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HomeMy WebLinkAbout1987-05-11 201 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA May 11, 1987 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room. I Municipal Building, May 11,1987, at 2:00 p.m. Present were Mayor Mathre, Commissioner Jordan, Commissioner Stiff, Commissioner Vant Hull, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. Commissioner Martel was absent in compliance with Section 7-3-4322 (2), M. C.A. 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. Minutes It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of their regular meeting of May 4, 1987, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Com- missioner Vant Hull and Mayor Mathre; those voting No, none. Authorize City Manager to sign - Agreement with Sundance Saloon City Manager Wysocki presented to the Commission a copy of a letter from the City Attor- ney to Diana Koon, License Bureau Chief for the Liquor Division, along with a copy of an agree- ment between the City and the Sundance Saloon which has been drafted by City Attorney Becker and Janice Whetstone, attorney representing Mrs. Bonnie Hougen. City Attorney Bruce Becker stated that the State of Montana Department of Revenue inves- tigated the status of the Sundance Saloon1s liquor license after questions were raised about I whether that license had lapsed for a period of more than ninety days. He further reminded the Commission that the City's Zone Code also stipulates that if a conditional use lapses for a period of more than ninety days. it loses its grandfather status and must go through the conditional use process again. The City Attorney stated that after the Department of Revenue completed its investigation, it determined that the Sundance Saloon had indeed operated under its liquor license with less than ninety days of non-use lapsing. He then indicated that the Department of Revenue has granted Mrs. Bonnie Hougen, owner of the Sundance Saloon. a temporary liquor license, which is good for a period of forty-five days. He noted. however, that the Department is aware of the City's concern about the zoning status for that facility and will not issue a permanent license until the City has made its determination on that subject. The City Attorney noted that one of the primary concerns which has been raised about the Sundance Saloon is the noise problem. He noted that he has attached a copy of the reports from the Police Department to the back of a letter from Ms. Janice Whetstone indicating what actions Mrs. Hougen is taking to address noise problems, which he had submitted to the Commission just prior to the meeting. He stated the last report I isted is dated April 26, 1986, at which time the facility was operating as the Sundance Teen Center. Commissioner Stiff asked what powers the City would have to enforce this agreement. City Attorney Becker stated that the State Department of Revenue will not issue a perma- nent liquor license until the City indicates that the Sundance Saloon is in compliance with the Zone Code. He noted that this agreement will be held in escrow at a bank until such time as I the terms of the agreement have been met. The City will then direct the bank to release the agreement and forward it to the Department of Revenue. Commissioner Vant Hull indicated that one of the new operators of the establishment has stated an intent to change the type of music in an attempt to attract an older, more settled clientele. City Manager Wysocki asked Ms. Whetstone if any accoustical work is being done to address the concerns about noise. Ms. Janice Whetstone, attorney for Mrs. Hougen, stated that some work has been done, and more is to be completed. She noted that additional insulation and sound board, covered 05-11-87 202 with cardboard egg cartons, have been installed around the band area; and a room has been added to the back of the building around the rear entrance. Also, an eight-foot fence has been extended along the northern boundary of the property from the rear of the building to the western edge of the property. She then stated that when a policeman recently went to investigate a noise complaint, Mrs. Hougen asked him to walk around the building when the band was playing at high volume; and he indicated that he could hear nothing with all of the doors closed. Ms. Whetstone then stated that Mrs. Hougen does plan to operate the Sundance Saloon I differently from the way it has been in the past. attracting an older group of clientele, which should help to alleviate some of the noise problems. City Manager Wysocki recommended that the Commission authorize him to sign the agreement, noting that it contains several required improvements that have not yet been completed. It was moved by Commissioner Stiff. seconded by Commissioner Vant Hull, that the Commis- sion authorize the City Manager to sign the Agreement with the Sundance Saloon. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff. Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Request from Historic Preservation Advisor Commission - hirin of a Historic Preservation Icer City Manager Wysocki presented to the Commission a letter from the Historic Preservation Advisory Commission requesting permission to address the Commission concerning hiring of a Historic Preservation Officer. Ms. Joan Kelley, member of the Historic Preservation Advisory Commission, reminded the Commission that they had established the Advisory Commission two years ago, at the request of Martha Claire Catl in, who was serving as Historic Preservation Officer. She noted that the Advisory Commission has applied for, and received, Certified Local Government (CLGl grant status; and may now apply for matching grants for operating of a historic preservation program. Ms. Kelley stated that she feels the City needs an aggressive Historic Preservation Officer who will promote the program. She noted that would stimulate the economy of the I community, creating jobs for renovation of structures rather than construction of new facilities. Also, the list of most desirable cities includes those with strong historic preservation programs. Ms. Kelley then submitted to the Commission a proposed budget for the upcoming fiscal year, including a list of the funding sources. She noted this proposal includes a half-time Historic Preservation Officer. She indicated that it is the intention of the Historic Preservation Advisory Commission to make the position of Historic Preservation Officer a self-sustaining unit, through use of matching funds and private donations, within the next year or two. She noted, however, that the Advisory Commission must seek City support initially to achieve that goal. Ms. Kelley then requested that the Commission appropriate $6,000 for this function, so that they may submit an application to the State for matching funds by the May 30, 1987 deadline. Ms. Joan Kelley stated that since Matt Cohen, the last Historic Preservation Officer, left. one of the Planning Staff members has served in that capacity but does not have adequate time to devote to the activity. She noted that the position should be refilled with an individual who can take an active part in promoting the program and seeking funding to continue. City Manager Wysocki recommended that the Commission acknowledge receipt of this request and refer it to staff for review. He indicated that this item will probably be placed on next week's agenda for further discussion. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commis- sion acknowledge receipt of the request for hiring of an Historic Preservation Officer, as sub- mitted by the Historic Preservation Advisory Commission, and refer the request to staff for review and a report to be submitted at next week's meeting. The motion carried by the follow- I ing Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan. Com- missioner Stiff and Mayor Mathre; those voting No. none. Third quarter budget review; authorize Mayor to sign Budget Amendment City Manager Wysocki presented to the Commission a copy of the third quarter budget review, as prepared by Director of Finance Gamradt. He noted that, accompanying the report is a budget amendment to transfer from the General Fund Undesignated Reserve to the Library In the amount of $1,000, as well as transfers between operations and salaries in a total amount of 05-11-87 2U3 $4,500. The City Manager then noted that revenues are approximately 1 percent below anticipated levels, mainly due to lower interest rates and the change in distribution of the block grant monies. The City Manager recommended that the Commission acknowledge receipt of the third quarter budget review and authorize the Mayor to sign the budget amendment as prepared. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission I acknowledge receipt of the third quarter budget review, and authorize the Mayor to sign the accompanying budget amendment. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting. No, none. Absence of Commissioner Jordan - meeting of May 18, 1987 It was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that the Commis- sion authorize the absence of Commissioner Jordan from the meeting of May 18. 1987, 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 Stiff, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Discussion - FY I items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A summary of legislation for this past session, as prepared by the Montana League of Cities and Towns. (2) A memo from the League concerning the Governor's veto of SB274, changing publica- tion requirements for local government audits. The letter also asks that local government officials contact their local legislators to encourage them to over-ride the Governor's veto through a mail vote. I (3) Mayor Mathre asked about the status of HB436, which affects the reappraisal system. City Manager Wysocki stated that SB71 is a companion bi II, which alleviates some of the concerns which have been expressed. He then indicated that the bills do not become effective until December 31, so they will have no impact on this year's budgeting process. (4) A copy of the agenda for the City-County Planning Board meeting to be held on Thursday, May 14, 1987. (5) A copy of a letter from Pacific Hide and Fur donating $135.66 to the "Trash to Treasures" clean up campaign. (6) A memo from Commissioner Vant Hull concerning her recent conversations with Roger Crumm, Deputy City Manager of Spokane, Washington. (7) The City Manager indicated that the staff intends to implement water rationing measures. beginning tomorrow. He submitted to the Commission a copy of the display ad that is to be placed in the newspaper, beginning tomorrow, noting that a news article is to appear in tOday's paper. He noted that the City drew 9 acre feet from Hyalite Reservoir today. Also, the junior stream rights will probably be lost shortly and the 1866 water rights served on a pro-rata basis as they were in 1985. (8) The City Manager stated that the State has indicated ~hat funding for the Land and Water Conservation Grant for Jarrett Park will be available to the City in April 1988. (9) Mayor Mathre reminded the Commissioners of the I nteragency Breakfast to be held at 7:00 a.m. on Wednesday, May 13, at the GranTree Inn. (10) Commissioner Jordan requested that a discussion on possible installation of sidewalks I along South Third Avenue be placed on the agenda in the near future. He noted many concerns have been expressed during the past few years about the lack of sidewalks along that street. Appointment to Yellowstone Country Board City Manager Wysocki stated that Executive Vice President of the Chamber of Commerce Daria Joyner had requested this item be placed on the agenda. Ms. Daria Joyner indicated that Montana has been divided into tourism regions; and Yellowstone Country consists of Gallatin, Sti IIwater, Carbon. Sweet Grass and Park Counties. She noted that Yellowstone Country has been in existence for approximately five years; however, 05-11-87 20/+ it has had no source of funding. She stated that HB84, which will become effective July 1, 1987, provides for up to 4 percent bed tax, with the monies to be divided between the State, region and local Chambers of Commerce for promotion of tourism. She indicated that, as part of the by-laws for this board, each county, unincorporated area within the county and every in- corporated city will have one member serving on the board for their specific country, which will make a total of 21 members on the Yellowstone Country Board. Ms. Joyner stated that she has requested an opportunity to address the Commission on I this appointment as a courtesy. noting that the Chamber of Commerce may appoint the various representatives to the board. She indicated that, since the board will be responsible for administration of an estimated $200,000 in funds annually, she felt the various governing bodies should be given the opportunity to select a representative with whom they feel comfortable. She then stated that a city representative must live or own a business within the city limits. Ms. Joyner stated that under HB84, 75 percent of the monies collected through the bed tax stay with the State for travel promotion and 25 percent is distributed to the nonprofit tourism organizations and local Convention and Visitors Bureaus (CBV's). She noted that if a local community collects $35,000 or more in revenues, it is eligible for the local portion of the monies; otherwise, those monies remain at the regional level. Daria Joyner submitted to the Commission the name of Jerry Perkins, Karst Stage, as the city representative on the Yellowstone Country Board. She noted that if the Commission would prefer, it could appoint him temporarily so that a representative could attend the annual board meeting to be held on May 18, and appoint a permanent representative later this month. Commissioner Vant Hull indicated she would support temporary appointment of Jerry Perkins, since he lives outside city limits; however, she would prefer to appoint a city resident as the permanent member of this board. Ms. Joyner stated that after this program has been established. the local CBV will submit its proposed marketing plan to the City Commission for approval, as required in the legislation. She noted that appointment of a representative to the Yellowstone Country Board as well as approval of the local marketing plan helps to keep the local governments involved in the tourism I promotion process. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commis- sion temporarily appoint Jerry Perkins to serve as the City of Bozeman representative on the Yellowstone Country Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Consent Items Items. II 17-24, 1987 Division report for April 1987 It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission I approve the Consent Items as listed and the appropriate persons be authorized and directed to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Adjournment - 3:15 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 Jordan, that the meeting be adjourned. 05-11-87 2U5 The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. JUDITH A. MATHRE, Mayor ATTEST: . I Clerk of the Commission I I 05-11-87