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HomeMy WebLinkAbout1983-08-08 221). MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA August 8, 1983 *********************** The Commission of the City of Bozeman met in a work session in the Commission Room, Municipal Building, August 8, 1983, at 3:00 p.m. Present were Mayor Stiff, Commissioner Weaver, I Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. Work session - revenue portion of the Tentative Appropriation Ordinance Director of Finance Swan presented to the Commission charts on the revenue portion of the "City Manager's Estimate of Expenditures and Revenues for Fiscal Year 1983-84." The Director of Finance stated these figures are estimated during the first week of May each year and indi- cated how those figures were determi ned, as follows: ALL-PURPOSE GENERAL FUND State-shared Revenues Motor vehicle flat fees $ 126,146.00 Based on actual collections through April and pro-rated for last two months of FY83; no increase or decrease anticipated. Motor vehicle reimbursement 68,119.00 Based on actual collections through April and pro-rated for last two months of FY83; no increase or decrease anticipated. The Director of Finance noted that in the last year, the total revenues were listed under the General Fund. This year, they have been split among all of the tax levy sup- ported services at the recommendation of I the State of Montana Department of Adminis- tration. Motor vehicle license fees 57,250.00 Based on actual collections through April and pro-rated for last two months of FY83; no increase or decrease anticipated. Motor vehicle title fees 5,000.00 Based on actual collections through Apri: and pro-rated for last two months of FY83; no increase or decrease anticipated. Motor vehicle fleet fees 570.00 This is the first year these fees have been included in the revenue estimate. Based on actual collections through April and pro- rated for last two months of FY83; no in- crease or decrease anticipated. Liquor tax apportionment 52,200.00 Based on actual collections through April and pro-rated for last two months of FY83; these monies are received from the State due to legislation, and no increase or de- crease anticipated. Beer tax apportionment 61,000.00 Based on actual collections through Apri I and pro-rated for last two months of FY83; these monies are received from the State due to legislation, and no increase or de- crease anticipated. Wine tax apportionment 3,750.00 Based on actual collections through April and pro-rated for last two months of FY83; I these monies are received from the State due to legislation, and no increase or de- crease anticipated. One-time Block Grant distrib. 20,000.00 Based on information received from the State prior to preparation of revenue estimate; figure was revised upward in July. This figure cannot be changed at this time, but the additional revenues can be reallocated following adoption of the Appropriation Or- dinance. Sub- Total $ 394,035.00 08-08-83 22b County-shared Revenues Library support $ 30,020.00 Based on last year's contribution; has not been set by the County Commission, but have requested increase in contribution. Sub- Total $ 30,020.00 I Licenses, Permits and Fees Building permits and fees $ 123,000.00 Based on actual receipts through April and pro-rated for last two months of FY83; no increase or decrease anticipated. These fees are subject to economic situations. Business licenses 103,500.00 Conservative estimated based on actual re- ceipts during FY83. Most of these license fees are paid in January of each year. Beer and wine licenses 27,550.00 Based on actual receipts during FY83. Most of these license fees are paid in Jan- uary of each year. Dog licenses 4,800.00 This is the first year these fees have been included in the revenue estimate. Based on actual receipts through April and pro- rated for last two months of FY83; no in- crease or decrease anticipated. Code Book sales, etc. 1,500.00 This is the first year these fees have been included in the revenue estimate. Based on actual receipts through April and pro- rated for last two months of FY83; no in- crease or decrease anticipated. Sub- Total $ 260,350.00 I Charges for Services Billings to utilities $ 95,000.00 Reimbursement to the General Fund from the various enterprise funds for indirect costs. Based on historic charges in the past three years. Will be reviewed in appli- cation of cost allocation study being con- ducted by Gil Crain. Traffic light maintenance 7,500.00 Reimbursement from the State Highway Depart- ment for maintenance of traffic signals on the State highways within the city limits. Amount is listed in the agreement between the City and the State Highway Department. Subject to negotiation each year, but not to exceed a reasonable amount. SID administration 10,000.00 Based on the estimated cost of SID's to be finalized during the budget year. The Gen- eral Fund receives 3 percent of the SI D cost upon finalization to cover administra- tive costs. Board of Adjustment fees 3,900.00 Based on actual receipts through April and pro-rated for last two months of FY83; no increase or decrease anticipated. Copy charges 575.00 Based on actual receipts through April and pro-rated for last two months of FY83; no increase or decrease anticipated. Monies received from charging 10 cents per copy for copies made for citizens. I Flood plain review 75.00 This is the first year these fees have been included in the revenue estimate. Based on actual receipts for FY83. The staff has indicated that one review is usually con- ducted each year. Pol ice services Special security 4,750.00 Based on actual receipts through April and pro-rated for last two months of FY83; no increase or decrease anticipated. Monies 08-08-83 225 received from MSU to cover actual costs incurred in providing additional police ser- vices during special events. Accident report copies 725.00 Based on actual receipts through April and pro-rated for last two months of FY83; no increase or decrease anticipated. Fire district contract 7,100.00 Monies received from the Story Mill Fire I District for fire services. Payment is stat- ed in the annual contract and is based on the mill levy paid by city residents plus 10 percent to cover administrative charges. Cemetery fees 21,000.00 Based on actual receipts through April and pro-rated for last two months of FY83; no increase or decrease anticipated, although the Commission recently approved an increase in fees. This item is difficult to estimate each year; and we have only past collections upon which to base the estimate. Animal control reimbursement 5,000.00 Reimbursement from the Humane Society. Based on actual receipts through April and pro-rated for last two months of FY83; no increase or decrease anticipated. Sub- Total $ 155,725.00 Fines and Forfeitures City Court $ 250,000.00 Based on actual receipts through April and pro-rated for last two months of FY83; no increase or decrease anticipated. This source of revenue tends to be unstable. Library 5,000.00 Based on actual receipts through April and pro-rated for last two months of FY83; no I increase or decrease anticipated. Sub- Total $ 255,000.00 Other Reimbursements from $ 30,000.00 Actual labor and equipment costs for the sprinkling districts various sprinkling districts are assessed against the various districts. The General Fund is then reimbursed for the actual time spent in these districts. Investment income 140,000.00 Based on actual receipts through April and pro-rated for last two months of FY83; no increase or decrease anticipated. Interest earnings received from the investment of City monies. This amount may vary, depend- ing upon the interest rate earned. Swimming pool fees 112,950.00 Based on actual receipts through April and pro-rated for last two months of FY83; no increase or decrease anticipated. This esti- mated amount was received from Recreation Director Mike Aune. Broad Valleys Federation of 10,200.00 This is the first year these fees have been Libraries overhead fee included in the revenue estimate. This is the amount of monies paid for administrative costs to the headquarters library for. the Broad Valleys Federation of Libraries. Sub-Total $ 293,150.00 I Gas Tax Apportionment $ 333,925.00 Based on information received from the State. Includes approximately $180,000.00 increase granted during the last Legislative session. Federal Revenue Sharing $ 61,500.00 City Manager's recommendation for use of Funds, allocated to funds for FY84. The Commission has increas- Police and Fire salaries ed this amount to $95, 170.00. 08-08-83 227 All-Purpose Tax Levy $1,495,989.00 Based on the estimated value of a mill, which was lower than FY83 value. Have since received certified mill value, which is lower than anticipated. The Commission has changed the proposed mi II levy so that actual reve- nues will be $1,474,033.00. I TOTAL ALL-PURPOSE GENERAL FUND $3,279,694.00 Has been revised by Commission to new total of $3,291,408.00. Police Retirement $ 66,721.00 Based on Police Division salaries for FY84. State-mandated payments. Supported by special tax levy. Employees Health/Medical $ 164,085.00 Based on insurance premiums for FY84. Insurance State Law mandates that the City pay all premiums for Police and Fire personnel. The City pays all health/medical insurance premiums for all City employees so that none receive preferential treatment. Sup- ported by special tax levy. Public Employees' Retirement $ 59,223.00 Based on salaries for FY84 for those employ- System ees under this program. State-ma ndated payments. Supported by special tax levy. Firefighters' Retirement $ 67,127.00 Based on Fire Division salaries for FY84. State-mandated payments. Supported by special tax levy. Comprehensive Insurance $ 69,905.00 Based on all insurance premium costs. This I amount may be reduced after an audit of the City's insurance coverage. City-County Planning City mill levy $ 41,000.00 Supported by special 2-mill tax levy. This amount was reduced from City Manager's estimate to $39,726.00 by decrease in mill value. County Jurisdictional Area levy 8,797.00 Based on last year's contribution; has not been set by the County Commission. Additional County Appropriation 2,121.00 Based on last year's contribution; has not been set by the County Commission. Carry-over funds 20,934.00 Unused funds from prior fiscal years; car- ried over so no reserve is accumuiated. This amount was changed to $22,208.00 in Appropriation Ordinance to offset decrease in the revenues from the mill levy. Fees from reviews and hearings 9,000.00 Based on estimate by Planning Director John Moss. Based on anticipated workload and contracts for coming year. Contract fees 3,735.00 Based on estimate by Planning Director John Moss. Based on anticipated workload I and contracts for coming year. Transfer from General Fund 31,260.00 Monies from the property tax levy to support the Planning function. Not added to the total revenues. Sub- Total (not including transfer from Gen. Fund) $ 85,587.00 08-08-83 228 ENTERPRISE FUNDS Water Operating Fund $ 550,194.00 Based on actual receipts through April and pro-rated for last two months of FY83; no increase or decrease anticipated. These revenues will cover minimal operations and are a fairly conservative estimate. Sewer Operating Fund 700,660.00 Based on actual receipts through April and I pro-rated for last two months of FY83; no increase or decrease anticipated. These revenues will cover minimal operations and are a fairly conservative estimate. Garbage Operating Fund 394,106.00 Based on actual receipts through Apri I and pro-rated for last two months of FY83; no increase or decrease anticipated. These revenues will cover minimal operations and are a fairly conservative estimate. TOTAL ENTERPRISE FUNDS $1,644,960.00 GRAND TOTAL $5,438,022.00 Has been revised by the Commission, and is now $5,449,736.00. Director of Finance Swan presented another chart to the Commission, indicating the percentage of the sources of revenues as follows: Source Amount Percentage City property taxes $1,941,540.00 35.63 City non-property taxes 1,768,066.00 32.44 Revenue Sharing Fund 95,170.00 1. 75 Utility user fees 1,644,960.00 30.18 Total $5,449,736.00 100.00 I Mayor Stiff asked how closely the staff has checked the figures listed in the revenue estimate with the various entities from which the revenues originate. Director of Finance Swan stated that the City has better information upon which to base these revenue estimates than in the past. She noted that it is difficult to receive a definite answer from the State Department of Revenue. She stated that she has talked to Ken Mosby, Administrative Assistant for Gallatin County, and he has indicated that he does not foresee any significant increases in revenues. Mayor Stiff then stated he feels it is necessary for the Commission to analyze the revenue estimate as well as the expenditure estimates prior to adoption of the Appropriation Ordinance. The Director of Finance indicated that she will present to the Commission a six-month review of revenues received and projections for the next six months in January. She noted that with a transition in the City Manager's position and a new Commission being seated in January, she feels it is necessary to review the City's financial position. Also, any problems can be determined and necessary actions taken at that time. Mayor Stiff indicated that the County bases its revenue estimates on the low correct figure for receipts and uses 95 percent of that amount as the estimate. Director of Finance Swan indicated that method is widely used and accepted. She noted that most of the revenue estimates are based on actual receipts during the past fiscal year, with no increased adjustment made for Fiscal Year 1983-84. She then stated that the Controller I and Computer Programmer have prepared a revenue budget similar to the expenditure budget, with a line item for each source of revenue. The revenue budget will be updated on a monthly basis. The Director of Finance then indicated that the various divisions were requested to review the projected revenues from various fees and submit their recommendations, Mayor Stiff noted that the Gas Tax Apportionment is approximately $180,000.00 more than in the past; and $200,000.00 is being appropriated for Street Division salaries for Fiscal Year . 08-08-83 229 1983-84. He stated that if it were possible, it would be best to use the Gas Tax Fund monies for projects recommended in the Transportation Plan, rather than operation of the Street Division. The Mayor stated that the $280,000.00 refund for motor vehicle license fee replace- ment monies has eliminated that possibility. He indicated uncertainty about the public's receptiveness to a 118 mill levy rather than the proposed 109 mill levy to provide the additional I revenues. He stated the City is implementing a Capital Improvements Program, including in- stallation of an elevator at the Senior Center, and trying to implement a Transportation Plan without sufficient monies to cover the costs involved. Mayor Stiff then indicated that the $280,000.00 refund will affect the City's financial situation not only this year, but for several yea rs . He stated that if the Commission analyzes the' reserves and the revenue estimates, there should not be any surprises as have occurred in past years. Commissioner Weaver stated last year, $465,000.00 in Revenue Sharing Funds were used to subsidize the General Fund. This year, that amount has been reduced to $95,000.00, which represents a 75 percent reduction in use of the Revenue Sharing monies. Commissioner Weaver stated that alternative sources of income may alleviate some of the burden on the property tax and provide the necessary funds to operate the various programs without dependence on the property tax levy. Commissioner Vant Hull noted that when the deficit was discovered in 1979, seventeen employees were laid off; and three possible mill levies were presented to the electorate. One of those levies provided for a reserve since the old reserve was eliminated to help cover the deficit, and was soundly defeated. Mayor Stiff noted this year the City will receive approximately $204,000.00 less than projected because of the refund of motor vehicle replacement fee monies. He noted this repre- sents approximately ten percent of the property tax revenues. Break - 4:00 to 4:05 p.m. I Mayor Stiff declared a five-minute break at 4:00 p.m., to reconvene at 4:05 p.m. for the purpose of conducting the regularly scheduled Commission meeting. Roll Call; Pledge of Allegiance and Invocation; Minutes The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 8, 1983, at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, 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 prayer by Commissioner Weaver. The minutes of the regular meeting of August 1, 1983 were approved as corrected. Action on the minutes of the regular meeting of June 20, 1983 was deferred for a period of one week. None of the Commissioners requested that any items listed under Consent Items be removed for discussion. Award bid - tractor with mounted mowers for Waste Water Treatment Plant (EPA participation in funding) This was the time and place set to award the bid for the purchase of a tractor with mounted mowers for the Waste Water Treatment Plant. The City Manager stated that Director of Public Service (Works) Holmes has received verbal approval from the Water Quality Bureau for purchase of this tractor with mounted mowers. He then recommended that the Commission accept the bid from Western Equipment Company, Billings, Montana, in the amount of $32,214.00, it I being the only bid received. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the bid for the purchase of a tractor with mounted mowers for the Waste Water Treatment Plant be awarded to Western Equipment Company, Billings, Montana, in the amount of $32,214.00, it being the only bid received. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. 08-08-83 , 23U Decision - Zone Map Chanqe - Michaela Shyne - R-4 and RS-l to R-4 - cas 666, Bozeman Creek Annexation (719 South Church Avenue) This was the time and place set for the decision on the Zone Map Change requested by Michaela Shyne to change the zoning from R-4 and RS-l to R-4 for Certificate of Survey No. 666, Bozeman Creek Annexation, located in Section 7 and 18, Township 2 South, Range 6 East, M.P.M., or more commonly known as 719 South Church Avenue. I City Manager Evans concurred in the Zoning Commission recommendation to approve the requested Zone Map Change. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the Zone Map Change requested by Michaela Shyne to change the present R-4 and RS-l zoning for Certificate of Survey No. 666, Bozeman Creek Annexation, more commonly known as 719 South Church Avenue, to R-4 zoning only. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Decision - Conditional Use Permit - James Lee - allow a restaurant on Lot 3, West Main Business Plaza (525 Professional Drive) This was the time and place set for the decision on the Conditional Use Permit requested by James Lee to allow a restaurant on Lot 3, West Main Business Plaza, more commonly known as 525 Professional Drive. City Manager Evans noted the Zoning Commission had recommended approval of this Condi- tional Use Permit subject to eleven conditions. The City Manager then recommended that the Commission approve this Conditional Use Permit subject to the eleven conditions recommended by the Zoning Commission. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commis- sion approve the Conditional Use Permit requested by James Lee to allow a restaurant on Lot 3 of the West Main Business Plaza, more commonly known as 525 Professional Drive, subject to the I following conditions, as recommended by the Zoning Commission: 1. That the final site plans contain a copy of the floor plans so that the staff can verify the needed number of off-street parking stalls. 2. That the off-street parking stalls be relocated out of the side yard setback area. 3. That the compact car signs be located in such a manner that they may be read by all pa,rking within that area. 4. That the berm be relocated out of the street right-of-way. 5. That the applicant investigate the possibility of switching the area designated for parallel parking stalls with that of the compact 90-degree parking stalls. 6. That the final site plan contain a detailed description and/or drawing of the exterior lighting to be utilized for the project. 7. That the final site plan not be approved until such time as all subdivision improvements for Lot 3 have been installed or the subdivider/owner guarantees all improvements by entering into an Improvements Agreement with the City of Bozeman and supplies a method of security equal to one and one~half (1 i) times the estimated cost of the improvements. 8. That the developer shall enter into an improvements agreement with the City of Bozeman. If occupancy of the structure is to occur prior to installation of the improvements, it must be secured by a method of security equal to 1 i times the amount of the cost of the scheduled im- provements and their installation. Detai led cost estimates, construction I plans and methods of security shall be made part of that agreement. 9. That three (3) copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission be sub- mitted for review and approved by the Planning Director within six (6) months of the date of City Commission approval and prior to issuance of a building permit for the project. One (1) signed copy shall be retained by the Building Department, one (1) signed copy shall be retained by the Planning Director, and one (1) signed copy shall be retained by the applicant. 08-08-83 231 10. All on-site improvements (i.e. paving, landscaping, etc.) shall be completed within eighteen (18) months of approval of the Conditional Use Permit. 11. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following approval of the use. Prior to the permanent renewal of the permit at the end of that period, the appl icant must satisfy all the conditions in the granting of the permit. An on-site inspection will be I made and a report made to the City Commission for their action. I f all required conditions have been satisfied, the permit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No. none. Consultant's preliminary report - annexation criteria City Manager Evans stated the Commission had requested that a representative of the consulting firm present to the Commission a preliminary report on the development of criteria for water and sewer hook-up fees and impact fees for annexations. Mr. Bob Hunter, Brown and Caldwell Consulting Engineers, presented to the Commission a copy of the Scope of Services and Schedule for completion of the services. Mr. Hunter stated the firm was retained the end of July to develop Utility Service Development Fees and Impact Fees and to investigate the feasibility of the City requiring these fees. He stated that a representative of Brown and Caldwell had talked to City management and various staff members to gather information on the type of information desired in the report. Mr. Hunter stated that Mr. Bob Murdo, an attorney in Helena, will review the concept paper prepared by Brown and Caldwell to determine the legality of their proposal. He stated they will also talk to the Public Service Commission about rules and regulations concerning Utility Service Development Fees. After the determination on legality has been made, he stated I the firm will develop a procedure to be used in calculating fees, listing the maximum fees permissible under law. He noted on this aspect, they will provide the type of information given by a financial consultant; and the Commission must then determine whether to implement the fees at 100 percent of what is permissible under law or to set a lower level. Mr. Hunter stated the fees charged and the implementation of the procedure are a reflection of the community's goals and determinations of how much existing development should subsidize new development. Commissioner Vant Hull suggested that the consultant provide a maximum and minimum Utility Service Development Fee. Mr. Hunter stated implementation of the fees is a political decision. He stated it is difficult to provide a minimum fee and suggested listing the fees charged by other communities in the area. Commissioner Vant Hull stated that in the past twenty years, an increasing amount of development has occurred outside the city limits. Many of the individuals living in those developments work within the city and use City services with no contribution toward the costs involved. She stated concern that high fees might cause more development outside city limits, creating a greater burden on the taxpayers within the city limits. She noted this makes the matter an economic decision as well as a political one. Mayor Stiff noted that if Utility Service Development Fees are deemed illegal, the point may be moot. Mr. Hunter stated that Utility Service Development Fees will probably be deemed legal. He stated the Attorney General has rendered the opinion that investment fees are legal; and I those fees are similar to fees for hookup to water and sewer services. He indicated that his firm had contacted the attorney last week, and he is now working on the matter. Mr. Bob Hunter then addressed the matter of Impact Fees. He stated they are review- ing available information. He noted few cities have implemented impact fees. He also noted that Impact Fees are more complicated that Utility Service Development Fees. Mayor Stiff stated that the City has implemented Impact Fees on various occasions, including annexation of Story Hills and approval of the Valley Unit No. II Mobile Home Subdi- vision. He noted that the City is requesting that a uniform formula be established for the Impact Fees, rather than setting fees on each development individually. . 08-08-83 232 ". Mr. Hunter stated the project leader will be in Bozeman next week'''to review information. He stated the firm will determine, the following week, how much detail can be given on those concepts which are feasible. Mayor Stiff asked Mr. Hunter if the firm has any problem with the time limit set by the City. Mr. Hunter stated the firm realizes the study is important to the City. He stated the study is to be completed by September 16, 1983 and will be done on schedule. I Commissioner Vant Hull asked if the firm uses information from recently completed sub- divisions to determine the fee schedules. Mr. Hunter stated that the general history of connections to the water and sewer systems is reviewed to determine how long it takes to complete a new subdivision. He stated with Impact Fees, they will look at example subdivisions. Mayor Stiff asked if a new area can provide an excess amount of water but impacts the community is some other way, whether the excess water can apply to the impact. Mr. Hunter stated that impact fees include a number of identifiable cost components. He stated if excess water is provided with a new development, that can apply toward the impact costs in other areas. He then indicated that rules and procedures for calculating the Impact Fees will be provided. Mayor Stiff noted that the City is working on a parallel analysis of water at the present time. City Manager Evans noted that the staff is also working on total annexation criteria. He stated that the annexation criteria will be developed by September 15, 1983 so that educated decisions may be made in the future. Mayor Stiff asked if the Commission will receive periodic updates during this study. Mr. Hunter stated that he can provide another update in one month. Approval of preliminary sketch for Centennial mural on east wall of Eagles - Mike Hoey I Mr. Mike Hoey presented to the Commission a preliminary sketch of the Centennial mural to be painted on the east wall of the Eagles' building. He stated the sketch is 75 percent accurate for the final project. He noted there will be some color and design changes, but the basic concept will remain the same. Mr. Hoey stated that the artists are working with several large businesses and banking systems to raise funds for completion of the mural. Commissioner Vant Hull asked if the funds will be audited by one of the banks. Mr. Hoey stated that First Citizens' Bank is doing the bookkeeping for this fund raising and is donating to the project. Commissioner Anderson stated that the sketch is extremely attractive. She noted there is much symbolism in the mural. Mayor Stiff asked Mr. Hoey if he has had any problem with children climbing on the scaffolding along the Eagles' building. Mr. Hoey stated that a couple people have climbed up on the scaffolding. He stated the wall is now cleaned and primer has been applied. He indicated that one of the insurance companies donated a $300,000.00 liability policy; and one of the clauses requires a people barrier. That barrier should be installed later this week or early next week and will be twelve feet in height. Mr. Hoey then stated that an explanation of the mural will be set on a plaque in front of the mural. He also stated the artists have considered having posters made with an explanation of the symbols in the mural on the back. He stated proceeds from the sale of posters could be used for refurbishing the mural or whitewashing and painting another mural. Mr. Hoey then stated the tentative completion date for the mural is the end of October. I He indicated that this will be the largest mural in Montana, and possibly in the Northwest. He stated they need an additional $7,000.00 to complete the mural and requested that the City consider a contribution since this mural is for the Centennial. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission <. approve the preliminary sketch submitted by Mike Hoey for the Centennial mural on the east wall of the Eagles building. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. 08-08-83 233 Request - waiver of fees for Zone Map Change for Allison Annexation - Gene Graf, III City Manager Evans presented to the Commission a request submitted by Gene Graf, III, for a waiver of the fees for a Zone Map Change request for Allison Annexation. The City . Manager noted Mr. Graf had submitted a Zone Map Change request in 1980. The public hearing was conducted at that time, but the decision was tabled. He noted that Planning Director John Moss has recommended that the Commission deny the request for waiver of the fee and a new I application for Zone Map Change be submitted. Mr. Gene Graf, III, stated that he has presented his information to the Commission in his letter requesting waiver of the fee. He noted that the application went through the process, but no decision was rendered. He indicated that he would prefer the Commission reach a decision; but the Planning Director has recommended that the entire process be com- pleted again. Mr. Graf stated he has not asked about the legal process involved in this matter. Mr. Graf then indicated he had planned to delay action on this parcel of land until a decision was made on the annexation request for Sourdough Creek Properties. He stated, how- ever, he decided to proceed with rezoning of the Allison Annexation rather than delay any longer. Commissioner Vant Hull asked Planning Director Moss if he had discussed this request with the City Attorney prior to submitting his recommendation. The Planning Director stated he had not. He then recommended that the Commission seek the City Attorney's advice prior to making a decision on the request. City Attorney Crumbaker-Smith stated she had not reviewed the request. The Commission deferred action on the request for one week, pending review by the City , Attorney. Request - letter of support for Gallatin Outpatient Clinic, Inc. - Don Nell City Manager Evans presented to the Commission a request for a letter of support for the Gallatin Outpatient Clinic, Inc., submitted by Don Nell. I Mr. Don Nell, Manager of the Medical Arts Center, stated that he will be Acting Manager of the Gallatin Outpatient Clinic, Inc., until the Clinic is completely formed and ready to function. Mr. Nell stated the decision to form the Clinic is a result of the Bozeman Deaconess Hospital's decision to move from its present downtown location. He stated that 60 percent of the procedures presently being done in the Hospital could be done in an outpatient clinic at a 30 percent reduction in cost. Mr. Nell stated the Gallatin Outpatient Clinic would appreciate receiving a letter of support for the Certificate of Need from the City Commission so as to qualify them for Medicare payments. He noted insurance companies and other agencies involved in health care payments recognize outpatient care facilities, but Medicare does require a letter of support. Mr. Nell then stated the charges implemented by the Gallatin Outpatient Clinic will be under the Medicare schedule of payments. He stated the new clinic will be located in the Medical Arts Center, which has many of the needed facilities. Mr. Nell stated the appl ication wi II be submitted on August 15, 1983. Mayor Stiff asked if a feasibility study had been conducted to determine whether the community can support an additional health care facility. He expressed concern that one of the facilities will suffer financial loss because of the competition. He also asked if those doctors who decided to support the Gallatin Outpatient Clinic are making an impetuous decision because of the Hospital's decision to move. Mr. Nell stated that 1,200 to 1,300 procedures completed in the Hospital each year could be completed in an outpatient clinic. He stated if 50 percent of those procedures are completed in the Clinic, it will break even. Mr. Nell stated this is a risk that those involved in the I Clinic will have to take. Commissioner Vant Hull asked if the surgery center would pay property taxes. Mr. Nell stated the Clinic would be self-supporting. He also noted the tax bill for the Medical Arts Center was approximately $46,000.00 last year. Commissioner Mathre asked if the State will issue a Certificate of Need to more than one agency in a city. Mr. Nell stated that Butte has two hospitals, and a surgery center was approved last year. He noted that hospitals did have a monopoly on Certificates of Need, but insurance 08-08-83 231+ companies are beginning to recognize outpatient clinics as authorized health care facilities. Mr. Nell then stated petitions are posted in some doctors' offices and a few businesses around town. He noted those petitions currently contain about 900 signatures stating support for the Gallatin Outpatient Clinic, and he anticipates more signatures before the petitions are submitted on August 15. Commissioner Mathre stated concern that the Bozeman Deaconess Hospital might suffer I financially with the construction of new hospital facilities if the Gallatin Outpatient Clinic is developed. City Manager Evans noted that the Commission did provide a letter for the Certificate of Need for the Bozeman Deaconess Hospital and recommended that a letter also be submitted for the Gallatin Outpatient Clinic. Commissioner Weaver noted that since the City provided a letter of support for the Certificate of Need for one agency, it should be willing to submit a letter for support for another agency requesting such a letter. He further indicated that government should not attempt to deter competition in private business. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that, in view of the fact the surgery center would be located in the downtown area and would remain on the tax rolls, would provide competition and lower medical costs to the community, and since a letter of support was submitted for the Bozeman Deaconess Hospital, the Commission approve a letter of support for the Certificate of Need for the Gallatin Outpatient Clinic, Inc. The motion was then replaced by the following substitute motion. It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that the Commis- sion write a letter of support for the Certificate of Need for the Gallatin Outpatient Clinic, Inc., with wording similar to the letter provided for the Certificate of Need for the Bozeman" Deaconess Hospital. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Anderson and Commissioner Vant Hull; those voting No being Commissioner Mathre and Mayor Stiff. I B rea k - 5: 1 5 to 5: 25 p. m . Mayor Stiff declared a break at 5:15 p.m., to reconvene at 5:25 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Request - permission to use PA system'in Lindley Park - Thursday, August 11,1983,7:30 p.m. to dark - Karen E. Hanson, All Faiths Bible Seminar City Manager Evans presented to the Commission a request submitted by Karen E. Hanson, representing interdenominational Christian missionary Jo Jones, for permission to use a public address system in Lindley Park on Thursday, August 11,1983, from 7:30 p.m. to dark, for an All Faiths Bible Seminar. City Manager Evans recommended that the Commission approve this request providing that the sound system is operated at a reasonable decibel level. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission grant approval of the use of a public address system in Lindley Park on Thursday, August 11, 1983, from 7:30 p.m. until dark for an All Faiths Bible Seminar to be conducted by Mrs. Jo Jones, interdenominational Christian missionary, providing that the sound system is operated at a reasonable decibel level. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Application for Gambling License - Strombolis - 1 electronic poker machine - ending Ju'ne 30, I 1984 - City Manager Evans presented to the Commission an application, along with the required fee, for a Gambling License on behalf of Strombolis for one electronic poker machine for the period ending June 30, 1984. The City Manager recommended approval of the application. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the application for Gambling License on behalf of Strombolis for one elec- tronic poker machine for the period ending June 30, 1984. The motion carried by the following 08-08-83 235 Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Application for Beer and Wine License - The Mainspring Restaurant - Calendar Year 1983 City Manager Evans presented to the Commission an application for a Beer and Wine I License, along with the required fee, submitted by The Mainspring Restaurant, 312 East Main Street, for the period ending December 31, 1983. The City Manager stated the business has received a letter of temporary approval from the State and recommended that the Commission grant temporary approval pending receipt of the permanent State License. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission grant temporary approval of the application for Beer and Wine License submitted by The Mainspring Restaurant for the Calendar Year 1983, pending receipt of the permanent State License. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Ordinance No. 1136 - license fees for boilerroom operations City Manager Evans presented Ordinance No. 1136, as prepared by the City Attorney, entitled: ORDINANCE NO. 1136 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 5.06.020 OF THE BOZEMAN MUNICIPAL CODE, PROVIDING FOR LICENSE FEES FOR BOILERROOM OPERATIONS. City Manager Evans noted that the Commission had provisionally adopted this Ordinance at their meeting of July 25, 1983. He recommended that the Commission finally adopt Ordinance No. 1136, revising the license fees for boilerroom operations. I It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that the Commis- sion finally adopt Ordinance No. 1136, revising the license fees for boilerroom operations. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Ordinance No. 1137 - Commission salaries City Manager Evans presented Ordinance No. 1137, as prepared by the City Attorney, entitled: ORDINANCE NO. 1137 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, FIXING THE SALARIES OF THE CITY COMMISSIONERS AND MAYOR OF THE CITY OF BOZEMAN, MONT ANA, I N ACCORDANCE WITH SECTION 2.04.070 OF THE BOZEMAN MUNICIPAL CODE. City Manager Evans noted the Commission had provisionally adopted Ordinance No. 1137 at their July 25, 1983, meeting. He recommended that the Commission now finally adopt Ordinance No. 1137, fixing the salaries of the City Commissioners and the Mayor. It was moved by Commissioner Vant Hull, seconded by Commissioner Weaver, that the Commission finally adopt Ordinance No. 1137, establishing the salaries of the City Commissioners and the Mayor of the City of Bozeman. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Weaver and Mayor Stiff; those voting No being Commissioner Anderson and Commissioner Mathre. I Letter from Low-Income Housing Committee Commissioner Anderson stated she had requested this item be added to the agenda to allow her an opportunity to present two announcements. (1) The Low-Income Housing Committee will meet at her home for a potluck dinner at 6:00 p.m. on Tuesday, August 16, 1983. She stated each member will present a report at that time on specificly assigned tasks. She invited all Commissioners to attend. (2) Two resignations have been submitted. Mr. Ed Sypinski has 08-08-83 23C received a job transfer; and Mr. Bob Border has listed obligations and a potential conflict of interest. Commissioner Anderson then suggested these vacancies be advertised. Consent Items City Manager Evans presented to the Commission the following items: Request - change of dates for previously approved sidewalk sale from I August 18, 19 and 20 to August 11, 12 and 13 - Bozeman Army Navy Store Application for Raffle License - Bozeman Senior Social Center - October 22, 1983; various items valued at $250.00 Application for renewal of Gambling License - The Bowl - 1 electronic poker machme - through June 30, 1984 Acknowledge receipt of report from the Director of Public Service (Works) - Lyman Creek Reservoir water Building Inspection Division report for July 1983 Claims Acknowledqe receipt of report from State Highway Department re traffic review of West Main Street from Eleventh Avenue to city limits; discussion at next week's meeting It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the above- listed items be approved, and the appropriate person be authorized and directed to take the necessary action. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Discussion - Work session on revenue portion of Tentative Appropriation Ordinance Mayor Stiff noted the Commission apparently does not feel it would be appropriate to consider increasing the mill levy from 109 mills to 118 mills to provide revenues for imple- mentation of the Transportation Plan. Commissioner Anderson stated she does not feel the Commission should attempt to change the mill levy at this time. I Commissioner Weaver indicated he does not feel the Commission should take any additional steps at this time. Commissioner Vant Hull noted she does not feel the mill levy should be increased at this time. She stated that since the item has been suggested, it will be incumbent upon the Commis- sion to act on the matter next year. Adjournment - 5:40 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: Clerk of the Commission I 08-08-83