Loading...
HomeMy WebLinkAbout1981-07-22 '151 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA July 22, 1981 ********************* I The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 22, 1981, at 1 :15 p.m. Present were Mayor MacNab, Commissioner Vollmer, Commissioner Stiff, Commissioner Mathre, I nterim City Manager Evans, I nterim As- sistant City Manager Barrick, City Attorney Planalp and the Clerk. Commissioner Swanson was excused. in compliance with Section 7-3-4349, M.C.A. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Stiff. The minutes of the special meeting of July 13, 1981, special meeting of July 14, 1981, regular meeting of July 15, 1981, and special meeting of July 17, 1981, were approved as submitted and corrected. Decision - Preliminary Plat Review - Valley Unit No. 2 Mobile Home Subdivision This was the time and place set for a decision on the preliminary plat review for the Valley Unit No. 2 Mobile Home Subdivision. I nterim City Manager Evans recommended that municipal utilities or other services never be extended beyond the corporate limits of the city. He stated that he feels that the mobi Ie I home subdivision is needed in the area, but does not feel that the City should provide the municipal services because the area is not within the city limits. He also recommended that, if approval is granted, the conditions as set by the Planning Staff and the County Commission- ers be a part of the approval. The Interim City Manager also recommended approval if the subdivision would provide its own sewer system and build off-site roads to City standards, providing the cost is not prohibitive. It was moved by Commissioner Vollmer that the Commission approve the preliminary plat for Valley Unit No. 2 Mobile Home Subdivision, subject to the following conditions: 1. That, while it will not be a mandatory requirement of the developer to provide off-site improvements, Durston Road must be paved to the east end of the Mobile Home Subdivision, Cottonwood Road must be paved from Highway 191 to Durston Road, and Babcock must be paved from Ferguson Lane to Cottonwood Road prior to final approval of any phase of the project being granted, and Durston Road must be paved to the west end of the development prior to final approval of Valley Unit No. 2 Mobile Home Subdivision Phase III. 2. That the right-of-way of Upper Springs Road be extended to the southern property boundary so that a future tie between Babcock and Durston may be made. 3. That the curve-radius and cul-de-sac radius be shown on the final plat. I 4. That the results of the recently completed independent sewage study are reviewed by the City of Bozeman, and that the developer and the City enter into a written agreement providing for an acceptable method of sewage disposal for the proposed subdivision . 5. That the developer supply information confirming the availability and supply of the ground water for use in the proposed water system prior to final plat application. - ~~.. ..........' -- -., ~ .c. 452 6. That the plans for the proposed water system be approved by the City Engineer and City Water Superintendent. 7. That the developer's park and recreation plan be reviewed and approved by the Community Recreation Board. 8. That the developer submit a standard detail drawing illustrating an economical method for future property owners to overcome the soils severe frost heave problems for mobile home pads. 9. That the proposed storm drain plan be reviewed and approved by the I City Engineer and Soil Conservation Service. 10. That the developer submit final landscaping plans as required per City zoning regulations for Planning Staff review and approval. 11. That the forty (40) foot setback on cul-de-sac lots illustrated in the Community Impact Statement be incorporated into the proective covenants. 12. That the dimensions (size) of the lots be put on the final plat along with the lot and block numbers. 13. That all roads, culverts, utilities, central water and sewer facilities and related improvements be installed prior to final approval or that an Improvements Agreement providing for all necessary improvements be approved by the Governing Bodies, and be guaranteed by a means accep- table to the Governing Bodies. 14. That the development be approved by the State Department of Health and Environmental Sciences, the final plat conform to the Uniform Standards for Final Subdivision Plats and be accompanied by a platting certificate and County Attorney's certificate. The developer must request the State Department of Health and Environmental Sciences to consider the impact of the development upon surrounding water wells. 15. That any Rural Improvement Districts or County Water and Sewer Dis- tricts to be used in connection with an Improvements Agreement for proposed initial improvements must be properly created and approved by the County Commission and the bonds must be sold prior to final approval. Any Rural Improvement Districts or County Water and Sewer Districts to be used in connection with later improvements must be I properly created and approved by the County Commission prior to commencement of construction. The motion died for lack of a second. Commissioner Mathre stated some concerns regarding the County Commissioners' recommended conditions. Commissioner Stiff stated that he feels the subdivision is needed and that another look should be taken at the matter. He does not feel that the cost of any of the off-site road improvements should be borne by the old-timers along the roads, but by the developer. Commissioner Mathre stated that she agrees that the development is necessary. Her concern is whether the City should allow the development in the proposed location. Commissioner Vollmer asked where a mobile home subdivision should be located. Mr. Joe Sabol, Attorney for the petitioner, stated that he would like to suggest an alternative. He stated that, if the Commission desired to ask for an extension of one week, until a full Commission is present, he would grant the extension on behalf of his client. Mayor MacNab requested that the matter be placed on the agenda next week for action. Decision - Donald K. Weaver - Master Plan Amendment - Low density to medium density residential I This was the time and place set for a decision on the Master Plan Amendment request from low density to medium density residential on behalf of Donald K. Weaver. The property involved in the proposed Master Plan Amendment is located next to the Valley View Golf Club, behind the office complex built by Mr. Weaver. 453 The I nterim City Manager recommended approval of the request for a master plan amend- ment from low density to medium density residential, with the conditions that all correspon- dence from Mr. Weaver and verbal testimony of the public hearing of July 15 be considered as a condition of approval; and that subsequent development be at a density of not more than four units per acre. He also stated that five more public hearings would be involved I before any construction is done. This is the very first step, and concerns of citizens in the area could be addressed throughout the entire process. Commissioner Stiff and Commissioner Mathre voiced concern and the desire to keep the low density residential zoning in the area. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the request of Donald K. Weaver for a master plan amendment from low density to medium density residential on 12.4 acres located next to the Valley View Golf Club. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Vollmer; those voting No being Commissioner Stiff, Commissioner Mathre and Mayor MacNab. Decision - Obscenity ordinance This was the time and place set for a decision on the proposed obscenity ordinance. The Interim City Manager recommended that the issue be placed on the ballot for a vote of the people at the primary election to be held on September 15, 1981, asking if the I people desi re an ordinance more restrictive than the present State law. The City Attorney stated that from a legal standpoint, the Court would consider an ordinance passed by the Commission and an ordinance requested by the public in the same manner--Iegally neither one would carry more weight in Court than the other. Mr. Rick Sorum, east of Bozeman, spoke once again. He reminded the Commission that they are representatives of the community. He also presented a petition with 175 signatures urging immediate adoption of an ordinance. He stated that the ordinance which was drawn up by the Citizens for Decency is presently being revised to remove libraries and schools. Also, additional definitions are being placed in the ordinance. It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Commission place on the ballot for the primary election to be held on September 15, 1981, the question of whether an ordinance more restrictive than the present State law is desired or not. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. I f the vote indicates that a more restrictive ordinance is desired, the City Attorney I will then have a very short time in which to get the proposed ordinance to the Gallatin County Clerk and Recorder's office for the ballot for the general election to be held in November. -454 Decision - telephone system for City Hall Complex This was the time and place set for a decision on a new telephone system for the City Hall Complex. I nterim City Manager Evans stated that Rick Schlegel, Management Intern, had pre- pared an analysis of the two telephone proposals, which the Commissioners had received. The I I nterim City Manager concurred in the conclusion by Mr. Schlegel that over a long period of time, it would be in the best interests of the City to accept the Executone proposal. The Mayor stated that, since he has relatives in the management level at Mountain Bell, he would abstain from the voting. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the City accept the proposal of Executone Systems of Montana for a new telephone system for the City Hall complex. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer and Commissioner Stiff; those voting No, none; Mayor MacNab abstained. Authorize Call for Bids - Contracted janitorial services - New Public Library I nterim City Manager Evans presented to the Commission a request for permission to call for bids for contracted janitorial services for the New Public Library. He stated that the Library Board had met on Tuesday afternoon, July 21, 1981. The Board consented to the call for bids, but reserved the right to analyze the bids and then determine if it is more cost efficient to have contracted services or to hire a full-time City employee. I It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission authorize the Call for Bids for contracted janitorial services for the New Public Library. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none. Ordinance No. 1074 - Salary Ordinance for Fiscal Year 1982 The Interim City Manager stated that Ordinance No. 1074 would set the salaries for five positions within the City. He stated that this had been continued from last week at the request of the City Commission. The Mayor requested that the matter be tabled for a period of one week, so that all positions may be filled prior to the setting of these salaries. Ordinance No. 1068 - Zone Code Amendment Ordinance No. 1069 - Zone Code Amendment Ordinance No. 1070 - Zone Code Amendment Ordinance No. 1071 - Zone Code Amendment I Ordinance No. 1072 - Zone Code Amendment Ordinance No. 1073 - Zone Code Amendment I nterim City Manager Evans presented Ordinance No. 1068, as prepared by the City Attorney, entitled: ORDINANCE NO. 1068 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 18.72.150 OF THE BOZEMAN MUNICIPAL 4i55 CODE TO ALLOW ELECTRICAL SUBSTATIONS TO THE B-2 COMMUNITY- HIGHWAY BUSINESS DISTRICT. It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Com- mission adopt Ordinance No. 1068, amending Section 18.72.150 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner I Stiff, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. I nterim City Manager Evans then presented Ordinance No. 1069, as prepared by the City Attorney, entitled: ORDINANCE NO. 1069 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTIONS 18.06 (DEFINITIONS), 18.51.020 PER- MITTED USES M1), 18.57.020 (PERMITTED USES TR), 18.69.230 (SUP- PLEMENTARY REGULATIONS DESIGN/SCREENING GUIDELINES), 18.72.150 (CONDITIONAL USES BY ZONING DISTRICTS) OF THE BOZEMAN MUNICIPAL CODE. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission adopt Ordinance No. 1069, amending Sections 18.06,18.51.020,18.57.020, 18.69.230 and 18.72.150 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. The Interim City Manager then presented Ordinance No. 1070, as prepared by the City I Attorney, entitled: ORDINANCE NO. 1070 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DELETING THE CONDITIONAL USE PERMIT FEES CONTAINED IN SECTION 18.72.120 OF THE BOZEMAN MUNICIPAL CODE. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission adopt Ordinance No. 1070, deleting the Conditional Use Permit fees contained in Section 18.72.120 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none. Interim City Manager Evans then presented Ordinance No. 1071, as prepared by the City Attorney, entitled: ORD I NANCE NO. 1071 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 18.75.050 OF THE BOZEMAN MUNICIPAL CODE TO DELETE THE SPECIFIED APPLICATION OF $50.00 AND SUB- STITUTING FOR PLANNED UNIT DEVELOPMENT FEE THE FEE SCHEDULE CONTAINED IN SECTION 18.09.070 OF THE BOZEMAN MUNICIPAL CODE. I It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Com- mission adopt Ordinance No. 1071, amending Sections 18.75.050 and 18.09.070 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. -'456 The I nterim City Manager then presented Ordinance No. 1072, as prepared by the City Attorney, entitled: ORDINANCE NO. 1072 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 18.93.040 OF THE BOZEMAN MUNICIPAL CODE DELETING THE STANDARD FEE FOR VARIANCE REQUEST FOR FEE SCHEDULE CONTAINED IN SECTION 18.09.070 OF THE BOZEMAN MUNICIPAL I CODE. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission adopt Ordinance No. 1072, amending Sections 18.93.040 and 18.09.070 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Interim City Manager Evans stated that Ordinance No. 1073 will appear on next week's agenda as it had not been received by the beginning of the Commission meeting. Ordinance No. 1076 - Consideration of the City Commission's tentative appropriation ordinance I nterim City Manager Evans stated that the tentative appropriation ordinance may be considered at this time or deferred, although a public hearing has been advertised for July 29, 1981. The public hearing can be readvertised for a later date. The Appropriation Ordinance may not be adopted before the second Monday in August or within ten days after publication of the tentative appropriation ordinance. However, there is no date set by which I the Commission must adopt the Appropriation Ordinance. The Mayor requested that consideration of the tentative appropriation ordinance be deferred until next week, when a full Commission will be present, and the public hearing be held on August 5, 1981. Commission Resolution No. 2338 - Create S I LD 637 I nterim City Manager Evans presented Commission Resolution No. 2338, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2338 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT LIGHTING DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 637 FOR THE PURPOSE OF OPERATING AND MAINTAINING A LIGHTING DISTRICT TO LIGHT A PORTION OF VALLEY UNIT NO.1 SUBDIVISION TO THE CITY OF BOZEMAN FROM YELLOWSTONE TO FLATHEAD AND BABCOCK NORTH TO DURSTON, ALSO FERGUSON FROM U. S. 191 TO BABCOCK, FALLON FROM FERGUSON TO YELLOWSTONE, AND YELLOWSTONE FROM FALLON TO BABCOCK, SAID LIGHTING SYSTEM TO BE INSTALLED AND PAID FOR BY THE MONTANA POWER COMPANY UNDER AUTHORITY OF AND IN CONFORMANCE WITH SECTION 7-12-4301 TO 7-12-4326 INCLUSIVE OF THE REVISED CODES OF MONTAHA. I It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission adopt Commission Resolution No. 2338, creating Special Improvement Lighting District No. 637. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none. 457 Commission Resolution No. 2339 - Reallocation of HUD funds I nterim City Manager Evans presented Commission Resolution No. 2339, entitled: COMMISSION RESOLUTION NO. 2339 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ASSURING THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT THAT THE CITY OF BOZEMAN, MONTANA, I INITIATES THE REPROGRAMMING OF FEDERAL FUNDS APPLIED FOR BY THE CITY FOR A HOUSING REHABILITATION PROGRAM AND NOW RE- QUIRING AN AMENDMENT TO ALTER THE SCOPE OF THE PROGRAM, TO BE USED FOR AN ALTERNATIVE LIVING EXPERIENCE FOR DEVELOPMENTALLY DISABLED ADULTS THROUGH THE AUSPICES OF REACH, INCORPORATED AND A SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE, THROUGH THE BOZEMAN BATTERED WOMEN'S NETWORK, VESTING THE CITY MANAGER WITH THE RESPONSIBILITIES OF COORDINATING THE ACTION OF THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND THE SUB- CONTRACTED AGENCIES TO ASSURE THAT SUCH ACQUISITION OF PROPERTY MEETS ALL FEDERAL AND STATE REGULATIONS, ENSURING THAT APPROPRIATE BUDGETARY MEASURES AND PLANNED PROGRAMMING ARE CONDUCTED TO INITIATE AND COMPLETE SAID ACQUISITION; AND ENSURING COMPLIANCE WITH THE VARIOUS ASSURANCES OF THE SMALL CITIES PROGRAM AS INDICATED IN THE CITY'S AMENDMENT TO THE 1979 SMALL CITIES PROGRA~A TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Com- mission adopt Commission Resolution No. 2339, reprogramming HUD funds as awarded: $125,000.00 to Reach, Inc., $75,000.00 to Battered Women's Network, and the balance to be used as needed for rehabilitation of either of the structures purchased. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. I Commission Resolution No. 2340 - Affirming the granting of Bozeman Creek drainaqe road easements - Forest Service I nterim City Manager Evans presented Commission Resolution No. 2340, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2340 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE UNITED STATES GOVERNMENT TO CON- STRUCT ROADS OVER AND ACROSS REAL PROPERTY OWNED BY THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve Commission Resolution No. 2340, authorizing the United States Govern- ment to construct roads over and across real property owned by the City of Bozeman, Montana, said property being located in the Bozeman Creek drainage. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Request - Bozeman Army Navy Store - plant a tree in front of store I Interim City Manager Evans presented a request on behalf of the Bozeman Army Navy Store to plant a tree in front of the store located at 232 East Main Street. He stated that several complaints have been received regarding the placement of objects on the sidewalk in front of this establishment. He stated that he and the I nterim Assistant City Manager had discussed this matter with one of the owners of the store earlier this week, and feels that they will cooperate in the future. The Interim City Manager stated that planting of a tree d458 in this area could make an aesthetic contribution to the city, and recommended approval of the request. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the request of the Bozeman Army Navy Store to plant a tree at 232 East Main, at no cost to the City, and that it be in compliance with the requirements for planting I trees along Main Street. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none. Applications for relicensing of Gambling - July 1, 1981 to June 30, 1982 - various applicants I nterim City Manager Evans stated that ten applications have been received for the relicensing of gambling during the period July 1, 1981 to June 30, 1982, along with the re- quired fees. The I nterim City Manager stated that the City Attorney has spoken with several people regarding the legality of the video keno machine which many of the applications list, and no firm opinions against the game have been received. The County Attorney has been approached, and he has not given an opinion against the machine. I nterim City Manager stated that the licensing of these machines is based on the assumption that they are legal. If they are found to be illegal, the machines must be removed, and the license fee will not be refunded. Interim City Manager Evans then presented the applications for renewal of gambling I licenses for the period July 1, 1981 to June 30, 1982 as follows: (1) Mother's Saloon, 104 West Main Street, 1 keno machine and 1 card table, $500.00 It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Commission approve the application for renewal of the gambling license. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. (2) Sports Bar, 1332 East Main, 1 keno machine and 1 card table, $500.00 It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the application for renewal of the gambling license. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commis- sioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. (3) TJls, 43 West Main, 2 keno machines, $500.00 It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the application for renewal of the gambling license. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commis- sioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none. I (4) Filling Station, 2005 North Rouse, 1 keno machine, $500.00 Following a discussion, the Commission requested that this application be held for one week so that the Staff may research the matter further. (5) Haufbrau, 22 South 8th, 1 keno machine, $500.00 459 I t was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Com- mission approve the application for renewal of the gambling license. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. (6) Scoop Bar, 712 West Main, 1 keno machine and 1 card table, $500.00 I It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the application for renewal of the gambling license. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. (7) Cat's Paw, 721 North 7th, 2 keno machines, $500.00 It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the application for renewal of the gambling license. The motion carried by the following Aye and No" vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none. (8) The Bowl, Inc., 414 East Babcock, 1 keno machine, $500.00 It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Com- mission approve the application for renewal of the gambling license. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. (9) American Legion Club, 225 East Main. 1 keno machine, $500.00 I It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the application for renewal of the gambling license. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. (10) Fraternal Order of Eagles #326, 316 East Main, 1 keno machine and 1 card table, $500.00 It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the application for renewal of the gambling license. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none. Change Order No. 3 - New Public Library - Martel Construction - Add $5,277.00 Interim City Manager Evans presented Change Order No.3 for the New Public Library on behalf of Martel Construction, in the amount of $5,277.00. He stated that these changes had been approved by the Library Building Committee and recommended that the Mayor be authorized to sign the Change Order. I It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission authorize the Mayor to sign Change Order No. 3 to the New Public Library contract for Martel Construction, adding $5,277.00 to the contract. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. . - . . ___..u T "460 Request - Williams Construction - Lindley Park - July 26, 1981 - open container ordinance Interim City Manager Evans presented to the Commission a request on behalf of Williams Construction for permission to waive the open container ordinance for a picnic to be held in Lindley Park on July 26,1981, between 12:00 noon and 8:00 p.m. The I nterim City Manager recommended approval of the request. I It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the request of Williams Construction for a waiver of the open container ordinance for a picnic to be held in Lindley Park on July 26, 1981, between 12: 00 noon and 8:00 p.m. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none. Request - Class of '71 - Bogart Park - July 25, 1981 - open container ordinance I nterim City Manager Evans presented to the Commission a request on behalf of the Class of '71 for permission to serve beer at a picnic to be held on July 25, 1981, to be held in Bogart Park between the hours of 12:00 noon and 5:00 p.m. The Interim City Manager recommended approval of the request. It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Com- mission approve the request of the Class of '71 for permission to serve beer at a picnic to be held in Bogart Park on July 25, 1981, between the hours of 12:00 noon and 5:00 p.m. The motion carried by the following Aye and No vote: those voting Aye being Commissioner I Stiff, Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Request - Sound Pro - place car in front of store Interim City Manager Evans presented to the Commission a request on behalf of Sound Pro to park a 1981 Pontiac Trans Am in front of their store at 26 West Main Street between the dates of July 21 and July 31, inclusive, during their "Bandit" promotion. The Interim City Manager stated that he had given tentative and conditional approval for the parking of this car, subject to approval by the City Commission. He recommended approval of the request. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the request of Sound Pro to park a 1981 Trans Am in front of their store located at 26 West Main Street between the dates of July 21 and July 31, inclusive. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Chief to attend Western Fire I I nterim City Manager Evans presented to the Commission a request from the Fire Department for authorization for the Fire Chief and Deputy Chief Lewis to attend the Western Fire Chiefs Conference, to be held in Elko, Nevada, on August 2-5, 1981. The -~- 461 I nterim City Manager stated that this was a budgeted item and recommended approval of the request. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission grant permission for the Fire Chief and Deputy Chief Lewis to attend the Western Fire Chiefs Conference in Elko, Nevada, on August 2-5, 1981 and, it being in the public I interest, their expenses be paid out of the appropriate funds. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none. Request - Don Barrick to attend meeting of State Building Codes Council - Helena - - August 7, 1981 Interim City Manager Evans presented to the Commission a request on behalf of Donald H. Barrick, Building Official and Interim Assistant City Manager, for permission to attend the State Building Codes Council meeting on August 7, 1981 in Helena. The I nterim City Manager stated that this is the Governor's Council and recommended approval of the request. I nterim Assistant City Manager Barrick stated that there would be no cost to the City. It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the Com- mission approve the request of I nterim Assistant City Manager Barrick for permission to attend the State Building Codes Council meeting on August 7, 1981 in Helena. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, I Commissioner Mathre, Commissioner Vollmer and Mayor MacNab; those voting No, none. Authorize annual leave - Clerk of the Commission - July 31 - August 3, 1981 The Interim City Manager presented to the Commission a request on behalf of Clerk of the Commission Sullivan for annual leave on Friday, July 31, and Monday, August 3, 1981. I t was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the request for annual leave on behalf of the Clerk of the Commission, for July 31 - August 3, 1981. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Claims Claims for the past two weeks were presented. The I nterim City Manager had checked the claims and found them to be true and correct and recommended that the Director of Finance be instructed to issue warrants in payment thereof. I It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the claims be approved as presented. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none. '-462 File report - Police Department for June I nterim City Manager Evans stated that the Police Department report for June 1981 appeared to be in order and recommended that it be accepted and ordered filed. It was moved by Commissioner Stiff, seconded by Commissioner Mathre, that the report be accepted and ordered filed. The motion carried by the following Aye an~ No vote: those voting Aye being Commissioner Stiff, Commissioner Mathre, Commissioner Vollmer and I Mayor MacNab; those voting No, none. Report - Fire Department quarterly Interim City Manager Evans stated that the Fire Department quarterly report for the period April 1, through June 30, 1981 appeared to be in order and recommended that it be accepted. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commissioner acknowledge the quarterly report of the Fire Department 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 Mathre, Commissioner Vollmer, Commissioner Stiff and Mayor MacNab; those voting No, none. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the meeting be I adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Mathre and Mayor MacNab; those voting No, none. Mayor ATTEST: Clerk of the Commission I