noted that under that concept, the question to be answered is whether the City should have known about the damaged sidewalk and whether something should have been done about it. He stated the issue of who is liable when a damaged piece of sidewalk has not been repaired, but the abutting property owner has been notified of the need to do so, has not yet been totally resolved. He then sugges.ted that a Supreme Court ruling may be necessary to resolve the issue. City Attorney Becker stated he feels the City is in a better liability situation if it adopts an ordinance placing liability on the abutting property owner to keep the sidewalk in good repair. Commissioner Hawks noted the letter from MMIA indicates the city may shift the liability for paying for repairs to the abutting property owner; however, it does not allow 10-10-89 ? , - 8 - the community to transfer the liability, through neglect to repair damages, to that prop- erty owner. The Commissioner then questioned placing liability on the property owner for improvements made in an abutting public right-of-way. He suggested that to require an abutting property owner to build or repair the sidewalk is one thing, but transfer of lia- bility is a much different concept. City Attorney Becker stated his position is different from that contained in the let- ter from MMIA. He further noted that he explained his position above. City Manager Wysocki noted that several years ago, the City followed a sidewalk maintenance program. He noted under that program, the City crews would mark those sections of sidewalk which required replacement. The abutting property owner was then given a specified period of time to complete the replacement on his own; and if not com- pleted in that length of time, the City contracted the work done and billed that cost back to the property owner. He stated that the City Attorney has suggested a similar process be followed under his proposal. In response to a question from Commissioner Martel, the City Attorney stated his proposal would make the abutting property owner jointly and severally liable, along with the City. He further noted that the property owner is to monitor the sidewalk, making repairs when needed, to minimize liability. Commissioner Martel noted that public sidewalk on public property is the issue be- ing discussed. He further noted that the Commission is responsible for the health, safety and welfare of the general public. He then stated the City must assume the risk and lia- bility for public properties; and sidewalks are some of those public properties. The Com- missioner then stated he concurs with the abutting property owner being responsible for the costs associated with repair of the sidewalk, but not the liability issue. City Attorney Becker stated that at the present time, the City makes the abutting property owner responsible for installation of the sidewalk and for snow removal. He not- ed that in addressing the incident cited in the August 23, 1989 letter, Gates--McDonald, the City's insurance carrier, noted those facts and determined the City was not legally re- sponSible and, consequently, passed the liability on to the abutting property owner. He stated that if the City had an ordinance placing responsibility for upkeep and maintenance of the sidewalk on the abutting property owner, a similar determination would be made on an incident involving a damaged sidewalk. The City Attorney then stated that attorneys and insurance carriers would be responsible for determining liability in each individual case. Commissioner Goehrung asked what the City's role would be in this program, and whether City crews would monitor and determine which sidewalks need replacing, like they did when the program was previously operated. He further asked if adoption of the 10-10-89 " - 9 - proposed ordinance would remove the City from all liability. City Attorney Becker stated it is not possible to totally remove the City from liabil- ity. He suggested, however, that the exposure could be reduced. Mayor Stiff stated he feels the proposed ordinance is consistent with the manner in which other aspects of the issue are handled. He noted the abutting property owner is financially responsible for initial installation of the sidewalk; and the property owner is also responsible for snow removal in the winter. He suggested it is natural that replace- ment and repair of the sidewalk be designated as the abutting property owner1s respon- sibility as well. The Mayor then stated that most homeowner's insurance policies cover liability for someone being injured on the sidewalk immediately j~e~ &of the property. He further noted that the '~sonable man" test will cause a prudent property owner to . /I " ensure that the sidewalk if! freRt of his residence is well maintained to avoid any liability problems. Commissioner Hawks stated opposition to adoption of this type of proposed ordi- nance. He suggested the snow removal ordinance was adopted to ensure the sidewalks would be cleared by the abutting property owner. He noted if that is not done, the City clears the sidewalk and bills those costs back to the property owner; and he feels the same process should be followed for ensuring repairs are done in a timely manner. He stated, however, that the method of assessment should not be confused with liability is- sues. Commissioner Hawks stated he feels the property owners within the city limits have some rights; and one of those is not worrying about whether a crack in the public side- walk could cause them financial ruin. He then stated he feels the City should assume its responsibility and move forward, rather than trying to relieve itself of that responsibility. City Attorney Becker raised the issue of someone leaving a marble on the public sidewalk, noting that is not much different from the issue of a break in the sidewalk. Commissioner Vant Hull stated it is possible that, by adoption of this proposed type of ordinance, the City could help property owners. She noted that, even though not stip- ulated, at the present time, both the City and abutting property owner assume some liabil- ity for injuries which may occur on the public sidewalk. She stated that representatives from different insurance companies have indicated that if the City adopts an ordinance placing some of the responsibility for liability on the property owner, the insurance compa- ny will automatically include a rider on the homeowner's policy, usually at no additional cost. Commissioner Vant Hull then suggested that the staff conduct a rather comprehen- sive survey of various insurance companies to determine if a majority of them would re- spond in the same manner as the few with which she is familiar. She noted, if the result 10-10-89 -- - -.-- ". . ., - 10 - is the same, she feels it would be in the community's best interests to adopt the proposed ordinance. City Manager Wysocki noted that, as with all insurance coverages, an insurance company will review claims in a particular area to determine if they fall within a reasonable range. He also cautioned an insurance company may not be able to assert that it does not anticipate a rate change for the additional coverage. Commissioner Martel stated he basically supports Commissioner Hawks' position con- cerning liability, except for that period of time between notification that a sidewalk must be repaired and the time of repair. He stated that during that period of time, the prop- erty owner should accept the liability. Commissioner Goehrung asked who is responsible if a sidewalk is defective and some- one trips on it, both at the present time and if an ordinance were in effect. City Attorney Becker stated that at the present time, the City would be liable. He noted if an ordinance were in place, the City would still be liable; however, the ordinance I would show that the property owner is responsible for repair of the sidewalk. He noted, however, that in either instance, the attorney for the plaintiff would probably cite as many defendants as possible. Commissioner Goehrung then asked what liability the City might assume in identify- ing problems in the city. The City Attorney responded the "reasonable man" test is a standard to be fol- lowed. He suggested that it may be beneficial to have a City employee be responsible for reviewing sidewalks and marking those which need repairs. Mayor Stiff noted that when the sidewalk replacement program was in effect several years ago, the City crews would "blue chalk" spider-webbed pieces of sidewalk. He then reiterated his position, stating he feels it is consistent. He then noted that at the present time, homeowners are either insured or self-insured, a decision made on Iy by themselves. He stated that to have the City lend its expertise in determining which sidewalks need re- pair or replacement would be beneficial for both the property owners and the City; and he feels this would create the best possible situation. Commissioner Hawks stated he supports maintenance of the public property; how- ever, it is public property and not private property. He indicated that he does not want to be personally liable for the public sidewalk in front of his property. Commissioner Martel asked if adoption of this type of proposed ordinance would place the City in a position of going before the Supreme Court to get a ruling on the issue. The City Attorney responded all major cities in the State have adopted ordinances similar to the one he had previously proposed. He noted all of those ordinances provide for joint responsibility for the public sidewalks. 10-10-89 .. , . ., - 11 - Commissioner Martel noted that adoption of this type of ordinance would not result in a decrease in the City's premiums for MMIA insurance coverage. Commissioner Martel then noted surprise that there is no ordinance on the books concerning repair of sidewalks at the present time. City Manager Wysocki responded the previous sidewalk program could have been op- erated under a policy statement rather than through an ordinance. City Attorney Becker stated the City has the authority to require that the property owner repair an abutting sidewalk. Mayor Stiff asked if the Commission would like this item brought back in ordinance form for consideration. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission authorize and direct the staff to prepare an ordinance spelling out the City's, as well as the abutting property owners', duties for maintenance of public side- walks. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No being Commissioner Hawks. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your 'nforma- tion" items. (1) Agenda for the City-County Planning Board meeting to be held on Thursday, October 12. (2) Letters of resignation from the Historic Preservation Advisory Commission submitted by Mikel Kallestad and Ellen Hilde. The Commission directed the Clerk of the Commission to advertise these vacancies as soon as possible. (3) A series of form letters signed by residents in the area about Mark Duffy's agricultural building. In response to a question from Commissioner Hawks, the City Manager noted these letters are addressed to the City Commission; and the staff has made no response. He further noted the City Attorney has responded to the residents in the area; and they are appealing his position to the City Commission. The City Manager suggested if the Commission wishes to address the issue, it should be made an agenda item on a future agenda. Mayor Stiff asked if the issue is strictly legal; the City Attorney responded he feels it is. He then reminded the Commissioner there are no building size limitations in the A-S zone; and the building is a conforming structure. 10-10-89 ... . , "i - 12 - The City Manager reminded the Commission that when an individual acquires a building permit, it is difficult to read his intent for that building. Commissioner Vant Hull expressed concern that the building is not being used for agricultural storage, but is vacant; the City Manager responded there is nothing wrong with the building being vacant. . A majority of the Commissioners, in turn, briefly stated their support for the City Attorney's position on this issue. Commissioner Hawks suggested it may be appropriate to ask the Mayor to send a letter indicating the Commission is in receipt of the letters and the City Attorney's opinion and that they support the City A ttorney's position. The Commissioners concurred. The Mayor asked the Clerk of the Commission to draft a letter, for review by the City Attorney prior to his signing, and that copies be distributed to the Commissioners. (4) The City Manager presented his weekly report, as follows. (1) A substan- tial amount of time has been spent in reviewing capital improvement requests. Hopefully, the final document will be presented to the Commission for consideration in the near fu- ture. (2) He attended the ad hoc implementation committee meeting on Wednesday morning. He noted the process is gaining momentum; and the committee is coming to conclusions which are different from his anticipations. (3) Representatives from the Police Department met with representatives from the fraternities and sororities last week to review the guidel ines for their activities. He noted that since the City started this process, the number of complaints about their activities have dropped dramatically. (4) The auction of Valley Unit Subdivision lots has been tentatively scheduled for November 15. He noted that, if possible, the lot in Graf's First Subdivision, Second Filing, which is located near the water tank, may be included in the sale. In response to a question from Commissioner Hawks, he stated that certain areas of the subdivision have been excluded from the sales through a contractual agreement with Mr. Delaney, which keeps him from interfering with the City's auctions. He noted that agreement will expire in early July of next year, after which time, lots in some of the other areas may be included in the sales. He then indi- cated that in the upcoming sale, the four 80-foot wide Technology--Research zoned lots immediately adjacent to U.S. Highway 191 wi II be auctioned, since the State Highway De- partment must acquire additional right-of-way along that portion of the highway in the near future. He stated a total of six or seven lots wi II be included in this auction, in an attempt to avoid the failure to sell all of the lots. I n response to a question from Com- missioner Martel, the City Manager indicated that Mandeville Auction Service appears to be the only auction service with a background in recent real estate sales; therefore, he would recommend that the City retain him for this auction as well. (5) In his absence next Mon- 10-10-89 '. , ~ ,"). - 13 - day, Director of Administrative Services Gamradt will conduct the afternoon session and City Attorney Becker will conduct the evening session of the Commission meeting. (6) The bandshell project is underway, wIth the contractor working on the inside when the weather is too inclement to work outside. (7) Fall programs are underway at the Swim Center. (8) The business inspection program is moving forward. The Fire Chief hopes to complete those inspections by December 1, just in time for the "retail blitzesll during the Christmas shopping season. (9) The auditors have completed their fieldwork and are preparing the audit report for submittal to the City by mid-November and a late November exit confer- ence. (10) Review of the Conditional Use Permit for Cindy Owings Designs was to be on today's agenda; however, the planner was unable to complete the necessary meetings with the applicant before this meeting. He noted this will be on next week's agenda for con- sideration. (11) Reminder of the Interagency Breakfast to be held at 7:00 a.m. Wednesday at the Baxter. (5) Commissioner Hawks asked if the building codes have been forwarded to the Historic Preservation Advisory Commission for review. The City Manager responded they have been, with a report to be submitted not later than October 12. (6) Commissioner Vant Hull noted the Commissioners have received copies of the City ordinance which allows drive-ins in the B-2 zone. She stated she feels this does not address the issue of the Pizza Hut on West Babcock Street, which is actually a pizza man- ufacturing and delivery facility. She then expressed concern that to allow this type of activity so close to the downtown area could compromise its integrity. The City Manager suggested this issue should be submitted to the ad hoc implemen- tation committee as a part of the zone code review process. ( 7) Commissioner Goehrung stated he met with Bill Pratt from the Montana Arts Council, Dennis Seibel and Ralph Johnson last Thursday. He noted that Bozeman and Missoula are setting precedent for arts assessments; and similar activities will be undertaken in Mi les City and Kal ispell next year. He then stated that the Cultural Affairs Advisory Committee will be submitting a report to the Commission within the next few weeks. (8) Commissioner Goehrung noted there is a fifth Monday this month, indicating his willingness to present a report on the workshop in Colorado at that time. Mayor Stiff asked' that a discussion of topics for the fifth Monday discussion be in- cluded on next week's agenda. (Jfv~ ,{ (9) Mayor Stiff stated he ftEts-'received a letter from Mr. Robert Roughton, Bozeman Friends of Rivas, along with a letter from the Mayor of Rivas, Nicaragua, re- sponding to the City's proclamation. He indicated copies will be distributed to the Com- missioners. ~Jv (y fY A'~ (10) Mayor Stiff stated he has received a letter from Mr. Ken Bingham, State of 10-10-89 " .. .. ". ....~ - 14 - Montana Department of Highways, indicating $30,000 will be available to assist in hiring a consultant to update the transportation plan. He noted the estimated cost of the update is $80,000. The Mayor then indicated copies will be distributed to the Commissioners. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. 16, It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission approve the Consent Items as listed, and authorize and direct the appro- priate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Com- missioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. of Lots 2, Block 1, and Lot 13, Mayor Stiff noted that not all of the items contained in the memo from the Recre- ation Advisory Board were addressed when this item was considered earlier. He then asked if the Commission wishes to address the remaining item now or if it should be brought back later. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission approve the Board's request to change its name to the Recreation and Parks Advisory Board. The motion carried by the following Aye and No vote: those vot- ing Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Com- missioner Martel and Mayor Stiff; those voting No, none. Adjournment - 3:45 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. 10-10-89