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HomeMy WebLinkAbout1983-03-14 L.i 55 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA March 14,1983 ************************* The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, March 14, 1983, at 4:00 p.m. Present were Mayor Pro Tempore Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. Mayor Stiff was absent in compliance with Section 7-3-4322, M.C.A. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Mathre. Action on the minutes of the regular meeting of March 7, 1983 was deferred for a period of one week. Mayor Pro Tempore Weaver asked if any of the Commissioners desired to remove any of the items listed under Consent Items for discussion. Commissioner Vant Hull requested that the restoration of illumination in the City Commission Room be removed for discussion. Presentation to City from ASMSU Mr. Brad Diede, President of the Associated Students of Montana State University, stated that the ASMSU adopted a resolution at its meeting of March 10, 1983 congratulating the City on its Centennial, noting the many services the City has provided for students over the years, noting the public, social and cultural events available to students, noting the business people and those who have provided housing for the students, and directing the ASMSU President to send a letter of congratulations to the City. Mr. Diede then read his letter to the Commission, congratulating the City on its Centennial and donating $250.00 to t~e City for the construction of lay-down curbs in the downtown area. - Mayor Pro Tempore Weaver extended thanks from the City government to the students I of MSU. He further stated appreciation for the monetary contribution and the cooperation and communication being shown between the community and the University. Decision - Ordinance No. 1124 - adoption of "Uniform Fire Code, 1982 Edition" This was the time and place set for the decision on Ordinance No. 1124, as prepared by the City Attorney, entitled: ORDINANCE NO. 1124 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 15.16.010 OF THE BOZEMAN MUNICIPAL CODE PROVIDING FOR REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, PROVIDING FOR THE ISSUANCE OF , PERMIT FOR HAZARDOUS USES OR OPERATIONS, AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES. City Manager Evans noted that the Commission had provisionally adopted Ordinance No. 1124 on January 31, 1983 and conducted the public hearing on March 7, 1983. The City Manager noted no opposition has been expressed and recommended that the Commission finally adopt Ordinance No. 1124, to provide for the adoption of the "Uniform Fire Code, 1982 Edi- tion." It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission finally adopt Ordinance No. 1124, adopting the "Uniform Fire Code, 1982 Edi~ tion. " The motion carried by the following Aye and No vote: those voting Aye being I Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Pro Tempore Weaver; those voting No, none. Decision - Conditional Use Permit - Charles Rush - allow bui Iding on Lot 5, Bear Creek Subdivision in the Wi of Section 14, T2S, R6E (between US 10 and 1-90, next to Carpet Discount Warehouse This was the time and place set for the decision on the Conditional Use Permit re~ quested by Charles Rush to allow construction of a building to be used for warehousing and 03-14-83 1 (',.... +' t. \.., ", wholesale and retail trade on Lot 5 of the Bear Creek Subdivision, located in the Wi- of Section 14, Township 2 South, Range 6 East, Montana Principal Meridian. This site is more commonly located in an M-1 Zone and is adjacent to the Carpet Discount Warehouse, east of Bozeman between U. S. 10 (Frontage Road) and 1-90. City Manager Evans stated that the Planning Staff had recommended conditional approval, and the Zoning Commission had concurred. The City Manager then recommended that the Commission approve the application for the Conditional Use Permit, subject to the I conditions recommended by the Zoning Commission. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the Conditional Use Permit requested by Charles Rush to allow con- struction of a building to be used for warehousing and wholesale and retail trade on Lot 5 of the Bear Creek Subdivision, located in the Wt of Section 14, Township 2 South, Range 6 East, Montana Principal Meridian, subject to the following conditions: 1. That the paving and drainage plans be reviewed and approved by the City Engineer prior to final site plan approval. 2. That the Department of Health review and approve the drainage, septic and water plans prior to final site plan approval. 3. That the entrance be narrowed off the cul-de-sac and an additional 40- foot front yard area be provided. 4. That walkways be provided between the building and parking stalls. 5. That security lighting be provided that will be in compliance with the zoning specifications. 6. That a minimum of 6 percent of the interior parking area be landscaped. 7. That the sign facing into Interstate 90 be non-illuminous and non-reflec- tive in nature. 8. That the area to be utilized for a trash enclosure be included on the final site plans. 9. That if occupancy of the structure is to occur prior to installation of the I scheduled improvements, the developer shall enter into an Improvements Agreement with the City of Bozeman and that it be secured by a method of security equal to one and one-half (H) times the amount of the cost of the scheduled improvements and their installation. Detailed cost esti- mates, construction plans, phasing schedule and method of security shall be made part of that agreement. 10. That three (3) copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission be sub- mitted for review and approved by the Planning Director within six (6) months of the date of City Commission approval and prior to issuance of a building permit for the project. One (1) signed copy shall be retained by the Building Division; one (1) signed copy shall be retained by the Planning Director; and one (1) signed copy shall be retained by the appl icant. 11. All on-site improvements (i .e., paving, landscaping, etc.) shall be com- pleted within eighteen (18) months of approval of the Conditional Use Permit for each phase and as shown on the approved final site plan. 12. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following approval of the use. Prior to the permanent re- newal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report made to the City Commission for their action. If all required conditions have been satisfied, the permit will be perma- nently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Pro Tempore Weaver; those I voting No, none. Decision - Conditional Use Permit - Jim Schara - allow a warehouse on Lot 22E of Amended Plat of Lot 22, Gordon Mandeville State School Section Subdivision, SE! of Section 36, T1S, R5E (Lea Avenue) This was the time and place set for the decision on the Conditional Use Permit re- quested by Jim Schara to allow a warehouse on Lot 22E of the Amended Plat of Lot 22, 03-14-83 L.67 I I Gordon Mandeville State School Section Subdivision, located in the SE! of Section 36, Township 1 South, Range 5 East, Montana Principal Meridian. The site is more commonly located in an M-1-T Zone, at 2200 Lea Avenue, which is just north of Griffin Drive. City Manager Evans stated that the Planning Staff had recommended conditional approval, and the Zoning Commission had concurred. The City Manager then recommended that the Commission approve the appl ication for the Conditional Use Permit, subject to the I conditions recommended by the Zoning Commission. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the Conditional Use Permit requested by Jim Schara to allow a warehouse on Lot 22E of the Amended Plat of Lot 22, Gordon Mandeville State School Section Sub- division, located in the SE! of Section 36, Township 1 South, Range 5 East, Montana Principal Meridian, subject to the following conditions: 1. That the paving and drainage plans be reviewed and approved by the City Engineer prior to final site plan approval. 2. That all runoff from the proposed structure be retained on site. 3. That the exterior lighting be illustrated on the final site plan. 4. That three (3) copies of the final site plan containing all conditions, corrections and modifications be reviewed and approved by the Planning Director within six (6) months of the date of approval granted by the City Commission and prior to issuance of a building permit for the proj- ect. One (1) signed copy shall be retained by the Building Division; one (1) signed copy shall be retained by the Planning Director; and one (1) signed copy shall be retained by the appl icant. 5. All scheduled improvements shall be completed within eighteen (18) months of approval of the Conditional Use Permit and as shown and approved on the final site plan. If occupancy is to occur prior to the installation and inspection of the scheduled improvements, the developer must enter into an Improvements Agreement with the City of Bozeman and supply a method of security equal to one and one-half (1 t) times the estimated cost of their installation. Detai led cost estimates, construction I plans and a method of security shall be made part of that agreement. 6. That the Conditional Use Permit shall be valid for a period of eighteen (18) months following final site plan approval. Prior to the permanent renewal of the permit at the end of that time period, the applicant must satisfy all the conditions listed in the granting of its approval. An on-site inspection will be performed and a report made to the City Com- mission for their action. If all conditions have been satisfied, the permit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Pro Tempore Weaver; those voting No, none. Proclamation - IICamp Fire Birthday Weekll - March 13-19, 1983 Three members of the Headwaters Council of Camp Fire, Inc., presented a balloon bouquet to the Commission in celebration of the 73rd birthday of Camp Fire, Inc. The th ree representatives also made the Commissioners honorary members of Camp Fire, Inc., which now has programs for boys as well as girls. Mayor Pro Tempore Weaver proclaimed the week of March 13 through 19, 1983 as IICamp Fire Birthday Weekll in the City of Bozeman and thanked the Camp Fire representatives for their presentation. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission concur in the Mayor Pro Tempore's proclamation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner I Anderson, Commissioner Mathre and Mayor Pro Tempore Weaver; those voting No, none. Request - permission to place balloon bouquets on parking meter posts - Camp Fire, Inc. - March 14-19, 1983 City Manager Evans presented to the Commission a request submitted by the Camp Fire, Inc., for permission to place balloon bouquets on the parking meter posts during the period March 14 through 19, 1983 in celebration of their 73rd birthday. The City Manager recommended approval of the request. 03-14-83 '.C: R ., \'...' '~- It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the request submitted by the Camp Fire, Inc., for permission to place balloon bouquets on the parking meter posts during the period March 14 through March 19, 1983. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Pro Tempore Weaver; those voting No, none. Request for sign variance - Intermountain Real Estate and Investment - 24 South Willson I Avenue City Manager Evans presented to the Commission a request for a sign variance sub- mitted by Intermountain Real Estate and Investment, located at 24 South Willson Avenue. The City Manager showed the Commissioners two pictures, one of the proposed sign and one indi- cating the proposed location of the sign. He noted that the sign is wooden and is to be flush mounted against the building. The Building Inspection Division has indicated no objection to the approval of the request; and the City Manager recommended approval. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the request for a sign variance submitted by Intermountain Real Estate and Investment, located at 24 South Willson, to flush mount a wooden sign. The motion car- ried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commiss- ioner Vant Hull, Commissioner Anderson and Mayor Pro Tempore Weaver; those voting No, none. Request - waiver of portion of investigation fee for Gambling License - Par-3 Supper Club and Lounge City Manager Evans presented to the Commission a request for a waiver of a portion of the investigation fee for a Gambling License, which had been submitted by the Par-3 Supper Club and Lounge, located at 302 East Kagy Boulevard. The City Manager noted that the investi- gation fee under the new Business License Ordinance is $200.00 per individual financially involved in the business, and perhaps that investigation fee is too high. City Manager Evans I noted that the Commission may wish to consider adopting an ordinance amending the Business License Ordinance, to provide for lower investigation fees. Commissioner Vant Hull stated that the Chief of Police has indicated that the Police Division uses the teletype to complete the investigation of applicants; and rental on the teletype is rather high. She noted that up to the present time, applicants for Gambling Licenses have not had criminal records. However, she does not feel that the fee should be lowered because some of the future investigations may become more complicated than those completed in the past. Commissioner Mathre noted that investigations for Gambling Licenses are less compli- cated than investigations for boilerroom operations as a general rule. She suggested a two- tiered fee schedule for investigations. Assistant City Manager Barrick stated that the Chief of Police has indicated that in- vestigations for boi lerroom operations are usually a long and time-consuming process, whi Ie the investigations for Gambling Licenses are on local people and take much less time. The Assistant City Manager stated that he feels the $200.00 investigation fee for Gambling Li- censes is too high. He feels that to lower the fee to $100.00 per individual financially in- volved in a business would be fair. Commissioner Vant Hull stated that some people are concerned about the gambling element coming into the state. She noted that has not happened yet; and the City should do everything possible to maintain gambling in an upright manner that citizens will have con- fidence in. I City Manager Evans noted that the requirements for an applicant for a Gambling License include that he/she be a resident of the State of Montana for at least one year. He noted that people involved in boilerroom operations need not be residents of the state, which could be considered when establishing the investigation fees. City Attorney Crumbaker-Smith stated that she would like to review the legal aspects of possibly setting a two-tiered investigation fee. 03-14-83 L60 J \.-' It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission refer the possible revision of the investigation fee for Gambling Licenses to the Staff for review and a recommendation to be made to the Commission in two weeks; and that action on the request submitted by the Par-3 Supper Club and Lounge for a waiver of a portion of the investigation fee be deferred pending the Staff's recommendation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner I Mathre and Mayor Pro Tempore Weaver; those voting No being Commissioner Vant Hull. Request - permission to conduct bike-a-thon for diabetes - Saturday, May 7, 1983, 9: 00 a. m. to 2:00 p.m. City Manager Evans presented to the Commission a request for permission to conduct the annual diabetes bike-a-thon fund raiser on Saturday, May 7, 1983 between the hours of 9:00 a.m. and 2:00 p.m. The bike-a-thon will begin and end at Burger King, with a large portion of the event being located outside the city limits. The request also asks for police assistance for the beginning of the race and at the intersection of U. S. 191 and Cottonwood Road. The City Manager noted that City police officers are not to go outside city limits to aid in such events. The Chief of Police has responded to the request, indicating that a police officer would be available to help start the race; and he would contact the Sheriff's Department about having an officer at the intersection of U.S. 191 and Cottonwood Road. City Manager Evans then recommended that the Commission approve the request. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the request for permission to conduct the annual diabetes bike-a-thon on Saturday, May 7,1983 between the hours of 9:00 a.m. and 2:00 p.m. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Pro Tempore Weaver; those voting No, none. Request - permission to hang banner across Main Street - bike-a-thon for diabetes I City Manager Evans presented to the Commission a request for permission to hang a banner across Main Street for the annual diabetes bike-a-thon fund raiser. The City Manager recommended that the Commission approve the request, contingent upon payment of the deposit and fee in the Building Inspection Division office, that it meet the requirements established for banners and that it be installed and removed by the group sponsoring the event. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request for permission to hang a banner across Main Street for the annual diabetes bike-a-thon fund raiser, contingent upon payment of the deposit and fee and approval of the banner by the Building Inspection Division. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Pro Tempore Weaver; those voting No, none. Acknowledge petition for annexation - Roger H. and Rosalind I. Smith (north side of Durston Road, just west of North Nineteenth Avenue) City Manager Evans presented to the Commission a petition for annexation of a parcel of land on behalf of Roger H. and Rosalind J. Smith. The City Manager noted that the parcel of land is located in the Ei of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian, more commonly located along the north side of Durston Road, just west of North Nineteenth Avenue, and containing 41.6090 acres. The City Manager recommended that the Commission acknowledge receipt of this petition for annexation and refer it to the City staff for review and preparation of a report. I It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission acknowledge receipt of the petition for annexation submitted by Roger H. and Rosalind I. Smith for annexation of a parcel of land containing 41.6090 acres and located along the north side of Durston Road, just west of North Nineteenth Avenue, and refer the petition to the City staff for review and preparation of a report. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Pro Tempore Weaver; those voting No, none. 03-14-83 1 70 + " , Acknowledge donation of pool blanket and storage reels from Friends of the Pool to the City of Bozeman City Manager Evans presented to the Commission a letter submitted by Steven A. Bred- berg on behal f of the Friends of the Pool, donating the pool blanket and storage reels to the City of Bozeman. The City Manager recommended that the Commission acknowledge receipt of the letter and extend congratulations to the Friends of the Pool. City Manager Evans noted that the pool blanket will add a great deal to the energy saving costs at the Swim Center. I It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission acknowledge receipt of the letter donating the pool blanket and storage reels to the City of Bozeman and congratulate the Friends of the Pool on their efforts. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Pro Tempore Weaver; those voting No, none. Proposed Commission Resolution No. 2441 - policy re SID's City Manager Evans presented proposed Commission Resolution No. 2441, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2441 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A POLICY WHEREBY A CASH ESCROW ACCOUNT SHALL BE REQUIRED AS A CONDITION OF THE CREATION OF ANY SPECIAL IMPROVEMENT DISTRICT ON UNDEVELOPED LAND IN WHICH 40 PERCENT OR MORE OF THE PROPERTY IS HELD IN LIMITED OWNERSHIP. The City Manager requested that the Commission acknowledge receipt of the proposed Commission Resolution and suggested that a public hearing date be set. He noted that a public hearing is not required, but he feels that input from the people should be accepted prior to adoption of the Commission Resolution. Commissioner Vant Hull asked if the City Attorney has reviewed the proposed Commission Resolution. I City Attorney Crumbaker-Smith noted that she has written the final draft of the pro- posed Commission Resolution and approved it as to form. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission acknowledge receipt of Commission Resolution No. 2441, establishing a policy for requiring a cash escrow account for creation of any Special Improvement District on undevelop- ed land in which 40 percent or more of the property is held in limited ownership, and set the public hearing date for Apri I 4, 1983. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Pro Tempore Weaver; those voting No, none. Recommendation from City Manager re smoking in Commission Room City Manager Evans presented to the Commission his recommendation concerning a policy on smoking in the Commission Room. The City Manager noted that this recommendation is the result of the Commission's discussion on February 28, 1983. He noted that his memorandum to the Commission included two recommendations: (1) designate the entire Commission Room as a "nonsmoking area" and (2) designate a portion of the Commission Room as a "nonsmoking area. II City Manager Evans then recommended that the Commission designate the entire Commis- sion Room as a "nonsmoking area" and establish a policy for conduct of meetings that includes break periods. He noted that the break periods would not only accommodate smokers, but would allow time for rest stops, and would probably add to the efficiency of the meetings. I Commissioner Vant Hull suggested that the Commission set break periods for five minutes every hour. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission designate the entire Commission Room as a "nonsmoking area" and establish a policy to provide for a five-minute break every hour during Commission meetings. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Pro Tempore Weaver; those voting No, none. 03-14-83 L; 71 Continued discussion - Judicial Coordinating Committee Mayor Pro Tempore Weaver presented to the Commission the memorandum he had prepared at Mayor Stiff's request. He noted that the memo outlines his thoughts, and noted that he has no vested interest in the matter but feels that formation of a committee might aid the communication process. The Mayor Pro Tempore then requested that further discussion be deferred for a period of two weeks, so that the Mayor might be present for the discussion. I The Commission concurred in the Mayor Pro Tempore's request to defer discussion of the memorandum for a period of two weeks. Discussion - requests from Cable Television Study Group - (1) define purpose of study qroup and (2) appropriation of $200.00 from Commission budget to study group to cover expenses City Manager Evans noted that the Cable Television Study Group has requested that the Commission (1) define the purpose of the study group and (2) appropriate $200.00 from the Commission budget to the study group to cover their expenses. Commissioner Mathre stated that the Cable Television Study Group will be meeting on Wednesday evening. The study group has requested that she present to them more specifically what the Commission expects of the group and why the group was formed. She noted that the group plans to define its goals and objectives at the upcoming meeting. Commissioner Anderson noted that one of the main thrusts was to look at the local educational components. Mayor Pro Tempore Weaver noted that the Commission had discussed the group's identi- fying community service objectives that a franchise of cable television might incorporate. He further noted that the Commission had reserved to itself the establishing of a fee structure for the franchising. Commissioner Vant Hull noted that the study group could gather information on fee struc- tures. She noted that the more information the Commission has avai lable to them, the better. She stated that if the study group wishes to make a recommendation, they can. However, I they must be aware that the Commission will make the final decision. Commissioner Mathre noted that two separate items can be involved in franchising fees. One provides for regulation of the fees charged customers by the cable television company; and the other is a franchise fee that the business pays to the local government. Mayor Pro Tempore Weaver noted that the City is not interested in regulating the fee structure that the cable television company develops for customer use, but is interested in the fee that the company would pay to local government. City Manager Evans noted that the City has indicated no concern about regulating the fees that customers must pay the cable television company, but is interested in establishing a requirement that service be provided to all residences within the city limits. He noted that several complaints have been aired concerning the fact that cable television service is not available is some parts of the community. Commissioner Vant Hull noted that cable television fees in many other communities are lower than they are in Bozeman. She noted that the study group may wish to research that aspect, but it is not essential. Commissioner Vant Hull then listed possible questions that the study group could research, including (1) should the City be franchising cable television? (2) is it a source of revenue? (3) what is the value of all of the right-of-way the cable television company utilizes? (4) does the public need the cable television company regulated? and (5) in what ways can the City regulate the cable television company? Mayor Pro Tempore Weaver stated that it is not the Commission's intent that the study group confine itself to those topics the Commission has indicated. If the study group finds I areas it wishes to explore, it should do so. The Mayor Pro Tempore noted that the Commission will be awaiting a report from the study group concernings its findings and recommendations. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission appropriate $200.00 from the Operations section of the City Commission budget to the Cable Television Study Group to cover the group1s expenditures. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Pro Tempore Weaver; those voting No, none. 03-14-83 't 72 Dean and Hoskins, nc. , City Manager Evans presented to the Commission Amendment No. 15 to the Agreement with Thomas, Dean and Hoskins, I nc., for the Waste Water Treatment Plant improvements being completed through the EPA project. The City Manager noted that authorization for the Mayor to sign had been deferred at last week's meeting, unti I the City Attorney had an opportunity to review the Amendment. The City Manager recommended that, upon the City Attorney's I approval, the Commission authorize the Mayor Pro Tempore to sign the Amendment. City Attorney Crumbaker-Smith stated that she has reviewed Amendment No. 15 and has approved it as to legal form. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission authorize the Mayor Pro Tempore to sign Amendment No. 15 to the Agreement with Thomas, Dean and Hoskins, I nc., for the Waste Water Treatment Plant improvements being completed through the EPA project. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Pro Tempore Weaver; those voting No, none. Authorize Mayor to sign - Interlocal Agreement re Recreation Department City Manager Evans stated that the I nterlocal Ag reement for the Recreation Department, with Gallatin County, School District No. 7 and the City of Bozeman, has been revised and is now in final form. He recommended that the Commission authorize the Mayor to sign the new Interlocal Agreement. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission authorize and direct the Mayor Pro Tempore and Clerk of the Commission to sign the Interlocal Agreement for the Recreation Department. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commis- sioner Anderson and Mayor Pro Tempore Weaver; those voting No, none. Centennial Committee update - Commissioner Weaver I Mayor Pro Tempore Weaver noted that one of the items discussed at the last Centennial Committee was a proposal by the Downtown Merchants Association to conduct a cattle drive on Main Street. He has requested that Mr. Sam Wagner attend this Commission meeting and submit the proposal for consideration. Mr. Sam Wagner, owner of Country West and member of the Downtown Merchants Association, stated that the Association has considered what it might do to help in the spirit of the Centennial, particularly on March 25, when Bozeman will be Capital for a Day. The Association decided that a cattle drive on Main Street might be an appropriate reminder of Bozeman's beginning. Mr. Wagner noted that the proposed cattle drive would be comprised of approxi- mately 70 steers used for team roping at the Fairgrounds. The steers are five to six years old and are used to being around people and vehicles. About ten or twelve cowboys on horses would herd the cattle from the corner of West Main Street and North Seventh Avenue to the corner of East Main Street and Rouse Avenue, then north on North Rouse Avenue to East Tamarack Street, then west on East Tamarack Street to the Fairgrounds. Mr. Wagner noted that the cattle drive should be conducted in the morning because there is more traffic on the streets in the afternoon. He also indicated that it would be best to have the cattle drive at a time when the Governor would be available to watch. Mayor Pro Tempore Weaver stated that the Commission will have an opportunity to think about the proposal prior to making a decision. He noted that the Centennial Committee may have a recommendation; and the City staff wi II have an opportunity to review the proposal I and submit a recommendation. The Mayor Pro Tempore requested that this item be placed on next week's agenda for a decision. Commissioner Anderson gave each Commissioner a copy of the schedule of events at the various schools during the Education Fair, which will be held March 14 through 17, 1983. She invited the Commissioners to attend any of the events they wish. Commissioner Anderson also stated that the date for the Centennial Ball has been changed from April 9 to May 21, 03-14-83 L -7 '-1 , v 1983. The Ball will be held in the Student Union Building Cafeteria, which will be completely remodeled by May 21. Commissioner Vant Hull noted that the Commissioners have each received a letter from Deb Gorski suggesting the development of a park where the old American Legion housing was located as a Centennial Park. She asked if the Centennial Committee has reviewed the proposal. Commissioner Anderson stated that the idea has not yet been presented to the Centennial I Committee. She feels that the Committee should review the proposal if it to be a Centennial activity. She noted that the residents of the area have indicated an interest in having a lot of citizen involvement in the development of the park. Mayor Pro Tempore Weaver noted that the proposal is being presented to the Recreation Board, which must approve the plans for the park development. Appointment - Pedestrian/Traffic Safety Committee City Manager Evans noted that appointment of a member to the Pedestrian/Traffic Safety Committee has been listed on the agenda several times, but no applications have been on file for the committee. The Clerk of the Commission has recently received one application for the committee, as a result of Commissioner Anderson seeking appl ications. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission appoint Sarah Helfrich to the Pedestrian/Traffic Safety Committee for a two-year term to expi re on January 1, 1985, to replace George McClure. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Pro Tempore Weaver; those voting No, none. Legislative Update City Manager Evans stated that he and Commissioner Vant Hull attended the Urban Coal i- tion meeting in Helena on Friday. He noted that one of the most important items was discussion of the gas tax apportionment to local governments as part of the overall gas tax. He noted I that if the proposed increase in gas tax is approved, the City would receive approximately $107,000.00 during the next fiscal year, and a similar amount for Fiscal Year 1985. He stated that the City currently receives $143,000.00 in gas tax funds each year. He noted that the monies would be earmarked for construction and maintenance of streets; and purchase of capital equipment with those funds would be prohibited. The City Manager stated that more optimism was expressed concerning the Governor's Block Grant proposal than had been previously. He noted that if the revenues decline, the Block Grant might be funded at a lesser amount than originally projected. Commissioner Anderson noted that concern has been expressed that the Block Grant proposal will not do well in committee, but on the Senate floor, it might pass. Commissioner Vant Hull noted that at the Urban Coalition meeting, the need for publ ic education and support was expressed. She noted that some of the Cities and Counties have set up times for television programing to make people aware of the local government financial problems. City Manager Evans stated that he will contact Ruthmary Tonn in the County Commission- ers Office to see about scheduling a conference to make the public aware of the financial problems that Bozeman and Gallatin County are facing. He noted that members of the City Commission should be in attendance at the conference to show City concern as well as Urban Coal ition concern. Commissioner Anderson stated that the sales tax would provide an alternative to in- creased property taxes. She noted that the possibility of a sales tax seems better than it I has in the past. Commissioner Vant Hull noted that a sales tax will not be enacted during this Legisla- tive Session. She stated that a bill would have to be adopted by this Legislature that would place the sales tax before the electorate; and at the next Legislative Session, a bill would have to be adopted enacting the sales tax. Commissioner Vant Hull stated that she delivered the letters from the Commission to the Governor and Legislators on Friday. She stated that some of the Legislators indicated 03-14-83 l~' + ; 't that the letter is helpful and noted that they wish other City Commissions and Councils would submit letters. She also noted that several of those in attendance at the Urban Coalition meeting requested copies of the letter. Proclamation - "American Red Cross Month" - March 1983 Mayor Pro Tempore Weaver proclaimed the month of March 1983 as "American Red Cross Month" in the City of Bozeman. I It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission concur in the Mayor Pro Tempore's proclamation. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Pro Tempore Weaver; those voting No, none. Restoration of illumination in City Commission Room Mayor Pro Tempore Weaver stated that he has requested that this item be placed on the agenda for discussion in response to the City Court's request for assistance. He noted that the City Judge has written a letter to him, stating that the Court Clerk does not have sufficient light at her work station with the recent removal of the light bulbs in the fixture located above the northeast corner of the bench area. Commissioner Vant Hull noted that when the Department of Natural Resources and Conserva- tion Division of Energy held workshops on energy conservation, no one from the City of Bozeman attended. She talked to the gentleman who had conducted those workshops, and he has indicated a wi lIingness to come to Bozeman, walk through the various City buildings and offer suggestions and recommendations for efficiency in lighting and energy conservation. Commissioner Vant Hull then suggested that the Commission ask Assistant City Manager Barrick to contact Mr. Dave Canning and request that he review the City's buildings. Commissioner Anderson asked how often the Court Clerk works in the Commission Room. She also noted that the Clerk's comfort and ease in taking notes is a necessity. Commissioner Anderson then asked how much Mr. Canning's expenses would be. I Commissioner Vant Hull stated that no expenses would be involved because Mr. Canning travels for Sylvania. City Manager Evans stated that whoever reviews the City buildings must have good credentials that everyone recognizes and accepts, and be willing to submit a written recom- mendation on lighting and energy conservation. The City Manager stated that he would rather budget during the next fiscal year to have an engineer review all City buildings and submit written reports on each. Commissioner Anderson noted that the light should be restored for the comfort of the Court Clerk immediately. Mayor Pro Tempore Weaver noted that knowledge of sound conservation practices would be desirable. City Manager Evans stated that he is interested in the minimum lighting requirements for all of the City's work stations. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the light bulbs be restored in the light fixture above the northeast corner of the bench area immediately. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Pro Tempore Weaver; those voting No, none. Fi Ie report - Bui Idi ng I nspection Division for February 1983 City Manager Evans stated that the monthly report for the Building I nspection Division I for February 1983 appeared to be in order and recommended that it be accepted and ordered filed. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission accept the monthly report for the Building I nspection Division for February 1983 and that it be ordered filed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Pro Tempore Weaver; those voting No, none. 03-14-83 I l r~ , .... Adjournment - 5:20 p.m. There being no further business to come before the Commission at this time I it was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the meeting be ad- journed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Pro Tempore Weaver; those voting No, none. I ALFRED M. ST I FF, Mayor ATTEST: Clerk of the Commission I I 03-14-83 --....-