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HomeMy WebLinkAbout1998-05-04 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 4, 1998 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, Monday, May 4, 1998, at 3:00 p.m. Present were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Youngman, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Frost was absent. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Authorize absence of Commissioner Frost from meeting. in comDliance with Section 7-3-4322(2), M.C.A. . It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the absence of Commissioner Frost from this meeting be authorized in compliance with Section 7-3-4322(2), M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Youngman and Mayor Stiff; those voting No, none. Minutes - March 2. March 30. ADril 6. ADril 13. ADril 20 and April 27. 1998 It was moved by Commissioner Rudberg. seconded by Commissioner Youngman, that the minutes of the meetings of March 2, March 30 and April 13, 1998, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those . voting No, none. Mayor Stiff deferred action on the minutes of the meetings of April 6, April 20 and April 27 to a later date. 05-04-98 __.__u - 2 - Ordinance No. 1470 - adding ChaDter 8.05 to the Bozeman MuniciDal Code. establishing reauirements for oDerational reliability and proDer use of security alarm systems Included in the Commissioners' packets was a copy of Ordinance No. 1470, as approved by the City Attorney, entitled: ORDINANCE NO. 1470 . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA. PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A NEW CHAPTER 8.05, ESTABLISHING REQUIREMENTS FOR OPERATIONAL RELIABILITY AND PROPER USE OF SECURITY ALARM SYSTEMS. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that Ordinance No. 1470, establishing requirements for operational reliability and proper use of security alarm systems, be provisionally adopted and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. Award bid for installation of new roof on the Bogert Pavilion - McLees. Inc.. Belarade. Montana . M in the bid amount of $74.297. Included in the Commissioners' packets was a memo from Park Superintendent John McNeil, dated April 30, 1998, with an attached note from Director of Public Service Phill Forbes. City Manager Clark Johnson reminded the Commissioners that when monies were budgeted for reroofing of the Bogert Pavilion three years ago, the cost was estimated at $35,000, and $21,000 remains budgeted for this project after beams were replaced. He noted that, with the identification of asbestos in the existing roofing, the costs of the project have risen dramatically, which means that a budget amendment will be required. The City Manager stated the Bogert Pavilion is an important structure that is used by many different groups, and reroofing it at this time is essential. . City Manager Johnson noted that Park Superintendent McNeil has recommended that the alternate be selected with the Hypalon membrane be used over the entire roof. He stated that this material comes in a choice of colors, and gray and tan are available for the same price as white. He noted that this material is also quite slick and will make it much more difficult for 05-04-98 ~ . .. .. ---. .-.--.---.- - 3 - people to climb the roof, which has occurred with the asphalt shingles. He then forwarded his recommendation that the Commission award the bid as proposed by the Park Superintendent. Responding to Mayor Stiff, Park Superintendent John McNeil stated that the Hypalon has a factory warranty of fifteen years, and it will be guaranteed against leaks for ten years. He . noted that this type of roofing typically lasts much longer than the warranty period. Responding to Commissioner Smiley, Director of Public Service Phi II Forbes suggested that the Recreation and Parks Advisory Board be given the option of choosing between the gray and the tan. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission award the bid for reroofing of the Bogert Pavilion to Mclees, Inc., Belgrade, Montana, in the bid amount of $74,297, with Hypalon membrane roofing to be installed over the entire roof. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Youngman and Mayor Stiff; those voting No, none. . Pledged Securities as of March 31. 1998 In compliance with the provisions of Sections 7-6-201 to 7-6-212, Montana Code Annotated, Commissioner Youngman and Commissioner Smiley have examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. Commissioner Youngman reported that the inventory of Depository Bonds and Pledged Securities was found to be in order. It was moved by Commissioner Rudberg, seconded by Commissioner Youngman, that the Commission approve the Pledged Securities as of March 31, 1998, listed as follows: DEPOSITORY BONDS AND SECURITIES MARCH 31, 1998 . RATE MATURITY RECEIPT NO. TOTAL AMOUNT FIRST SECURITY BANK - Bozeman Federal Deposit Insurance Corporation $ 1 00.000.00 TOT AL - First Security Bank - Bozeman $ 100.000.00 05-04-98 ------------------ -- ..-------...-- - 4 - AMERICAN BANK - Bozeman Federal Deposit Insurance Corporation $ 100.000.00 Sub-total - FDIC $ 100,000.00 Trusteed with American Bank, N.A.: . Federal Home Loan Mtg. Corp. 7.00 OS/29/2001 182008801 $ 1,000,000.00 U.S. Treasury Note 7.125 10/15/1998 80768 200,000.00 U.S. Treasury Note 5.125 06/30/1998 163009416 1,000,000.00 Federal Home Loan Bank 5.45 02/25/2000 243001736 800.000.00 Sub.total - Trusteed bonds and securities $ 3,000.000.00 TOTAL - American Bank - Bozeman $ 3.100.000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the American Bank, N.A., for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of March 31, 1998, by the banks of Bozeman and approve and accept the same. ALFRED M. STIFF, Mayor . JOE N. FROST, Commissioner JOAN M. RUDBERG, Commissioner SANDRA L. SMilEY, Commissioner MARCIA B. YOUNGMAN, Commissioner The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. ADDointments to Tree Advisorv Board Included in the Commissioners' packets was a memo from Clerk of the Commission . Sullivan, dated April 28, 1998, forwarding the list of applicants for the vacancies on the Tree Advisory Board. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission appoint Kirsten Forrester Emborg to replace Ken Baker, with a term to expire on December 31, 1998, and appoint Frank F. Munshower to replace Fredrick Maxted, with a term to expire on December 31, 1999. The motion carried by the following Aye and No vote: those 05-04-98 -.. - ------ - 5 - voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. Discussion - FYI Items e City Manager Johnson presented to the Commission the following "For Your Information" items. ( 1 ) Memo from Daria Timmons, dated April 27, announcing that a Cemetery Board meeting has been scheduled for 2:00 p.m. on Thursday, May 7, in the Conference Room. (2) Letter from TCI Cablevision of Montana to City Manager Johnson, dated April 20, serving notice that their rates will be changing, effective June 1, 1998. (3) Copy of a letter from Dr. Paula Butterfield, Superintendent of Schools, to Lonny Walker, President of the City-County Planning Board, dated April 24, responding to the Planning Board's letter regarding the location of a new bus barn. (4) Information sheet on teens and tobacco. (5) Copy of the Headwaters Recycling newsletter, announcing that the Board will meet . at 9:30 a.m. on May 13, at the Gallatin County Courthouse, and at 10:00 a.m. on June 3, at the Wheat Montana Bakery. (6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, May 5, in the Commission Room. (7) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, May 5, in the Commission Room. (8) Agenda for the County Commission meeting, to be held at 1 :30 p.m. on Tuesday, May 5, at the Gallatin County Courthouse. (9) The City Manager submitted his weekly report, as follows. (1) Announced that the Planning and Engineering Departments moved to their new building on Wednesday, Thursday and Friday last week. He noted that, while they are still straightening out their . offices, they are open for business. He stated that the Engineering Department will be located on the main level while the Planning Department will be located in the basement and on the upper level, all on the same end of the building. He indicated that all the telephone numbers remain the same. He indicated that bids for remodeling of the building will be opened on May 12, and the project seems to have drawn Quite a bit of interest. (2) Stated that he attended 05-04-98 - .- .- ..----.-.- ~ 6 . a meeting today with representatives from MSU, the School District, Chamber of Commerce and County Commission, sponsored by the Local Government Center. He stated that they are beginning to identify common issues for the upcoming legislative session. (10) Assistant City Manager Brey stated that two weeks ago, he and City Manager . Johnson attended the Greater Open Spaces City Management Association (GOSCMA) meeting in Vermillion, South Dakota. He noted that the organization takes advantage of this opportunity to bring in professional training because of the distance from training centers. He stated that, after the training which the City Manager has provided for top level management by a professional who has focused on one area, it was easy to identify those who train hundreds of people in many different facets. He then noted that the meeting provided an opportunity for the City Managers from the rural states in this area to discuss a wide range of issues. (11 ) City Attorney Luwe submitted the following. (1) Stated that the Supreme Court decision in Dale A. Smith vs. State of Montana, Driver's Improvement Bureau has been handed down, and it upheld the District Court's decision. He noted that this case pertains to a portable breath test, and Staff Attorney was the prosecutor in the case. (2) Announced that about a . week ago, he received a check for $32,756 from USF&G and a check for $6,896 from Safeco as their continuing contributions to the costs of the Bozeman Solvent Site. He noted that, to date, the City has received $884,296 from insurance companies as their contributions to the costs incurred in conjunction with the Solvent Site. ( 12) Clerk of the Commission Sullivan submitted the following. (1) Attended the Association of Records Managers and Administrators (ARMA) Conference in Great Falls on March 19 and 20. (2) Attended the Montana Municipal Clerks, Treasurers and Finance Officers Association (MMCT&FOA) Institute last week. She noted that Administrative Services Director Gamradt and Planning Director Epple made presentations at the Institute, and the comments from attendees were favorable. She stated that, between these two meetings, she gained valuable information on records management and a records retention program. (3) Announced . that second round of applications for the position of Deputy Clerk of the Commission closes today. ( 13) Commissioner Youngman stated that, when returning from Minneapolis last night, she witnessed a beautiful display of northern lights from the airplane. 05-04-98 - 7 - (14) Commissioner Smiley submitted the following. (1) Stated that she and Mayor Stiff attended a dinner for the Computer Pioneer Museum on Friday night. She stated that two local gentlemen were recognized at the dinner. (2) Stated that the County Commissioners would like to meet with the City Commissioners on a monthly basis, possibly at a breakfast or . luncheon meeting, to develop better communication about shared projects. ( 15) Commissioner Rudberg submitted the following. (1) Attended the MSU President's Roundtable meeting last week at the Conference Room of the new Bozeman Daily Chronicle building. (2) Stated that this morning, she was honored to be asked to participate in Dr. Malone's evaluation. (3) Attended the meeting pertaining to the doughnut area at Sacajawea Middle School last week. (4) Attended the banquet for the Ice Dogs hockey team last Wednesday night. She stated that she is always amazed at how big the arms of this community are, and how they continue to stretch as the demand increases. She noted the support has been beneficial for these young hockey players; and that support was recognized during the games in Billings, even when the Ice Dogs were losing. (16) Mayor Stiff submitted the following. (1) Attended the awards dinner for the . Computer Pioneer Museum on Friday evening, noting it was an impressive meal and an equally impressive awards ceremony. (2) Attended the MSU President's Roundtable meeting last week. (3) Attended a meeting of the budget committee for the Health Board and the Water Quality District last week. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3233 - establishing license fees. Dermit fees and decosit amounts for the animal control enforcement Drogram COMMISSION RESOLUTION NO. 3233 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING LICENSE FEES, PERMIT FEES AND DEPOSIT . AMOUNTS FOR THE CITY OF BOZEMAN ANIMAL CONTROL ENFORCEMENT PROGRAM. Acknowledae receiDt of staff reDort for annexation of 419. 579-acre Darcel located in the NEY-. and SEY-.. Section 8 and Section 17. T2S. RGE. MPM (bounded bv Ellis Road. Haaaertv Lane. Bozeman Trail Road. Kagv Boulevard. Hiahland Boulevard and New Hvalite View Subdivision) (Deaconess Farmstead Annexation (A-9a02) 05-04-98 .--- .-- - 8 - Commission Resolution No. 3234 ~ intent to annex 419.579-acre parcel located in the NE% and SE%. Section 8 and Section 17. T2S. RGE. MPM (bounded by Ellis Road. Haaaerty Lane. Bozeman Trail Road. Kaay Boulevard. Highland Boulevard and New Hyalite View Subdivision): set Dublic hearing for June 1. 1998 COMMISSION RESOLUTION NO. 3234 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED. TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Acknowledae receiot of apolication for annexation - Richard Maus ~ 1.616 acres described as Lot 21. Gordon Mandeville State School Section Subdivision (located 350 feet north of Griffin Drive along the east side of Meadow Lane): refer to staff Ratify City Attorney's sianature on Subordination Aareements for loans from CDBG Revolving Loan Fund on Lots 11. 12 and 13. Block A. Beall's Second Addition Ratify City Manaaer's aODointments to Police Commission Authorize Mayor to sian ~ Memorandum of Understandina for Comoosting Feasibility and Imolementation Proiect . Ratify City Manager's signature ~ Construction Agreement between Montana Deoartment of Transoortation and City for North 19th Avenue Rest Areal Visitors Center Proiect Authorize Mayor to sign ~ Community Develooment Block Grant Contract #MT~CDBG-97-HR-11 ~ between Montana Deoartment of Commerce and the City (Bozeman Interfaith Housing II) Authorize City Manaaer to sign - Aareement between Bozeman Interfaith Housina II and the City re use of CBBG monies for construction of affordable rental units Authorize City Manager to sian ~ Professional Services Aareement with Gaston Enaineering & Surveyina for the Northwest Water Line (SID No. 665) Claims It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate . persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Youngman and Mayor Stiff; those voting No, none. 05-04-98 - 9 - Recess - 3:30 D.m. Mayor Stiff declared a recess at 3:30 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. . Reconvene - 7:00 D.m. Mayor Stiff reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Continued Dublic hearina - amendments to Bozeman Area Subdivision Reaulations to clarify various sections. amend Darkland reauirements for subdivisions within city limits. amend flood hazard evaluation Drocedures. add Gallatin County road imDact fee regulations and amend Gallatin County fire Drotection impact fee regulation (P-9812) This was the time and place set for the continued public hearing on amendments to the Bozeman Area Subdivision Regulations, as proposed by the Bozeman City Commission under Application No. P-9812, to clarify various sections, amend the parkland requirements for subdivisions within city limits, amend the flood hazard evaluation procedures, add the Gallatin . County road impact fee regulations and amend the Gallatin County fire protection impact fee regulations. Mayor Stiff reopened the continued public hearing. Assistant Planning Director Debbie Arkell presented the staff report. She noted that the City-County Planning Board conducted its pUblic hearing on these proposed amendments at its April 21 meeting. Following the public hearing, the Planning Board forwarded a recommendation for approval of the amendments, subject to minor modifications. She noted that the recommendations forwarded at this time also reflect a couple of modifications recommended by the City Attorney. The Assistant Planning Director reviewed each of the proposed amendments, many of which can be characterized as housekeeping and correcting typographical errors contained in . the original document. She stated that the definition for "ordinary high water mark" is being added, as it is referenced in the floodplain section of the regulations. The Assistant Planning Director noted that the review procedure for major subdivisions currently contains the requirement that the pre-application be reviewed within fifteen days of submittal. Staff has proposed that no time period for review be established, rather, that those 05-04-98 --------- ---- --.-- - 10 - applications simply be processed in the order in which they are received. She stated that with the timeline established for this process, subdivisions suddenly take precedence over zoning applications, and staff feels it would be more appropriate to process applications in the order in which they are received. She stated that the City-County Planning Board was uncomfortable . with no time limit and established a thirty-day period for review under Section 16.1 0.050.F.; and staff is comfortable with that recommendation. She noted that the Board took a similar action on the proposed amendment pertaining to final plat applications, and established a forty- five day review period in Section 16.1 0.070.E. The Board also established a thirty-day review period in Section 16.12.020, and the staff is also comfortable with those recommendations. Assistant Planning Director Arkell stated that under Section 16.14.030, staff is recommending that large subdivisions be broken into blocks, which will make identification of lots much easier. She then noted that under the amendment to Section 16.14.070, storm sewer infrastructure is to be extended to the boundary line of the tract to be subdivided. She stated that this requirement is currently included in the conditions for approval, and this amendment is consistent with the requirement that water and sewer lines be extended to the . boundary line, which are the subjects of the next two amendments. The Assistant Planning Director stated that under the proposed amendments to Section 16.14.090, the statutory language for parkland dedication is included; and this amendment helps to ensure that the appropriate amount of parkland dedication is required for all types of development. She then indicated that the amendments to Sections 16.14.130, 16.16.010 and 16.16.070 and to Chapters 16.20, 16.22, 16.26, 16.30 and 16.38 and the addition of Chapter 16.39 all pertain to changes in the County's portion of the subdivision regulations. No one was present to speak in support of or in opposition to the proposed amendments to the subdivision regulations. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Youngman, that . the Commission approve the amendments to the Bozeman Area Subdivision Regulations, as proposed by the Bozeman City Commission under Application No. P-9812, to clarify various sections, amend the parkland requirements for subdivisions within city limits, amend the flood hazard evaluation procedures, add the Gallatin County road impact fee regulations and amend the Gallatin County fire protection impact fee regulations, as amended by the City-County 05-04-98 - 11 - Planning Board as revised by staff. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. . Public hearing - Zone MaD Amendment - Frank and Lois Armknecht - establish initial zoning of "R-3" on .51-acre tract known as Lot 1. Block 2. Pleasant Vallev Subdivision (5 Vallev Drive) (Z-9817) This was the time and place set for the public hearing on the Zone Map Amendment, as requested by Frank and Lois Armknecht under Application No. Z-9817, to establish an initial zoning designation of "R-3", ResidentialnMedium-density, on the .51-acre tract known as Lot 1, Block 2, Pleasant Valley Subdivision. The property is more commonly known as 5 Valley Drive. Mayor Stiff opened the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the public hearing be continued to 7:00 p.m. on Monday, May 18, to allow the Planning Board an opportunity to conduct its public hearing on this zone map amendment and forward its . recommendation for Commission consideration. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. Commission Resolution No. 3235 - establishina oermit fees and a schedule of service costs for Darades and Dublic assemblies and adoptina a Dermit aDclication form Included in the Commissioners' packets was a copy of Commission Resolution No. 3235, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3235 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, ESTABLISHING PERMIT FEES AND A SCHEDULE OF SERVICE COSTS FOR PARADES AND PUBLIC ASSEMBLIES, AND ADOPTING A PERMIT FORM. . City Attorney Luwe reminded the Commissioners that they adopted Ordinance No. 1458 on March 2, 1998, establishing regulations for the conduct of parades and public assemblies, and one of the sections of that ordinance established that fees would be set by resolution and that those fees would include a non-refundable administrative fee as well as fees to cover the cost of City services as identified in a schedule. He noted this resolution does that by 05-04-98 --- -- -- - 12 - establishing a non-refundable permit fee of $35 for assemblies, fun runs, walks and other activities which do not require the closure of streets and $100 for parades and other activities which require the closure of streets and the attendant City services. He stated that the figures contained in the second section were developed by Staff Attorney Cooper, with input from the . Police Department and the Street Department. He noted that the third section contains the permit application. Responding to Mayor Stiff, the City Attorney stated that if not all of the services identified and paid for under Section 2 are used, the applicant would be eligible for a refund. He suggested that, through the combined efforts of the applicant and City staff, it should be possible to estimate the amount of services needed for an event, thus reducing the need for refunds. At Mayor Stiff's request, City Attorney Luwe briefly reviewed the costs of parades for the past year, as identified by the Street Department crews, which range from $400 to $700, and reminded the Commission that the average cost for police officers is $220. Responding to Mayor Stiff, City Manager Johnson stated he feels that the cost of City . services can be estimated with accuracy. He then noted that, through the use of volunteers, organizers of parades could keep their costs down. Mr. Bert Hopeman, representing the Downtown Bozeman Association and the Downtown Improvement District Board, noted that representatives from several different organizations are present at this meeting. He expressed concern that this proposed resolution will actually create a "user tax" on what can be considered a community event. He cautioned that this could result in a loss of the standard parades and, thus, a loss of community. Mr. Hopeman compared this proposal to some of his first lessons as a retail business owner. He cautioned that creating stringent rules to address a very small percentage of abuse, and losing good customer service for the majority of the customers in the process, is not a wise business practice. . Mr. Hopeman stated that parades are extremely important to any community, creating a great community spirit, creating an excitement and producing a level of energy not typically felt. He stressed that Bozeman is, fortunately, a vibrant community, and its community events help to retain the vitality. He recognized that no activity financially supported by government has the participation or support of 100 percent of those bearing the costs. He characterized 05-04-98 - 13 - this proposal as penalizing the good guys because of one event in the past five years, which was a single issue parade that resulted in extraordinary costs to the City. He suggested that an alternative would be to establish a maximum amount which the City will contribute toward a parade, such as $1,000, with any costs above that amount being borne by the organizers of . the parade. He stated that this approach would minimize the impacts on the typical parades and would ensure that the City does not incur extraordinary costs. Mr. Bert Hopeman noted that at the present time, the Taste of Bozeman and the Christmas Stroll, which are two major events that close Main Street for an extended period of time, pay the extraordinary police costs incurred. He concluded by encouraging the Commissioners to not impose the proposed parade fees or/ in the alternative, to implement a nominal fee. Mr. Rob Pertzborn, Chairman of the Sweet Pea Parade, raised several questions about this resolution and how it might impact the Sweet Pea parade, particularly since the Sweet Pea children's race is run immediately before the parade. Mr. Pertzborn expressed concern that, based on the figures which have been provided . by the Street Department and the Police Department, the cost of the parade permit would be almost $1,300/ which is over his budget of $1,200 for the entire parade. He estimated that last year's parade drew 10,000 participants and attendees, and he does not feel it is appropriate for the City to impose such high fees that this type of activity. Ms. Samantha Dabney, Bozeman High School Student Council, stated that the High School Homecoming Parade is organized by the Student Council; and they do not have the monies to pay the proposed fees. She noted that, while the Homecoming parade is small, it is positive for the community. She concluded by encouraging the Commission to vote against the proposed resolution. Ms. Heidi Sherrick, Assistant Director of Alumni at Montana State University, stated that the MSU Homecoming parade brings MSU and the community together and creates an energy . and excitement before the football game. She stated it is a traditional part of the Bobcat festivities and brings the alumni and visitors to the downtown area, where they can visit the downtown businesses. She expressed concern that establishing a parade permit fee, especially at the rates proposed, will have a negative impact on the parade and damage the relationship 05-04-98 _______u_._ _ ----.-- . -.- --- - 14 - between MSU and the community. She concluded by asking the Commissioners to not approve the proposed parade fees. City Attorney Luwe stated that those one-time events which are costly to the City are typically related to First Amendment issues. He then cautioned that to establish a maximum . amount of City contribution toward parades and public assemblies could be construed as having a discriminatory impact on those First Amendment issues and, as a result, be subject to legal action. Responding to Commissioner Rudberg, Mr. Hopeman stated the Christmas Stroll paid $949 to the City for security at last year's Stroll. He then recognized the Stroll is a major event that closes Main Street for an entire evening and costs the City a significant amount of money, and they feel it is important to contribute toward those costs. He voiced his concern about the potential of eliminating parades with these fees, noting that parades bring a community together and build community spirit and cohesiveness. Commissioner Youngman asked about the application form, and suggested that it include a line where the applicant can identify the level of City support he or she feels is needed for . the parade. City Attorney Luwe cautioned that the application form is for all activities which are subject to the ordinance regulating parades and public assemblies. He indicated that a line could be added to allow the applicant to provide any additional information, or the applicant has the option of attaching whatever information he or she may feel is important. He then noted that not many of the events subject to the provisions of the ordinance involve the closing of streets. Commissioner Youngman suggested that, if the fees in Section 2 remain in the resolution, a delayed implementation date also be included, to allow parade organizers an opportunity to incorporate those additional costs in their planning for future parades. City Attorney Luwe stated the preferable way to accomplish that would be to leave the . line items in the resolution and insert "no charge" in place of the figures listed. He noted that the resolution would then meet the provisions of the ordinance and provide the framework for the future addition of fees. Mayor Stiff characterized the Taste of Bozeman and the Christmas Stroll as being in a category of their own, noting that some people arrange their schedules to be in Bozeman for 05-04-98 ---.- - 15 - those events. He also noted that those events do make contributions to the City for the services they receive. He stated that leaves the parades and the runs, which already use many volunteers. He then suggested that the administrative fee should be adequate. City Attorney Luwe reminded the Commissioners that, at the Commission's direction, . the ordinance was drafted to provide that actual costs would be recovered. He then reiterated that if the Commission does not wish to recover the costs, then under Section 2, the words "no charge" should be inserted, and the resolution will still remain in compliance with the ordinance. He then stressed that the issue of cost recovery is a policy decision, and the alternative is to have the taxpayers of the community continue to support the costs of the parades. Commissioner Rudberg stated she has a problem with charging a rental fee over and over again for something that has been paid for, like the barricades and cones, unless some of those items have been destroyed and need to be replaced. Commissioner Youngman stated her support for deleting the charges in Section 2 and establishing a reasonable permit fee which covers the basic costs of processing the application. . She characterized parades as among the most important community building events, and noted that part of the City government's duties should be building a sense of community. On that basis, she suggested that the City should consciously absorb the costs associated with supporting parades. Commissioner Smiley stated she had requested that staff provide the Commission with the actual costs of the parades so that the community knows what the City has been contributing to those events. She then indicated that she feels the costs in Section 2 should be eliminated now that they have been identified. Commissioner Rudberg recognized that the typical annual parades do not cost an excessive amount to support, however, she expressed concern that the infrequent parades can result in significant costs to the City. Because of those concerns, she indicating that she has . some problems with eliminating the costs in Section 2. Mayor Stiff recognized the importance of parades and community events like the Taste of Bozeman and the Christmas Stroll. He also noted that times are changing, and that is often reflected in how the City allocates its resources. He stated, however, that he does not believe high school students should be asked to take time away from their academic duties and their 05-04-98 - 16 - athletic and music activities to raise funds to pay for parade fees. On that basis, he stated his support for deleting the fees in Section 2 of the resolution. Responding to Commissioner Smiley, City Attorney Luwe recommended that the Commission not establish a limit on the costs which the City would cover in Section 2, with . the excess costs being the responsibility of the parade organizers. He cautioned that, while it appears on the surface that such a fee structure would be acceptable, some legal problems could arise if it were contested. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission adopt Commission Resolution No. 3235, as revised by striking out the costs listed for each item in Section 2 and replacing them with "no charge". The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Youngman and Mayor Stiff; those voting No being Commissioner Rudberg. Adjournment - 8:22 C.m. There being no further business to come before the Commission at this time, it was . moved by Commissioner Rudberg, seconded by Commissioner Smiley, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Smiley, Commissioner Youngman and Mayor Stiff; those voting No, none. ~~~ ALF M. STIFF, ayor ATTEST: -" - . ~. ~Z~~ ROBIN L. SULLIVAN. Clerk of the Commission . 05-04-98 ---."..