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HomeMy WebLinkAbout1985-11-12 43B MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA November 12, 1985 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, November 12, 1985, at 4:00 p.m. Present were Mayor Weaver, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager I Wysocki, Assistant City Manager Barrick, City Attorney Crumbaker-Smith 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 November 4, 1985, were approved as submitted. None of the Commissioners requested that any of the Consent Items be removed for discussion. Decision - Conditional Use Permit - Sunrise Investments, Inc., dba Ziebart Appearance and Protection Service, for Junior W. and Elizabeth Tschache and Charlie Rush, et al - allow an automotive appearance and protection service on Tract 18, Gordon Mandeville State School Section Subdivision (2312 North 7th Avenue) This was the time and place set for the decision on the Conditional Use Permit requested by Sunrise Investments, Inc., doing business as Ziebart Appearance and Protection Service, for Junior W. and Elizabeth Tschache and Charlie Rush, et ai, to allow an automotive appearance and protection service on Tract 18, Gordon Mandevi lie State School Section Subdivision. This site is more commonly known as 2312 North Seventh Avenue. City Manager Wysocki reminded the Commission that the public hearing on this item was conducted at last week's meeting. He then concurred in the Planning Staff and Zoning Commission recommendation that the Conditional Use Permit be approved, subject to eleven conditions. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the Conditional Use Permit requested by Sunrise Investments, Inc., doing I business as Ziebart Appearance and Protection Service, to allow an automotive appearance and protection service on Tract 18 of Gordon Mandevi lie State School Section Subdivision, subject to the conditions recommended by the Zoning Commission as follows: 1. That the location of the utility easements, as indicated on the site plan, be confirmed prior to final approval. 2. That a pedestrian walkway be provided from the off-street parking lot to the proposed structure prior to final approval. 3. That the existing lot be amended through the Bozeman subdivision regulations to provide an individual parcel of land for the proposed use, excluding all other buildings on the adjacent property, prior to final approval. 4. That the final site plan indicate graphically all permanent and temporary structures, topographical features, utility facilities (to include utility poles and fire hydrants), and identify the easements which traverse the property, prior to final approval. 5. That the access point off North Seventh Avenue be approved by the State Highway Department prior to final site plan approval. 6. That final site drainage plans be reviewed and approved by the City Engineering Officer prior to final site plan approval. 7. That the applicant provide an appropriate water irrigation system for all landscaped areas and that it be reviewed and approved by the Planning Director prior to final site plan approval. 8. That the developer enter into an Improvements Agreement with the City I of Bozeman. The structures may not be occupied until all required improvements have been installed and inspected and accepted by the City of Bozeman for each phase. I f occupancy is to occur prior to the installation of the required improvements, the agreement with an acceptable method of security equal to one and one-half (H) times the amount of the cost of the scheduled improvements for each phase shall be provided to secure completion. 9. That three copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six 11-12-85 439 (6) months of the date of the City Commission approval and prior to issuance of a building permit for the project for each phase. One signed copy shall be retained by the Building I nspection Division, one by the Planning Director and one by the appl icant. 10. That all on-site improvements (i.e. paving, landscaping, etc.) shall be completed within eighteen (18) months of the Conditional Use Permit approval as shown on the approved final site plan for each phase. I 11. That the Conditional Use Permit shall be valid for a period of only eighteen (18) months following approval of the use for each phase. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report will be made to the City Commission for their action. If all required conditions have been satisfied, the permit wi II be permanently renewed. 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. This was the time and place set for the decision on the Zone Code Amendment proposed by the Planning Staff to amend Sections 18.10.020, 18.50.220 and 18.52.140 of the Bozeman Municipal Code to allow one-family mobile home units on foundations as a permitted use in the AS, Agricultural Suburban, District. City Manager Wysocki reminded the Commission that the public hearing on this Zone Code Amendment was conducted at last week's meeting. He then concurred in the Zoning Commission1s recommendation for approval of this item. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the Zone Code Amendment proposed by the Planning Staff to amend Sections I 18.10.020,18.50.220 and 18.52.140 of the Bozeman Municipal Code to allow single-family mobile homes on foundations as a permitted use in the AS, Agricultural Suburban, District. 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. allow restaurants istrlcts This was the time and place set for the decision on the Zone Code Amendment proposed by the Planning Staff to amend Sections 18.04 and 18.52.140 of the Bozeman Municipal Code to establish a definition for bars, taverns and cocktail lounges and to allow restaurants serving alcoholic beverages as a conditional use in the B-1, Neighborhood Business; B-2, Community Highway Business; and B-3, Central Business, Districts. City Manager Wysocki reminded the Commission that the public hearing on this item was conducted at last week's meeting. He then indicated that concern was expressed about establish- ments serving alcoholic beverages in a B-1 zone; and the Planning Staff has prepared a clarifi- cation of the definition, which has been reviewed by the City Attorney. He then recommended that the Commission approve the Zone Code Amendment, to include the clarification which has been prepared. Planning Director Steve Lere stated that he feels the change made in the wording does I cover the questions raised by the Commissioners concerning primary and accessory uses. He then expressed concern about regulating hours of business in the Zone Code and stated he feels that can be better addressed during the Conditional Use Permit process. Commissioner Vant Hull asked how restrictive the definition of an accessory use is in the Zone Code. The City Attorney reviewed the definition listed in the Zone Code, which states IIIAccessory use, structure or buildingl means the use of land, a structure or a subordinate building or a portion of a main building which is secondary or incidental to the principal use or structure. II 11-12-85 44U Commissioner Jordan once again expressed concern about the hours of serving alcoholic beverages in fragile areas; and he wants to avoid a potential situation where the sale of alcoholic beverages takes over as the primary use in a business. Planning Director Lere stated that through the conditional use process those concerns can be addressed. He noted if the primary use within a structure changes, a new Conditional Use Permit must be sought; and the staff is satisfied that this procedure will address potential problems. I It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission approve the Zone Code Amendment proposed by the Planning Staff to amend Sections 18.04 and 18.52.140 of the Bozeman Municipal Code to establish a definition for bars, taverns and cocktail lounges and to allow restaurants serving alcoholic beverages as a conditional use in the B-1, B-2 and B-3 Districts, including the clarification submitted to the Commission on this date. 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. Request for permission to purchase City water as a secondary source for domestic purposes and for acceptance of human waste in the City's system - Jim Moore representing Sohio Petroleum Company City Manager Wysocki presented to the Commission a request from Attorney Jim Moore, representing Sohio Petroleum Company, to purchase City water as a secondary source for domestic purposes and for acceptance of human wastes in the City's sanitary sewer system. Mr. Jim Moore stated that the Conditional Use Permit and the Drilling Permit have been issued for Sohio Petroleum Company for a location in Bridger Canyon. He stated one of the conditions imposed is a limitation of 20 gallons per minute to be drawn from the water well for all purposes; which is to protect other wells drilled in that area. He also noted that prior to drilling of a water well, tests must be made of all water wells within a one-mile radius to determine quantity and quality of the water. He stated that as soon as the water well is drilled, Sohio will begin pumping water into storage tanks, noting that at times, the Company I wi II need more water than can be produced from the well. He indicated that the Company is seeking an additional source of water for domestic purposes only; and they realize that City water is treated and ready for domestic use. He indicated under this proposal, an 800-gallon tanker truck would fill at the City Shops, at a facility now utilized by similar vehicles, for a specified fee. Mr. Moore specified that any City water purchased would be only for human consumption and would be drawn from the Cityls system only when the need arises. Commissioner Anderson asked when the oil well drilling will be done. Mr. Moore stated that Sohio Petroleum Company must meet certain specified conditions prior to drilling; and it is anticipated that they will begin drilling just after the first of January. He also noted the permit is for 180 days, which would be around the end of June. City Manager Wysocki reminded the Commission that they have established a rather stringent policy about allowing use of City water outside city limits. He noted in this instance, the use would be for a restricted period of time and serve only as a secondary source of water for domestic purposes. Commissioner Vant Hull asked if there is anything in the conditions imposed that would decrease the amount of water that can be pumped out of the water well if it is determined that 20 gallons per minute is having an adverse impact on adjacent wells. Mr. Moore indicated there is not; however, if the well interferes with the water supply to other properties, Sohio will be required to replenish the water supply through whatever means are determined necessary. I Commissioner Anderson noted that the City faced water restrictions this past summer, with the problem first arising in mid-June when the rainfall was below normal. She then asked if the agreement for this use would include a provision for termination in the event that another drought situation is experienced. Mr. Moore stated that he feels the agreement should contain a clause for termination, after a reasonable period of time, so that Sohio has an opportunity to find a second water source. He then stated that if the weather remains generally dry, the drilling should be almost 11-12-85 441 complete by mid-June; and the use of City water will not be necessary. And if wet weather has slowed the process, the City will have an adequdte water supply. City Manager Wysocki indicated that the City staff has several concerns about approval of this request, particularly after facing water restrictions this past summer. He noted the City must protect its water supply for its regular customers and must have the capability of withdrawing from this arrangement if deemed necessary. He noted that the period of this I request is during the run-off, so it is possible that there would be no problem in providing a secondary source of water for domestic use, as requested. Commissioner Jordan asked about the current status of water availability to the City. The City Manager stated that the City still faces two critical periods, one when the springs freeze in the fall and one when additional springs freeze in the early spring. Commissioner Jordan then stated he does not want to be in a position where Sohio would be utilizing City water in their drilling operation rather than for domestic use as requested. Commissioner Mathre expressed two concerns. She noted the first is whether the City has an adequate water supply to meet the request; and it appears the supply is adequate at the current time. The second item is whether there are any legal constraints on the City providing the secondary water source for domestic use as requested. City Manager Wysocki stated the biggest constraint is the Commission policy concerning the use of City water outside city limits. He indicated that if any legal constraints are found during preparation of an agreement, he will not proceed. Commissioner Jordan suggested that a June 1 deadline be established, with a possible extension if needed. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission direct the City Manager and staff to work with Mr. Jim Moore, Attorney repre- senting Sohio Petroleum Company, in preparing an agreement, containing the appropriate fees and safeguards, for use of City water as a secondary source for domestic use; and that it be . brought back for Commission review as soon as possible. The motion carried by the following I Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Mr. Jim Moore then submitted the second portion of the request to the Commission. He noted another restriction imposed upon the Company stipulates no disposition of human wastes or garbage on-site, but all such items must be hauled off-site. Mr. Moore stated that Sohio Petroleum Company will utilize a chemical treatment of human wastes and will then contract with an individual to haul those wastes; and that contractor will be responsible for arrangements for disposal. He noted that the City operates the Waste Water Treatment Plant, which has facilities for accepting such deposits. Mr. Moore indicated that this method of disposal would be safe and sanitary; and he recognizes that a fee would be involved. City Manager Wysocki stated that the City has discouraged septic tank operators from dumping in the Waste Water Treatment Plant. He then expressed concern that if the City does not allow such disposal, the wastes may be deposited in a less desirable area. He further noted there are other ways in which the wastes could be deposited into the City's system without the opportunity for monetary compensation. Mayor Weaver noted this request, as the previous one, is for a short period of time; and all of the alternatives seem less compatible with the public health than the method requested. Commissioner Anderson stated support for the request, noting that all other alternatives are unacceptable. Commissioner Jordan asked where the wastes from septic tanks are currently being dumped. I Jim Moore indicated it is his understanding that septic tank haulers have three sites where they can dump wastes at the present time. He indicated that Sohio has submitted this request because they feel that use of the City's system will not create any legal or health problems to residents of the area. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the City Manager be directed to prepare an agreement for acceptance of human wastes from the Sohio Petroleum Company into the City's Waste Water Treatment Plant, containing the appro- priate safeguards, and establ ishing an appropriate fee; and that the agreement be brought back 11-12-85 442 for review as soon as possible. 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. Break - 4:45 to 4:55 p.m. Mayor Weaver declared a break from 4:45 p.m. to 4:55 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. I Discussion - possibility of cable television franchising City Manager Wysocki stated the Commission had requested this item be placed on the agenda. Mayor Weaver asked each Commissioner to indicate his/her desire on whether to proceed with discussing this item. Commissioner Vant Hull stated she feels the Commission needs to proceed. She noted this issue has been hanging over their heads for three years and must be settled now. Commissioner Anderson stated she is opposed to a selective tax; and there is a current court case testing the franchise fee. She noted that copies of portions of lengthy articles in May and June issues of the New Yorker were included in the Commissioners' packets on this matter. The Commissioner then stated that if a franchise fee is imposed, the revenues should be used for local television programs only, and should not go into the City's General Fund. She further stated opposition because the franchise fee will go back to the consumer through rate increases. She also indicated that she does not feel she has adequate information to consider the item. Commissioner Jordan indicated opposition to a franchise agreement and fee. He stated if the City wishes to establish a maintenance fee for use of easements, then it should be done. He also stated that if a fee is imposed, the monies should not be utilized for public access television, but should be placed back in the City function which is impacted by the easements. Commissioner Mathre stated one of the justifications given for franchising is the use of I public right-of-way. She indicated support for proceeding with a franchise, stating that she is interested in some kind of local access which would allow local governments to have access to a specific channel for programming. The Commissioner noted that she attended a workshop on cable television franchising at the NLC Congress of Cities held in Los Angeles three years ago, after which she encouraged the Commission to appoint an advisory committee. She noted the majority report from that committee supports a franchise fee, indicating an interest in using those monies to provide publ ic access. She noted that the committee indicated that a public access channel should not be dedicated full-time; but public access should be available when requested. The Commissioner indicated that she supports a franchise because of the public access which could be provided. Mayor Weaver noted that federal legislation provides for franchising of cable television, with one of the purposes being to assure responsiveness to the needs and interests of the local community. He then indicated that he supports proceeding with the possibility of franchising. Commissioner Anderson suggested that the City work with the cable television company for local access when needed rather than proceeding with the franchise process. Commissioner Mathre indicated that the franchising process is the mechanism established for providing local access. It was moved by Commissioner Vant Hull, seconded by Commissioner Mathre, that the Commission proceed with the cable television franchising process. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Mathre and Mayor Weaver; those voting No being Commissioner Anderson and Commissioner I Jordan. Mayor Weaver noted the major issues to be addressed are (1) the rate of the fee, with the law allowing up to five percent of the gross receipts; (2) disposition of the revenues derived from the fee; and (3) public access and its definition. Commissioner Anderson added (4) fiscal and visual impact on the consumer, including program choice and control. The Commission proceeded with discussion on the first question, the rate of the fran- chise fee, as follows. 11-12-85 443 Commissioner Jordan stated he feels the only justifiable charge is based on actual costs incurred through the cable company's' use of easements. He then noted that Bozeman has only one cable television company because it is the only one that invested the monies needed to provide the service. He stated that up to five percent can be imposed as a franchise fee; but the subscribers wi II have no choice in the matter. Commissioner Anderson stated she feels if a franchise fee is imposed on cable television, I it should be imposed on a number of other service companies as well. She also stated she feels this is a consumer item and should not be addressed by the Commission. City Attorney Crumbaker-Smith stated that under existing legislation, franchise fees may be imposed only on cable television companies. Commissioner Vant Hull suggested that the Commission direct the City Manager to negotiate with the cable television company to develop a franchise agreement with a reasonable fee, taking into account the costs incurred and the value of the right-of-way. The Commissioner stated she does not feel the costs will need to be passed on to the consumer, because in other communi- ties with franchise agreements, the base rate is the same as it is in Bozeman. She noted that franchise agreements and franchise fees for cable television are recognized by the United States Supreme Court, the United States Congress and the State of Montana; and she feels the City should enter into such an agreement. She indicated that she does not support a fee at the ceiling that would be passed on to the consumers; but she does support a reasonable fee which could be absorbed by the company rather than passed on to the consumer. Commissioner Mathre noted that only recently was the limitation on the franchise fee raised from three percent to five percent; and she is not certain what the fee should be. She indicated that she is interested in not imposing any additional costs on the consumer, which was also one of the concerns expressed by the committee. She then noted that a review of other communities indicated that the base fee for cable television is the same or only slightly higher than in Bozeman; and many of those communities have franchise agreements. Mayor Weaver stated he feels the City should establish a franchise fee of three to five I percent. Commissioner Jordan questioned whether all cable companies pay the same fees for the channels which they broadcast, noting that may change the costs they incur as well as the rates they charge. Mr. Hank Sexton, Tele-Communications, Inc., stated the franchise fees imposed in Montana fluctuate, citing Billings at 4 percent of the basic and pay charges, Butte at 4 percent of the basic and net on the pay charges, and Helena at a flat $1.00 per customer. He then stated the base charge in Helena and Bozeman is $12.45; and in Butte it is $13.47 per month. Mr. Sexton stated that the billing statements in Butte break out the franchise fee, noting that the cable television company cannot bear those costs over an extended period of time but must pass those costs on to the consumer. Mayor Weaver asked how many customers there are in Bozeman. Mr. Tom Glendenning, Tele-Communications, Inc., stated there are approximately 5,500 basic customers. Commissioner Anderson asked how the cable television rates in Bozeman compare to those across the nation. Mr. Sexton indicated he does not know. He then stated the rates are based on budgetary needs, not on the rates charged in other communities. He indicated that rates are generally higher in Montana because the channels are carried on microwave, which costs more. He once again stated that the cable television company must pass its costs along to the consumer, including the franchise fee. I Commissioner Vant Hull asked at what rate the cable television company could absorb the franchise fee. Mr. Sexton stated the cable television company could absorb a fraction of a percent for a franchise fee. Mayor Weaver suggested the Commission consider a 4 percent franchise fee. Commissioner Anderson stated she feels a public hearing should be held; and the con- sumers must be involved in this process. 11-12-85 441t Mayor Weaver stated support for conducting a public hearing, noting that a proposed franchise agreement must first be prepared so that the Commission has something upon which to conduct a public hearing. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that action on this item be tabled until additional information is available. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Anderson and Commissioner Jordan; those voting No being Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver. It was then moved by Commissioner Vant Hull, seconded by Commissioner Mathre, that I the Commission authorize and direct the City Manager to negotiate a franchise agreement with the cable television company, to include a franchise fee of not more than 4 percent, while considering factors such as consumer costs. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Mathre and Mayor Weaver; those voting No being Commissioner Anderson and Commissioner Jordan. Break - 5:35 to 5:45 p.m. Mayor Weaver declared a break from 5:35 p.m. to 5:45 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion (continued) - possibility of cable television franchising Mayor Weaver noted the second item to consider is the disposition of the revenues generated by the franchise fee. Commissioner Vant Hull stated she feels the franchise fee is a means which allows the City to recoup some of the revenues lost through other sources during recent years, indicating it is the Commission's responsibility to accept sources of funding for the General Fund which have been approved through legislation. She stated that she feels the revenues should be placed in the City's General Fund; and stated she would compromise by allowing a portion of the monies to be utilized for public access programming. Commissioner Anderson suggested that local access be pursued through over-the-air I methods rather than through cable. She further noted that the committee unanimously indicated that if the franchise fee were to be placed in the General Fund, they were opposed to franchis- ing. She also indicated that she feels this would be spot taxation for the General Fund. Commissioner Jordan stated if the franchise fee is imposed, the cost on a per-foot or per-mi Ie for easements must be determined and the actual costs charged, with those monies being deposited back into the budget unit which is affected by the cable television company's use of the easement. Commissioner Mathre stated the final recommendation from the committee was that the franchise provide local public access. She then indicated that she feels as much of the franchise fee as possible should be allocated for local public access; but she would support up to 50 percent of the monies being placed in the General Fund. Mayor Weaver stated support for the committee's recommendations, stating that he also supports Commissioner Mathre1s willingness to place up to 50 percent of the monies in the General Fund if deemed necessary. Mr. Ed Groenhout, member of the former committee, stated that a series of options are available; and those options should be maintained. He noted that local access programming is expensive to develop and broadcast, suggesting that use of in-kind services could possibly be credited to the franchise fee. He also noted that imposing a requirement to provide local access programming causes the cable subscribers to incur costs about which they do not know. He also noted that local access programming may cause the cable company to purchase rather expensive equipment, which may be utilized only a few times each month. I Commissioner Vant Hull asked if this type of possibility should be negotiated into the franchise agreement. City Manager Wysocki noted that the Commission actions have taken away options to negotiate, since both parties are sitting in this. meeting. He then indicated that in his memo submitted to the Commission about eight months ago, he recommended that the franchise fee be placed in the General Fund; that local access television be minimal if determined necessary; and that a consultant be retained to prepare the franchise agreement. 11-12-85 445 The Commissioners then concurred that they do not wish to take action on the disposition of revenues at this time. The Commission then turned its attention to the third question, which applies to local access television and its definition. Commissioner Mathre stated her interpretation is the availability of local programming of interest to cable customers. She suggested that a committee be formed to establish guidelines I for what programming would be allowed through local access. Commissioner Anderson suggested that the Comm.ission ask the cable television personnel for a definition. She also asked what the difference is between local access and over-the-air programming. Commissioner Vant Hull stated she feels this item should be explored later. She then expressed concern that if the City becomes involved in public access, it will be implementing a new program; and the entire franchise fee would be going to the City for the costs of setting up and administering the new program. Commissioner Jordan stated that he has found local access television is not widely viewed, expressing concern that such a requirement would be catering to only 100 or 150 people. Mayor Weaver stated he feels public access means the public education channel, although there may be other mechanisms. Mr. Hank Sexton stated that public access means those channels where anyone can walk in the door, get on the air and do anything. He noted if the Commission wishes to consider a community channel, the City then has control of what is aired on the channel. He then stated that over-the-air programming is a broadcast channel, which is in direct competition with cable television. Commissioner Mathre stated that the committee determined that a dedicated channel could not be utilized because there will not be sufficient funds available for more than two hours per week if the total franchise fee is allocated to local programming, but they wished access to an I existing channel for whatever programming can be done. Mr. Sexton stated a community channel does not need to be dedicated. He indicated that Great Falls has just begun a community channel, with the City utilizing it part-time and the cable company utilizing it part-time. Commissioner Vant Hull suggested the possibility of utilizing a public access or community channel only a few times during the year for public interest items and special events rather than on a regular basis. Commissioner Mathre stated that it is very difficult to achieve a local program, noting that the League of Women Voters sponsored a program a few years ago to explain the Cityls $800,000.00 deficit. She stated that it cost $500.00 to $600.00 to use the faci Iities at MSU to tape the program for broadcast through the cable company. She then noted that Bozeman does not have a local broadcast station available for such programming. Mr. Ed Groenhout stated that KUSM, the television channel located at MSU, is not sub- sidized by the State or by Montana State University and, therefore, must charge an adequate amount to cover its costs. He noted that a broadcast station faces a half-million-dollar capital investment initially to broadcast through cable. He then stated support for a franchise if it is mutually beneficial to the cable television company and the community. He noted the monies allocated for local access could possibly be utilized by small, nonprofit organizations that do not have monies for tele-communications but who have important information to disseminate. He then noted that cable television reaches the vast majority of households in the community, while over-the-air broadcasting reaches a much smaller number. Mr. Groenhout stated that strict I guidelines must be developed for what will be allowed on local access television. Mayor Weaver asked if public access means a capacity to do programming rather than a dedicated channel; and Mr. Groenhout stated that it does. Mayor Weaver then asked Mr. Groenhout what he feels community access should mean in Bozeman. Ed Groenhout stated it is a method or system whereby access can be obtained to reach the cable subscribers, possibly through a shared or over-the-air broadcast, with the ability to present programming that would be in the community's interest. 11-12-85 44G Mr. Tom Bork, Tele-Communications, Inc., in Salt Lake City, stated there are a lot of resources available to the City in determining whether and how to franchise the cable tele- vision. He also noted that this meeting is hampering the cable televisionls ability to negotiate a franchise, as noted earlier by the City Manager. Mr. Groenhout then stated the franchise fee is placed on a user fee; and, therefore, should not be placed in the City's funds. Mayor Weaver asked if there are any cable subscribers living outside city limits; and Mr. I Sexton indicated there are. Mayor Weaver then noted that the fourth item, concerning the impact on subscribers, has been partially addressed in this discussion; and he feels the remainder can be adequately addressed during a public hearing. The Commission concurred. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission authorize and direct the City Manager to negotiate a franchise agreement with Tele-Communications, Inc., with or without the use of a consultant, including the elements which have been agreed upon during this meeting, with all costs incurred to be recovered from the franchise fee. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No being Commissioner Anderson and Commissioner Jordan. Ordinance No. - Tentative Capital Improvement Proqram Appropriation Ordinance for FY 1986 City Manager Wysocki presented to the Commission the Tentative Capital Improvement Program Appropriation Ordinance for Fiscal Year 1986, as reviewed by the City Attorney, entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS CAPITAL ITEM EXPENDITURES FOR THE PERIOD JULY 1,1985 THROUGH JUNE 30,1986. The City Manager briefly reviewed the expenditures and revenues sections of the Ordinance. I He noted that a portion of the expenditures is entitled "Rebudgeted Projects" and contains items previously listed in the C I P Appropriation Ordinance which were not completed as of June 30, 1985, when the previous Ordinance terminated. He further indicated that some revenues will be placed back into the CI P Fund because Gallatin County will reimburse the City for a portion of the hazardous materials van equipment and Montana State University will reimburse the City for one-half the costs of the fire equipment needed to service the campus. He then indicated that a portion of the Undesignated Reserves has been utilized to cover the cost of the items contained in this budget. The City Manager also noted that attached to the Ordinance are memos from the various department heads indicating the need for each of the items contained in this proposed budget. Commissioner Vant Hull indicated she has the following questions: (1) are all of these items contained in the old capital improvements list originally submitted to the Commission; (2) are there new items contained in this Ordinance; and (3) how do any new items compare with the list of old items? Commissioner Jordan noted the Bogert well has been budgeted before and questioned if there is a problem with that line item. The City Manager noted that the City has unsuccessfully solicited bids on three separate occasions. He indicated that two firms have indicated interest on bidding on this item when bids are solicited again. City Manager Wysocki then recommended that the Commission provisionally adopt the I Ordinance and set the public hearing date for December 2, 1985. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission provisionally adopt the Tentative Capital Improvement Program Appropriation Ordinance for Fiscal Year 1986 and set the public hearing date for December 2, 1985. 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. 11-12-85 447 Ordinance No. - Tentative Energy Conservation Capital Improvement Program Appro- priation Ordinance for FY 1986 City Manager Wysocki presented to the Commission the Tentative Energy Conservation Capital Improvement Program Appropriation Ordinance for Fiscal Year 1986, as reviewed by the City Attorney, entitled: ORDINANCE NO. I AN ORDI NANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS ENERGY CONSER- VATION CAPITAL IMPROVEMENT PROJECT ITEM EXPENDITURES FOR FISCAL YEAR 1986. The City Manager recommended that the Commission provisionally adopt the Ordinance and set the public hearing date for December 2, 1985. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission provisionally adopt the Tentative Energy Conservation Capital Improvement Program Appropriation Ordinance for Fiscal Year 1985 and set the public hearing date for December 2, 1985. 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. Discussion - FY I items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A memo indicating there will be a City-County Health Board meeting on Tuesday, November 19, 1985 at 7:00 a.m. in the Community Room of the Courthouse. (2) A memo stating there will be a meeting on the Bozeman Transit Study at 7:00 p.m. on Wednesday, November 13, 1985 in the Commission Room at City Hall. Three of the Commissioners indicated an intent to attend the meeting. (3) A letter from William E. O'Leary, Attorney for the water rate hearing, indicating I that the hearing has been delayed once again, to January 7, 1986. Commissioner Anderson expressed concern about the delays and asked what they will do to the water rates. The City Manager stated that the City, through Bill O'Leary, has expressed its concern about the delays to no avai I. (4) The agenda and packet for the Planning Board meeting to be held on Thursday, November 14, 1985. (5) The City Manager stated that the City has hired Dave Moon with the firm Moore, Rice, O'Connell to keep track of the adjudication of water rights. He noted that if he finds a problem and one of the firm1s clients is involved, the City may need to find another attorney for the case. He further indicated that the City has agreed to pay a $1,000.00 retainer for his services. (6) Mayor Weaver distributed to the Commission copies of the evaluation forms utilized last time while reviewing the City Manager and the Clerk of the Commission, as well as a copy of the Ordinance establishing the City Manager's salary. He suggested that the Commissioners review these documents and that a discussion on the evaluation forms be held at next week's meeting. Consent Items Items." I report for October 1985 It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the Consent Items as listed above, and that 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 Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. 11-12-85 448 Adjournment - 7:10 p.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 I ATTEST: Clerk of the Commission I I 11-12-85