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HomeMy WebLinkAbout1994-02-07 ccm MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 7, 1994 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 7, 1994, at 3:30 p.m. Present were Mayor Vincent, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - January 31. 1994 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes of the regular meeting of January 31, 1994, be approved as submitted. The motion . carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. Reauest for modification of conditions - decision re deviations from Sections 18.50.120.A.5. 18.50.100.5.C(1) and 18.32.050 to allow backina into the alley. Drovide for alternative means for parkin a lot landscaDing and allow 5 % -foot encroachment into reauired 15-foot front yard setback - Scott Johnson. 101 East Mendenhall Street (Z-9304) This was the time and place set for consideration of the request for modification of conditions on the decision to approve deviations from Sections 18.50.120.A.5, 18.50.1 00.5.C(1) and 18.32.050 to allow backing into the alley, provide for alternative means for parking lot landscaping and allow 5 Y:z -foot encroachment into required 15-foot front yard '. setbac~ requested by Scott Johnson located for 101 East Mendenhall Street under Application No. Z-9304. Assistant Planner David Grigsby reminded the Commission that at the March 8, 1993, Commission meeting, approval of the above-outlined deviations were approved, subject to the following five conditions: 02-07-94 -.---..---.- ..-- - 2 - 1. The curved elements proposed for the windows, doors, tops of columns, and signage shall be eliminated; 2. In lieu of the tiled mansard roof proposed for the addition, the roofline of the addition shall be differentiated from the existing building by the installation of a Dryvit cornice or concrete coping; 3. The Dryvit window jambs proposed for the addition shall be . eliminated. The windows on the addition shall be detailed by rectangular headers and/or sills; 4. The windows on the existing structure shall not be altered; and 5. Revised elevations which incorporate the conditions stated above shall be subject to the review and approval of the Planning Staff prior to final site plan approval. The Assistant Planner stated that the applicant has submitted revised plans for the subject site. He noted that, while the plans include few changes for the site itself, they do contain significant changes in the proposed changes to the structure. He stated that this new plan includes curved elements around the windows. He stated the applicant has changed the shape of the proposed columns from round to square, and has removed the mansard roof and added coping around the top. He noted the applicant has also carried many of the design elements around the corner of the building. He stated, in addition, a new entryway is included . on the west facade. The Assistant Planner stated that the applicant has submitted a color rendition of the building, as requested by the Design Review Board. He noted that awnings are to be installed over many of the front windows. Assistant Planner Grigsby stated one change in the site plan is to include a curvilinear sidewalk along the front of the building; and the DRB has recommended that a condition for approval be added which requires that the sidewalk and site landscape plan be designed by a licensed landscape design professional. At Mayor Vincent's request, City Attorney Luwe briefly highlighted the contents of his memo of February 3, which was included in the Commissioners' packets. He reminded the . Commission that the applicant has filed a lawsuit over the Commission's initial approval of this . application; and this request for modification of conditions has not been submitted as a settlement proposal. He cautioned that the Commission's action must be based on the merits of the project, taking into consideration the recommendations forwarded by the Planning staff and the Design Review Board. 02-07-94 - -- - - 3 - Mr. Joe Sabol, Attorney representing the applicant, indicated a willingness to respond to any questions. Responding to City Manager Wysocki, the Assistant Planner stated that the Design Review Board was generally of the opinion that these revised plans are consistent with and . appropriate for the district. Responding to questions from the Commission, Assistant Planner Grigsby stated that all five of the conditions for original approval could be deleted, with the one new condition recommended by the Design Review Board being added. Commissioner Frost noted he has been involved in the entire review process for this project; and he feels this plan is a big improvement. He noted it should result in a real asset on that corner. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission approve the request for modification of conditions on the decision to approve deviations from Sections 18.50.120.A.5, 18.50.1 00.5.C(1) and 18.32.050 to allow backing into the alley, provide for alternative means for parking lot landscaping and allow 5 Y2-foot . encroachment into required 15-foot front yard setback requested by Scott Johnson located for 101 East Mendenhall Street under Application No. Z-9304 by deleting the original five conditions, as set forth above, and by adding the following condition: 1. That the front sidewalks and site landscape plan be designed by a licensed landscape design professional as per code, and approved by the Design Review Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. Mr. Joe Sabol thanked the Commission for its re-review of this project. He also thanked the Planning staff, noting they have done an excellent job of working with the applicant in creating a project that will be of benefit to the entire community. He stated this . is an example of how the City's zone code can work effectively, and should be cited whenever a questions of its integrity are raised. Mr. Sabol then submitted to City Attorney Luwe a Stipulation which he has prepared for dismissal of the litigation. 02-07-94 ...- _n _.n - 4 - Continued discussion - Ordinance No. 1377 - establishing a neiahborhood Darking district near the Montana State University camDUS This was the time and place set for the continued discussion on Ordinance 1377, as approved by the City Attorney, entitled: ORDINANCE NO. 1377 . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING SECTION 10.32.395, PERTAINING TO STOPPING, STANDING, AND PARKING OF VEHICLES THEREBY CREATING A RESIDENTIAL ON-STREET PARKING PERMIT REGULATION PROGRAM IN THE VICINITY OF MONTANA STATE UNIVERSITY PURSUANT TO SECTIONS 10.32.350 THROUGH 10.32.390 OF THE BOZEMAN MUNICIPAL CODE, WHICH CREATE THE PROCEDURES FOR ESTABLISHING RESIDENTIAL ON~STREET PARKING PERMIT REGULATION PROGRAMS. Mayor Vincent thanked Assistant City Manager Brey for his memo dated February 4, which was included in the Commissioners' packets. He noted that memo sets a good framework for Commission discussion. Assistant City Manager Ron Brey stated, following discussions with Recreation Superintendent Harkin, she indicated that since parking restrictions end at 5:00 p.m. on . weekdays, the Recreation and Park Advisory Board's concerns about the restrictions near Souths ide Park have been addressed. He then stated that staff researched the idea of shortening the hours of restricted parking to 8:00 a.m. to 3:00 p.m. He stated that research revealed that approximately 200 classes, or 10 percent of all class offerings, are after 3:00 p.m. Also, approximately 40 to 45 employees are on work schedules which begin at 4:00 p.m. The Assistant City Manager stated that he has forwarded five alternatives for Commission consideration, as follows: 1. Provide one reserved parking space in front of each residence in the community; 2. Designate the east/west streets and portions of the north/south streets in front of the fraternities and sororities for parking by both residents and non-residents with permits; . 3. Two-hour parking throughout the district; 4. Two-hour parking for non-residents throughout the district; and 5. Parking on alternating sides of the street only. The Assistant City Manager suggested that, while each of the last three alternatives would address one or more of the concerns raised during the public hearing, they do not seem 02-07-94 _. _____n".__ - 5 - to provide the desired overall result. He noted that a two-hour parking restriction can be imposed outside the creation of a parking district. Two-hour parking for non-residents would entail the full permitting portion of the program; and it would also require additional enforcement. Parking on alternate sides of the street would work very well for the City's . maintenance needs; however, a full level of parking concentration would still be encountered; and residents and their visitors and service vehicles would find it difficult to park. The Assistant City Manager then concentrated on the first two options listed. He stated that the City Attorney has expressed concern with the idea of "reserving" a parking space in front of each residence throughout the community. He stated that if the Commission wishes, staff will further research this option, to determine if it could legally be accomplished and whether it would provide the desired results. The Assistant City Manager stated that under the second option, most of the east/west and some of the north/south streets where they border fraternities and sororities would be removed from the residential only parking category, but not from the district. He reminded the Commission that those streets for which more restrictive parking regulations are . already imposed or proposed under the transportation plan would not be included in this proposal. He stated that parking permits could then be issued to students, staff and faculty at MSU for those east/west and north/south streets which were so designated. The Assistant City Manager stated that for this option to be effective and yet provide the results desired from a parking district, permits for a percentage of the spaces available could be sold to non- residents, with numbered block faces which designate where those permits would be valid. He suggested that the number of available parking spaces per block face could be determined by using the nighttime vehicle counts; and permits for up to 50 percent of those spaces could be sold to non-residents. He noted that this would be applicable where few or no houses front on a street as well as around the fraternities and sororities. He stated that the proposal he has outlined would be for those streets along the east side of the campus. In the area around the . Irving School, a similar street designation would be established, to provide an opportunity for faculty and staff at the Irving School to park. Mayor Vincent noted that the Assistant City Manager has admonished the Commission that it is best to maintain consistency within the district, and to ensure the rules are concise and understandable. He then asked if this option meets that admonition. 02-07-94 - -. - -------.------- - 6 - Assistant City Manager Brey responded that if each of the block faces is numbered and if parking permits for non-residents are specific to those block faces, the consistency needed for a successful program should be met. He cautioned that if this option is followed, care must be taken to ensure that the purposes of the parking district, which include the . removal of parking congestion and some of the safety hazards associated with high-density parking, must be met. Responding to City Manager Wysocki, the Assistant City Manager stated that the parking district boundaries should not need to be changed because of this proposed option. He noted, in fact, that it would allow some of the non-residents who currently park within the proposed district to continue doing so, provided they have purchased a sticker. He also noted that if parking permits are issued for specific block faces only, the amount of driving around to find a parking space will be substantially reduced. He stated that this option would also create the opportunity for more permittees, which will also increase the revenues to fund the costs within the district. City Attorney Luwe cautioned that with this proposed option, the City will encounter . more administrative and enforcement costs as well. Responding to Commissioner Frost, the Assistant City Manager stated that non- resident parking stickers could possibly be issued in a manner which would address the concerns raised during the public hearing, e.g., female dormitory residents in the northeast corner of the campus and elderly ladies who work in those dorms. Further responding to Commissioner Frost, the Assistant City Manager stated that the proposal to allow non-resident parking around the fraternities and sororities is based on the testimony that many members do not reside at the house, but regularly attend meetings and meals at the house. The Assistant City Manager then responded to several additional questions from Commissioners regarding the five options he has forwarded. . Responding to Commissioner Stiff, City Attorney Luwe stated he has serious concerns about the legality of reserving a parking space on the public street in front of each residence within the city limits, characterizing the issue as one of proprietary interest versus public interest. He stated, however, if the Commission desires, he will research the issue further to determine if it could be considered as an alternative. He cautioned that the subject area has 02-07-94 -- -..----.---- - 7 - forwarded documentation to show that this is a legitimate problem. He noted that the U.S. Supreme Court and the Montana Supreme Court have determined that the creation of a neighborhood parking district to address those types of concerns is an acceptable option. Commissioner Stiff stated that parking problems are not limited to just the area . around the University; but they occur throughout the community. He stated his interest in addressing these problems in a simplistic manner if at all possible. City Manager Wysocki asked if any Commissioner is interested in having staff do additional research on Option Nos. 3, 4 and 5 as listed by Assistant City Manager Brey. Each of the Commissioners, in turn, stated a lack of interest in Option Nos. 3, 4 and 5, thus eliminating them from further consideration. Commissioner Stueck stated his support for a two-hour parking restriction along West College Street for the businesses. He then stated an interest in considering Option No.2, as submitted by the Assistant City Manager. He noted the importance of keeping the program simple, suggesting that designating streets in three or four areas for some non-resident parking might be the best approach, rather than spreading those opportunities throughout the district. . Commissioner Stueck then stated he feels it is important for the Commission to make a decision, rather than asking staff to "jump through hoops". Commissioner Frost stated his support for Option No.2, recognizing the importance of keeping the program simple. He suggested the possibility of separating the non-resident parking along West College Street, with the area south of that street being open to University parking and the area north of that street being open for Irving School parking, citing enforcement as the reason for that suggestion. He noted that female dormitory students, elderly women working in those dorms and staff members who take children to child care could be given first option for those parking permits that would be made available. Commissioner Frost expressed a concern about fairness. He noted that permits to park on campus cost $50 per year, while the City is discussing a $10 fee for permits to park . on the street. He suggested that this could result in an unfair advantage for those groups that are identified as eligible for non-resident parking permits. Commissioner Stiff concurred with Commissioner Stueck's assessment that the Commission must not place an undue burden on staff in this decision-making process, but should proceed with minimal demands on staff. 02-07 -94 ---.---- -.-----------.--. -- _.n. ._....___...__.__________....___ " - 8 - Commissioner Youngman stated an interest in addressing the West College Street business concerns. She expressed concern about Commissioner Frost's suggestion to divide the district at West College Street, noting some University people may wish to park north of West College Street. i. Commissioner Youngman also stated an interest in knowing whether Option No.1 is a legal option. Commissioner Youngman suggested that it may be appropriate for the City to ask the University how they plan to address some of the parking problems and issues that have been raised. She noted that if the University intends to provide additional parking which would meet some of the concerns expressed, it would be beneficial to have that information before making a decision. Commissioner Stiff asked if it would be possible to charge the same for the non- residential parking permits as the University charges for its on-campus parking permits. Assistant City Manager Brey responded that is a legal issue which must be addressed. Mayor Vincent stated an interest in having the City Attorney research whether Option . No.1 is a legal option. He then stated the fairness of the fees for a non-resident permit is an important issue that needs to be addressed. He noted the importance of addressing the concerns of the businesses along West College Street as well. Assistant City Manager Brey asked that the Commissioners begin to think about what additional information they want from MSU officials, and be prepared to forward those thoughts at the next meeting on this item. He noted that they are currently reviewing statutory requirements for on-campus parking, in response to City staff questions. Responding to Commissioner Frost, the Assistant City Manager stated that it would be possible to remove the B-1 zoned property from this parking district without impacting the process to this point. He noted that the language in the enabling legislation refers to predominantly residential development. . Further responding to Commissioner Frost, the Assistant City Manager stated that numbering the block faces will result in increased costs for administration, enforcement, permits and signage. The Assistant City Manager then reminded the Commission that he needs to direction from the Commission by mid-March so he can begin the necessary bidding processes to have 02-07-94 --- --- - ------- ----- ------- -.-..--. .- -...- . - 9 - the program in place by mid-August, if the Commission decides to create a neighborhood parking district. Mayor Vincent requested that this item be placed on the February 22 agenda for further discussion. . Mid-year budget review: authorize Mayor to sign budaet amendments Administrative Services Director Gamradt reviewed the information he had forwarded to the Commission regarding the mid-year budget review in his memo of January 31, 1994, which was included in the Commissioners' packets. The Director provided some background information for the new Commissioners, noting that in August of each year, the Commission adopts the budget for the fiscal year; and no monies may be expended without their approval. He noted that, because not all expenses can be anticipated at the beginning of a fiscal year, staff reviews the revenue and expenditure reports at the end of the second, third and fourth quarters and forwards a listing of budget amendments which are necessary to provide for expenditures throughout the year. . The Administrative Services Director stated that the total of the budget amendments for this mid-year review is slightly over $1 million, noting a majority of that is due to a transfer of Valley Unit notes and special assessment receivable monies for special projects and monies for two new special improvement districts. He noted that new special improvement districts are in process most of the time; and it is difficult to guess which of those will be in process in any given fiscal year. Administrative Services Director Gamradt stated that, while there is no statutory requirement for revenue estimates, he reviews them to determine whether the initial estimates were accurate. He noted this review revealed that the City has received substantially more in building permit fees than originally anticipated. He noted that when he first arrived in Bozeman, the City was receiving $60,000 to $80,000 annually in building permit fees; and this year's . estimate, which is conservative, is now $325,000 with this budget amendment. The Director noted that water revenues are running approximately $150,000 behind original estimates, due in large part to last year's wet summer. He cautioned that these revenues are extremely volatile, particularly during the summer months. 02-07-94 ..------.- --.-..--.-.....-.---- - 10 - The Director then stated a substantial increase in revenues for the Solid Waste Fund is included in this budget amendment. He noted this is due in large part to the increase in garbage being taken to the landfill. He cautioned that, while this results in higher revenues, it also decreases the life of the landfill and shortens the amount of time the City has available to . set aside monies for closure of the landfill. Administrative Services Director Gamradt stated that one item not included in these budget amendments is a request from the Recreation and Parks Advisory Board for an additional $1,000 for setting of cross-country ski tracks in and around Lindley Park. He noted that this request was not due to any unforeseen circumstances, but is simply a request for increased funding. He stated these types of items are more appropriately addressed in the budgeting process, not in the amendment process. Responding to Commissioner Frost, the Director stated that he and Controller Biekert are currently reviewing the Sub-Title D regulations to determine what accounting treatments must be in place by the end of this fiscal year. He stated that, while the monies for closure of the landfill do not need to be set aside in this fiscal year, some of the accounting strategies . must be. Further responding to Commissioner Frost, the Director stated that the water rate increase which will be considered by the Commission in the next few weeks is based on the three-year budget projections, not on last year's wet summer. He then noted that, in addition to the shortfall in anticipated revenues, the City had an unanticipated expenditure of $850,000 for the Story case in the last fiscal year. Commissioner Frost noted that, while the amount of revenues from building permits has increased substantially over the past few years, the staff level that handles that workload has not increased. Responding to Commissioner Stiff, Administrative Services Director Gamradt stated that the City has four options for setting aside monies for closure of the landfill. He noted that . this issue is currently open for public comment; and the final changes in the Federal Register are yet to be made. Responding to Commissioner Stueck, the City Manager stated that when the budget was prepared, the final costs for acquisition of Burke Park were not yet known. He stated that 02-07-94 --- --.-.--. --.--..- -.-.-.---..-.-.--..--- _._ u._._.. _.... . ---.. ------ .. - 11 - the $35,000 budget amendment is needed to cover the actual costs, which were not fully anticipated as the original budget documents were being prepared. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission acknowledge receipt of mid-year budget review and authorize the Mayor to sign . the attendant budget amendments. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. Continued discussion - re develoDment of a cable television franchise agreement Assistant City Manager Brey noted that, included in the Commissioners' packet was a memo dated February 4, briefly outlining some of the components in the franchise agreements from Billings, Great Falls and Missoula, as well as a copy of the table of contents from a model franchise agreement submitted by Tele-Communications, Inc. He noted that letters from several individuals were also included in the Commissioners' packets. The Assistant City Manager stated that a franchise agreement generally allows use . of the public right-of-way for cable television lines and services, and for relocation of those facilities. He noted that the specific provisions in the franchise agreement can vary from community to community, and probably vary over time in any given community. Commissioner Youngman stated her interest in proceeding with a franchise agreement as quickly as possible. She noted that the President of Missoula Community Access Television has forwarded a letter to the Commission encouraging them to take advantage of this opportunity, which allows local government to do something for its residents. She noted it also allows the local government to protect the interests of its residents, particularly in this time of changing technology. She stated that when Commissioner Knapp came back from the cable television franchising workshop in Portland last fall, she was convinced that it was important to negotiate a franchise agreement, particularly for consumer protection. . Responding to questions from Commissioner Youngman, Assistant City Manager Brey stated that Billings and Missoula are considering rate regulation, similar to what the Commission will be considering in its public hearing this evening. He stated that a franchise agreement cannot address the rates beyond the rate regulation of basic service tier services, as allowed by the FCC. 02-07-94 ..-----.- - 12 - Commissioner Youngman stated she is glad to see from the letters received that the community is interested in a franchise agreement and in public access television. She suggested that public access television could provide opportunities for government access, for educational program and for general public programming. She noted, with interest, that one . of the most popular programs in Missoula is the City Council meetings. She suggested that the City could start this process by asking that equipment be provided and that people be trained so that the live programming can be provided later on. Commissioner Youngman then forwarded her interest in forming a broad-based committee formed to review various options, and report back to the Commission with its recommendations as quickly as possible. She noted an interest in reviewing the consumer protection aspects of a franchise agreement. Commissioner Stiff noted that the community is well served by KUSM at this time; and many individuals in the community contribute to that station on an annual basis. He then questioned whether a public access station would truly be revenue neutral. Commissioner Stueck stated support for forming a committee to review this issue. . He noted that he does not understand enough about the process to make a decision at this time; and a committee recommendation would be helpful. Commissioner Frost stated he feels that forming a committee is the best first step at this time. He noted surprise at the number of people who have indicated support for a public access channel to him over the past three months, particularly so they could watch the City Commission meetings. He also indicated he feels the Commission should make a decision on this matter as quickly as possible. Mayor Vincent stated concurrence with the other Commissioners, stating he feels that forming a committee is the best approach. He then reminded the Commission that a franchise fee will be reflected on the bill of each cable television subscriber; and some of those subscribers will view it as a tax. He stated this is one of those situations where the burden of . proof is on the advocates of a franchise agreement; and they must convince the public that the benefits are worth the additional costs. He noted that, even if a franchise fee is not itemized on the bill from the cable television company, the costs will be incorporated into the bill; and the consumer will pay it anyway. 02-07-94 - 13 - Mayor Vincent then asked about the composition of the committee. Assistant City Manager Brey noted that an ad hoc committee was formed approximately ten years ago to review this issue. He stated he will review the composition of that committee and the committee for the Missoula Community Access Television to determine . what interests should be represented. He indicated that he will then prepare a recommendation for the composition of the committee for Commission consideration. He then asked the Commission to forward any of their suggestions to him as quickly as possible, so they can be incorporated into his recommendation. Mayor Vincent stated he feels that it is important the committee have credibility. He suggested that people who are knowledgeable about the industry, advocates of the franchise agreement and people from the general public should be included. Commissioner Stiff asked staff to provide a copy of the report from the previous ad hoc committee to the Commission. Assistant City Manager Brey indicated he will provide the requested information to the Commission as soon as possible. . Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Letter of resignation from the Community Development Block Grant Housing Loan Committee, dated January 31, as submitted by Jeff Rupp. (2) Letter from Maurie Magee, 318 North 20th Avenue, dated February 1, stating support for the transportation plan project which includes installation of a cul-de-sac on the south side of West Beall Street. (3) Invitation to attend the Community Luncheon at MSU on Thursday, February 10. . (4) Invitation to attend the Chamber of Commerce Governmental Affairs Committee breakfast meeting scheduled for 7:00 a.m. on Friday, February 11, at the GranTree Inn. This meeting is to provide an opportunity for informal discussion between the Commission and representatives of the Chamber. 02-07-94 - 14 - (5) Invitation to attend the Chamber of Commerce Governmental Affairs Committee breakfast meeting scheduled for 7:00 a.m. on Wednesday, February 16, at the HOliday Inn. This meeting is to provide an opportunity to discuss the results of the regular and special legislative sessions with local legislators. . The City Manager asked that the Commissioners forward their responses to the above three invitations to the Clerk of the Commission by noon tomorrow, so she may forward them to the appropriate agencies. (6) Copy of information from the January 1, 1994 edition of the Water Supply Outlook for the Western United States, prepared by the Soil Conservation Service. The City Manager noted that this report shows Bozeman's watersheds are at 71 percent of average. (7) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, February 8, along with daily minutes for the week of January 24. (8) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, February 8, at the Carnegie Building. . (9) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, February 8, at the Carnegie Building. (10) The City Manager distributed copies of summary information he had received today on the HOME applications received. He noted that on the summary, Bozeman's project is listed first. (11 ) The City Manager submitted his weekly report, as follows. (1) Attended a meeting with Chamber and airport officials regarding Continental's announcement that it is withdrawing service from Bozeman. He stated that he has offered to travel to corporate headquarters as a representative of the City, if necessary, to encourage air service to Bozeman. (2) Reminded the Commission of the meeting scheduled at 7:00 p.m. on Wednesday, February 23, at the Community Room of the Courthouse. He noted that representatives from the . County and from each community within the County are invited to attend. (3) Attended the Parking Commission meeting last week, in preparation for a retreat this week. (4) Met with the task force which is reviewing fiscal management of the State and certain communities in Montana in a four-hour work session last week. (5) Announced he will provide an update on 02-07-94 __.'.n_.' ____... ---...--"..- ..--. . - 15 - the goals for Fiscal Year 1993-1994 at the February 22 meeting, since Commissioner Stiff will be absent from next week's meeting. (12) The City Manager noted that the agenda, which was published in a display ad in yesterday's newspaper, cost $96. He characterized this as a long agenda, and estimated . that the average cost will be around $75 per week. Commissioner Stiff stated he thought the published agenda looked great, but he has received no affirmation from anyone. Mayor Vincent stated he has not heard any feedback on the published agenda. He suggested, however, that the Commission should try this approach for a while, and watch to see if it results in any greater attendance at Commission meetings or any greater interest in the agenda items. (13) Commissioner Stueck submitted the following. (1) Stated that last week, he attended the Planning Board meeting on Tuesday evening and the Recreation and Parks Advisory Board meeting on Thursday evening. (2) Stated that he met with Gary Griffith, from School District No.7, at which time they discussed the availability of soccer fields and baseball . fields. He noted that the School District has property on the west end of the city that could be used for minor league baseball fields with few improvements being required. He stated Mr. Griffith is going to pursue the possibility of establishing some type of fields for this summer, particularly if there is little cost involved. (14) Commissioner Stueck stated that the Recreation and Parks Advisory Board is in the process of establishing long-term goals; and they would like to meet with the City Commission in the near future to discuss those goals and find out if they are generally the same as what the Commission has in mind. He stated that he has been considering a meeting of City Commissioners, County Commissioners and representatives from the School District to talk about recreational needs and resources, in an attempt to develop facilities and programs that are of benefit to the general public rather than each individual entity. He noted that County . Commissioner Dunn has suggested a meeting of one or two individuals from each entity be held prior to a meeting of the full bodies, to ensure that the meeting is productive. He then asked if the Commissioners would be willing to participate in this type of meeting. City Manager Wysocki stated that with impending discussions on additional soccer fields and baseball fields, he feels it would be appropriate to talk with other entities as well, 02-07-94 - 16 - particularly the County. He noted that the County has divested itself of several parcels in recent years that may have been appropriately used for recreational purposes; and he also noted their tendency to accept cash-in-lieu payments for parkland dedications. Commissioner Stueck noted that if a subdivision is established before an area is . annexed, the County receives the benefit of the parkland or the cash-in-lieu payment; and the City derives no benefit whatsoever. He suggested that issue should be carefully considered when reviewing requests for annexation in the future. Commissioner Stiff stated he feels this type of discussion could be beneficial. Mayor Vincent stated he feels it is critical for a joint meeting to occur, noting it could serve to raise everyone's consciousness of how one entity's decision may impact another, particularly within the four-mile radius around the city. (15) Commissioner Frost submitted the following. (1) Attended the downtown improvement steering committee meeting last week. He noted that a survey form has been sent to 275 property owners in the core downtown area; and they are hoping to have at least a 15-percent response by next week. (2) Attended the Parking Commission meeting last week, . at which there was some discussion about the installation of directional signs for the parking lots before this summer's tourist season. He also noted that he plans to attend the goal setting retreat tomorrow afternoon. (16) Commissioner Youngman stated that she attended the Beautification Advisory Board meeting last week. She noted that they will not be participating in organization of the spring clean-up this year because of their other activities, but they intend to become involved next year. She then indicated the committee plans to seek Commission guidance in the near future to determine their next course of action. (17) Commissioner Stiff noted the information which the City Manager distributed at the end of last week's meeting was very helpful. He then requested that discussion of a general obligation bond issue to fund transportation projects be placed on an agenda in the near . future. He noted that interest rates are beginning to move upward again; and if the Commission is serious about pursuing this source of funding, it should act quickly. (18) City Attorney Luwe submitted the following. ( 1) Stated that he has reviewed the issue of adopting ordinances and possible language changes. He stated that he will address that issue in a memo to be included in next week's packet. (2) Stated he will also 02-07-94 n__ -- - -- - 17 - prepare a memo regarding a proposed change in the annexation process, noting that staff is discussing the idea of placing the staff report and the resolution of intent to annex a parcel on the same agenda. (3) Went to Federal Court in Butte on Friday regarding the Bozeman Solvent Site. He noted that the case is becoming complex, and is now split into four separate issues. . He stated that at this meeting with the Federal Judge, it was determined that clean up of the site is of primary concern to everyone; and that the issues of cost recovery and attorneys' fees are to be considered in a secondary light at this time. He then requested that, given the complexity of this issue, all questions be submitted to him before any type of response is made. (19) Clerk of the Commission Sullivan reviewed the agenda for next week's meeting, which includes an afternoon session only. (20) Mayor Vincent stated he has reviewed the state statutes regarding adoption of ordinances as well as the Commission's rules of procedure. He noted that the statutes can be confusing because of the general provisions as well as those for each form of government. The City Attorney noted that the rules of procedure have not been revised since he has been in Bozeman. He stated one of the provisions of those rules is that the draft of an ~ ", ordinance will be submitted to the Commission under "FYI Items" one week before it is submitted to them for action; and Assistant City Manager Brey is the only staff member who has complied with that provision. (21 ) Mayor Vincent stated that he spoke to an A.M. Rotary Club and the Downtown Bozeman Association this past week. He stated that during those meetings, he reminds people that growth costs; and that the additional revenues are needed to cover those costs. He then stated he has developed a form to obtain opinions on growth and any other comments they wish to make. He noted that he will make these responses available to each of the Commissioners, on a rotation basis, so they can see the input he is receiving. (22) Mayor Vincent stated that at the Downtown Bozeman Association, concern was raised about loitering; and they requested a beat patrolman if possible. He noted there . /-p.. were also comments raised about the traffic flow being backward in the downtown area; concern about the fact that employees are parking on Main Street, thus taking away available parking for customers; and discussion on the possible installation of restroom facilities on Main Street. 02-07-94 -'-.-. - ---.- ~ .-.-...-.....- , \ \ - 18 - Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Deviation from Section 18.30.060 - to allow buildina addition to exceed 32- foot maximum buildina heiaht bv 3 feet - Gene Cook for Comfort Inn. 1370 North 7th Avenue (Z-93181) . Aoolication for Kennel License - Elisa Phares. 507 South 8th Avenue - Calendar Vear 1994 Aoolication for Kennel License - Chris Furtak. 3945 Cascade - Calendar Vear ~ Ratify City Manager's signature - Utility Cost agreement for sewer main extension to Lot 3A. Block 1. Vallev unit Subdivision. Phase I - Wavne Paffhausen (oversized sewer main for new USDA building) Authorize City Manaaer to sian - Sanitary Sewer Pioeline Easement and Agreement with Oak Street Partnershio - 1 O-foot-wlde easement along north side of Lot 1. Minor Subdivision No. 97 (Comfort Inn site) (for relocated sewer line for Wal-Mart) Authorize City Manaaer to sian - SanitarY Sewer Pioeline Easement and Aareement with Georae Westlake and Kav Martinen - 20-foot- wide to 40-foot-wide easements along Lots 1. 2 and 3. Minor Subdivision No. 109 and a oortion of unolatted orooertv (oarallel to West Oak Street. west of North 7th Avenue) (for relocated sewer line for Wal-Mart) . Authorize City Manager to sign - Change Order No.1 - 1993 Street Imorovements. Schedule II - Big Sky Asohalt Comoanv. Inc. - add $63.90 and 0 calendar davs Authorize City Manaaer to sian - Professional Services Agreement - Morrison-Maierle/CSSA - enaineering services for SID No. 656. water main in Burruo Annexation Authorize City Manaaer to siQn - Professional Services Aareement - Robert Peccia and Associates - enaineering services for West Main StreetlWest Babcock Street/South 23rd Avenue intersection realianment and signalization Authorize City Manager to siCJn - AQreement for Intersection Reconstruction - State of Montana. Deoartment of Transoortation - West Main StreetlWest Babcock Street/South 23rd Avenue intersection It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate . persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. 02-07-94 - 19 - Recess - 5:33 D.m. Mayor Vincent declared a recess at 5:33 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. . Reconvene - 7:00 D.m. Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearing. Public hearing - Zone MaD Change from A-S and R-S to B.P - Edward C. McCrone. The Mill. Ltd. - 13.4247-acre tract known as Tract 1. COS No. 1224. located in the SW%. Section 32. T1S. R6E. MPM (2100-2150 Story Mill Road) This was the time and place set for the public hearing for the Zone Map Change from A-5, Agricultural--5uburban, and R-5, Residential--Suburban, to B-P, Business Park, requested by Edward C. McCrone, The Mill, Ltd., under Application No. Z-93174, on a 13.4247-acre tract known as Tract 1, Certificate of Survey No. 1224, located in the Southwest one-quarter of Section 32, Township 1 South, Range 6 East, Montana Principal Meridian. The subject site is . more commonly known as 2100-2150 Story Mill Road. City Manager Wysocki submitted to the Commission a letter from the applicant requesting that the public hearing be continued to February 22. Mayor Vincent opened and continued the public hearing to 7:00 p.m. on February 22, per applicant's request. Public hearina - Commission Resolution No. 2950 - DroDosed issuance bv the City of Bozeman of its $1.100.000 Limited Obliaation First Mortgage Revenue Bonds for the Montana State University Foundation This was the time and place set for the public hearing on Commission Resolution No. 2950, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2950 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO THE PROPOSED ISSUANCE BY THE CITY OF BOZEMAN, MONTANA, OF ITS LIMITED OBLIGATION FIRST MORTGAGE REVENUE BONDS FOR THE MONTANA STATE UNIVERSITY FOUNDATION, INC. PROJECT TO PROVIDE PERMANENT FINANCING FOR ADMINISTRATIVE, EDUCATIONAL AND RELATED FACILITIES CONSTRUCTED AND ACQUIRED BY THE FOUNDATION AND WHICH ARE LOCATED CONTIGUOUS TO THE CAMPUS OF MONTANA STATE UNIVERSITY AND WITHIN THE CORPORATE LIMITS OF THE CITY OF 02-07-94 - 20- BOlEMAN, MONTANA; DIRECTING THE PREPARATION OF FINANCING DOCUMENTS AND INSTRUMENTS RELATED THERETO AND WHICH WILL BE REQUIRED FOR SUCH FINANCING; AND PROVIDING FOR A NOTICE OF AND A PUBLIC HEARING TO BE HELD IN CONNECTION WITH AND RELATING TO THE PROPOSED FINANCING DESCRIBED HEREIN. Mayor Vincent opened the public hearing. I. Mr. Jim Ness, Treasurer of the MSU Foundation, stated he has worked with City staff, providing them with the necessary paperwork for this requested bond issue. He stated that this bond issue is to provide permanent financing for the new facility which was recently completed at the corner of South 11th Avenue and West Lincoln Street. He stated they are proud of the new building, noting it is playing an integral part in their 100-year fund raising effort. Mr. Ness then stated that the Foundation had originally anticipated that a local bank would bid on these bonds, which would result in a low cost of issuance. He stated that the bank has now indicated it will not be bidding, which will raise the issuance costs by an estimated $45,000. He asked if this amount could be added to the $1,100,000 originally requested. . City Manager Wysocki stated that if an increase in the size of the bond issue is needed, the bond issue must go through the entire process again. He noted that if a decrease had been requested, it could be accommodated under the documents which have been adopted and published to date. Mr. Ness stated that with interest rates beginning to climb, the Foundation would prefer to continue through the process at the lower amount rather than go through the entire process for the additional amount. Responding to Commissioner Stiff, the City Manager stated that this bond issue, which is for Limited Obligation First Mortgage Revenue Bonds, will not affect the amount of general obligation bonds that the City may issue. No one was present to speak in opposition to the requested Limited Obligation First . Mortgage Revenue Bond issue. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission authorize and direct staff to prepare the necessary paperwork for issuance of 02-07-94 ~. ----." .-.-- .. - 21 - the $1,100,000 Limited Obligation First Mortgage Revenue Bonds requested by the Montana State University Foundation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. . Public hearing - Ordinance No. 1379 - Drovidina for the reoulation of basic service tier rates and related eauiDment. installation and service charges of anv cable television svstem oDeratina in the city This was the time set for the public hearing on Ordinance No. 1379, as approved by the City Attorney, entitled: ORDINANCE NO. 1379 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOlEMAN, MONTANA, PROVIDING FOR THE REGULATION OF BASIC SERVICE TIER RATES AND RELATED EQUIPMENT, INSTAllATION AND SERVICE CHARGES OF ANY CABLE TELEVISION SYSTEM OPERATING IN THE CITY OF BOZEMAN, MONTANA. Mayor Vincent opened the public hearing. Assistant City Manager Ron Brey stated that the Cable Television Consumer . Protection and Competition Act was adopted by Congress in October 1992; and that act provides for local government authority to regulate basic service tier rates and related equipment, installation and service charges. He stated that all other aspects of cable television rates are regulated by the FCC or go unregulated. The Assistant City Manager noted that in August 1993, the City Commission determined it appropriate to seek certification by the FCC as a franchise authority, thus allowing the City to regulate rates. He cautioned that this authority does not allow for the City to establish rates, rather, it allows the City to review the rates charged by the cable television company to ensure that they are in accordance with the rates established by the FCC. The Assistant City Manager stated that if the Commission adopts this ordinance, he will notify the cable television company that they have thirty days in which to provide the City . with information on their basic service tier rates and services; and the City will have thirty days in which to review that information and determine whether the company is in compliance with FCC regulations. Assistant City Manager Brey emphasized that the FCC will not regulate basic service tier services and rates unless the local government requests that they do so and can 02-07-94 --.-.----.---...----. - 22 - demonstrate that it does not have the legal authority to do so, or if it can demonstrate that it does not have the resources to provide the regulation services and that it cannot use franchise fees to cover those costs. He stated that the first criterion is not applicable; and it would be extremely difficult, if not impossible, to meet the second one. . Ms. Lynne Merrick, a media education consultant, stated her support for City control, to ensure consumer protection. She stated the cost is minimal; and under the regulations, the cable company is not supposed to pass those costs on to the consumer. She then asked three questions: (1) is there a track record of FCC response regarding consumer protection where they have control; (2) how effective was it; and (3) how would the process of local control be accommodated? She then stated her support for negotiation of a franchise agreement between the City and TCI Cablevision, under which the City could require access to channels for its citizenry under the 1984 Cable Act. Ms. Ankara EI-Auria, 1102 South Black Avenue, stated her support for City regulation. She noted the way in which the local cable television company has manipulated its rates. She stated that a company which is in a monopoly situation needs to be monitored. . She then raised questionable behaviors of the existing cable television company that she feels should be investigated. She noted that charges are assessed for turning on and turning off premium channels, on the basis that someone has to go into the field to do so. She noted that at the present time, all cable customers are being given the opportunity to preview a new pay channel; and that availability is being provided through headquarters without going to every home. Mr. Erik Nelsen noted that he had submitted information for Commission consideration. He stated that Telecommunication, Inc., is not his example of a model corporation. He noted that the Encore channel was previewed for two months at no cost to the consumer; however, at the end of that two-month period, customers were required to call in to cancel the service if they did not wish to continue it in a pay status. He stated that the . Attorneys General in over half of the states in the United States determined that practice was improper and forced TCI to change its practice. Mr. Nelsen stated that, because of this type of behavior, he feels it is important for the City to preserve the ability to regulate services and rates. He noted that new technologies are forthcoming; and it is important that the City be in a position to address them if necessary. 02-07-94 - 23 - He also noted the merger talks which are currently taking place between Bell Atlantic and TCI Cablevision; and if that merger occurs, it will result in an extremely large corporation which will have access to over 50 percent of the households in the United States. Mr. Nelsen reviewed some of the technologies that may be available within the next . five years, reiterating his position that it is important for government to be in a position of monitoring them. He cited interactive television and electronic mail as examples of new technology as new innovations. He encouraged the City to take this opportunity and "secure for the City a place at the table" when these new forms of technology are being created and possibly made available in Bozeman. Mr. Don Branton, manager of TCI Cablevision in Bozeman, addressed some of the issues which had been raised during the public testimony. He also provided a lengthy history of the TCI Cablevision company, and discussed current technologies and procedures. Mr. Branton stated that the company does not have a "magic switch" to turn premium channels on and off to specific homes. Instead, the company must send an individual to the home, where he either adds or removes a descrambler or adds or removes a filter, depending . on the pay channel, depending on what service the customer is requesting. Mr. Branton stated that TCI has an earth station on Sourdough Road, where most of its signals are trapped; and those signals are then transferred to the office on West Mendenhall Street, where the off air channels are combined with the signals received from the earth station; and the signals are then transmitted through the cable system. Mr. Branton stated that in 1985, TCI Cablevision tried a totally addressable converter system; however, that system was customer unfriendly. He noted that in 1989, that system was eliminated; and addressable converter boxes are now used for the pay-for-view channel only. He stated that with this system, each converter box has a special number; and the pay- for-view channel can be turned on to a specific location via computer in the main office. Mr. Branton stated that the current TCI Cablevision system was built in the 1950's . and has only been upgraded once. He stated that the system is presently limited to 36 channels; and they are at maximum. Mr. Don Branton noted that broadcast stations are divided into "must carry" and "negotiate" categories. He noted that Fox is in the "negotiate" category; and TCI Cablevision will soon be carrying that channel as well. 02-07-94 .-------...---.- ....;:: - 24- Mr. Branton stated that under FCC regulations, his company is required to charge for all services, including installing a service or disconnecting a service. He noted that an hourly rate is established; and a company may either use a chart which lists the time to accomplish a task or may keep track of the actual time. He stated the service rate in Bozeman is currently i. $30.52 per hour; and that rate is taken times the length of time to provide the service. He emphasized the fact that changes in service require sending a man into the field, noting they do not have the latest in technology like the telephone company has. Mr. Branton stated that Congress has indicated that only 5 percent of the cable companies in the United States are guilty of rate gouging; and TCI Cablevision is not one of them. He stated that in 1981, the basic rate was $9.95 for Channels 2 through 13, with three duplications, so consumers were actually receiving 8 channels. He noted that under the basic service tier, consumers receive 13 channels for $9.49. Mr. Branton stated that TCI gets the best rates in the world because of its size; and he views that as an asset rather than a detriment. He also noted that TCI has assisted new networks in getting started, so they have additional programming to offer the consumer. . Mr. Branton stated that Mr. John Malone, Chair of TCI, is the lowest paid chief executive in the country. He noted that TCI Cablevision was started here in Bozeman; and in 1972, when Mr. Malone took over, the company was almost bankrupt. He stated that the company did not show a profit until 1992 because all available monies were put back into the company. Mr. Branton stated the corporation learned from its attempt at negative option. He noted this issue was raised in testimony received, even though that incident occurred two years ago and has not occurred since. Mr. Branton stated that TCI Cablevision does not mind if the City regulates them. He noted the importance of being able to talk to the local government about issues which may arise. He then stated that, while they are the only cable television company in Bozeman, he . does not feel it is a monopoly because there are radio stations, theatres and video rental stores which compete with them. He further noted that only 60 percent of the people in Bozeman to whom cable service is made available are actually connected to the system. Mr. Don Branton then stated a willingness to enter into a franchise agreement with the City, noting that many of the questions and concerns raised could be addressed through 02-07 -94 __n ..._.__ .._._ ..----.. - 25 - that mechanism. He then spoke about the future of TCI Cablevision, noting they are the first cable system in the country to provide free service to every school which they pass. He stated that in Bozeman, the company has also purchased a $150 piece of equipment which allows students to access a data service via computer. . Mr. Branton then stated it is important to recognize that the City's role in regulating basic service tier rates and services and entering into a franchise agreement do not place TCI Cablevision and the City in adversarial positions. He noted, instead, that the City and TCI can work together to provide service to the consumers. Responding to Commissioner Stueck, Mr. Branton stated that he is a distributor for the DBS system. He stated that under that system, a 1-meter dish is set in an individual's yard that will pick up the signal. He stated the cost is $29.95 per month. He stated that, until the merger talks began, TCI Cablevision was planning to expand to 70 channels in Bozeman by June or July. He also stated that upgrading from analog to digital was being considered; and that would provide much more capacity. He noted that the dish option could create effective competition for TCI Cablevision, particularly if a large number of potential TCI customers opted . for the dish instead. Mr. Tom Austin, 1111 South Willson Avenue, stated he has been involved in the cable television industry since 1966. He stated that he worked for TCI Cablevision and for Western Satellite and now operates the cable systems at Four Corners and Riverside. He noted that the customers on the system at Riverside pay a much higher rate for the channels they receive than customers to the TCI Cablevision system because he does not have the negotiating power that TCI has. Mr. Austin then reviewed some of the technologies that will be seen in the near future. He stated those include a wireless system; microwave, which now has over 30 channels; a broadcast satellite; and conversion from analog to digital systems. He noted that the Japanese have developed high definition televisions; and the United States is working on . that technology, taking advantage of the digital signal. He also noted that telephone companies will also be able to provide cable television services. He stated that competition is coming; and it will reach even consumers in Bozeman, Montana. Mr. Austin characterized a franchise fee as a "selective sales tax," noting that Montanans recently defeated a sales tax on a 75 to 25-percent split. He then stated that he 02-07-94 - 26- was irritated at being required to pay a fee to disconnect his HBO service; however, he also understands that under FCC regulations, each service must bear its own costs. Mr. Austin stated that under this proposed ordinance, the City will only look at one very small segment of cable television service. He also noted that with change to a digital . system, it may be possible to develop an addressable tap which can be operated by computer rather than having a service man physically make changes in the cable line. Mr. Don Branton stated that the new regulations stipulate that the City can charge a fee for regulating the basic service tier; however, the cable company may not pass those costs on to the consumer until September 1, 1994. He noted that this fee is totally separate from a franchise fee, which can be up to 5 percent of the gross revenue. Responding to Commissioner Stueck, Mr. Branton stated that if a customer wishes to file a complaint, the cable company provides that individual with a 329 complaint form, which is to be completed and filed with the FCC. He stated that if the City chooses not to regulate the basic service tier and an individual has a complaint, the FCC would review that complaint form. . Mr. Branton then reiterated that he has no problem with the Commission adopting this proposed ordinance. He suggested, in fact, that it may help alleviate the concern that his customers, and the City's citizens, because the City is reviewing the basic service tier rates and services, thus helping to ensure that the company is in compliance with federal regulations. Commissioner Youngman noted that the Commission received some letters which were submitted under the discussion for cable television in this afternoon's session that contain information which should be taken into consideration under this agenda item as well. Responding to Mayor Vincent, Assistant City Manager Brey reminded the Commission that the City does not set rates locally under this proposed ordinance; rather, the City reviews the cable company's rates for basic service tier services to ensure that they are in compliance with FCC standards. . Mayor Vincent noted the confusion surrounding the new cable television regulations. He stated that many of the newspaper articles he has read on the 1992 act indicate that Congressmen, including the sponsors of the bill, are generally upset with the act as adopted and suggest that changes will be made. He then asked if there is any reason for the City to wait until those changes are made before acting on this issue. 02-07-94 --------- _._......u______...__..._ _. - 27 - Assistant City Manager Brey stated that in August 1992, the City became a member of the National Association of Telecommunications Officers and Administrators (NATOA); and that has been the source of most of the information he has provided to the Commission. He noted that organization recognizes that changes in the regulations are likely. . City Manager Wysocki suggested that the Commission adopt the ordinance at this time. He noted that if the federal regulations change substantially, the Commission can always amend or repeal the ordinance. He then stated that if any documents are necessary, a consultant who is knowledgeable in this field should be retained to prepare them since no City staff member is adequately trained to do so. At Commissioner Frost's request, Assistant City Manager Brey responded to the three questions raised by Ms. Merrick. He stated that he is not aware of any local instance in which a consumer has filed a complaint form and sought protection under the Cable Television Consumer Protection and Competition Act. He noted that same answer is applicable to her second question. He then stated there has been no local control to this time; and he cautioned that the Commission must recognize the limitations which will be placed on its regulating . authority if it adopts this ordinance. Commissioner Stueck stated that, rather than the local government have any sort of regulatory authority, it actually becomes a policeman for the FCC. He stated it appears that the FCC wants the City to accept the financial burden of policing their regulations, rather than sending someone into the field. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. Commissioner Youngman stated she feels it is important for the City to accept regulation of the basic service tier rates and services. She noted that the current Manager of TCI Cablevision has suggested that this could create a constructive action for both the City and for the industry. She observed that it is annoying to receive another federal mandate without . any funding, particularly for such a complex issue. She suggested, however, that it is estimated this process will take one to two weeks of staff time per year, which is not a major expense to the City. Commissioner Youngman stated she feels the City must accept the regulation of the basic service tier to ensure that some regulation does occur, particularly since a non- 02-07-94 - 28 - competitive situation exists. She then suggested that the Commission may wish to strongly consider a franchise agreement to provide for more effective regulation of the industry. Commissioner Frost stated he feels the FCC should be responsible for the regulation of cable television. He noted, however, they have determined that they will provide local . governments with the opportunity to regulate basic service tier rates and services; and if local government does not accept that responsibility, the industry will go unregulated and the consumer will have no protection. He then stated he feels it is important for the City to accept this responsibility. Commissioner Stiff stated his support for adoption of this ordinance. Commissioner Stueck stated the more he learns about the cable television industry, the less he really knows about it. He expressed concern that under this proposed regulation of basic service tier rates and services, the City is not really allowed to review the rates, but is just policing what the FCC has done. He also noted that 95 percent of the customers subscribe to more than just the basic service tier. He stated that government regulation will result in additional costs being passed along to the customer. . Mayor Vincent noted that regulation of the basic service tier rates and services will not occur unless the Commission adopts this ordinance; and he feels they have an obligation to do so. He stated, however, if federal regulations change, it may be necessary to reconsider this ordinance. He feels that the federal changes are not right and not fair; however, he feels that local government must deal with the issue responsibly. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission finally adopt Ordinance No. 1379, providing for the regulation of basic service tier rates and related equipment, installation and service charges of any cable television system operating in the city. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No being Commissioner Stueck. . Adjournment - 8:37 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being 02-07-94 ..------....----.- ~ 29 - Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. ~ \jNA~ . J N INCENT, Mayor ' ATTEST: (l~J~ ROBIN L. SULLIVAN Clerk of the Commission . . 02-07-94