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HomeMy WebLinkAbout1983-09-12 287 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA September 12, 1983 ********************* The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, September 12, 1983, at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, Acting City Attorney Planalp and Clerk of the Commis- sion Sullivan. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Math re . The minutes of the regular meeting of September 6, 1983 were approved as corrected. Action on the minutes of the regular meetings of June 20, 1983 and August 22, 1983 was de- ferred for a period of one week. None of the Commissioners requested that any items listed under Consent Items be re- moved for discussion. Open bids - S.I.D. No. 615 - sanitary sewer, Burrup Annexation This was the time and place set for the opening of the bids for Special Improvement District No. 615, for the installation of a sanitary sewer in the Burrup Annexation. The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the bids for S.I.D. No. 615, for the installation of a sanitary sewer in the Burrup Annexation, be opened and read. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. I The following bids were then opened and read: Schedule I Schedule II Total Bid Engineer's Estimate $190,018.50 $ 36,400.00 $226,418.50 Barnard Construction Company I Inc. Bozeman, Montana 4390-A $249,113.00 $ $249,113.00 Bell a nd Associates, I nc. Helena, Montana 4262-A $ $ 29,900.00 $ 29,900.00 Empire Boring, Inc. Spokane, Washington 1723-B $ $ 46,800.00 $ 46,800.00 Johnston Excavating, I nc. Bozeman, Montana 2792-A $187,214.00 $ $187,214.00 Underground Utilities Bozeman, Montana 4108-A $193,729.00 $ 35,000.00 $228,729.00 White and McNeil Excavating, Inc. Bozeman, Montana 4766-A $177,885.00 $ $177,885.00 Willco Associates, Inc. I Draper, Utah 5764 $ $ 36,530.00 $ 36,530.00 Wi II iams B ros. Construction Lewistown, Montana 5626-A $249,858.00 $ $249,858.00 City Manager Evans recommended that the bids be referred to staff for review and a recommendation to be submitted at next week's meeting. He noted that Grande and Company, successful bidders on the bond sale for S.1. D. No. 615, have requested that the Commission 09-12-83 288 award the bid, contingent upon closing of the bond sale. Also, no costs are to be incurred until the City has received the monies from the bond sale. The City Manager stated this allows Grande and Company to proceed with the actual construction costs rather than estimated costs during the closing of the bond sale. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the bids be referred to staff for review and a recommendation to be submitted at next week's meet- I ing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Open bids - S. I. D. 632 - sewer, water and paving, Shawnee I ndustrial Park This was the time and place set for the opening of the bids for Special Improvement District No. 632, for the installation of the sewer, water and paving in the Shawnee Industrial Park. The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the bids for S.1. D. No. 632, for the installation of the sewer, water and paving in the Shawnee J ndustrial Park, be opened and read. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. The following bids were then opened and read: Schedule I Schedule II Total Bid Engineer's Estimate $ 20,013.25 $ 33,863.25 $ 53,876.50 Big Sky Paving Company, Inc. Bozeman, Montana 4384-A $ 22,229.48 $ 40,436.26 $ 62,665.74 Johnston Excavating, I nc. I Bozeman, Montana 2792-A $ 34,648.00 $ 43,327.00 $ 77,975.00 NOTE: If awarded SID Nos. 615 and 632, deduct $10,000.00 from Total Bid on SID No. 632. White and McNeil Excavating, Inc. Bozeman, Montana 4766-A $ 27,426.00 $ 43,268.00 $ 70,694.00 City Manager Evans recommended that the bids be referred to staff for a recommendation to be submitted at next week1s meeting. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the bids be referred to staff for review and a recommendation to be submitted at next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Decision - adoption of Revised Bozeman Area Master Plan This was the time and place set for the decision on the adoption of the Revised Bozeman Area Master Plan. City Manager Evans recommended that the Commission adopt the Revised Bozeman Area Master Plan. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the I Commission adopt the Revised Bozeman Area Master Plan as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Decision - Zone Code Amendment - U-Haul - allow mini-storage rental in the B-2 Zone This was the time and place set for the decision on the Zone Code Amendment requested by U-Haul to allow mini-storage rental units in the B-2 Zone. 09-12-83 289 City Manager Evans concurred in the Zoning Commission's recommendation for denial of the requested Zone Code Amendment. Commissioner Mathre stated there are several differences between commercial warehouses and mini-warehouses. She also noted the existing structure at U-Haul has good security measures at this time. She stated the general situation for the entire zone, however, must be considered I when reaching a decision on a Zone Code Amendment. Commissioner Anderson noted that the M-l and M-2 Districts are easily reached from any point in the city. She stated she feels it is not necessary to expand the potential areas for mini-storage units at this time. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commis- sion deny the Zone Code Amendment requested by U-Haul to allow mini-storage rental units in the B-2 Zone. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Decision - Conditional Use Permit - Jan Druckenmiller for Steven and Nancy Lindsey - allow a day care center on Lots 18-20, Block 3, Fairview Addition (402 South Third Avenue) This was the time and place set for the decision on the Conditional Use Permit requested by Jan Druckenmiller for Steven and Nancy Lindsey to allow a day care center on Lots 18-20, Block 3, Fairview Addition. This site is more commonly located at 402 South Third Avenue. City Manager Evans stated the Zoning Commission has recommended conditional approval of the Conditional Use Permit. The City Manager concurred in that recommendation. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the Conditional Use Permit requested by Jan Druckenmiller for Steven and Nancy Lindsey to allow a day care center on Lots 18-20, Block 3, Fairview Addition, more commonly located at 402 South Third Avenue, subject to the following conditions: I 1. Loading and unloading of children would take place on the east side of South Third Avenue and the south side of West Koch Street. Loading and unloading would be unacceptable on the west side of South Third Avenue. 2. It is preferable and suggested that the fencing to be installed is of a wood medium. Fence specifications will need to be shown on the final site plan. The fence should be a minimum of four feet in height. Additional fencing will be required on the northeast corner of the house. As is, the hedge at this location is an inadequate barrier. 3. If playground equipment is to be installed, it is required that it be placed within the fenced area. 4. If a sign is to be utilized, its detail must be illustrated on the final site plan. 5. The applicant shall enter into an improvements agreement with the City of Bozema n . If the day care center is to open prior to installation of the improvements (i.e. fencing), it must be secured by a method of security equal to H times the amount of the cost of scheduled improvements and their installation. 6. That three (3) copies of the final site plan containing all the conditions, corrections and modifications recommended and approved by the City Commis- sion shall be reviewed and approved by the Planning Director prior to the issuance of a permit for the project. One (1) signed copy shall be retained by the Building Department; one (1) signed copy shall be retained by the Planning Director; and one (1) signed copy shall be retained by the applicant. 7. All on-site improvements (i.e. fencing) shall be completed within eighteen (18) months of approval of the Conditional Use Permit as shown on the I approved final site plan. 8. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following approval of the use. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made, and a report will be made to the City Commission for their action. If all required conditions have been satisfied, the permit may be permanently renewed. 09-12-83 2~U The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Decision - Conditional Use Permit - Barbara Pomeroy - allow a Montessori School on Tract B of amended plat of portions of Lots 1-12, Block 20, Butte Addition (1422 South Willson Avenue) This' was the time and place set for the decision on the Conditional Use Permit requested I by Barbara Pomeroy to allow a Montessori School on Tract B of amended plat of portions of Lots 1-12, Block 20, Butte Addition. This parcel is more commonly located at 1422 South Willson Avenue. City Manager Evans stated the Planning Staff has recommended conditional approval of the request; and the Zoning Commission has recommended denial of the request because of in- creased traffic congestion and traffic hazard it would create on South Willson Avenue. The City Manager then recommended approval, subject to the conditions proposed by the Planning Staff, on the basis that he does not see any major difference between this request and the earlier request, which was conditionally approved. Commissioner Vant Hull stated she feels there is a definite difference between this request and the previous request. She noted several proponents and one opponent spoke during the public hearing last week. The Commissioner noted that traffic on South Willson Avenue is increasing. She stated South Willson Avenue is not just any street in the city, but has a historic designation. Commissioner Vant Hull stated it is time for the Commission to recognize the quality of South Willson Avenue and take steps to slow the traffic along the street and remove some of the heavy traffic load. Mayor Stiff stated South Willson Avenue is an extremely busy street. He also noted the location in the previous request is on a near cul-de-sac street, which affects the traffic pattern. The Mayor stated this creates a vital difference between this request and the pre- vious request. Mayor Stiff stated he would also like to maintain the character of South Willson I Avenue; and would like to see this sort of activities developed on other streets. Commissioner Mathre stated it is her understanding that, legally, a conditional use permit should be approved if the conditions recommended by the Planning Staff can be met. She noted on this item, few conditions were recommended; and the applicant would have no problem meeting those conditions. She indicated there would be little justification for denial if those conditions can be met. Commissioner Mathre stated if this is an inappropriate use -fer a residential area, it should be removed from the list of conditional uses. She stated she feels there is a traffic danger to children around all day care centers that currently exist in the area. Commissioner Anderson stated she feels there is greater visibility and less traffic problem in this location than around the other four day care centers located in the immediate area. Acting City Attorney Planalp stated the conditions recommended by the Planning Staff address some of the Commission's concerns, but do not address all of the concerns of all of the Commissioners. Commiss:oner Weaver stated he does not feel the requested Conditional Use Permit should be approved because (1) he believes South Willson Avenue is a thoroughfare which is already overburdened with traffic, and any significant increase poses a significant increase in the problem; and (2) South Willson Avenue has been recognized as a national historic district, representing a unique community asset. The Commissioner stated that to vote for approval of the Conditional Use Permit would be contrary to his vote on an earlier Conditional Use Permit I requested on South Willson Avenue and would be contrary to enhancement and upgrading of the character of the district. It was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the Commis- sion approve the Conditional Use Permit requested by Barbara Pomeroy to allow a Montessori School on Tract B of amended plat of portions of Lots 1-12, Block 20, Butte Addition, more commonly located at 1422 South Willson Avenue, subject to the following conditions: 1. Loading and unloading of children would take place on the east side of South 09-12-83 291 Willson Avenue only. The west side of South Willson Avenue and the driveway would be unacceptable. 2. A scaled drawing of the sign will need to be shown on the final site plan. 3. A paved walkway leading from Willson Street to the house is required to be installed. Its specifications will need to be shown on the final site plan. I 4. In the event of future expansion, the applicant will repeat the Conditional Use Permit. 5. The applicant shall enter into an improvements agreement with the City of Bozeman. If the school is to open prior to installation of the improvements (i.e. walkway), it must be secured by a method of security equal to 1+ times the amount of the cost of the scheduled improvements and their installations. 6. That three (3) copies of the final site plan containing all the conditions, corrections, and modifications recommended and approved by the City Commission shall be reviewed and approved by the Planning Director prior to the issuance of the permit for the project. One (1) signed copy shall be retained by the Building Department; one (1) signed copy shall be retained by the Planning Director; and one (1) signed copy shall be retained by the applicant. 7. All on-site improvements (i .e. walkway) shall be completed within eighteen (18) months of approval of the Conditional Use Permit as shown on the approved final site plan. 8. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following approval of the use. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made, and a report will be made to the City Commission for their action. If all required conditions have been satisfied, the permit wi II be permanently required. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Mathre and Commissioner Anderson; those voting No being Commissioner Vant Hull, Commissioner Weaver and Mayor Stiff. I Request - permission to conduct First National Freeze Walk - October 1, 1983, 10:00 a.m. - Bozeman Alliance for a Nuclear Free Future City Manager Evans presented to the Commission a request, on behalf of the Bozeman Alliance for a Nuclear Free Future, for permission to conduct the First National Freeze Walk on Saturday, October 1,1983, beginning at 10:00 a.m. The City Manager noted the request provides the route to be followed and asks permission to walk on the right one-half of Main Street's right lane. The Chief of Police has submitted a recommendation that the Walk be approved, but that the Walk be restricted to the sidewalks only and that all traffic control devices be obeyed. The City Manager concurred in that recommendation. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the request submitted by the Bozeman Alliance for a Nuclear Free Future for permission to conduct the First National Freeze Walk on Saturday, October 1, 1983, begin- ning at 10:00 a.m., approve the route submitted, and require the entire Walk to be limited to sidewalks only, obeying .all traffic control devices. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Request - permission to conduct Herita e Christian School at the Christian Center Church for a period not to exceed two mont 5 City Manager Evans presented to the Commission a request for permission to conduct the I Heritage Christian School at the Christian Center Church for a period not to exceed two months. The City Manager noted that the Commission previously approved expansion of the Heritage Christian School but construction has not been completed. He then recommended that the Commission approve the request, for a period not to exceed two months. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request submitted by the Heritage Christian School for permission to conduct their school at the Christian Center Church for a period not to exceed two months due to construction at the school. The motion carried by the following Aye and No vote: those 09-12-83 29~ voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Application for Business License - K-9 Rescue Station, 2112 North Rouse - Jena M. Nash City Manager Evans presented to the Commission an application, along with the required fee, on behalf of Jena M. Nash for a Business License to conduct a K-9 Rescue Station at 2112 I North Rouse A venue. The City Manager stated additional information on the business is re- qui red; and a City Attorney's opinion on the type of license to be issued should be obtained. Mrs. Jena Nash stated she has a current kennel license, but she is not sure how many dogs can be kept under that license. She noted the Humane Society is located less than one hundred yards from her house. Mrs. Nash then presented to the Commission a brief outline on how her proposed business would function. She stated she contacted the I nternal Revenue Service concerning non-profit business status. They have indicated that if she does not accept over $5.000.00 in donations, she does not need to fi Ie for a non-profit status. I f she accepts over $5,000.00 in donations, she has fifteen months to apply for non-profit status. Mrs. Nash reviewed the services her business would perform, including: spay I neuter clinic; public education system; dog rehabilitation service, education program, and counseling; lost and found service, including a pet death verification system; implementing community "mutt" shows; developing a search and rescue team; and assisting the community through specialized training services, such as for the hearing impaired, aid to handicapped and aid to the blind. Mrs. Nash stated the Humane Society is limited on what it is able to do, and she hopes to work with them and aid them in caring for animals, dogs in particular. Commissioner Anderson asked Mrs. Nash if she has talked to the Humane Society person- nel concerning this business. Mrs. Nash stated she has talked to Ms. Diane Lane, Manager of the Humane Society, and Mrs. Connie Lien, Animal Control Officer for the City. Commissioner Vant Hull noted the Humane Society is operating on a tight budget. She I asked if this operation would benefit their operation or take monies away from that budget. Mrs. Nash stated she hopes her business and the Humane Society can work together. She also stated that she does not want to take any funds away from the Humane Society. City Manager Evans recommended that this request be brought back to the Commission with a recommendation on the type of business license necessary after review by the City Attorney. Request - appropriation from Commission budget, Travel and Schools line item, for use by Low-Income Housing Committee City Manager Evans presented to the Commission a request from the Low-Income Housing Committee for an appropriation of monies from the Commission budget unit, Travel and Schools line item. The requested monies would cover the costs of one or two Low-Income Housing Committee members who wish to travel to various communities around the state that have active housing authorities or exemplary housing programs. Ms. Marcia Youngman, member of the Low-Income Housing Committee, stated the Commit- tee has tried to combine as many communities in one trip as possible. She stated it may be necessary to make another trip and asked if the Committee should request an additional appropriation at that time. Commissioner Weaver suggested that the Commission appropriate an amount not to exceed $200.00 for in-state travel, for the Committee to use at its discretion. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the I Commission appropriate $200.00 from the Commission budget unit, Travel and Schools line item, to cover the costs of in-state travel by one or two members of the Low-Income Housing Committee. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. 09-12-83 , 293 Break - 5:00 to 5:10 p.m. Mayor Stiff declared a break at 5:00 p.m., to reconvene at 5: 10 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion - request from Gallatin Valley Sports Council to appropriate $40,000.00 from Parkland 1 rust Fund Tor construction of sports complex I City Manager Evans presented to the Commission a request for the Commission to appro- priate $40,000.00 from the Parkland Trust Fund for a portion of the construction costs of the proposed indoor/outdoor recreation and sports complex. Mayor Stiff asked if this type of proposal would usually be considered in the Capital Improvement Program. City Manager Evans stated this would usually be considered under the Capital Improve- ment Program, regardless of the proposed funding source. The project would then compete for the requested monies with other proposed programs. The City Manager noted in this case, the deadline for applying for a federal grant is November 1, 1983, and the matter must be con- sidered now to meet that deadline. Mr. Del Straub stated he is not speaking for any group but will simply present the facts and events that have taken place up to this point. Mr. Straub stated he and Glen White, former Recreation Director, began looking for a site for this type of facility in 1977. Mr. Straub stated that in 1979 he presented a proposal to the County Commission to utilize a portion of the Fairgrounds for construction of general purpose athletic fields. He stated that proposal was denied by the County Fair Board because they felt the Fairgrounds should be retained for agricultural oriented activities. He stated that in 1980, the old landfill site was considered for construction of recreation facilities. Former City Engineer Van't Hul recommended that the site not be considered for that purpose because of potential settling problems due to sub-surface rotting. Mr. Straub stated school sites were then considered, beginning in 1980. ~r. Straub then indicated that on July 19, 1983, the Recreation Advisory Board approv- I ed the Short-Range Master Plan for Parks and Recreation; and on August 19, 1983, the Adminis- trative Board of Trustees voted to submit the Plan to the governing bodies. He noted one of the five items listed in that Plan is the construction of a sports complex. Mr. Straub noted the Commission has asked how many people involved in the various sports programs live inside city limits. He stated he plans to list that item on the registration forms to capture the requested information. Mr. Straub stated the construction of a new sports complex will relieve the pressure being placed on the current facilities, but will not eliminate any facility currently being used. Mr. Straub stated three sites were initially considered: a parkland site in Valley Unit Subdivision and two school sites. He stated the site in Valley Unit Subdivision is not large enough, since it contains 16.2 acres, which left the two school sites. Both school sites are referred to as the Harris sites. One, which he stated he will refer to as the "Harris Site," is located along South Third Avenue between Figgins Subdivision and Goldenstein Lane. The other site, which he will refer to as the "Patterson Site," is located between South Third Avenue and South Ni neteenth Avenue, just north of and adjacent to Patterson Road. Both sites are thirty acres in size. Mr. Straub then presented to the Commission a conceptual drawing of the sports . complex prepared by Mike Aune, former Recreation Director. He stated he would be presenting the same information to the School Board in the evening for their review and action. Mr. Straub stated there are sufficient monies in the County fund for payments-in-Iieu of parkland dedication and the City's Parkland Trust Fund, along with the School District's land donation, to cover the costs of all five items listed in the Short-Range Master Plan for Parks I and Recreation. He noted if the $120,000.00 grant is received, it will provide funding for completion of the sports complex rather than constructing it in phases over the next few years. Mr. Straub stated Glen White and the Interim Recreation Director, Curt Shook, have indicated they would be willing to prepare the application for the grant if requested to do so by the governing bodies. He stated they estimate it will take approximately three weeks to prepare the application. Mr. Straub stated the issues that must be resolved include determination of the governmental entity sponsoring the application and determination of which governmental 09-12-83 .t 294 entity will retain ownership of the facility. Mr. Straub suggested that the School District be selected in both capacities, since the proposed site is currently owned by the School District and is located outside city limits. Mr. Straub also suggested that the Recreation Director be appointed to coordinate activities at the complex. Mr. Straub stated one of the concerns expressed by the County is the possibility of increased traffic on South Third Avenue. Mr. Straub noted that the traffic will not necessarily I increase the traffic load on South Third Avenue, but may only change the traffic patterns that currently exist. Mayor Stiff noted that participation in various sports activities is important to members of the community and surrounding area. He also noted if the City Commission approves the appropriation of $40,000.00, it is contingent upon favorable actions by the other governmental entities involved. Mr. Straub stated the key issue at this time is approval for the use of a school site. He indicated that if this approval is not granted, perhaps a private landowner would submit an offer for purchase of the needed land. He noted, however, that if a second high school were built, a recreation complex could be complementary to that school's functions. Mr. Straub stated at this time he prefers the Harris Site because it is more centrally located and would be easier for children to reach. He stated the property, however, is developed around that site more than around the Patterson Site. City Manager Evans stated Mr. Straub has enumerated some of his concerns, including acquisition of the land. He noted the entity filing an application for federal funds must have a title for the land that is acceptable to the federal agency involved before an appl ication for a grant is considered. He stated the funding by the City and County is important in this issue. The City Manager then stated his concern about the legality of using City monies, particularly Parkland Trust Fund monies, as partial funding for construction of a facility which is located outside city limits. City Manager Evans then stated that the Legislature considered H B 115 during th~ last I Legislative Session; and it was approved by the House of Representatives but defeated in the Senate. That Bill would have provided for County service districts as well as joint City-County service districts. The City Manager noted that if such a bill were to be approved during the next Legislative Session, it might provide an alternative source of funding for construction and maintenance of recreational facilities. Mayor Stiff asked if either of the school sites is contiguous to the City. City Manager Evans stated neither site is contiguous. The City Manager then recommended that, if it is determined legal, the Commission could appropriate monies for partial payment of the construction of the sports complex. He stated he does not feel the City should become involved as a prime agent or sponsoring agent, but that the City's contribution should be contingent upon the County's approval and donation of the land from the School District. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission support the concept of the multi-purpose sports center and, if the use of City funds is determined to be legal, appropriate up to $40,000.00 in City funds, contingent upon the County appropriating an equal amount and the School District donating the needed land. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. If the stipulations listed in the motion are not approved by the other governmental entities, the matter will return to the City Commission for further consideration. I Discussion - public education program on self-government powers City Manager Evans stated the Commission had requested that Commissioner Vant Hull and Commissioner Weaver prepare an outline listing the points to be covered in presentations made by the Commissioners. Commissioner Vant Hull stated the outline is for a suggested fifteen to twenty minute presentation, allowing five to ten minutes for answering questions. The Commissioner noted the 09-12-83 295 outline provides an opportunity for any Commissioner to add items he/she feels are important. She noted it is imperative that the community be informed about the differences between the general government powers and self-government powers. Commissioner Weaver stated he recognizes the need to inform the community about sel f-government powers. He stated concern that the Commission might find itself in a position where it appears to be lobbying collectively for self-government powers. He also stated con- I cern about using public funds or the position of Commissioner to sell the idea of approving sel f-government powers Acting City Attorney Planalp stated there is a difference between presenting the facts and entering an advocacy role. Commissioner Weaver asked if a service organization or a civic organization might be willing to accept the educational role on self-government powers. Commissioner Vant Hull stated the League of Women Voters supported the proposal in 1976 and might be willing to accept such a role. Commissioner Weaver asked if a letter has been written to the service groups concerning possible presentations on self-government powers. Mayor Stiff stated that he and the Clerk of the Commission discussed the matter and determined it would be best to wait until the outline had been prepared. The Commission then instructed the Clerk of the Commission to send a letter to all service clubs, stating the Commissioners' willingness to address their group concerning self-government powers. Mayor Stiff then asked how soon the Commission could get an answer from the League of Women Voters on their willingness to serve in an educational role on this issue. Commissioner Mathre stated she would approach the League of Women Voters and should have an answer by the next Commission meeting. The matter will be placed on next week's agenda for a report from Commissioner Mathre. I B rea k - 6: 1 5 to 6: 20 p. m . Mayor Stiff declared a five-minute break at 6:15 p.m., to reconvene at 6:20 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. City Manager Evans presented to the Commission a request submitted by the Bozeman Youth Soccer League for permission to hang a banner across Main Street from September 28 through October 10, 1983. City Manager Evans noted this banner is for the promotion of the professional soccer game to be held on October 8, 1983. The City Manager then recommended that the Commission approve the request to hang the banner, contingent upon payment of the appropriate fee and deposit at the Building Division office. Commissioner Anderson noted this banner request and the next banner request are for overlapping dates. City Manager Evans stated there are two locations on Main Street where banners can be hung. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the request submitted by the Bozeman Youth Soccer League for permission to hang a banner across Main Street from September 28 through October 10, 1983, contingent upon payment of the appropriate fee and deposit at the Building Division office. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, I Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Request - permission to hang banner across Main Street - United Way City Manager Evans presented to the Commission a request submitted by United Way for permission to hang a banner across Main Street from September 18 through October 31, 1983, in conjunction with their annual fund drive. The City Manager recommended the Commission approve the request contingent upon payment of the appropriate fee and deposit at the Building Division office. 09-12-83 ~ 288 It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request submitted by United Way for permission to hang a banner across Main Street from September 18 through October 31, 1983, contingent upon payment of the appropriate fee and deposit at the Building Division office. The motion carried by the following' Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. I Ordinance No. 1142 - place issue of self-government powers before electorate City Manager Evans presented Ordinance No. 1142, as prepared by the City Attorney, entitled: ORDINANCE NO. 1142 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE NATURE OF THE COMMISSION-MANAGER FORM OF GOVERNMENT BY ADOPTING SELF-GOVERNMENT POWERS; PROVIDE FOR SUBMITTING THE QUESTION OF AMENDMENT TO THE ELECTORS; AND PROVIDE FOR AN EFFECTIVE DATE. City Manager Evans stated the Commission had provisionally adopted this Ordinance at its regular meeting of August 29, 1983 and recommended that the Ordinance be finally adopted. The City Manager stated City Attorney Crumbaker-Smith has revised the Statement of I mpJication, which is attached to the Ordinance. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission finally adopt Ordinance No. 1142, placing the issue of self-government powers before the electorate. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver. Commissioner Vant Hull and Mayor Stiff; those voting No, none. Ordinance No. 1140 - Parking Ordinance City Manager Evans presented Ordinance No. 1140, as prepared by the City Attorney, entitled: I ORDINANCE NO. 1140 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 10.32 OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR THE STOPPING, STANDING OR PARKING OF VEHICLES. City Manager Evans stated the Commission had provisionally adopted this Ordinance at its regular meeting of August 29, 1983 and recommended that the Ordinance be finally adopted. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission finally adopt Ordinance No. 1140, amending Chapter 10.32 of the Bozeman Municipal Code concerning parking regulations. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Commission Resolution No. 2483 - establishing a Board of Appeals City Manager Evans presented Commission Resolution No. 2483, entitled: COMMISSION RESOLUTION NO. 2483 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ESTABLISHMENT OF A BOARD OF APPEALS TO DETERMINE THE SUITABILITY OF ALTERNATE MATERIALS AND METHODS OF CONSTRUCTION AND TO PROVIDE REASONABLE INTERPRETATION OF THE VARIOUS TECHNICAL CODES, RELATING TO CONSTRUCTION, ADOPTED BY THE CITY OF BOZEMAN, INCLUDING BUT NOT LIMITED TO THE BUILDING, PLUMBING, MECHANICAL AND ELECTRICAL CODES. I City Manager Evans recommended that the Commission acknowledge receipt of this Commission Resolution and that it be brought back later for discussion. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission acknowledge receipt of Commission Resolution No. 2483, providing for the establish- ment of a Board of Appeals, and direct the staff to bring the Resolution back for discussion at a future meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. 09-12-83 29-/ Discussion - service districts City Manager Evans stated he had reviewed the basic elements of this item during the discussion on the sports complex. He distributed to the Commission copies of House Bill 115 from the 1983 Legislative Session. The City Manager suggested that the Commission consider introducing this bill, or a similar bill, at the Montana League of Cities and Towns Convention, I for League endorsement during the next Legislative Session. Commissioner Mathre stated the deadline for submitting proposed bills to the League office is September 17, 1983. Commissioner Weaver stated the Urban Coalition is as effective as the League of Cities and Towns and asked if the bill should be submitted to them for possible support as well. The City Manager stated the Urban Coalition had reviewed the Bill at its meeting and will support introduction of a new Bill at the next Legislative Session. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve preparation of a resolution of support for services districts, including reference to HBl15, which is to be proposed at the Montana League of Cities and Towns Convention in October. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Discussion - request for Clerk of Commission to serve as Secretary for the Montana Municipal Clerks, Treasurers and Finance Officers Association for the upcoming year City Manager Evans presented to the Commission a request from the Clerk of the Com- mission for authorization to serve as Secretary for the Montana Municipal Clerks, Treasurers and Finance Officers Association for the upcoming year. Clerk of the Commission Sullivan stated that a member of the Nominating Committee has contacted her about serving in the capacity of Secretary for the next year. She indicated her I name would be the only name submitted by the Nominating Committee if the Commission approves the request. She also stated the Association does not pay any expenses for travel. City Manager Evans stated the employer usually pays an employee's travel costs for a professional Association if that Association does not pay the costs. Mayor Stiff stated he would not vote for a motion to approve the request since the minutes for the meeting of June 20, 1983 have not yet been completed. He stated that he will abstain from voting rather than vote against a motion to approve. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the request submitted by Clerk of the Commission Sullivan for authorization to serve as Secretary for the Montana Municipal Clerks, Treasurers and Finance Officers Association for the upcoming year, and authorize the expenditure of City funds to cover the costs incurred in such capacity. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre and Commissioner Weaver; those voting No, none. Commissioner Vant Hull and Mayor Stiff abstained. Information item City Manager Evans stated Commissioner Anderson had requested this item be added to the agenda ~ Commissioner Anderson requested that this item be placed on next week's agenda due to the Commission's desire to end this meeting as quickly as possible. I Consent Items City Manager Evans presented to the Commission the following items: Proclamation - "Constitution Week" - September 17-23, 1983 Proclamation - "United Way Days" - September 17 through October 31, 1983 It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission cqncur in the Mayor's proclamations. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commis- sioner Anderson and Mayor Stiff; those voting No, none. 09-12-83 288 Adjournment - 6:35 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Commissioner Weaver abstained. ALFRED M. STIFF, Mayor I ATTEST: Clerk of the Commission I I 09-12-83