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HomeMy WebLinkAbout1981-09-09 02F MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA September 9, 1981 ************************* The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 9, 1981, at 1 :15 p.m. Present were Mayor MacNab, I Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Planalp and the Clerk. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Mathre. Minutes Mayor MacNab stated that the minutes of the meeting of September 2, 1981, had been distributed to each of the Commissioners. The Mayor stated that some typographical errors had been corrected and a phrase added. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the minutes be approved as corrected. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Open bids - SI D Nos. 633, 634, and 635 - Sanitary sewer, storm sewer, water and paving - I West Main Business Plaza This was the time and place set for opening bids for Special Improvement District Nos. 633, 634 and 635, sanitary sewer, storm sewer, water and paving in the West Main Business Plaza. The affidavit of publication for the IICal1 for Bidsll as advertised was presented. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the bids be opened and read. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commis- sioner Vollmer and Mayor MacNab; those voting No, none. The following bids were then opened and read: Schedule I Schedule II SID 633 SID 633 SID 634 SID 635 Mark Story Construction, Belgrade, MT $56,572.50 $ -- $35,155.00 $17,100.00 Wi II iams Brothers Construction, Lewistown, Montana $50,864.00 $ -- $23,415.00 $14,280.00 Deduct $9,000.00 if combined Underground Construction, Bozeman, MT $38,527.00 $ -- $19,947.50 $ 7,725.00 Long Construction, Bi flings, MT $ -- $67,427.50 $ -- $ -- Big Sky Paving, I nc., Bozeman, MT $ -- $69,725.00 $ -- $ -- R. H. Grover, Inc., Missoula, MT $43,009.00 $ -- $24,850.00 $ 9,893.00 Deduct $8,110.00 if combined I John-Boy Construction, Inc., Bozeman, MT $40,735.90 $ -- $40,166.20 $ 9,432.60 Will not accept a partial award on the bid It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the bids be referred to staff for review and a recommendation to be made at next week's meet- ing. The motion carried by the following Aye and No vote: those voting Aye being Com- 028 missioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Bond sale - SID Nos. 633, 634, 635 and 636 (SID 636, Peach Street paving, was killed) The City Manager advised the Commission that, according to the affidavit of publica- I tion, this was the time and place set for the bond sale of SID No. 633, watermain, sanitary sewer, storm drain and paving in the West Main Business Plaza, in the amount of $158,000.00; SID No. 634, sanitary sewer main on West Main Street, in the amount of $28,000.00; SID No. 635, sanitary sewer lateral on West Main Street; and SID No. 636, paving of two blocks of Peach Street between Rouse Avenue and Wallace Avenue, in the amount of $110,000.00. The Mayor and the City Manager outlined the procedure for conducting this bond sale and stated the amount of bonds to be sold for each district would be the same as the adver- tised amount. The Clerk of the Commission stated that there was one sealed bid. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the bidding begin. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. It was announced that oral bids for the purchase of bonds for SI D No. 633, in the amount of $158,000.00, would be received. No oral bids were received. No sealed bids were I received for SID No. 633. It was announced that oral bids for the purchase of bonds for SI DNa. 634, in the amount of $28,000.00, would be received. No oral bids were received. The sealed bid of Dr. M. L. Hultgren of Bozeman, Montana, was then opened and read as follows: Dr. M. L. Hultgren, Bozeman, Montana 10.5% It was then announced that oral bids for the purchase of bonds for SID No. 635, in the amount of $13,000.00, would be received. No oral bids were received. The sealed bid of Dr. M. L. Hultgren of Bozeman, Montana, was then opened and read as follows: Dr. M. L. Hultgren, Bozeman, Montana 10.25% The City Manager stated that the bonds for SID No. 636, in the amount of $110,000.00 would not be sold because the construction bids received had been too high. Therefore, SID No. 636 was killed. The Director of Finance recommended that the bids of Mr. M. L. Hultgren for SID No. 634, for 10.5% on $28,000.00, and for SID No. 635, for 10.25% on $13,000.00, be I accepted. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission authorize and direct the Staff to negotiate sale of bonds for SID No. 633, in the amount of $158,000.00; that the sealed bid of Dr. M. L. Hultgren for SID No. 634, for 10.5% on $28,000.00 be accepted; and that the sealed bid of Dr. M. L. Hultgren for SID No. 635, - 03D for 10.25% on $13,000.00 be accepted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Decision - Gene Graf, Jr. - Zone Map Change - R-4 to B-1 This was the time and place set for a decision on the request on behalf of Gene Graf, I Jr., for a Zone Map Change from R-4 to B-1. The proposed Zone Map Change is requested for a portion of Lot 10 in the Tai Lane Addition, and is located at 1711 South Eleventh Avenue. City Manager Evans stated that the Conditional Use Permit application on behalf of the Campus Square Theatres was heard at two public hearings conducted in the Fall of 1976. There were absolutely no protests. Further, the present zoning allows for a density of twenty apartments per acre, which could be constructed with no opportunity for public input or protest. Resurrection Parish, which borders the property on the south, and Montana State University, whose property lies across Eleventh Street, have both registered protests to the proposed Zone Map Change. The Planning Staff recommended approval of the request; the Zoning Commission recommended denial. The City Manager stated that he recommended approval of the Zone Map Change from R-4 to B-1. Commissioner Stiff stated that the Commission must listen to the contiguous land owners. He also stated that hopefully a moratorium could be set up to eliminate further growth on contiguous properties to the University until the problems can be resolved. I It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Com- mission deny the request on behalf of Gene Graf, Jr., for a Zone Map Change from R-4 to B-1 on a portion of Lot 10 in the Tai Lane Addition, more commonly known as 1711 South Eleventh Avenue. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Stiff and Commissioner Mathre; those voting No being Commissioner Vollmer, Commissioner Swanson and Mayor MacNab. Commissioner Mathre asked how the percent of protest would be applied to this matter. City Manager Evans stated that, if both protests are considered legal, the amount of protest would be over 20 percent. The City Manager stated that the question is whether or not the State can protest and if the person registering the protest is allowed by law to do so. City Attorney Planalp stated that he has read the pol icies concerning this matter, and the protests of the University are val id. He further stated that, on this matter, a 4-1 vote wou Id be necessa ry to pass the motion, si nce there was a la rge protest to the request. Commissioner Mathre stated that one of the things that had been lost in the shuffle is I the real question in the issue. She stated that many of the protests had dealt with the proposed use, and not the Zone Map Change. She stated that the question is one of whether or not a business use is appropriate in the area. Commissioner Vollmer asked if the signatures on the petition submitted by the Resurrection Parish represented more than 50 percent of the members of the church. 03.1 City Attorney Planalp stated that each of the signatures should be considered separately and not as a unit. Commissioner Swanson asked if a single enterprise discussion is allow-ed during a Zone Map Change hearing. City Attorney Planalp stated that one cannot ignore what both sides are arguing I about. He stated that one must look at the written report also. Commissioner Swanson stated that he agrees with Commissioner Stiff that the City should have a close working relationship with the University. However, both bodies are not going to agree all of the time. The City must also consider the year-round population. Steve Lere, I nterim Planning Director, presented to the City Attorney, at his re- quest, the letters of protest from the Resurrection Parish and Montana State University. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the request for a Zone Map Change from R~4 to B-1 on behalf of Gene Graf, Jr., on a portion of Lot 10 in the Tai Lane Addition, more commonly known as 1711 South Eleventh Avenue. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Vollmer and Mayor MacNab; those voting No being Commissioner Mathre and Commissioner Stiff. Mr. Jack Dredla expressed his disappointment in the decision. Decision - Robert Van Spyk - Zone Map Change - R-4 to R-Q I This was the time and place set for a decision on a request on behalf of Robert Van Spyk for a Zone Map Change from R-4 to R-O. The proposed Zone Map Change is requested for Lots 41 and 42, Block E of Tracy's Second Subdivision, and is located at 502 West Lamme. The City Manager concurred in the recommendation of the Planning Staff and the Zoning Commission for denial of the request. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission deny the request on behalf of Robert Van Spyk for a Zone Map Change from R-4 to R-O for Lots 41 and 42, Block E of Tracy's Second Subdivision, more commonly known as 502 West Lamme. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. Decision - Don Weaver - Zone Map Change - RS-1 to R-1 This was the time and place set for a decision on the request on behalf of Don Weaver for a Zone Map Change from RS-1 to R-1. The proposed Zone Map Change is re- I quested for a fifteen (15) acre parcel of land located in the northwest quarter of Section 19, Township 2 South, Range 6 East, M. P.M., and is located between Thompson's Third Addition and the Valley View Golf Club. The City Manager stated that the recommendation from the Planning Staff is for ap- proval, and the Zoning Commission had recommended denial of the request. City Manager 03? Evans concurred with the Planning Staff recommendation, and recommended approval of the request. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the request on behalf of Don Weaver for a Zone Map Change from RS-1 to R-1 on a fifteen (15) acre parcel of land located in the northwest quarter of Section 19, Township 2 South, Range 6 East, M.P.M., and located between Thompson's Third Addition I and the Valley View Golf Club. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Discussion ~ assessment on I ighting districts (resolution) City Manager Evans stated that at last week's meeting, the Staff had presented to the Commission a proposal for an increase in the percentage assessed to the landowner on the lighting districts. The City Manager stated that the Staff proposes to place before the Com- mission, for approval at next week's meeting, a resolution assessing the landowners B7. 5 percent of the charges for the lighting districts, and paying 12.5 percent of the costs from the City of Bozeman General Fund. The City Manager stated that the reason behind this increase is that these lighting districts are created to benefit certain areas of the community. Therefore, it is felt that they should also pay the costs for these districts. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the I Commission instruct the Staff to prepare a resolution setting the annual assessments for lighting districts at B7. 5 percent of the charges to the landowners and 12.5 percent of the charges to be paid from the City of Bozeman General Fund. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Discussion of proposed resolution - Tax relief for local industrial manufacturing development City Manager Evans stated that, at the last Legislative Session, the Legislature passed a bi II which would allow local governments to offer tax relief benefits to industrial manufacturing firms. The City Manager stated that this would be done only on a case-by- case approval by the City Commission, and would not be a blanket benefit for everyone. The City Manager also stated that this tax relief is supported by the Chamber of Commerce. Commissioner Vollmer asked if this tax relief would be for manufacturing industrial developments, or if it would be available also to those who presently have established busi- nesses within the city. He also expressed a concern for those business presently here if they are not offered the same benefits. I Mayor MacNab asked what criteria would be used for the granting of approval of this tax rei ief. Also, what would be used for denial of applications for this tax relief. The City Manager stated that criteria would have to be developed for approval or denial of the applications for tax relief. 033 Mayor MacNab stated that it is not realistic to give a tax relief break to the manufac- turing industrial developments when all of the City services are being provided to them. Commissioner Swanson feels that Bozeman is attractive enough to manufacturing indus- trial developments to consider without providing a tax relief benefit. City Manager Evans stated that this is simply an option which is avai lable to local I governments at the present time. He stated that he proposed the idea to the Commission to see what their desires were. Mr. Mac Bryant, Manager of the Bozeman Chamber of Commerce, stated that the purpose of this proposal is to support new industry or local industry which is expanding. Mr. Bryant stated that he also sees a need for further study on this matter before a decision is reached. He recommended that a committee be formed to do further research on the matter and provide information to the City Commission. Mayor MacNab requested that the matter be placed on the agenda for the October 14 City Commission meeting for further discussion. Request - Chamber of Commerce - waive landfill fees for Wally Byam Rally - June 28 - July 4, 1982 City Manager Evans presented to the Commission a request on behalf of the Bozeman Chamber of Commerce for a waiver of the landfill fees for the Wally Byam rally site, for a rally to be held on June 28 through July 4, 1982. The City Manager stated that this policy has been followed in the past and recommended that these fees be once again waived, in I view of the activity and benefit to the community. Commissioner Mathre stated concern about the fact that there is no sales tax. She stated that this activity benefits the local business people, but the City government does not receive any of the funds. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the request of the Bozeman Chamber of Commerce for a waiver of the landfill fees for the Wally Byam rally site for the rally to be held on June 28 through July 4, 1982. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Request - Bozeman Downtown Merchants Association and Bozeman Downtown Development Association, Inc. - removal of two remaining "No Left Turn" signs on Main Street City Manager Evans presented to the Commission a request on behalf of the Bozeman Downtown Merchants Association and the Bozeman Downtown Development Association, Inc. , for removal of the two remaining "No Left Turn" signs on Main Street. These signs are I located at Willson Avenue and Bozeman Avenue. The City Manager stated that the City Staff has no objections to the removal of these two signs. Commissioner Mathre stated that the purpose of the one-way couplet was to removal a lot of the traffic from Main Street. She stated that this should minimize the effect of the "No Left Turn" signs being removed. 031! It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the request of the Bozeman Downtown Merchants Association and the Bozeman Downtown Development Association, Inc., for removal of the two remaining "No Left Turn" signs on Main Street, and that if this is found to be a hindrance, the signs will be placed back on Main Street. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commis- I sioner Swanson and Mayor MacNab; those voting No, none. Discussion - sidewalk sales and signs (Downtown Merchants Association recommendations) City Manager Evans presented to the Commission a proposed policy on sidewalk sales and signs, as submitted by the Bozeman Downtown Merchants Association. The City Manager stated that the Commission had proposed to establish a policy limiting the number of sidewalk sales that would be allowed and other activites that would be allowed in the downtown busi- ness district. Commissioner Mathre asked if there would be any problem with four sidewalk sales during the year. City Manager Evans stated that there would be no problem if it is an advertised event and as long as a number of stores are doing the same thing so that the public is aware of the event. The City Manager feels that it is a good commercial activity for the merchants. He stated that requests are to be far enough in advance so that advertising can be done. The City Manager further stated that the idea is to have an unobstructed walkway for the I public and maintain a certain business atmosphere in the area. He also stated that the com- petition with the shopping centers should be considered. Commissioner Swanson stated that he feels the pol icy should be more restrictive than the pol icy presented by the Bozeman Downtown Merchants Association. City Manager Evans recommended revising the policy and discuss the changes with the Bozeman Downtown Merchants Association. Mr. Steve Quayle stated that a proposal for sidewalk benches, trees and planters will be presented to the Commission in the near future for consideration. Mr. Bill Sheehan, Bozeman Army Navy Store, stated that the proposal submitted for consideration on the sidewalk sales had been prepared by the downtown merchants them- selves. Mayor MacNab referred the matter to the Staff for further revision, and directed the Staff to place the item on the agenda again for further discussion and action. Request - Bozeman Downtown Merchants Association - outdoor promotion - September 19, 1981 City Manager Evans presented to the Commission a request on behalf of the Bozeman I Downtown Merchants Association for an outdoor promotion to be held on September 19, 1981, in conjunction with the Draft Horse Show. The City Manager recommended approval of the request as it is a sponsored activity of the Bozeman Downtown Merchants Association. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the request on behalf of the Bozeman Downtown Merchants Association 035 for permission to sponsor an outdoor promotion to be held on Saturday, September 19, 1981. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. I Proclamation - "Employ the Older Worker Week" - September 6-12, 1981 Mayor MacNab proclaimed the week of September 6-12, 1981, as "Employ the Older Worker Weekll in the City of Bozeman and urged all employers to consider carefully the skills and other qualifications of men and women aged 40 and over when they hire new workers. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission concur in the Mayor's proclamation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Proclamation - "United Way Days" - September 12 - October 12, 1981 Mayor MacNab proclaimed the period of September 12 to October 12, 1981, as "United Way Days" in the City of Bozeman and encouraged all citizens and businesses to cooperate in this campaign. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission concur in the Mayor's proclamation. The motion carried by the following Aye and I no vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Presentation on behalf of United Way Mr. Nick Nixon presented brochures to each of the Commissioners, showing the local charities involved in the United Way. Mr. Nixon stated that there were 18 charities in the organization last year, and this year there are 20 charities. Mr. Nixon covered each of the 20 charities and highl ighted the activities of many of these charities. Last year, the United Way raised $125,000.00 in pledges and contributions. This was a 25 percent increase over the previous year, while the national average was an 8 to 10 per- cent increase. Mr. Nixon stated that the United Way would attempt to reach a 25 percent increase in pledges and contributions again this year. Mayor MacNab thanked Mr. Nixon for his presentation. Discussion - proposed standard fence design for trees planted on public right-of-way (sidewalks) City Manager Evans stated that the City Commission had requested that a design be I proposed for fences to be placed around trees planted on public rights-of-way (sidewalks) in the downtown area. The City Manager stated that the City Engineer had submitted drawings of the existing fences placed around trees in the downtown area. The City Manager stated that the height and the circumference of the fence should be considered; however, he did not feel that a particular design should be established. 03r: ~:. \. \..... Mayor MacNab recommended that a minimum and maximum height and circumference be establ ished and then let each individual business make the decision on the design, as long as it is aesthetically pleasing. Assistant City Manager Barrick raised the question of how far apart or how close the upright bars may be to each other. He stated that he would check the Building Code to see if the matter is addressed. I Commissioner Swanson recommended consideration of who would provide the mainte- nance of the tree after it is planted. He feels that there should be something written into the policy that, if a present owner sells the business after planting a tree, the new owner would be responsible for maintenance of that tree. The Mayor referred the matter to the Staff for further research and requested that it be placed on the agenda again for further consideration and adoption of a policy. Discussion - garbage rates for Fiscal Year 1981-1982 City Manager Evans stated that the Staff has been reviewing the garbage rates for the past fiscal years and projected expenditures for the present fiscal year. Director of Finance Amy Swan stated that assessments are made once a year. She stated that landfill assessments are made on all property within the city upon which a building is located. and garbage assessments are made on those properties which have City garbage pick-up. She stated that the general consensus is that the landfill and garbage fees are not sufficient and should be raised. She also stated that the City is faced with a I system of fees that may not be consistent. The Director of Finance stated that the Garbage Fund has been losing money during the past three fiscal years, and this loss has been made up from the General Fund. She proposed a straight across-the-board 25 percent increase in the garbage rates for Fiscal Year 1982. Director of Finance Amy Swan also proposed the discontinuation of dumping permits after June 30, 1982. She stated that the Staff proposes to place an ordinance before the City Commission during the Spring of 1982. In this proposed ordinance, the landfill fees would be discontinued, and there would be an increase in garbage fees and a gate fee established. City Manager Evans stated the the present landfill has a life expectany of 10 to 17 years. He stated that the City may have to consider its service to rural residents, and may have to limit use to those within the City limits. The City Manager also stated that the City Engineer and Sanitation Superintendent had observed the side arm garbage trucks in operation which require only one operator. He stated that this may be considered as a way to save costs to the City. Mayor MacNab stated that several months ago, a proposal was received for removal of I cardboard from the landfill. He recommended looking at this as a possible way to reduce the garbage and provide some income to the City. City Manager Evans stated that it takes a very large activity to make anything along this line commercially feasible. 037 Commissioner Stiff asked if a 25 percent increase would be competitive with the in- dependent haulers. City Manager Evans stated that it would still be considerably lower than the private carriers. Commissioner Mathre asked if cogeneration is still a viable possibility. I City Manager Evans stated he does not feel that the University is interested in the possibility of cogeneration at this point. The Mayor referred the matter back to staff and requested that it be placed on the agenda for further discussion and possible action. Authorize call for bids - Street Department - One (1) industrial wheel loader City Manager Evans presented to the Commission a request for permission to call for bids for one (1) industrial wheel loader for the Street Department. The City Manager stated that this was a budgeted item for this fiscal year and recommended approval. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission authorize the Call for Bids for one (1) industrial wheel loader for the Street Department. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. I Authorize call for bids - Police Department - radio system for Police Division City Manager Evans presented ,to the Commission a request for permission to call for bids for a radio system for the Police Division. The City Manager stated that this was a budgeted item in this fiscal year and recommended approval. The City Manager stated that the cost of this unit might be more than the amount budgeted. In this event, the Police Division would sell the equipment they presently own so that funds would be available to purchase the new equipment. He stated that the Police Division would be allowed to sell this equipment to another governmental unit without receiving bids. The Mayor stated that acceptance of bids would probably provide the most funds pos- sible. Mayor MacNab stated that a high-low complex will be needed to communicate with other entities and departments. Acting Chief Dick Boyer gave a brief outline of the capabilities of the proposed new system. Among those capabilities is the high-low complex. Also, it is a much more compact system with many more features than the present system. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission authorize the Call for Bids for a new radio system for the Police Division. The I motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. 038 Request - permission to attend meeting in Billings, Montana - September 22, 1981 - Di rector of Finance Amy Swan City Manager Evans presented to the Commission a request on behalf of Di rector of Finance Amy Swan for permission to attend a meeting in Bi lIings, Montana, on September 22, 1981. The City Manager stated that this meeting is to be held the day immediately preceding the Montana League of Cities and Towns Convention, including the Director of Finance from I Billings and the Director of Finance from Bozeman. The City Manager stated that he feels this request should be approved. He stated that the City of Billings has some things in place and is doing other work that the City of Bozeman could benefit from. Also, the City of Bozeman may be able to assist the City of Billings in some ways. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the request of the Director of Finance to attend a meeting in Bi lIings, Montana, on September 22, 1981 and, it being in the publ ic interest, the expenses be paid out of the appropriate funds. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commis- sioner Vollmer and Mayor MacNab; those voting No, none. Advertisement of change of meeting date - September 23, 1981 to September 22, 1981 City Manager Evans stated that on July 29, 1981 the Commission had approved the change of the date for the regular Commission meeting from September 23 to September 22, 1981 . He stated at that time, the Commission had instructed the Staff to place an ad- vertisement in the newspaper informing the publ ic of such a change of meeting date. The I City Manager then read the proposed advertisement. Mayor MacNab instructed the Staff to place the advertisement in the newspaper as submitted. Reconsideration of City contingent 1 , 1981 - City Manager Evans stated that a City Commission candidate had submitted a request for reconsideration of the decision regarding the make-up of the City contingent for visita- tion to the Bozeman Creek drainage properties on Friday, September 11, 1981. Commissioner Stiff stated that last week the Commission voted on the matter of paying for spouses' expenses to attend the Montana League of Cities and Towns Convention, as well as to other spouses' functions. He stated that he was slightly uncomfortable with that decision, but felt that the matter had been resolved, so it should not be reconsidered. Commissioner Stiff then stated that the make-up of the City contingent for visitation to the Bozeman Creek drainage properties had been voted on 5-0. He stated disappointment in Mary Vant Hull for the request for reconsideration of the matter. I Mary Vant Hull stated last week five people asked if they could occupy the empty seats. She stated four City Commission candidates had indicated interest in attending, and were willing to accept a straw vote if one or two of them could attend. She stated that she was not asking just for herself, but for everyone interested. She stated she felt the 039 Commission could be more responsive to requests. She stated she was disappointed that the Commission did not make a provision for the candidates to attend. Commissioner Stiff stated that if the Commission were to be responsive to everybody, they would get no work done. He told Mary Vant Hull that, if she wins the votes, it will be her problem. Right now, it is the present City Commission's problem. I Mayor MacNab viewed the invitation from the Forest Service as he would a social invitation. He stated that you don't invite somebody else along to those functions. Mary Vant Hull stated that she had spoken with the Forest Service, and they had stated that the City would make the decision on whether or not candidates would be allowed to attend. Commissioner Mathre stated that she would like to reconsider the matter because she had not thought about the possibility of a straw vote. Commissioner Stiff said that he could not justify a lottery or playing favorites. Mary Vant Hull stated that, if the City Manager would read her letter, they would find that she is not asking for just herself, but for three other candidates as well. City Manager Evans stated that the position of City Manager is not political. He stated that he resented being put into a political process. He stated that he believes that this is an item for the City Commission to decide, and he will make no recommendation on the matter. It was moved by Commissioner Mathre that the Commission reconsider its action of I Wednesday, September 2, 1981, regarding the makeup of the City contingent for visitation to the Bozeman Creek drainage properties on Friday, September 11, 1981. The motion died for lack of a second. City Manager's recommendation of an architect for the Old Library Bui Iding renovation City Manager Evans recommended Mr. Bill Grabow as the architect for the Old Library Building renovation. He stated that in recent times, the City has hi red various architects for the construction which the City has undertaken. He stated that this had been a factor, as well as the fact that he has faith in Mr. Grabow as an architect. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve Mr. Bill Grabow as the architect for the Old Library Building reno- vation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. Permission to attend - Water and Waste Water Plant Operators and Managers School - MSU - I September 14-18, 1981 - Don Noyes and Ray Armstrong City Manager Evans presented to the Commission a request on behalf of Don Noyes and Ray Armstrong for permission to attend the Water and Waste Water Plant Operators and Managers School to be held at MSU on September 14-18, 1981. The City Manager stated that the cost for registration is $45 per person, and he recommended approval of the request. It was mov.ed by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the request on behalf of Don Noyes and Ray Armstrong for permission to ."..'"'. :: 0[./; \" t l..; attend the Water and Waste Water Plant Operators and Managers School to be held at MSU on September 14-18, 1981 and, it being in the public interest, the expenses be paid out of the appropriate funds. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Report - Bui Iding Inspection - August 1981 I City Manager Evans stated that the monthly report for the Building Inspection Division for August 1981 appeared to be in order and recommended that it be accepted. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission acknowledge the report of the Building I nspection Division for August 1981 and that it be brought back to the Commission next week for filing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. file reports - Police Court - monthly reports for July 1980 throu h June 1981, calendar year 19 0 and fiscal year 1981 City Manager Evans stated that the Police Court monthly reports for July 1980 through June 1981, calendar year 1980 and fiscal year 1981 appeared to be in order and recommended that they be accepted and ordered fi led. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the reports be accepted and ordered filed. The motion carried by the following Aye and No I vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson and Mayor MacNab; those voting No, none. Request - Bozeman Masonic Lodge Nos. 6 and 18 - permission to participate in dedication of New Publ ic Library Mayor MacNab presented to the Commission a request on behalf of Bozeman Masonic Lodge Nos. 6 and 18 for permission to participate in the dedication ceremonies to be held for the New Publ ic Library during the week of September 14-18, 1981. The Mayor stated that the agenda for the dedication had already been printed and sent out. He stated that he had two times listed during these ceremonies, one for the dedication of the Library and one for the unveiling of the plaque. He stated that he would allow the Bozeman Masonic Lodge Nos. 6 and 18 to use the time which had been allowed to him for the dedication. Commissioner Mathre noted that the planning of the dedication program had been done through the Library Board. City Manager Evans stated that, historically, the Masonic Lodges have participated in I the dedication of public buildings. He feels that it would add to the ceremony. Mayor MacNab asked Mary Vant Hull if she, as a member of the friends of the Gallatin County Libraries, would have any objection to the Bozeman Masonic Lodge Nos. 6 and 18 using the time which had been allowed to him for dedication of the New Public Library. Mary Vant Hull stated that she had no objections. .. 041 The Mayor then asked City Manager Evans to contact Mr. John Parker, Library Board member, regarding the change. Adjournment - 3:50 p.m. There being no further business to come before the Commission at this time, it was I moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre and Mayor MacNab; those voting No, none. DUNCAN S. MAC NAB Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I I