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Home My WebLink About1984-12-24 482 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA December 24, 1984 . ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 24, 1984, at 10:00 a.m. Present were Mayor Weaver, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager I Wysocki, Assistant City Manager Barrick and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meeting of December 17, 1984, were approved as amended. Renewal of Beer, Wine and Liquor Licenses for Calendar Year 1985 This was the time set for renewal of the Beer, Wine and Liquor Licenses for the Calendar Year 1985. A total of 57 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: APPLICATIONS FOR BEER, WINE AND LIQUOR LICENSES CALENDAR YEAR 1985 APPLI CANT BEER WINE LIQUOR TOTAL - Albertson's $200.00 $200.00 $ $ 400.00 Alpine Husky 200.00 200.00 American Legion Club 500.00 500.00 Baldy Mountain Ski Supply 200.00 200.00 400.00 Bridger View Conoco 200.00 200.00 Buttrey's 200.00 200.00 400.00 Cat's Paw 500.00 500.00 I Commonwealth Hospitality Group (dba The Inn of Bozeman) 500.00 500.00 Conoco Travel Shoppe 200.00 200.00 Cowboy Cafe 200.00 200.00 400.00 Darcie's 200.00 200.00 400.00 Eagles Club 500.00 500.00 Empire, Inc. (dba The Black Angus) 500.00 500.00 Godfather's Pizza 200.00 200.00 400.00 Haufbrau 500.00 500.00 Heeb's Food Center 200.00 200.00 400.00 Hilltop Chevron 200.00 200.00 Jim Bobls Produce Market 200.00 200.00 400.00 Joe's Parkway 200.00 200.00 400.00 JW's Hide-a-Way Lounge 500.00 500.00 K Ma rt 200.00 200.00 400.00 Karl Marks Pizza 200.00 200.00 400.00 King Gallatin Corporation (dba Rocky Mountain Pasta, Bacchus Pub, and The Robin) 500.00 500.00 Kwik-Way #31 200.00 200.00 400.00 I KWik-Way #32 200.00 200.00 400.00 Kwik-Way #33 200.00 200.00 400.00 Little John's/Hipshots 200.00 200.00 400.00 Me and Janis Mini-Mart 200.00 200.00 400.00 . Me and Janis II 200.00 200.00 400.00 Nester Corporation (dba Union Hall and Mikels Place) 200.00 200.00 400.00 Red Barn Wine and Cheese Shop 200.00 200.00 400.00 12-24-84 483 Restaurant Management Company (dba Pizza Hut 200.00 200.00 Rocking R Bar 500.00 500.00 Safeway 200.00 200.00 400.00 Scoop Bar 500.00 500.00 Skagg's 200.00 200.00 400.00 I Strombolis 200.00 200.00 400.00 Sundance Saloon 500.00 500.00 Super America $200.00 $200.00 $ $ 400.00 The Bowl 500.00 500.00 The Cannery Lounge 500.00 500.00 The Crystal Bar 500.00 500.00 The Filling Station 200.00 200.00 400.00 The Hinky Dinky Superette 200.00 200.00 400.00 The Livery Stable 500.00 500.00 The Mainspring Restaurant 200.00 200.00 400.00 The Molly Brown 500.00 500.00 The Topper 500.00 500.00 The Wine Cellar 200.00 200.00 The Wine Merchant. Inc. 200.00 200.00 400.00 The Zoo Bar 500.00 500.00 3-S Express 200.00 200.00 400.00 Town and Country Warehouse Grocers 200.00 200.00 400.00 Valley Greens 500.00 500.00 Village Inn Pizza Parlor 200.00 200.00 400.00 Williams' Pump & Pack, Inc. 200.00 200.00 400.00 Willie1s Saloon 500.00 500.00 I Total - 57 applications $23,600.00 The City Manager recommended that the Commission approve the applications for renewal of Beer, Wine and Liquor Licenses as listed. Commissioner Anderson asked if there have been any difficulties with any of the listed establishments during the past year. City Manager Wysocki indicated that he has spoken with the owner of one establishment about cleaning up around his building. Commissioner Vant Hull suggested that action on renewal of the license for one of the establishments listed be tabled for a period of one week. She noted the owner has submitted a policy to be followed by the bands playing in his bar, but the statement addressing volume has not been tied to the other policy statements; and she feels he should be requested to do so. Commissioner Jordan stated he feels the $500.00 license fee for an all-beverage I icense is too low and suggested that it be increased to $1,000.00. He suggested that the I icense fee be reviewed, possibly prior to action on the renewal of the licenses. City Manager Wysocki stated he feels items such as the revision of fees should be ad- dressed as a separate item. He once again recommended that the Commission approve the applica- tions for the renewal of the Beer, Wine and Liquor Licenses for Calendar Year 1985 as listed. Commissioner Anderson stated she feels the license fees should be compared with those charged in other cities around the state. She suggested that the staff pursue the matter and I submit a report to the Commission for consideration in the future. Commissioner Mathre noted that the last time the issue concerning the Sundance Saloon was raised. the owner indicated that not many official complaints had been fi led. The Commis- sioner also noted that the Legislature will probably increase the legal drinking age, which may alleviate some of the problems. Commissioner Jordan stated Mr. Moudree has indicated that the Commission has not asked him to take any specific action. He then suggested that the Commissioners send Mr. Moudree a 12-24-84 48L} letter indicating that they feel Statement No.8 should be strengthened; and then if no action is taken, the Commission has grounds on which to take action. Mayor Weaver stated concurrence with the City Manager's statement. He suggested that the Commission act on the applications under consideration at this time and consider the possible revision of license fees on a future agenda. Commissioner Jordan then noted several monetary items are considered by the Commission on an annual basis. He suggested that two or three months before those decisions are made, I the staff should remind the Commission of the pending items so that the Commissioners have an opportunity to review the fees and determine if they should be adjusted. Mayor Weaver suggested that the Commissioner submit a proposed written policy for review by the staff and the Commission, and possible action. It was moved by Commissioner Mathre, seconded by Commissioner Anderson, that the Commis- sion approve the renewal of Beer, Wine and Liquor Licenses for the various establishments as listed for Calendar Year 1985. It was then moved by Commissioner Vant Hull that the original motion be amended to remove the Sundance Saloon from the list of licenses to be renewed for a period of one week, pending further discussion with the owner of the establishment concerning his policy for bands, especial- ly Statement No.8. The motion died for lack of a second. The original motion, to approve the renewal of the Beer, Wine and Liquor Licenses as listed, carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Anderson and Mayor Weaver; those voting No being Commissioner Vant Hull. CommIs- sioner Jordan abstained. Authorize loan of monies from SID Revolvin Fund to various SID authorize repayment 0 39, rom various unds to the City Mana'ger Wysocki presented to the Commission a memo from Director of Finance McKinney requesting authorization to transfer $225,442.51 from the SID Revolving Fund to various Special Improvement District funds as loans to cover the deficits in those specific funds, as follows: I SID No. Amount 445 $ 81.16 446 2,297.77 448 275.73 502 3,085.78 526 15,093.68 535 30,626.26 536 17,687.54 547 43. 15 552 90.40 574 3,160.85 585 3,055.25 620 201 .91 621 24,454.69 622 13,735.21 623 20,,368.80 624 18,798.43 625 68,718.89 633 3,667.01 TOTAL $225,442.51 The City Manager noted that bonds and coupons are due and payable as of January 1, 1985, and recommended that the Commission approve the request. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize the Director of Finance to transfer $225,442.51 from the SI D Revolving Fund to various Special Improvement District funds, as listed above, as loans to cover deficits I in the specific SI D funds. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. City Manager Wysocki then submitted to the Commission another request from the Director of Finance for authorization to transfer $39,633.28 from various Special Improvement District funds to the SID Revolving Fund for repayment of previous loans, as follows: 12-24-84 485 SID No. Amount 598 $ 5,021.27 605 19,770.33 613 7,967.81 614 1,012.91 617 1,081.61 619 173.42 632 4,605.93 I TOTAL $ 39,633.28 The City Manager noted these repayments to the SID Revolving Fund are for previous loans to cover deficit cash positions in the specific accounts. He then recommended that the Commission authorize the requested transfers. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis- sion authorize the Director of Finance to transfer $39,633.28 from the various Special Improve- ment District funds to the SID Revolving Fund, as listed above, as repayment of previous loans. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Fund to cover deficit cash City Manager Wysocki presented to the Commission a memo from Director of Finance McKinney requesting authorization for the transfer of $98,762.48 from the General Fund to the SID Revolv- ing Fund as a loan to cover the deficit cash position resulting from the loans to the various SID Funds in the previous agenda item. The City Manager recommended that the Commission authorize the loan as requested. Commissioner Vant Hull noted one City has refused to pay the bonds and coupons for Special Improvement Districts because no monies were available in that fund. She questioned I whether the Commission should consider similar action. The City Manager stated he and the City Attorney have discussed this matter and deter- mined it would be best to loan monies from the All-Purpose General Fund to the SID Revolving Fund to cover the deficit, recognizing that the monies will be paid back with interest as soon as possible. He noted the interest will be based on the amount of interest being paid on the bonds for each district involved. Commissioner Anderson stated she feels the public considers SI D's in the abstract and is not aware of the actual costs incurred by each taxpayer in Bozeman. She suggested that informa- tion be compiled and distributed to make the taxpayers more aware of the costs incurred by every- one through the failure of some to pay current SI D assessments. Commissioner Jordan asked if this is the first time the SID Revolving Fund has borrowed from the General Fund. The City Manager indicated this is the first time the SID Revolving Fund has been de- pleted. He noted that this year, for the first time, a two-mill levy was assessed for the SI D Revolving Fund; and the amount of revenue generated was not sufficient to meet the expenses incurred. The City Manager indicated that in the future the tax levy may need to be increased to meet the expenses. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission authorize the loan of monies, in the amount of $98,762.48, from the General Fund to the SI D Revolving Fund to cover the deficit cash position following loans to the various Special Improve- ment District funds. The motion carried by the following Aye and No vote: those voting Aye I being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Discussion - FYI Items City Manager Wysocki presented the following "For Your Information" items to the Commission: (1) Weekly construction reports as submitted by Thomas, Dean and Hoskins, Inc., for the Water Systems Improvements projects. 12-24-84 486 (2) Commissioner Vant Hull stated the book Without Fear or Favor: Odyssey of a City Manager by Leroy F. Harlow, is available at the Library. She suggested that if the Commis- sioners do not have time to read the entire book, they at least read the last chapter. (3) Commissioner Jordan noted one of the items to be considered by the Board of Adjust- ment at their next meeting is a variance for a parcel on West Main Street on which the building has been constructed. He expressed concern that a variance is being requested after Commission action and construction and suggested that the Commission may wish to consider adoption of a I policy stipulating that requests for variances be submitted to the Board of Adjustment prior to construction. Mayor Weaver stated that the Commission cannot prevent anyone from seeking redress through a procedure allowed by State Law. Commissioner Vant Hull suggested that a legal workshop be held for the Board of Adjust- ment members, to provide them with as much information as possible about their role in the land use process. Absence of Commissioner Jordan - meeting of January 14, 1985 City Manager Wysocki stated that Commissioner Jordan had requested this item be added to the agenda. It was moved by Commissioner Mathre. seconded by Commissioner Vant Hull, that the absence of Commissioner Jordan from the meeting of January 14, 1985, be authorized in compliance with Section 7-3-4322, M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre. Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. . Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Authorize Cit Mana er to si n - Warrant Deed from the City of Bozeman to the tate of Montana enlake Park Claims I It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the Consent Items as listed above, 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 Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Adjournment - 10:30 a.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission I 12-24-84