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HomeMy WebLinkAbout1988-12-19 55 53 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA December 19, 1988 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 19, 1988, at 2:00 p.m. Present were Mayor Stiff, Commissioner - Hawks, Commissioner Vant Hull , Commissioner Martel, Commissioner Goehrung, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. --' The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes Mayor Stiff stated that action on the minutes from the meeting of December 5 was defer- red until this time since the City Manager was not present at last week's meeting. He then questioned the minutes reflecting that monies to purchase pooper scoopers are to be expended from the Commission's budget unit, indicating it was his understanding that monies from the ad- ditional licensing revenues were to cover the costs. Commissioner Goehrung suggested that the pooper scoopers be purchased in smaller quan- tities, rather than purchasing 950 all at one time. City Manager Wysocki indicated that he did suggest that the monies for purchase of the pooper scoopers be expended from the Commission's budget unit because that is an unanticipated expenditure which the Commission has approved. He noted that a budget amendment can be made at a later date to cover those additional costs. The City Manager then stated that the minutes accurately reflect the actions of the meeting of December 5 and suggested that any change to those should be brought back as a separate agenda item. Mayor Stiff asked that further discussion of the pooper scooper item be placed on next week's agenda. " , It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the min- utes of the regular meeting of December 5, 1988 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner .--- Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the min- utes of the regular meeting of December 12, 1988 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commis- sioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Public hearing - Commission Resolution No. 2730 - intent to annex two tracts in the S~ SWi-, Section 11, T2S, R5E, MPM totallin 23.52 acres (north of U.S. 191, west of Main Mall and east 0 a ley nit ubdivision This was the time and place set for the public hearing on Commission Resolution No. 2730, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2730 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- T ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF TRACTS OF LAND CONTIG- UOUS TO SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DE- SCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THERE- OF. - City Manager Wysocki submitted to the Commission a letter from S/S/G Engineering and Surveying, representing the State of Montana Department of Fish, Wildlife and Parks, requesting that this public hearing, as well as the following public hearing, be continued to January 16, - 1989. He then recommended that the Commission open the public hearings and continue them per the applicant's request. Mayor Stiff opened and continued the public hearing to January 16, 1989 per the appli- cant's request. 12-19-88 56 Commissioner Hawks stated that he feels that directing the staff to prepare a zone code amendment to allow a bronze foundry as a conditional use in the M-l zone might be another vi- able option. City Attorney Becker reminded the Commission that the District Court ordered the Com~ mission to determine whether a bronze foundry is a permitted use in the M-l zone; and they have made that determination. He then cautioned that no further action is necessary at this time. - City Manager Wysocki suggested that if the Commission wishes to discuss these options, they be listed as a discussion item on a future agenda. The Commission concurred; and Mayor Stiff requested that these options be placed on next week's agenda for discussion. Request for authorization to expend Library Trust Fund monies - $600 for educational videos and $1,300 for centennial project in the Montana Room City Manager Wysocki submitted to the Commission a letter from Edna Berg, Chai rman of the Library Board of Trustees, requesting authorization to expend $1,900 in Library Trust Fund monies. He noted that $600 is to be used toward the purchase price of $6,000 for educational videos for the library, in conjunction with monies from a grant and donations. He noted that $1,300 is to be used for a centennial project for the Montana Room. He indicated this project will include cataloging and upgrading of the special collection housed in that room. The City Manager stated the Library Board of Trustees has reviewed and approved the proposed expend- itures and recommended that the Commission also approve those expenditures. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission authorize the expenditure of $600 from the Library Trust Fund educational videos as well as $1,300 for a centennial project in the Montana Room. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Com- missioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. -- Authorize City Manager to sign - Quit Claim Deed - from the City to Roger H. and Rosalind I. Smith - Tract lA-l of COS No. 1240B, situated in the SE! of Section 2, T2S, RSE, MPM (located in the Annie Subdivision) City Manager Wysocki submitted to the Commission a Quit Claim Deed from the City to Roger H. and Rosalind I. Smith. He noted the subject parcel is known as Tract 1 A-l of Cer- tificate of Survey No. 1240B, situated in the SEi- of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian. He stated the site is approximately 27 acres in size and is located in the Annie Subdivision, adjacent to Phase I of that development. He reminded the Commission that this is the parcel which the City was holding in escrow for the special improvement districts in Phase I due to the ownership distribution. The City Manager then stated that Smiths have adequately dispersed ownership of this property; therefore, the City shou Id now release the property held in escrow. City Manager Wysocki then recommended that the Commission authorize him to sign the Quit Claim Deed, since that is the process necessary for transfer of the property back to the developers. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull , that the Commission authorize the City Manager to sign the Quit Claim Deed from the City to Roger H. and Rosalind I. Smith. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Ma rtel, Commissioner Goehrung and Mayor Stiff; those voting No, none. ,-.. Renewal of Beer, Wine and Liquor Licenses for Calendar Year 1989 - various establishments This was the time set for renewal of the Beer, Wine and Liquor Licenses for the Calendar Year 1989. A total of 46 applications have been received, along with the required fees. City Manager Wysocki presented to the Commission the following list of establishments which have made application and paid the required fee: 12-19-88 12-19-88 57 APPLICATIONS FOR BEER, WINE AND LIQUOR LICENSES CALENDAR YEAR 1989 APPLICANT BEER WINE LIQUOR TOTAL - Alpine Sinclair 1310 North 7th Avenue $ 200.00 $ $ $ 200.00 American Legion Club I 225 East Main Street 500.00 500.00 American Pizza Partners dba Pizza Hut 2300 West Main Street 200.00 200.00 400.00 Bingo World 237 East Main Street 200.00 200.00 400.00 The Bowl 414 East Mendenhall Street 500.00 500.00 Bozeman Restaurant and Lounge Inc., dba Holiday Inn 5 Baxter Lane 500.00 500.00 The Cannery Lounge 43 West Main Street 500.00 500.00 Cats Paw 721 North 7th Avenue 500.00 500.00 Community Food Co-op 1011 West College Street 200.00 200.00 The Crystal Bar 123 East Main Street 500.00 500.00 Empire, Inc., dba Black Angus 520 West Mendenhall Street 500.00 500.00 I The Filling Station 2005 North Rouse Avenue 200.00 200.00 400.00 GranTree Inn 1325 North 7th Avenue 500.00 500.00 Haufbrau, Inc. 22 South 8th Avenue 500.00 500.00 Heeb's Food Center, Inc. 544 East Main Street 200.00 200.00 400.00 Hinky Dinky 5 Tai Lane 200.00 200.00 400.00 Interstate Chevron 1230 North 7th Avenue 200.00 200.00 JW's Hide-A-Way Lounge 1625 West Main Street 500.00 500.00 Joe's Parkway 903 West Col lege Street 200.00 200.00 400.00 John Bozeman's Bistro 242 East Main Street 200.00 200.00 400.00 K Mart 1126 North 7th Avenue 200.00 200.00 400.00 Kwik-Way, Inc. #31 123 West Kagy 200.00 200.00 400.00 I Kwik-Way, Inc. #32 401 East Peach Street 200.00 200.00 400.00 Little John's Bar 515 West Aspen Street 500.00 500.00 Me and Janis Mini Mart 919 West College Street 200.00 200.00 400.00 Me and Jan's II 621 West Main Street 200.00 200.00 400.00 12-19-88 58 APP LI CAN T BEER WINE LIQUOR TOTAL - Mini-Mart #728 717 West College Street $ 200.00 $ 200.00 $ $ 400.00 Mini-Mart #729 1910 West Main Street 200.00 200.00 400.00 Molly Brown 703 West Babcock Street 500.00 500.00 I Montana Pizza dba Godfather's Pizza 200 South 23rd Avenue 200.00 200.00 400.00 A' Brien's Restaurant 312 East Main Street 500.00 500.00 Osco Drug, Inc. 1525 West Main Street 200.00 200.00 400.00 Overland Express 321 East Main Street 500.00 500.00 Price Rite Drug 910 North 7th Avenue 200.00 200.00 400.00 The Rocking R Bar 211 East Main Street 500.00 500.00 Scoop Bar 712 West Main Street 500.00 500.00 The Sundance 120 North 19th Avenue 500.00 500.00 TeePee Gas 2230 West Main Street 200.00 200.00 400.00 Town and Country Warehouse Grocers 220 North 20th Avenue 200.00 200.00 400.00 I Town Pump No. 2 2607 West Main Street 200.00 200.00 400.00 Treasure State Oil, Inc. dba Hilltop Chevron 1007 East Main Street 200.00 200.00 Van's IGA 912 North 7th Avenue 200.00 200.00 400.00 Vi lIage Inn Pizza 805 North 7th Avenue 200.00 200.00 400.00 Williams' Pump & Pak, Inc. 2020 North 7th Avenue 200.00 200.00 400.00 The Wine Merchant 27 East Main Street 200.00 200.00 The VFW Club 321 East Main Street 500.00 500.00 Total - 46 applications $19,200.00 The City Manager recommended that the Commission approve the applications for renewal of Beer, Wine and Liquor Licenses as listed. He then noted that not all of the applications have I been submitted to date; so those remaining will be submitted at next week's meeting for consid- eration. Commissioner Vant Hull expressed concern about activities of some of the bars along Main Street just before and during this year's Christmas Stroll, questioning whether this is the ap- propriate time for the Commission to address that issue. City Manager Wysocki reminded the Commission that the State controls the issuance of li- quor licenses and addresses any problems incurred; and the City only licenses based on State approval. He then indicated that the staff is currently working with representatives from the 12-19-88 59 Christmas Stroll in reviewing this year's activities to determine what can be done to make the situation better in future years. Commissioner Vant Hull indicated she does not feel that the actions of some of the down- town bars on the day of the Christmas Stroll were appropriate. She stated, however, that she will support approval of the license renewals as long as the staff is working with the Christmas Stroll to address the issue. I It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission approve the renewal of Beer, Wine and Liquor Licenses for Calendar Year 1989 for the various establishments as listed above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Appointments to Board of Adjustment (2) Commissioner Martel noted that some of the applications for this board, as well as some of the subsequent boards and commissions, have been on file in the City offices for several years. He encouraged the Commissioners to consider those individuals during this appointment process, noting they have been interested enough to keep their applications current and active. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission reappoint Jeffrey A. Ball and appoint F. Eugene "Gene" Spranget to replace P. Leslie Nielsen on the Board of Adjustment, with three-year terms to expire on December 31, 1991. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Appointment to Board of Appeals (1) It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission reappoint Robert V. Lashaway to the Board of Appeals, with a three-year term to I expi re on December 31, 1991. The motion carried by the following Aye and No vote: those vot- ing Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull , Commis- sioner Martel and Mayor Stiff; those voting No, none. Appointment to Arts Advisory Committee (1) - Commissioner Goehrung noted that a couple months ago he requested and received auth- orization to pursue the possibility of expanding this committee's activities to include more cul- tural items, particularly during the Centennial Year. He indicated he has begun that process on an informal basis but has no proposal to submit at this time. The Commissioner then suggested that expansion of duties and activities may cause a need to expand the membership and asked if appointments should be deferred until such time as that is determined. Following a brief discussion, the Commissioners concurred it would be better to fill the expired term at this time, with any future reorganization and possible appointments to be ad- dressed at that time. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission reappoint Kathryn Helzer to the Arts Advisory Committee, with a three-year term to ex- pire on December 31, 1991. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Appointments to Band Board (2) I It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull , that the Commission reappoint Rolf C. Johnson and Charles McGuire to the Band Board, with three-year terms to expi re on December 31, 1991 . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Com- missioner Goehrung and Mayor Stiff; those voting No, none. Appointment to Cemetery Board (1) I t was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission appoint Mary Alice Chester to replace Chuck Molyneaux on the Cemetery Board, with a 12-19-88 60 three-year term to expire on December 31, 1991 . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Appointment to City-County Planning Board (1) It was moved by Commi ssioner Goehrung, seconded by Commissioner Hawks, that the Commission appoint Roger L. Craft to replace Ted Metzger on the City-County Planning Board, I with a two-year term to expire on December 31, 1990. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Appointment to Pedestrian /Traffic Safety Committee (1) Commissioner Hawks suggested this committee may need to be restructured and made more functional, since it has been inactive for quite some time. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull , that the Commission appoint Dean Drenk to replace Steve Kovatch on the Pedestrian/Traffic Safety Com- mittee, with a two-year term to expire on December 31, 1990. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Appointments to Recreation Advisory Board (6) It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission appoint Dick Pohl to replace Larry Bailey on the Recreation Advisory Board, with a term to expire on December 31, 1989; appoint Joe Frost to replace Mike Cavaness on the Recreation Advisory Board, with a two-year term to expi re on December 31, 1990; and reappoint Jain J. Davis, Joanne Jennings, Bill Murdock and Steve Weil to the Recreation Advisory Board, all with two-year terms to expire on December 31, 1990. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner I Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Appointment to Zoning Commission (1) It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission appoint Dale Brentrup to replace Roger Craft on the Zoning Commission, with a two-year term to expire on Decem ber 31, 1990. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Appointments to Senior Citizen Advisory Counci I City Manager Wysocki noted that the Senior Citizen Advisory Counci I has submitted a pro- posed list of members for the upcoming year. It was moved by Commissioner Hawks, seconded by Commi ssioner Vant Hull , that the Commission appoint the following to the Senior Citizen Advisory Council, as recommended by that body: BOZEMAN SENIOR CENTER Bill Larsen Stanley Ferguson, Alternate Joe Biggs Don Johnson, Alternate GALLATIN COUNTY COUNCIL ON AGING Harold Dusenberry Jim Taplin, Alternate I AMERICAN ASSOCIATION OF Torlief Aasheim RETI RED PERSONS Beverly Barnhart, Alternate RETIRED TEACHERS ASSOCIATION E. A. Keyes NATIONAL ASSOCIATION OF RETIRED Bob Summers FEDERAL EMPLOYEES Fred Sandoval, Alternate THRIFT STATIONS Ed Sedivy, Sr. George Puhach, Alternate 12-19-88 61 RETIRED SENIOR VOLUNTEER PROGRAM Marj Atchison Cindy Craig, Alternate AT-LARGE Willard Harper Bob Howe, Alternate The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; I those voting No, none. Break - 3:15 to 3:20 p.m. Mayor Stiff declared a break from 3:15 p.m. to 3:20 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) Notes from Commissioner Hawks on the 1988 National League of Cities Congress of Cities recently held in Boston, Massachusetts. Commissioner Hawks briefly reviewed the notes he had prepared on the sessions he had attended, which included "Economic Vitality: The Outlook for the Nation and Its Cities" ; "Financing Economic Development in Your Small City" ; "Building Consensus with a Winning Team" ; "New Ways to Deliver Traditional Services"; "Leisure Programs that Work in Small Cit- ies"; and "New Developments in Zoning and Land Use Regulation ". Commissioner Hawks stated he felt the conference was worth attending, suggesting that if the conference is closer to Bozeman in the future, the Commission may wish to send two Commis- sioners. He indicated that he has some ideas from the meeting and will pursue them as oppor- tunities arise. (2) Commissioner Vant Hull indicated that she will be leaving on Tuesday to spend I Christmas with family. She stated she intends to be back in time for next week's Commission meeting, unless weather prohibits. Mayor Stiff stated the Commission will take action on her absence at the beginning of next week's meeting if necessary. (3) The City Manager reminded the Commission that the next two Commission meetings will be held on Tuesdays due to the Monday holidays for Christmas and New Years. Executive Session - evaluation of City Manager Mayor Stiff stated this was the time set for evaluation of the City Manager. He indicated that the City Manager has requested that the evaluation be held in executive session. He then stated that as presiding officer, he has reviewed Section 2-3-203 (3), Montana Code Annotated and has determined that the demands of individual privacy clearly exceed the merits of public disclosure. Mr. Bill Brock, reporter for the Bozeman Dai Iy Chronicle, stated the Chronicle protests the executive session. He then asked the Mayor to review the steps he has followed in deter- mining the right to privacy; and the Mayor did so. At 3:50 p.m., it was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commission call an executive session for the purpose of discussing personnel, and re- quested that all persons except the Commissioners, City Manager Wysocki and the Clerk leave the room. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Vant Hull , Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and I Mayor Stiff; those voting No, none. At 5: 45 p. m., it was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Commission close the executive session and reconvene the open meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Com- missioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Mayor Stiff reminded the Commission that the City Manager's salary has been adjusted on a calendar year basis in the past. He then asked if the Commission wishes to consider an ad- justment for the period January 1 to June 30, 1989, with the salary then being placed on a fiscal 12-19-88 62 year with all other salaries. Following a brief discussion, it was determined that the City Man- ager's salary should remain on a calendar year, separate from all other salary adjustments. Mayor Stiff then reminded the Commission that the employment agreement with City Man- ager Wysocki should be reviewed, with any adjustments to be made at this time. Commissioner Hawks requested a comprehensive listing of the benefits which the City Manager currently receives as well as his base sa lary. City Manager Wysocki requested that the Commission review the severance pay section of I the agreement, the allowance for use of his personal vehicle and the percentage set aside in de- ferred compensation. Mayor Stiff requested that the employment agreement and sa lary ordinance be placed on next week's agenda for consideration. Adjournment - 5:55 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Ma rtel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I I 12-19-88