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HomeMy WebLinkAbout1983-12-27 it 7'f) MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 27, 1983 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room , Municipal Building, December 27, 1983, at 4:00 p.m. Present were Mayor Stiff, Commissioner I Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Assistant City Manager Barrick, Acting City Attorney Planalp and Clerk of the Commis- sion Sullivan. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Mathre. The minutes of the special meetings of December 7 and 10, 1983, were approved as corrected; and the minutes of the special meeting of December 8, 1983, were approved as sub- mitted. Action on the minutes of the regular meetings of October 3, 17 and 31, 1983; November 14, 1983; December 5 and 19, 1983; and the special meetings of November 26, 1983; and December 23, 1983; was deferred until a later date. Mayor Stiff asked if any of the Commissioners desired to remove any of the items listed under Consent Items for discussion. Commissioner Vant Hull requested that the renewal of the lease with the Chicago, Milwaukee, St. Paul and Pacific Railroad Company for a portion of Lindley Park be removed for discussion. Presentation to Mayor Stiff The Commission presented to Mayor Stiff a gift of appreciation for his service as Com- missioner and Mayor. The Mayor opened his gift and thanked the Commission. - Zone Map Change 1, 2 oc n1verslty I This was the time and place set for the decision on the Zone Map Change requested by Kroh Brothers Development Company to change the zoning from B-2- T to R-O on Lots 1, 2 and 3 of Block 1, University Square Subdivision. This parcel is located west of South 22nd Avenue and south of West Koch Street. City Manager Evans stated the Zoning Commission has recommended approval of the re- quested Zone Map Change and concurred in that recommendation. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the Zone Map Change requested by Kroh Brothers Development Company to change the present zoning of B-2- T to R-O on Lots 1, 2 and 3, Block 1, University Square Sub- division. 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. Request - authorization to transfer $139,546.02 from the SID Revolving Fund to various S I Dls City Manager Evans presented to the Commission a request on the behalf of the Director of Finance for authorization to transfer $139,546.02 from the SI D Revolving Fund to various SID's. The City Manager 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 $139,546.02 from the SID Revolving Fund to various SI D funds, as follows: SID No. Amount I 427 $ 211. 75 433 183.89 621 23,132.77 622 13,355.74 623 19,585.11 624 16,110.34 625 66,966.42 TOTAL $139,546.02 12-27-83 411 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. Abatement of penalty and interest on Special Assessments for Lot 3B-l, Minor Subdivision No. 28 - Mr. Dan Henderson I City Manager Evans presented to the Commission a request submitted by Mr. Dan Henderson for abatement of penalty and interest on Special Assessments for Lot 3B-l in Minor Subdivision No. 28. He noted the notice of Special Assessments was sent to the former owner; and he did not forward the notice to the new owner immediately. Therefore, she was unable to remit the payment to meet the November 30 deadline. The City Manager stated the City has received a check for the amount of the annual payment only, but the payment cannot be accepted until the Commission considers abatement of the penalty and interest. The City Manager then stated the Director of Finance has talked to all parties involved, and concurred in her recommendation that the Commission approve the requested abatement. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commis- sion approve the request for abatement of penalty and interest submitted by Mr. Dan Henderson on behalf of Betty V. Johnston for Special Assessments on Lot 3B-l of Minor Subdivision No. 28. 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. Proposed relocation of City Court; authorize call for bids for remodeling of basement vault City Manager Evans presented to the Commission a proposal for relocation of the City Court and modification of the Commission Room/Court Room. He noted the proposal includes re- modeling of the basement vault and janitor's room, as well as installation of two restrooms in I what is now the coffee room. Also, a JUdge's bench would be built along the north wall of the Commission Room/Court Room. Mayor Stiff noted surprise that restrooms are proposed, since the Commission denied a budget amendment for rest rooms during the last fiscal period. Assistant City Manager Barrick stated the remodeling will place additional employees in the basement, as well as jurors from time to time. Commissioner Vant Hull asked what portion of the $21,000.00 estimate is for the rest- rooms. The Assistant City Manager stated the restrooms are estimated to cost $5,800.00. Commissioner Mathre noted one of the recommendations submitted by the Judicial Coor- dinating Committee was for relocation of the City Court to the Law and Justice Center. She asked if that alternative has been reviewed. The Assistant City Manager stated that alternative has been reviewed. However, the Justice of the Peace uses the Court Room much of the time; and the City Judge would not be able to schedule the necessary time to conduct his activities. The Assistant City Manager noted the personalities involved would like to cooperate; but the physical facilities do not allow the cooperation desired. Assistant City Manager Barrick then noted the proposed Judge's bench would be located between the two columns on the north side of the room and would be twelve inches above floor level. He stated construction of the bench would cause relocation of five chairs in the room. He then noted the proposal also provides for elimination of the lower portion of the Commission I bench, which would be replaced by two movable folding tables, which could be used for both Commission meetings and Court sessions. Commissioner Mathre asked why the Judge could not use the Commission bench as it exists if the lower portion is removed. City Manager Evans stated one of the recommendations submitted by the Judicial Coor- dinating Committee was to provide a raised platform and podium for the Judge. Commissioner Weaver stated the attorneys in the community concur that one important characteristic of the bench is that it is higher than floor level. 12-27-83 , l,t -/8 Commissioner Anderson stated concern about the proposed remodeling and stated she would like to review it further. Commissioner Vant Hull expressed concern about the proposed bench and the restrooms. Commissioner Mathre stated she would like an opportunity to see the Justice of the Peace's Court Room at the Law and Justice Center. The Commissioner also noted she is inter- ested in the proposed purchase of an electronic cash register for the City Court. I Commissioner Weaver stated the cash register has been mentioned in the audit reports; and if the cash register is set up properly, it can save personnel time. Further consideration of this item was deferred to January 9, 1984. Renewal of Beer, Wine and Liquor Licenses - various establishments - Calendar Year 1984 This was the time set to renew the Beer, Wine and Liquor Licenses for the Calendar Year 1984. A total of 63 applications have been received, along with the required fees. City Manager Evans 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 1984 APPLI CANT BEER WINE LI QUOR TOTAL - Albertson's $200.00 $200.00 $400.00 Alpine Husky 200.00 200.00 American Legion $500.00 500.00 Baldy Mountain Ski Shop 200.00 200.00 400.00 Bacchus 500.00 500.00 B lack Angus 500.00 500.00 Bridger View Service 200.00 200.00 I Buttrey's 200.00 200.00 400.00 Cannery 500.00 500.00 Cat's Paw 500.00 500.00 Conoco Travel Shoppe 200.00 200.00 Crystal Bar 500.00 500.00 Eagle's 500.00 500.00 Elk's Club 500.00 500.00 Filling Station 200.00 200.00 400.00 Godfather's Pizza 200.00 200.00 400.00 Heeb's Food Center 200.00 200.00 400.00 Hilltop Chevron 200.00 200.00 Hinky Dinky 200.00 200.00 400.00 H ide-a-Way 500.00 500.00 Holiday Inn 500.00 500.00 Jim Bob's 200.00 200.00 400.00 Joe's Parkway 200.00 200.00 400.00 Karl Marks Pizza 200.00 200.00 400.00 K-Mart 200.00 200.00 400.00 Kwik-Way #31 200.00 200.00 400.00 Kwik-Way #32 200.00 200.00 400.00 KWik-Way #33 200.00 200.00 400.00 I Little Big Men 200.00 200.00 400.00 Little John's 200.00 200.00 400.00 Me and Jan's Mini Mart 200.00 200.00 400.00 Me and Janis II 200.00 200.00 400.00 Mini Mart, Inc. 200.00 200.00 400.00 Molly Brown 500.00 500.00 Osco Drug 200.00 200.00 400.00 12-27-83 l.{ "18 APPLICANT BEER WINE LIQUOR TOTAL - Par 3 Supper Club 500.00 500.00 Pizza Hut 200.00 200.00 Pump and Pak 200.00 200.00 400.00 Rand N Corporation (Rose's Cantina) 500.00 500.00 I Ramada Inn 500.00 500.00 Red Barn Wine and Cheese Shop 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 Sundance Saloon 500.00 500.00 Super America 200.00 200.00 400.00 TeePee Gas 200.00 200.00 400.00 The Bow I 500.00 500.00 The Haufbrau 500.00 500.00 The Livery Stable 500.00 500.00 The Mainspring Restaurant 200.00 200.00 400.00 The Wine Cellar 200.00 200.00 The Wine Merchant 200.00 200.00 400.00 The Zoo Bar 500.00 500.00 Three - S Express 200.00 200.00 400.00 'Topper Motel 500.00 500.00 Town and Country Warehouse 200.00 200.00 400.00 Town Pump #1 200.00 200.00 I Union Hall Restaurant 200.00 200.00 400.00 Van's IGA 200.00 200.00 400.00 Village I nn Pizza 200.00 200.00 400.00 Willie's Saloon 500.00 500.00 The City Manager recommended that the Commission approve the applications for renewal of Beer, Wine and Liquor Licenses as listed. Commissioner Weaver asked if there is any evidence of problems or difficulties at any of the establishments which have applied for renewal of licenses that would require unusual en- forcement. Commissioner Vant Hull noted the Sundance Saloon seems to create problems in its immediate area. She suggested the City write the owners a letter requesting that they police the parking lot more effectively. Mayor Stiff stated if the Police Department records were computerized, it would be easy to review the records for each establishment to determine if recurring problems exist. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commis- sion approve the renewal of Beer, Wine and Liquor Licenses for the various establishments as listed for the Calendar Year 1984. 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. I Review of request for proposals for water and sewer rate studies City Manager Evans presented to the Commission the Request for Proposals for water and sewer rate studies, as prepared by the City staff. The City Manager recommended that the Commission approve the Request for Proposals and authorize the staff to proceed with publica- tion of the notice, review of the proposals submitted and formulation of a recommendation to be submitted to the Commission. Commissioner Vant Hull asked if it would be feasible to consider hook-up fees during the water and sewer rate studies. . 12-27-83 480 Commissioner Weaver noted the City has the base information and must determine the formula to be used in calculating the hook-up fees. He noted the establishment of hook-up fees is a political judgment. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize and direct the City staff to proceed with advertising for proposals for water and sewer rate studies and to submit a recommendation for the firm or individual to complete those studies as soon as possible. The motion carried by the following Aye and No I vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Application for Gambling License - Livery Stable - 1 electronic keno machine - through June 30, 1984 - City Manager Evans presented to the Commission an application, along with the required fee, submitted by the Livery Stable for a Gambling License for one electronic keno machine for the period ending June 30, 1984. The City Manager stated the applicant has contacted City Hall and requested that the beginning date on the application be changed to January 1, 1984, since the machine will not be delivered immediately and half-year licenses are effective after January 1. The City Manager then recommended the Commission approve the application, with the beginning date of January 1, 1984. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the application for a Gambling License for the Livery Stable for one electronic keno machine for the period January 1 through June 30, 1984. 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. Ordinance No. 1147 - setting salary for I nterim City Manager Swan for January 1984 City Manager Evans presented to the Commission, Ordinance No. 1147, as prepared by the City Attorney, entitled: I ORDINANCE NO. 1147 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, FIXING AN ADDITIONAL AMOUNT OF COMPENSATION FOR THE DIRECTOR OF FINANCE DURING HER APPOINTMENT AS ACTING CITY MANAGER. City Manager Evans stated the Commission has appointed Director of Finance Amy Swan as the Acting City Manager for the month of January 1984 and has established her salary for that period at her present base rate plus ten percent. The City Manager then recommended that the Commission provisionally adopt Ordinance No. 1147, reflecting that temporary increase in salary, and that it be brought back in two weeks for final adoption. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commis- sion provisionally adopt Ordinance No. 1147, setting the salary for Acting City Manager Swan for January 1984, and that the Ordinance be brought back in two weeks for final adoption. 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. Ordinance No. 1148 - amendin Sections 18.04.020 and 18.50.110 of the Bozeman Munici al Code, providing for setback requirements or accessory buil ings and structures dish antennas City Manager Evans presented to the Commission, Ordinance No. 1148, as prepared by the City Attorney, entitled: I ORDINANCE NO. 1148 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTIONS 18.04.020 AND 18.50.110 OF THE BOZEMAN MUNICIPAL CODE, PROVIDING FOR THE DEFINITION AND SETBACK REQUIREMENTS OF AN ACCESSORY LJSE, STRUCTURE OR BUILDING IN THE CITY OF BOZEMAN, MONTANA City Manager Evans stated the Commission had conducted the public hearing on this Zone Code Amendment on October 17, 1983 and had approved the Amendment on October 24, 1983. 12-27-83 481 He noted the Zone Code Amendment, defining dish antennas under accessory buildings and struc- tures ,and providing for specific setbacks, is now in ordinance form. The City Manager then recommended the Commission provisionally adopt Ordinance No. 1148 and that it be brought back in two weeks for final adoption. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the I Commission provisionally adopt Ordinance No. 1148, amending Sections 18.04.020 and 18.50.110 of the Bozeman Municipal Code, providing for setback requirements for accessory buildings and structures, and that it be brought back in two weeks for final adoption. 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. Continued discussion - proposal for realignment of Highland Boulevard as submitted by the Bozeman Deaconess Foundation City Manager Evans stated the Commission had received the proposal from the Bozeman Deaconess Foundation at the public hearing conducted on Monday, December 19 and had con- sidered this proposal at a special meeting held on Friday, December 23, 1983. Commissioner Weaver suggested the Commission review the various points submitted in the Foundation's proposal and prepare a counter-proposal to be submitted to the Bozeman Deaconess Foundation for their consideration. Mayor Stiff stated he would like to see a trade-off between the Foundation and the City that would help alleviate the problems of insufficient low-income housing. Commissioner Weaver stated he recognizes the long-term and significant contribution an eastern portion of the southern arterial system would be. However, he also recognizes the financial I imitations faced by the City and expressed concern about budgeting for a $193,000.00 5 I D payment over the next twenty years. The Commissioner suggested that any proposal con- sidered be one in which the City faces little or no cash outlay for construction of the re- I alignment of Highland Boulevard. Commissioner Anderson noted the T AC report submitted by Mr. McConnen indicated concern about possible implications that the priorities for use of Federal Aid Urban monies might be changed. She stated the Commission must be sure such implications are avoided. Mayor Stiff noted the realignment of Highland Boulevard is a capital asset the Commission has not considered before. He noted If the Bozeman Deaconess Foundation approaches construction of the new roadway in a proper manner, it could greatly benefit their position in the community. Commissioner Weaver stated he would support the construction of a realigned Highland Boulevard as long as the City is not required to fund any portion of it. He noted a land trade- off, as suggested by Mayor Stiff, could alleviate the funding problems faced by the City. City Manager Evans cautioned the Commission that the parkland which the City will lose by the realignment of Highland Boulevard must be replaced so the City can receive FAU funding for improvement of the street. He stated it is his impression that any land considered for a land exchange to meet this condition must be contiguous to the City's property. Mayor Stiff noted if the SI D process is used, the private property owners along dedi- cated Switzler Avenue would pay slightly more than $91,000.00; and he does not want that portion of the costs affected in any way by possible trade-offs between the Hospital and the City. Commissioner Vant Hull said she has talked to some of the property owners along the dedicated 5witzler Avenue and received a variety of opinions. She noted some of those prop- erty owners are opposed to creation of an 51 D and asked how that would affect the creation. I She also asked if all of the Foundation property could be included in the SID, since it appears that land will be annexed prior to development. Acting City Attorney Planalp stated if 50 percent of the property fronting on the work to be completed protests creation of an 5 I D, the 5 I D is ki lied. He then stated all property involved in the City's special improvement district must lie within the city limits. Commissioner Weaver noted if the proposed 51 D for construction of the realignment of Highland Boulevard had been proposed at no cost to the City, the issue would have been settled last week. The Commissioner then stated if the City waives the $85,000.00 administrative 12-27-83 4BL: charge for the I DR bond issue, to be used for payment of the SI D, and the Hospital donates land to the City, the Hospital can then take advantage of the SID process and use the monies it proposes to use for upfront payment of the road improvements as leverage for capital costs. Break - 5:05 to 5:10 p.m. Mayor Stiff declared a five-minute break at 5:05 p.m., to reconvene at 5:10 p.m., in I accordance with Commission policy established at their regular meeting of March 14, 1983. Continued discussion (continued) - ro osal for reali nment of Hi hland Boulevard as submitted by the ozeman Deaconess oundation Commissioner Weaver suggested that if the $85,000.00 administrative fee for IDR bonds is subtracted from the City's portion of $193,000.00, it leaves a balance of $108,000.00. The Hospital could then assume that portion of the SI D, as well as its allocated portion of $375,000.00. Commissioner Vant Hull noted the Foundation could fund the $17 million through other channels than the City's I DR bond issue. She noted the County currently supports IDR bond issues with no administrative charge. Also, the 1983 Legislature adopted legislation that allows hospitals to apply for monies through the State for construction of new hospitals. Commissioner Weaver stated he recognizes other cities may waive the administrative fee for nonprofit organizations. However, he feels the Commission should consider the financial impact on the City's budgeting capability. Commissioner Mathre stated the realignment of Highland Boulevard is a part of the transportation plan; and completion of this portion, along with improvement of Kagy Boulevard, is an important benefit to the community. Mayor Stiff stated the relocation of the Hospital will also force a new node of growth, which carries with it additional costs to the City. He also noted the City services, such as fire and police, will be spread over a larger area than they are currently. I The Mayor then asked about the legality of creating a Special Improvement District with boundaries that include City land but that exclude the City from any payment for the improve- ments. Acting City Attorney Planalp stated that once the City begins the Special Improvement District process, it cannot be changed. He also cautioned the Commission about trading of properties or buildings for the SID. He noted if the SID is approved with the Bozeman Deaconess Foundation paying the City's portion of the 51 D, that amount must be paid immediately, so that the City has no liability to the SID. Commissioner Anderson asked the Director of Finance if she has calculated the costs of an SID on a square footage basis as well as the linear foot basis to determine which is most advantageous for the City. Director of Finance Swan stated she has not calculated the costs on a square footage basis because no setback from the proposed road realignment has been determined. Commissioner Mathre stated she feels the City should participate in the SID because of the community benefit the road will provide, but she does not know to what extent the City should commit itself. Commissioner Weaver noted the Commission must consider what risks the City will under- take in creation of the proposed SID. He indicated the City will be committing itself to underwrite approximately $500,000.00 for construction of the realignment of Highland Boulevard. The Commission then reviewed the proposal submitted by the Board of Directors of the Bozeman Deaconess Foundation, which includes the following eleven conditions for acceptance of I the proposed realignment of Highland Boulevard: 1. Bozeman Deaconess Hospital will dedicate to the City sufficient right-of-way for the eventual construction of a four-lane arterial through the Bozeman Deaconess Foundation property. This alleviates the concern for the City of the future purchase of property to complete the arterial. This construction is estimated at 2.7 acres and approximately $37,800.00. 2. The City of Bozeman will dedicate sufficient right-of-way through City-owned property for the eventual construction of a four-lane arterial facility. 12-27-83 It 8 3 3. The City of Bozeman will waive the requirement for prepayment of three-year assessments on 51 D's for the Hospital property. 4. The City will waive the requirement to fund the Revolving Fund in the amount of 5 percent of the SID. S. The City will waive the requirement for the Hospital to fund the adminis- trative fees of 3 percent for general administration and 3 percent for the I Revolving Fund. 6. The City will agree to payment of $70,000.00 for restoration of lagoon sites on Bozeman Deaconess Hospital property in lieu of restoration of those sites. This payment would be made before final assessment for the project. In turn, the Bozeman Deaconess Hospital will utilize the $70,000.00 for payment of a portion of their share of the SID. 7. The City of Bozeman will waive the requirement for a fixed fee for their sponsorship of Industrial Development Revenue Bonds on behalf of the Hospital. In turn, the Hospital will pledge the use of the waived fees as a portion of their cost for the SID's. Based on the proposed formula, this fee is currently estimated at $32,390.00. 8. The City of Bozeman concurs in their 40.4% share of the project cost being $266,660.00 and that it will include appropriate square footage within the district to allow for an assessment of this amount for the City's share. 9. The Bozeman Deaconess Foundation wi II provide a borrow source, for con- struction of the roadway embankments, in the amount of approximately 20,000 CY. The borrow site will be located on Bozeman Deaconess Foundation property within one mile of the construction area. This contribution by the Foundation has been estimated to be in the amount of $50,000.00. 10. The above proposal is contingent upon the City's acceptance of the terms within a time period that will allow for the construction of the first two lanes of proposed Switzler Avenue in time for the scheduled opening of the Hospital in September 1985. Further, the offer is contingent upon the City's adoption of the long-range goal of constructing the proposed Switzler/ Highland Boulevard to a four-lane arterial street section. I 11. That in consideration of the amount of preparatory work involved with this project that could be billed to Bozeman Deaconess Foundation, Thomas, Dean & Hoskins be given the engineering work associated with this project. The rationale for this request is that the Hospital has engaged the firm of Thomas, Dean & Hoskins as the civil engineer with the Hospital project. A great deal of preparatory work on this realignment has been performed by Thomas, Dean & Hoskins in association with the project. If Thomas, Dean & Hoskins is given the project as engineers, the obligation that the Hospital has incurred to Thomas, Dean & Hoskins could be waived. The Commission then concurred in the following statements on each condition: 1. Direct the City staff to define more sharply the actual acreage and ap- proximate dollar amount of the property to be dedicated for the right- of-way. Also, the condition should include a statement that designates the City will not suffer any net loss of land due to the realignment of Highland Boulevard. 2. This condition is acceptable at this time. 3, 4, S. Direct the City staff to prepare language encompassing an offer to the Foundation that the Hospital will assume the City's share as well as its share of the costs of constructing the realigned Highland Boulevard. Also, if the Hospital determines it will pay its portion of the SID's on annual installments, the waiver of payments listed in these three conditions cannot be considered. Counter proposal to contain the language "Existing Ordinances and Resolutions remain effective. II 6. Accept as submitted. 7. Waive all fees on the assumption that the counter offer will require the applicant to assume the City's share of construction of the realignment of I Highland Boulevard. 8. The basis for apportioning the costs shall be the linear footage of the project. The City's apportioned share shall be assumed by the Bozeman Deaconess Foundation. 9. Accept as submitted. 10. Delete condition as submitted and replace with lilt is not the City's intent to change the Federal Aid Urban priorities as currently listed. II 11. Delete. 12-27-83 481;, Commissioner Vant Hull stated she has prepared four additional conditions for the Commission's consideration. The Commission then concurred the counter proposal should contain the following condition: 12. The street design must be designed to minimize snow drifting problems. Commissioner Weaver noted one of the problems in the decision-making process on this proposal is that the Commission is being rushed. He indicated other involved parties have taken time, and he stated he feels the process should now be slowed down before the Commis- I sion. The Commissioner then stated the Commission should consider two points: (1) the community benefit that will derived from the realignment of Highland Boulevard and (2) the burden of risk that the City will assume with potential default on the Special Improvement District. The Commission requested this item be placed on the January 16, 1984, agenda for further discussion. Break - 6:10 to 6:20 p.m. Mayor Stiff declared a break at 6:10 p.m., to reconvene at 6:20 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion - final report submitted by the Bozeman Cable Television Study Committee City Manager Evans stated the Commission had requested this item be placed on the agenda for further discussion. Mayor Stiff noted the Committee has recommended that the estimated revenue of $25,000.00 be placed in a separate fund to be used for local access television costs. He then noted the City will incur administrative costs, and he feels the City should be reimbursed for those costs. Commissioner Vant Hull noted other cities in Montana have imposed cable television franchise fees and have been reimbursed for their costs. She also noted the cable television I fees paid by subscribers are not any higher than those currently being paid in Bozeman. Acting City Attorney Planalp stated the Commission should obtain an attorney's opinion on criteria to be used in setting a cable television franchise fee. Mayor Stiff asked what should be the next step in the process. City Manager Evans stated the Commission should determine whether it wishes to impose a franchise fee and in what form. Commissioner Anderson asked if a needs assessment should be completed. Mrs. Roxanne Smith, Chairman of the Bozeman Cable Television Study Committee, stated the committee has estimated the needs assessment would cost $3,000.00 and take two months to complete. She noted an extensive survey must be undertaken to prepare a needs assessment. The Commission requested that this item be placed on the January 30, 1984, agenda for further discussion. Discussion process for goal setting City Manager Evans stated that Commissioner Mathre had requested this item be put on the agenda. Commissioner Mathre requested that discussion on this item be deferred for a period of one week due to the length of this Commission meeting. Discussion - FYI items City Manager Evans stated the Commission has requested that this item be placed on I each week's agenda for discussion of any "for your information" items submitted in the packets. Commissioner Vant Hull noted one of the items in the packet is a letter from the State of Montana Department of Highways concerning the designation of an alternate truck route around Bozeman and possible removal of the state highway designation from Main Street. She suggested that the Chamber of Commerce and the Bozeman Downtown Business Association should be sent copies of this letter prior to action by the Commission. The Commission then directed the Clerk of the Commission to forward copies of this 12-27-83 It 8 !j letter to the Chamber of Commerce and the Bozeman Downtown Business Association, requesting input by January 9, 1984. Mayor Stiff noted the City has also received a letter from Coopers and Lybrand concern- ing the final billing for the audit for Fiscal Year 1982-83. He stated Mr. Gray had indicated the costs were below estimates, but the final billing does not reflect that fact. I Director of Finance Swan stated this year's audit was handled differently from those in the past. She noted the senior auditor was responsible for the audit most of the time, which proved less efficient that having a partner responsible. She noted that when the actual hours worked exceeded the budgeted hours, the budgeted hours were billed. She stated the bill sub- mitted by Coopers and Lybrand is fair to the City. Mayor Stiff then noted the Commission has received copies of a letter from the Gallatin County Health Department concerning a blood pressure screening program for employees and stated he feels the clinic would be beneficial. City Manager Evans stated he has also received a copy of the letter and indicated he will set up a date for the blood pressure clinic as soon as possible. Appointment to Audit Committee Commissioner Anderson expressed concern that many of the applications are almost two years old; and there is not a wealth of applications on file at this time. Commissioner Weaver noted the possibility should be considered of appointing a cross- over member between the City-County Planning Board and the Zoning Commission. The Commission then directed the Clerk of the Commission to readvertise the vacancies on the various boards and commissions and to contact those individuals who have previously submitted applications to determine if they are still interested in serving. The Commission requested that action on this item be deferred until January 9, 1984, to allow the Clerk of the Commission sufficient time to readvertise the vacancy on this committee I and to contact those who have previously submitted applications. Appointment to Board of Adjustment The Commission requested that action on this item be deferred until January 9, 1984, to allow the Clerk of the Commission sufficient time to readvertise the vacancy on this board and to contact those who have previously submitted applications. Appointment to Cemetery Board The Commission requested that action on this item be deferred unti I January 9, 1984, to allow the Clerk of the Commission sufficient time to readvertise the vacancy on this board and to contact those who have previously submitted applications. Appointment to Parking Commission The Commission requested that action on this item be deferred until January 9, 1984, to allow the Clerk of the Commission sufficient time to readvertise the vacancy on this commission and to contact those who have previously submitted appl ications. Appointments to City-County Planning Board The Commission requested that action on this item be deferred until January 9, 1984, to allow the Clerk of the Commission sufficient time to readvertise the vacancies on this board and to contact those who have previously submitted applications. I Appointment to Recreation Board The Commission requested that action on this item be deferred until January 9, 1984, to allow the Clerk of the Commission sufficient time to readvertise the vacancy on this board and to contact those who have previously submitted applications. Appointments to Zoning Commission The Commission requested that action on this item be deferred unti I January 9, 1984, to 12-27-83 488 allow the Clerk of the Commission sufficient time to readvertise the vacancies on this commission and to contact those who have previously submitted appl ications. Authorize Mayor to sign - renewal of lease with Chicago, Milwaukee, St. Paul and Pacific Railroad Company - Lindley Park - Calendar Year 1984; authorize payment of $360.00 City Manager Evans presented to the Commission the renewal of the lease with the Chicago, Milwaukee, St. Paul and Pacific Railroad Company for approximately 3.6 acres being I used as a portion of Lindley Park. The City Manager stated Commissioner Vant Hull had removed this item from the Consent Items. Commissioner Vant Hull noted the lease has increased from $200.00 per year to $360.00 per year. She suggested that the City consider negotiating that lease price. Acting City Attorney Planalp stated the Commission could consider negotiating the lease, but he does not feel the railroad would be very responsive. He also noted the City has offered to purchase this portion of the railroad right-of-way at the same price which the railroad has offered the portion of right-of-way from the intersection of South Church Avenue and East Story Street to the intersection of South Third Avenue and Kagy Boulevard. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize the Mayor to sign the renewal of lease with Chicago, Milwaukee, St. Paul and Pacific Railroad Company for approximately 3.6 acres, which is being used as a portion of Lindley Park, for the Calendar Year 1984 and authorize the payment of $360.00. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No being Commissioner Vant Huf I. Consent Items City Manager Evans presented to the Commission the following items. Authorize Mayor to sign - Easement and Agreement for water main - I Bon Ton, I nc. - from South Third Avenue, through Allison Annexation to South Fifteenth Avenue - no payment Claims It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the 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 Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Adjournment - 6:55 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 12-27-83