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HomeMy WebLinkAbout1981-05-06 328 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 6, 1981 ********************** I The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 6, 1981, at 1:15 p.m. Present were Mayor Protempore Stiff, Commissioner Swanson, Commissioner Mathre, Interim City Manager Evans, Interim Assistant City Manager Barrick, City Attorney Planalp and the Interim Clerk. Excused from the meeting in compliance with Section 7-3-4349, M.C.A., were Mayor MacNab and Commis- sioner VoHmer. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Ma thre . The minutes of the meeting of April 29, 1981, were approved as submitted. Authorize Absence of Commissioner Vollmer Interim City Manager Evans recommended that the Commission authorize the absence of Commissioner Vollmer due to his continued hospitalization. He gave a brief report on Commissioner Vollmer's condition, stating that if all conditions remain as they are at the present time, he may be released from the hospital on Friday, May 8. I It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commissioner Vollmer be excused from this meeting in compliance with Section 7-3-4349, M.C.A. The motion was carried by the following Aye and No vote: those voting Aye being Commis- sioner Swanson, Commissioner Mathre and Commissioner Stiff; those voting No, none. Special Commission Meeting - 10:00 a.m. Tuesday, May 12, 1981 - Joint meeting with Audit Committee and Coopers & Lybrand - Present and future audit activities Interim City Manager Evans presented the Commission with the time and date set for a Special Commission Meeting with the Audit Committee and Coopers & Lybrand. He stated that the Commission had set the date of the special meeting at the April 22, 1981, Commis- sion and requested that they approve the time set. It was moved by Commissioner Mathre, seconded by Commissioner Swanson, that the Commission set the Special Commission Meeting. joint with the Audit Committee and Coopers & Lybrand, for 10: 00 a.m. on Tuesday, May 12, 1981. The motion was carried by the following A ye and No vote: those voting Aye being Commissioner Mathre, Commissioner Swanson and Commissioner Stiff; those voting No, none. I Public hearing - BM X Track proposal - Westlake Park This was the time and place set for a public hearing on the proposed BMX (non-motor- ized) track to be located in Westlake Park. Interim City Manager Evans read the recommenda- tion from the Park-Recreation Board. which approved the Westlake Park site. Interim City Manager Evans stated that this park is an undeveloped park located on North Fifth Avenue, H29 just north of the Darlinton Manor. He also stated that the County has agreed to haul dirt to this site if it is selected for the BMX track. Commissioner Stiff opened the public hearing. Dan Ardesson stated that all concerned with the BMX track feel that this is a fine I site and see no problems with it. No one was present to protest the proposed location of the BMX track. Commissioner Stiff closed the public hearing. Interim City Manager Evans concurred in the recommendation of the Park-Recreation Board and recommended approval of the site. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the proposed site of Westlake Park for the location of a BMX (non -motor- ized) track. The motion was carried by the folhwing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, and Commissioner Stiff; those voting No, none. Proposed City Obscenity Ordinance Interim City Manager Evans read a letter from the City A ttorney regarding the pro- posed obscenity ordinance. His recommendation was to withhold response until such time as the book store is opened and its contents examined. He also stated that he would withhold his opinion of the proposed ordinance until the Commission decides that additional legislation I is necessary. Interim City Manager Evans then stated that the issue would be looked at from a legal point of view rather than a hysterical point of view. Commissioner Stiff then opened the discussion for those present. No one was present to oppose the proposed obscenity ordinance or support the adult book store. There were over 100 people present to support the proposed obscenity ordinance and oppose the proposed adult book store. Mike Coil, attorney for a group of concerned citizens, submitted to the Commission a petition with signatures eventually totaling 1,844. The petition requests "the City Commission to immediately adopt the proposed May 1, 1981, obscenity statute." Mr. Coil stated that the control of obscenity is left to each community. He also questioned whether the old statute on the City of Bozeman books is valid and stated that he feels it should be updated. Mr. Coil stated that he had submitted the proposed ordinance to the Mayor in August of 1980, after which it went to the City Attorney. At that time, no action was taken on the matter. Mr. Coil then requested that the City Commission suspend the license granted to Mr. I Bauer for a period of sixty days, as provided in Section 3.04.120 of the Bozeman Municipal Code, to allow a chance for citizen input and allow time to enact an obscenity ordinance. Mr. Coil also questioned if the City had met all the requirements in issuing the license or if there had been an error made on the part of the City staff in its issuance. Mr. Coil stated that the proposed obscenity ordinance was one from Texas, and it had been upheld as constitutional in Texas and was denied review by the U. S. Supreme Court. ~._-- 330 City Attorney Planalp stated that until the City Commission has concrete evidence, not just hearsay and articles in the newspaper, they would be un wise to suspend the license and would have nothing that would stand up in a court of law. He recommended that the City Commission and local law enforcement officials act upon concrete evidence. I Mr. Coil stated that the legislative body has the power to suspend the license to in- vestigate the process of licensin g the business. He also stated that the purpose of the busi- ness should have been listed on the application for a business license. He stated that he felt the Commission should have held a public hearing on the application before issuing the Ci ty License. Mr. Rick Sorum stated that the paraphenalia in the store had been seen by an area minister, who was not present at the Commission meeting. He also stated that Mr. Bauer had encouraged pickets as a method of publicity for his store. He stated that pornography is a growing business and that they are now looking to Bozeman as a new area. Rev. Howard MacDonald, pastor of the Temple Missionary Baptist Church, stated his concern for the youth. He stated that they now get alcoholic beverages without purchasing them, and they would also be able to get the pornographic materials without purchasing them. He also stated that it seems that one pornographic store leads to another one. Mr. Herb Richards stated that the citizens of the area are aroused and concerned. He stated that the major concern is with the youth of the community and the lack of regu- lations is shirking the duties of the citizens and the Commissioners. I Mr. Butch Gowan requested suspension of the license. He also stated that if the current statute had teeth in it, there would be no opening of the book store. Rev. Bill Zastrow, Youth Director at the First Lutheran Church, was concerned about what it would do to the downtown area and the downtown businessmen. He stated that Bozeman should set a precedent where other cities in Montana have failed. Mr. Doug French stated that as far as he is concerned, the book store will not open its doors in Bozeman. Mr. Chuck Poliafko stated that he has seen other communities with such book stores and does not want to see one in Bozeman. Rev. Fritz Keiper, Kirkwood Baptist Church, stated that the City Commission should check on each business that wants to come into Bozeman. He also presented two petitions to the Commission, one from the Four Corners area and one from the Kirkwood Baptist Church. These petitions are included in the count listed above. He also stated that if God had wanted us to have such paraphanelia, he would have given us accessory packets. Mr. Steve Quayle, Bozeman Downtown Development Association, is concerned about I the atmosphere of the downtown area. As it is now, it is a family area. He stated that the Downtown Development Association strongly opposes the adult book store. He also stated, "When God created Adam and Eve, he knew what he was doing. He didn't create Adam and Irving. " Rev. Red Barry, Four Corners Baptist Church, stated that the City Commission has enough legal framework to suspend the license. He also asked the Commission if they would give righteousness a break or not. 331 Mr. Ivan Newnham stated that we don't make laws until we need them. He feels tha t there is no place in Bozeman for an adult book store. Rev. John Weaver. Christian Center Church, stated that if the Commission has the power to close a school. it has the power to close an adult book store. I Rev. Alvin House. pastor at large. stated that people gravitate to Bozeman to shop, so that matter includes people outside the city of Bozeman itself. He requested a 60-day suspension of the license to research the matter. He stated that there had been a meeting of the pastors of the area on Wednesday morning. Twenty-eight pastors had attended the meeting. and all felt time was necessary to research the matter thoroughly. They also urged passage of an obscenity ordinance. Rev. Barry Lux, pastor of the First Lutheran Church. stated that once the adult book store was opened, it would be hard to close it. Mr. Mike Coil stated that there was obviously a lot of concern over the issue. He also stated that it is a difficult matter from an enforcement standpoint. The City Attorney stated that the Commission needed sufficient concrete evidence that the adult book store would be detrimental to the moral fiber of the community to sus- pend the license. He recommended that the staff investigate and report back to the Com- mission when the business is open. Commissioner Stiff closed the discussion. I Interim City Manager Evans recommended that the matter be referred to the City At- torney and Interim City Manager and brought back before the Commission next week for a decision. It was moved by Commissioner Mathre that the request for suspension of the license for a sixty-day period be referred to the City Attorney and Interim City Manager for re- search and brought back to the Commission next week. The motion died for lack of a second. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission suspend the license of Mr. John Bauer for an adult book store effective immedi- ately through May 28. 1981, so the staff can research to the matter and determine if the license was issued properly; if it violates any local, state or federal laws; and if it would hurt the moral fiber of the community. The staff is to review the state statute and pro- posed ordinance and bring the matter back to the Commission on May 13. The motion was carried by the folhwing Aye and No vote: those voting Aye being Commissioner Swanson and Commissioner Stiff; those voting No being Commissioner Mathre. I Continued public hearing - Bob Lee (Don Weaver) - Master Plan Amendment - RS-1 to R-2 Interim City Manager Evans presented a letter from Don Weaver requesting that the public hearing be continued until such time as there is a full five-member Commission present. Commissioner Stiff opened the public hearing and continued it until such time as there is a full five-member Commission present. 332 Public hearing - J. R. Williams and R. L. Hawks - Zone Map Change - R-4 to R-Q This was the time and place set for a public hearing on the request of J. R. Williams and R. L. Hawks for a zone map change from R-4 to R-Q on property located at 1016 West Babcock Street. Commissioner Stiff opened the public hearing. I Paul Bolton stated that the Planning Staff had recommended approval and the Zoning Commission had approved the request. Dr. Hawks stated that the reason for the zone map change request was that there is an area for two apartments on the second floor of the building, as well as a small office rental space on the main floor. He stated that the change from R-4 to R-Q would require two less parking spaces and allow for more landscaping. Dr. Hawks also stated that they would be working on the parking ht this week and asked if the one-week delay could be waived. No one was present to protest the request. Commissioner Stiff closed the public hearing. It was moved by Commissioner Mathre, seconded by Commissioner Swanson, that the Commission waive the customary one-week interval before the decision. The motion was carried by the folhwing Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Swanson and Commissioner Stiff; those voting No, none. It was then moved by Commissioner Swanson, seconded by Commissioner Mathre, that I the Commission approve the request of J. R. Williams and R. L. Hawks for a zone map change from R-4 to R-Q on property located at 1016 West Babcock Street. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commis- sioner Mathre and Commissioner Stiff; those voting No, none. Public hearing - Maurice Klabunde - Zone Map Change - R-4-T to B-2-T - to be continued This was the time and place set for a public hearing on the request of Maurice Klabunde for a zone map change from R-4-T to B-2-T. The applicant has requested that this matter be continued indefinitely. Commissioner Stiff opened the hearing and continued it indefinitely. Public hearing - Kirkwood Baptist Church - Conditional Use Permit This was the time and place set for a public hearing on the request from the Kirkwood Baptist Church for a conditional use permit for the building located at 309 North 15th Avenue. The proposed use would be for medical offices. Commissioner Stiff opened the public hearing. I Paul Bolton presented to the Commission a petition which had been signed by many people in the area supporting the request for the conditional use permit. He stated that the requested use would be for medical offices, which are a conditional use in an R-3 dis- trict. He stated that it had been approved by the Planning Staff and the Zoning Commission wi th condi tions attached. He stated that the Planning Staff is also waiting for some informa- tion on the final site plan, but sees no problems. ;133 Rev. Fri tz Keiper, Pastor of the Kirkwood Baptist Church, stated that the final site plan is being prepared and should be presented to the Planning Staff this week. No one was present to oppose the request. Commissioner Stiff closed the public hearing. I It was moved by Commissioner Mathre, seconded by Commissioner Swanson, that the Commission waive the customary one-week interval before the decision. The motion was carried by the folhwing Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Swanson and Commissioner Stiff; those voting No, none. It was then moved by Commissioner Swanson, seconded by Commissioner Mathre, that the request for a conditional use permit by the Kirkwood Baptist Church for property lo- cated at 309 North 15th Avenue be approved, subject to the folhwing conditions: 1. Final site plan to include: a. elevation sketch for garbage enclosure and description. b. landscaping provisions as required by conditional use section of Zoning Code. c. scale drawing of one inch equals twenty feet. d. name of project. e. identify easement. f. indicate driveway width. g. indicate sign provisions. h. describe fencing material and provide sample sketch. i. provide building elevation information per item on Page three (3) of the Staff Report. 2. Three (3) copies of a final site plan containing all conditions, corrections and modifica- tions recommended and approved by the City Commission shall be reviewed and approved by the Planning Director prior to the issuance of a building permit for the project. One (1) signed copy shall be retained by the Planning Director; one (1) signed copy retained by the Building Department; and one (1) signed copy retained by the applicant. I 3. All on-site improvements (i.e., paving, landscaping, etc.) shall be completed within eighteen (18) months of approval of the Conditional Use Permit and as shown on the ap- proved final site plan. 4. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following institution of the use and shall be submitted to the City Commission for renewal as specified on the Conditional Use Permit. Failure of the applicant to satisfy all con- ditions within the designated time period may be grounds for terminating the Conditional Use Permit. If all required conditions have been satisfied, the permit shall be permanently renewed. The motion was carried by the folbwing Aye and No vote: those voting Aye being Commis- sioner Swanson, Commissioner Mathre and Commissioner Stiff; those voting No, none. Public hearing - Gordon Hudson - Zone Map Change - PLI to AS This was the time an place set for the public hearing on the request of Gordon Hudson for a zone map change from PLI to AS on approximately 194 acres located in Story Hills. Commissioner Stiff opened the public hearing. Paul Bolton stated that the request changes the zoning back to what it was in 1973, when the Story Hills project was first begun. Rick Mayfield, representing Mr. Gordon Hudson, stated that he requests the change I so that it can be used for private use rather than public use. He stated that the applicant desires to build a home on this land. No one was present to protest the request. Commissioner Stiff closed the public hearing. It was moved by Commissioner Mathre, seconded by Commissioner Swanson, that the Commission waive the customary one-week interval between the hearing and the decision. 334 The motion was carried by the following Aye and No vote: those voting Aye being Com- missioner Mathre, Commissioner Swanson and Commissioner; those voting No, none. It was then moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the request of Gordon Hudson for a zone map change from PLI to AS on approximately 194 acres located in Story Hills. The motion was carried by the foI- I lowing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre and Commissioner Stiff; those voting No, none. Paul Bolton stated that Gordon Hudson had also requested a partial refund of the $475.00 fee paid for the zone map change. Rick Mayfield stated that he felt that the Planning Staff had not used sufficient time and materials to justify the char ge. He requested that the Commission consider a partial refund. Paul Bolton stated that the Planning Staff did not, in fact, use $475.00 worth of time and materials on this project. The Zoning Commission had denied the request, stating that they were afraid that it might set a dangerous precedent. Interim City Manager Evans stated that this had not been an agenda item and objected to the interjection of the request. He recommended that the matter be considered at next week's meeting, when it is listed as an agenda item. Commissioner Stiff requested that the Interim City Manager place the request for a par- tial refund of the $475.00 fee on next week's agenda. I Public hearing - Planning Staff - Zone Code Amendment - to delete conflicting fee schedule references This was the time and place set for the public hearing on the request of the Planning Staff for a zone code amendment to Sections 18.72.120 (Conditional Use Permit Fees), 18.75.050 (Application and submittal requirements for Planned Unit Development), and 18.93.040 (Board of Adjustment Procedure). Commissioner Stiff opened the public hearing. Paul Bolton stated that when the Planning Staff received approval for the new fee schedule, they had inadvertently left out the changes in the above-referenced sections. He stated that the fee schedules listed in the Zoning Code are now different in the different sections. This would simply correct the incorrect fee schedules in these sections so that both sections read the same. No one was present to oppose the proposed zone code amendment. Commissioner Stiff closed the public hearing. It was moved by Commissioner Mathre, seconded by Commissioner Swanson, that the Commission waive the customary one-week interval before the decision. The motion was carried I by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commis- sioner Swanson and Commissioner Stiff; those voting No, none. It was then moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the request of the Planning Staff for a zone code amendment for :135 Sections 18.72.120 (Conditional Use Permit Fees), 18.75.050 (Application and submittal re- quirements for Planned Unit Development), and 18.93.040 (Board of Adjustment Procedure). The motion was carried by the following Aye and No vote: those voting Aye being Commis- sioner Swanson, Commissioner Mathre and Commissioner Stiff; those voting No, none. I Request - Roskie Hall, MSU - Conduct party in Lindley Park - May 16, 1981 Interim City Manager Evans presented a request on behalf of Roskie Hall on the Montana State University campus for permission to hold a party in Lindley Park on May 16, 1981. The requested party would begin at 3: 00 p. m. and last until around midnight, with a band beginning to play at 8:00 p.m. They also requested permission to have beer in the park. The Interim City Manager stated that he had spoken with the Chief of Police, Park Superintendent and Interim Assistant City Manager, and all concurred in the recommenda- tion that the request be denied. The Interim City Manager also reminded the Commission I of the ordinance which closes Lindley Park after dark. Also, this park is located in a residential neighborhood. It was moved by Commissioner Mathre, seconded by Commissioner Swanson, that the Commission concur in the recommendation of the Interim City Manager and deny the request of Roskie Hall, Dcated on the Montana State University campus, to have a party in Lindley Park to be held on May 16, 1981. The motion was carried by the following Aye and No . I vote: those voting Aye being Commissioner Mathre, Commissioner Swanson and Commissioner Stiff; those voting No, none. Request - TW A Service, Inc. - Request for Variance - Wood sign in Fire Zone I Interim Assistant City Manager Barrick presented the request from T.W.A. Service, Inc., for a variance to place a wood sign in Fire Zone 1. The proposed sign would be located at 625 North 7th Avenue. It would be a 3' x 5' wood sign, hung below the present Grey hound sign. It would be 8'4" above grade level and does not project over public property. Interim Assistant City Manager Barrick stated the the Building Inspection De- partment recommended approval of the request from T.W.A. Service, Inc. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the request of T.W.A. Service, Inc., for a variance to place a wood sign in Fire Zone I. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre and Commissioner Swanson; those voting No, none. I Request - Gallatin Empire Lions Club - Hang three banners - "National College Rodeo Finals" - June I-ll, IYIH Interim City Manager Evans presented the request from the Gallatin Empire Lions Club for permission to hang three banners for National College Rodeo Finals during the period from June 1 through June 22, 1981, along with the required fee. Interim City Manager Evans stated that the requested banners would be placed on North Seventh Avenue, on West Main Street, and 336 at the corner of Main and Black. He also stated the the request included that the banners have a Miller beer advertising on each end of the banner. Interim City Manager Evans stated that he recommended approval of the hanging of the banners. However, he stated that he did not feel that there should be any commercial advertising on the banners. I It was moved by Commissioner Mathre, seconded by Commissioner Swanson, that the Commission approve the request of the Gallatin Empire Lions Club to hang three banners for National College Rodeo Finals from June 1-22, 1981, without any commercial advertising on the banners. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Swanson and Commissioner Stiff; those voting No, none. Discussion and recommendation concerning chip and seal coating of selected City streets Interim City Manager Evans presented the request from the Street Department for permission to chip and seal coat selected City streets. He stated that the money for the proposed chip and seal coat would come from the Gas Tax Apportionment Fund, the express purpose of which is to maintain City streets. The request is estimated at $103,430.00. The Gas Tax Apportionment Fund balance at present is $120,128.22. This would leave a remaining balance of approximately $16,698.00. Street Superintendent Gee showed the Commission a map on which were marked the I streets proposed to have the chip and seal coating. He stated that there was a two-block section on South Willson Avenue which was listed as an alternate. The City Engineer stated that the reason for this is that if the bid is higher than anticipated, this could be re- moved without risk of penalty by the contractor. Street Superintendent Gee stated that the City needs to have a contractor for this project since the City does not have the nec- essary equipment to chip and seal coat the streets. Interim City Manager recommended that the Commission approve the request of the Street Department to chip and seal coat selected City streets and that the Commission author- ize the consulting engineers to draw up the specifications and the City staff to call for bids for the project. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission authorize the drawing up of specifications and the call for bids for the Street Department's request for chip and seal coating of selected City streets. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre and Commissioner Stiff; those voting No, none. Request - Police Department - Conduct firearms training I Interim City Manager Evans presented the request from the Police Department for permission for the Police Department to conduct a Firearms Training Program for all of the police officers. Cost of the school would be $100 per man. Interim City Manager Evans stated that there are sufficient funds in the Travel and Schools and Operating Supplies :137 sections of the budget to cover the cost of the request. These classifications are all under the heading of Operations. Captain Boyer stated that Mr. Jim Gregg would be in Bozeman during the first week of June and would hold two sessions: one to run on Monday and Tuesday, and the other to I be held on Wednesday and Thursday. This scheduling would albw every police officer to attend the sessions. Captain Boyer stated that this training is for instant reaction shooting, from any position, day or night. He stated that it was more instinct shooting than target shooting and would be very valuable training for the officers, especially if they got into a life-and -dea th si tua tion. Interim City Manager Evans stated that he had been through this type of training in the service and stated that he felt that it was very important training. He recommended ap- proval of the request from the Police Department and stated that the money to cover the costs of such training was in the budget. It was moved by Commissioner Mathre, seconded by Commissioner Swanson, that the Commission approve the request of the Police Department for permission to conduct firearms training. The motion was carried by the folbwing Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Swanson and Commissioner Stiff; those voting No, none. Application for Raffle License - Local Unit Nurses Association - May 6-29, 1981 Interim City Manager presented the application for a raffle license on behalf of the I Local Unit of the Montana Nurses Association, along with the required fee, for a raffle to be held on May 29, 1981. Prizes to be awarded include a quilt, a baby quilt and a kitchen witch. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the application for raffle license on behalf of the Local Unit of the Montana Nurses Association, to be held on May 29, 1981. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre and Commissioner Stiff; those voting No, none. Application for Raffle License - Taylor Made Photography - May 6-22, 1981 Interim City Manager Evans presented to the Commission an application for a raffle license on behalf of Taylor Made Photography, along with the required fee. Prizes to be awarded are five kegs of beer. Interim City Manager Evans stated that this is a licensed business within Bozeman and recommended denial of the raffle license. He stated that a raffle license is not for the purpose of monetary gain for a licensed business, but rather for I a civic or charitable organization. It was moved by Commissioner Mathre, seconded by Commissioner Swanson, that the Commission deny the application for a raffle license on behalf of Taylor Made Photography. The motion was carried by the folbwing Aye and No vote: those voting Aye being Commmis- sioner Mathre, Commissioner Swanson and Commissioner Stiff; those voting No, none. - 338 Application for Raffle License - M.S. U. Angel Flight! Arnold Air Society - May 6-30, 1981 Interim City Manager Evans presented to the Commission an application for a raffle license on behalf of the M.S. U. Angel Flight! Arnold Air Society, along with the required fee. Prizes will be food and gift certificates. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the I Commission approve the application for raffle license on behalf of the M.S. U. Angel Flight! Arnold Air Society. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre and Commissioner Stiff; those voting No, none. Proclamation - "Poppy Days" - American Legion Auxiliary - May 22-23, 1981 Interim City Manager Evans read the proclamation from the American Legion Auxiliary proclaiming May 22-23, 1981, as "Poppy Days" in the City of Bozeman and urging every citizen to give generous recognition to this program. It was moved by Commissioner Mathre, seconded by Commissioner Swanson, that the Com- mission concur in the Mayor's proclamation. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Swanson and Commis- sioner Stiff; those voting No, none. Request permission for "Second Annual Campcrier Run - MSU Indian Club - May 9, 1981 I Interim City Manager Evans presented the request from the MSU Indian Club for per- mission to hold the Second Annual Campcrier Run, to be held on May 9, 1981, at 10:00 a.m. Interim City Manager Evans stated that he had recommended to the MSU Indian Club an al- ternate on the return portion of the proposed run $0 that the runners were not using South Third. The MSU Indian Club approved the alternate route. The Interim City Manager recommended approval of the request, subject to the alternate return route. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Com- mission approve the request of the MSU Indian Club for the Second Annual Campcrier Run, to be held on May 9, 1981, using the revised route. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre and Commissioner Stiff; those voting No, none. Request permission to block off Greek Way - May 13, 1981 - Greek Week Barbecue The Interim City Manager presented a request on behalf of the Greek Week Committee for permission to block off Greek Way on May 13, 1981, from 4:00 p.m. to 8:00 p.m. for the purpose of holding a barbecue. The Chief of Police had no objections, and the Interim City I Manager recommended approval of the request. It was moved by Commissioner Mathre, seconded by Commissioner Swanson, that the Commission approve the request of the Greek Week Committee to block off Greek Way on May 13, 1981, from 4:00 p.m. to 8:00 p.m. to hold a barbecue. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Swanson and Commissioner Stiff; those voting No, none. H39 Application for Beer License - Gallatin Valley Softball Association - May 9-11, 1981 Interim City Manager Evans presented an application for a beer license from the Gallatin Valley Softball Association for May 9-11, 1981, along with the required fee. The Interim City Manager stated that the application had been received at 11: 35 a.m. on Wed- I nesday. He further stated that he would like permission to inform individuals, in a tactful manner, that the deadline for items for the Commission agenda is noon on Monday. The Interim City Manager then recommended approval of the application for a beer license. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the application for a beer license from the Gallatin Valley Softball Asso- ciation for May 9-11, 1981. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre and Commissioner Stiff; those voting No, none. Contract with Dale Thornton - re salvage of scrap metal at Old Sewage Plant Interim City Manager Evans stated that Dale Thornton had requested permission to remove the scrap metal from the Old Sewage Plant, just for the scrap metal value. He stated that the value was very low and that it was an ideal way to get the scrap metal removed from the site. His request at this time is that there be a written agreement with Dale Thornton that the City would not be held liable for any injury he may receive while removing the scrap metal from City property. I It was moved by Commissioner Mathre, seconded by Commissioner Swanson, that the Interim City Manager be authorized to proceed to prepare an agreement with Mr. Dale Thornton which would absolve the City of any liability for any injury incurred by Mr. Thornton while removing the scrap metal from the Old Sewage Plant site. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Swanson and Commissioner Stiff; those voting No, none. Possible new format for agendas Interim City Manager Evans presented to the Commission a possible new agenda format for their consideration. Commissioner Stiff continued any discussion of the matter of a possible new agenda format until there is a full five-member Commission present. A djournmen t There being no further business to come before the Commission at this time, it was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the meeting be ad- journed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre and Commissioner Stiff; those voting No, I none. ~) ) ~/~ --",~.,... i ATTEST: ROBIN L. WILLIAMS Interim Clerk of the City Commission