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HomeMy WebLinkAbout1984-08-20 312 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA August 20, 1984 ************************ The Commission of the City of Bozeman met in re ular se' . Municipal Building, August 20 1984 t 4'0 9 SSlon In the Commission Room, , , a . 0 p.m. Present were M W I portion of the meeting) Commissioner M th ( . ayor eaver (during the first , a re acting as Mayor PT. portion of the meeting), Commissioner V t H II C '. ro empore during the second . an u, ommlssloner Anders C '. CIty Manager Wysocki Assistant City M B' on, ommlssloner Jordan, , anager arrlck City Att of the Commission Sullivan. ' orney Crumbaker-Smith and Clerk The meeting was opened with the Pledge of Allegiance ad. The minutes of. n a moment of sIlence. the specIal meeting of August 9 1984 the minutes of the regular meeting of A ' were approved as submitted; and ugust 13, 1984 were approv d the minutes of the special meeting of A t 1 e as amended. Action on ugus 7, 1984 was deferred for . d Mayor Weaver asked if any of the C ". a perlQ of one week. ommlssloners wished to remove any of the Co t Items for discussion. Commissioner Vant Hull requested that the CI' b ns~n alms e removed for dISCUS- sion. Presentation by Prof. Ray White re water course and fish habitat conservation Mayor Weaver stated appreciation for the written report Professor White submitted to the Commission concerning water courses within the city limits. Professor Ray White thanked the Commission for the concern it has shown for preservation of the water courses within the city limits and adoption of the 35-foot stream setback with five feet of natural vegetation along the stream banks. He noted that streams carve the channel in which they flow in certain ways to which the fish have become adapted. He stated when people change the channels for various purposes, they create kinds of channels in which fish cannot well exist. The professor noted there is a trend in the United States to consider water quality, I but stream quality and lake quality must also be considered when preserving the fish habitat. Professor White then submitted an overhead projector presentation, indicating the three types of streams, which include straight, braided and meandering. He noted the meandering stream is most common and provides habitat for all phases and activities of fish life. /-Ie then submitted a slide presentation, showing the different types of streams and the areas in which fish live. Mr. White indicated that Bozeman Creek near Bogert Park has been straightened, with a cement wall constructed along one side to prevent its relocation. He noted that area contains one of the poorest trout populations along the stream. He then indicated some steps could be taken to improve the fish habitat in those areas of the streams which have been altered by humans through addition of underwater logs and windfallen trees across the stream. Mayor Weaver noted there are viable fisheries within the city limits which must be protected. He then asked if there are one or two high priority items which property owners along the stream banks should consider doing to maintain the fisheries. Mr. White stated the streams should not be straightened. Also, the stream conditions should be improved where possible, through adding of fallen trees possibly. Also, vegetation along the edges should be left in a natural state, not mowed to the edge of the creek. The Commission thanked Professor White for his presentation. Staff report - Annexation requested by Stephanie Volz, Norman Wallin and David Wallin - 8.25 acres between West Main Street and West Babcock Street, just west of the Bobcat Lodge and I east of the Ponderosa City Manager Wysocki stated the City has received a request for annexation of 8.25 acres lying between West Main Street and West Babcock Street, submitted by Stephanie Volz, Norman Wallin and David Wallin. He noted the staff has reviewed the request and prepared the staff report, based on the annexation criteria established by the Commission. Planning Director Steve Lere presented the Staff Report. He stated the subject parcel lies west of the Bobcat Lodge and east of the Ponderosa, and fronts on West Main Street with a 08-20-84 I 313 portion of the site extending to West Babcock Street. He stated the site contains one single- family residence fronting on West Babcock Street; and the remainder of the site is vacant at this time. The Planning Director stated the appl icants have received approval from the City- County Planning Board and City Commission for a Master Plan Amendment to change the land use designation from medium-density residential to highway commercial except for that portion on which the single-fami Iy residence is located. He noted if the annexation is approved, the I applicants will then be required to submit an application for a Zone Map Change to rezone the property to B-2, Community Highway Business District. Planning Director Lere then reviewed the various points contained in the Staff Report. He noted there is a potential for groundwater problems in the area, which must be carefully reviewed. He noted water and sewer lines can be easily extended to the site, creating a looped line for the water system. The Planning Director then stated a revision has been proposed on the traffic impacts. He noted that during the Master Plan Amendment, the staff recommended that access be provided only from West Main Street, through two accesses which were previously approved. However, the Director of Public Service and the Highway Department have indicated that a public street through the parcel connecting West Main Street and West Babcock Street would be beneficial for traffic circulation. He noted the owner of the parcel immediately to the north of this tract has indicated an interest in annexation if this parcel is annexed, which would create the possibility of extending North 25th Avenue to West Main Street. The Planning Director then stated that plans for the public street should be approved by the City Engineering Officer prior to approval. Planning Director Lere then reviewed the criteria listed in Commission Resolution No. 2502, noting the requested annexation is in general compliance. Mr. Norm Wallin, applicant, stated the new proposal to provide a public street between West Main and West Babcock will require a change in the development of this site. He stated the applicants hope to get water and sewer service to the tract this fall so that construction can begin next spring. He then expressed disagreement with the possible requirement for in- I stallation of a public street through the site. Commissioner Vant Hull asked if an annexation fee should be required for this item. She also asked expressed concern about development of a cash-in-lieu of water rights payment as soon as possible. City Manager Wysocki stated the staff is currently working on cash-in-Iieu payments and recommendations for annexation fees. He indicated he does not feel any annexation requests which have been submitted prior to adoption of those fees should be subject to the fees. Mayor Weaver asked if discussions between the Planning Staff, Engineering Officer and applicants will be conducted on the proposed public street. Steve Lere indicated the staff will meet with the applicants on this item. Mr. John Schunke, Morrison-Maierle, representing applicants, stated the applicants agree to the items listed in the Staff Report. He stated the proposed installation of a public street through this property would not align with North 25th Avenue, but would result in a jog. He stated the only property in this annexation request fronting on West Babcock Street is the single-family residential lot, which is only 79 feet wide. Mr. Schunke indicated a willingness to meet with the City staff to discuss possible alternatives to this recommendation. Commissioner Anderson asked if any drainage problems could be incurred on this property. Mr. Schunke indicated if a large portion of the site is paved, a drainage system similar to that installed at University Square Shopping Center may be required. Commissioner Jordan asked if the Single-family residence will remain once commercial construction begins on the subject parcel. I Ms. Stephanie Volz indicated the house will remain as a single-family residence. Commissioner Vant Hull asked if there are any pending annexation requests for the property lying immediately east of the subject site along West Babcock Street. Planning Director Lere indicated there are not at this time. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Com- mission authorize and direct the staff to prepare a Resolution of intent to annex the subject property. The motion carried by the following Aye and No vote: those voting Aye being 08-20-84 314 Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Applications for Raffle Licenses - Committee for the Su~port of the Bozeman Centennial Mural _ September 20, 1984; request for waiver of fees for app Ications City Manager Wysocki presented to the Commission two applications for Raffle Licenses , along with the required fees, on behalf of the Committee for the Support of the Bozeman Cen- I tennial Mural, for a raffle to be held September 20, 1984. To be awarded in one raffle are a water color, framing job and charcoal drawing valued at $375.00; and to be awarded in the other raffle are one-half a processed beef, one-half a processed pork and a charcoal drawing valued at $425.00. City Manager Wysocki noted that the Committee requested that the fees for these raffles be waived. The City Manager then recommended that the Commission approve the applica- tions for the two raffles but deny the request for waiver of the fees. Commissioner Vant Hull noted both applications list the same dates and the same purpose and suggested this be considered as one raffle, rather than two, with only one fee assessed. Ms. Niki Glen stated the raffles are to raise monies for honorariums. She indicated the request for waiver of fees was submitted to provide the City an opportunity to participate in the effort, since financial contributions cannot be made to the project. She stated one artist has donated a large painting for the raffle; and a second raffle containing beef and pork was considered to attract two different audiences. She stated tickets for the raffles will be sold until dedication of the mural. Commissioner Mathre asked if there is any reason not to combine the two raffles, selling only one set of tickets with all prizes listed. Ms. Glen stated there is not; and they would be willing to have one set of tickets printed with all of the prizes listed. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the appl ications as one Raffle License, assessing the appropriate fee, for a raffle to be held on September 20, 1984. The motion carried by the following Aye and No vote: I those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Break - 5:00 to 5:12 p.m. Mayor Weaver declared a break at 5:00 p.m., to reconvene at 5:12 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Review of draft letter to railroad re repair of crossing on East Main Street City Manager Wysocki presented to the Commission a draft letter to the Burlington- Northern Railroad concerning repair of the railroad crossing on East Main Street. He noted Director of Public Service Holmes has suggested that the letter also address the railroad crossing on North Rouse Avenue and indicated the letter will be revised to include that cross- ing. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Com- mission authorize the Mayor to sign the revised letter to the Burlington-Northern Railroad concerning repair of the railroad crossings on East Main Street and North Rouse Avenue. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Acknowledge receipt of request for creation of 51 D's for Sapphire Subdivision I City Manager Wysocki presented to the Commission a request submitted by Gene Cook for creation of Special Improvement Districts for Sapphire Subdivision. Commissioner Vant Hull asked if the applicant has any delinquent SID's at the present time. The City Manager indicated the staff has not checked on any outstanding SID's involving the applicant but will do so prior to processing of the request. 08-20-84 315 It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission acknowledge receipt of the request for creation of Special Improvement Districts for Sapphire Subdivision submitted by Gene Cook, and refer it to staff for further action. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. I Discussion - attendance at Montana League of Cities and Towns Convention to be held in Great Falls on September 26-28, 1984 City Manager Wysocki presented to the Commission a tentative agenda for the Montana League of Cities and Towns Convention to be held in Great Falls on September 26 through 28, 1984. The City Manager stated motel reservations must be made as soon as possible, and registration forms must be submitted to the League office prior to September 7. He then requested that those interested in attending contact Clerk of the Commission Sullivan as soon as possible so she can complete the necessary arrangements. Discussion - Urban Coalition position on state lottery City Manager Wysocki stated that Commissioner Vant Hull had requested this item be placed on the agenda. Commissioner Vant Hull suggested that the Commission write a letter to the Urban Coalition reaffirming its opposition to organization support of the state lottery. She suggested that the Commission ask what the Coalition supports in the proposed lottery and how much revenues are anticipated for the cities. Commissioner Anderson noted that her statement that her vote on opposition reflected a 4-1 Commission vote is not reflected in the minutes of the Urban Coalition meeting. She also noted her vote was the only dissenting vote at the Urban Coalition. The Commissioner then suggested that each Commissioner write a letter, rather than the Commission writing a letter, I since Commissioner Jordan has not indicated opposition to a state lottery. Commissioner Jordan indicated he does not support or oppose a state lottery at this time. He noted his decision to support or oppose the issue will be based on the intended use of the state lottery. City Manager Wysocki cautioned the Commission to write the letter carefully so that if the lottery is approved, the City of Bozeman will not jeopardize an opportunity to receive a portion of those revenues. Mayor Weaver asked Commissioner Vant Hull to draft a letter for Commission review at next week's meeting. Ordinance No. 1167 - adopting the National Electrical Code, 1984 Edition and revising fee schedule City Manager Wysocki presented Ordinance No. 1167, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1167 AN ORDI NANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTIONS 15.08.010,15.08.050 AND 15.08.110 OF THE BOZEMAN MUNICIPAL CODE, PROVIDING FOR THE ADOPTION OF THE 1984 EDITION OF THE NATIONAL ELECTRICAL CODE, REVISION OF THE FEE SCHEDULE AND WIRING SPECIFICATIONS FOR CERTAIN BUILDING CLASSIFICATIONS IN THE CITY OF BOZEMAN, MONTANA. The City Manager stated this Ordinance provides for revision of the method by which I fees are determined but does not -change the fee schedule. He then recommended that the Commission provisionally adopt the Ordinance and set the public hearing date for September 17, 1984. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission provisionally adopt Ordinance No. 1167, adopting the National Electrical Code, 1984 Edition, and revising the fee schedule, and set the public hearing date for September 17, 1984. The motion carried by the following Aye and No vote: those voting Aye being Commissioner 08-20~84 31G Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Acknowledge receipt and discussion of water and sewer rate study submitted by CH2M-Hill/ Kerin and Associates City Manager Wysocki presented to the Commission information compiled by Commissioner Vant Hull following her discussion of the water rates with the consultants on Tuesday morning. I He then noted the Commission has not acknowledged receipt of the final copy of the water and sewer rate study submitted by CH2M-Hill/ Kerin and Associates and recommended that they do so at this time. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission acknowledge receipt of the water and sewer rate study submitted by CH2M-Hill/Kerin and Associates. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. The City Manager noted the next item on the agenda is a request for authorization to proceed with negotiations with a consultant to submit the proposed water rate increase to the Public Service Commission as well as retaining outside counsel for the process. Commissioner Anderson asked if the concerns expressed by Helen Ritchey at last week's meeting have been considered. The City Manager stated the staff has not addressed the matter. He indicated he is not certain the questions she raised could be accommodated in the proposed water rates because not all multi-fami Iy units are strictly rental units, but may be owner-occupied. Mayor Weaver noted the water rates are based on classes of users and cost of service; and the financial position of individuals cannot be considered. The Mayor then stated one of the critical items in the basis for the fee structure is peak times for water consumption; and there appears to be little data base for those projections. He noted that will be an important consideration before the PCS and expressed concern that the projections are based on assumptions I rather than an actual data base. Commissioner Vant Hull noted the information she had submitted for Commission review included a listing of the water bills for a single-family residence for the period February 1982 through November 1983. She noted that list indicates there have been times during the past two summers when the cost for irrigation has been higher than the average water bill. Mayor Weaver asked if this listing is for Commission information or is a grievance. Commissioner Vant Hull indicated it is both. City Manager Wysocki stated he will submit this information to the staff for review. submittal of roposed water City Manager Wysocki recommended that the Commission authorize and direct the staff to negotiate with consultants concerning submittal of the proposed water rates to the Public Service Commission, and to negotiate with outside counsel to represent the Cit.y during this process. He noted that presentation of the proposed rates to the PSC wi II be the second phase of the water study; and the City should retain a consultant who is familiar with the City and the proposed rate structure. He also noted the staff has suggested that the outside counsel used previously be retained if possible. The City Manager then stated the staff will submit its recommendations to the Commission as soon as possible. Mayor Weaver asked if there are monies in the budget to cover the costs of these items. The City Manager indicated there should be adequate monies in the budget. I It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis- sion authorize and direct the staff to negotiate with consultants and outside counsel for sub- mittal of the proposed water rates to the Public Service Commission, with the proposals to be submitted to the Commission as soon as possible. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. 08-20-84 317 Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A copy of the Complaint filed by Edmund P. Sedivy, Sr., and Lois M. Sedivy against the City of Bozeman, Gallatin County and Department of Highways concerning access to their property located on Kagy Boulevard. I (2) Commissioner Vant Hull noted the minutes from the meeting of August 13, 1984 indi- cated discussion about having the Friends of the Pool submit an update on their activities. She suggested that the Commission request that the group appear at a meeting in the near future to discuss this matter. Mayor Weaver requested that Commissioner Anderson contact members of the group and that an agenda item be set as soon as possible for an update from the Friends of the Pool. (3) Commissioner Jordan stated the Committee on Hazardous Materials met last week and agreed a resolution should be prepared on the matter. He noted they also agreed a letter should be directed to the Governor requesting that legislation be implemented so that cities can pre- pare policies on the matter. The Commissioner stated the Committee had also discussed the possi- bility of contacting the County Commissioners and other city and town officials to see if they would like to sign the letter to the Governor, but they need Commission authorization prior to proceeding. Mayor Weaver suggested that the Committee prepare a draft letter, possibly after contact- ing officials in Helena, for Commission review. Commissioner Anderson noted Assistant City Manager Barrick has prepared a draft Resolution for review by the Committee. She also noted a public forum would be beneficial. (4) City Manager Wysocki stated the Commission received copies of a memo concerning compromise legislation on cable television franchising at last Friday's special meeting. He noted Commissioner Mathre is to prepare a draft letter to Montana legislators concerning the legisla- tion. I Claims City Manager Wysocki stated that Commissioner Vant Hull had requested this item be removed from the Consent Items. Commissioner Vant Hull noted one of the claims submitted for payment is from Park County for fire protection in the amount of $325.40. She questioned why the City would receive this bi II. Commissioner Mathre stated this is an annual assessment for fire protection for that portion of the Mystic Lake watershed lying in Park County. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the claims as submitted and authorize the payment of the claims. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commis- sioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Consent I terns Items. 22, 1984, for 1984 Seal Coat 1984 Seal Coat I Norman It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Com- mission approve the items as listed above, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. 08-20-84 318 Recess - 6:00 p.m. Mayor Weaver turned the gavel over to Mayor Pro Tempore Mathre to conduct the scheduled public hearings at 7:00 p.m., as he had other City business at another location. The Mayor then declared a recess at 6:00 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings and completing the routine business items. Reconvene - 7:00 p.m. I Mayor Pro Tempore Mathre reconvened the meeting at 7:00 p.m., for the purpose of con- ducting the scheduled public hearings and completing the routine business items. Public hearing - Conditional Use Permit - Michael Rodrique - allow construction of a liqht industrial rental building on Lot 7 A, Bomont Center SubdivisIOn (1407 Gold Avenue) This was the time and place set for the hearing on the Conditional Use Permit requested by Michael Rodrique to allow construction of a light industrial rental building on Lot 7A of the Bomont Center Subdivision. This site is more commonly known as 1407 Gold Avenue. Mayor Pro Tempore Mathre opened the public hearing. Assistant Planner Marcia Elkins presented the Staff Report. She noted the proposal is to construct a light industrial complex in two phases. The first phase would include three units constructed along the northern property line; and the second phase would contain one building on the southeast portion of the lot, which would be completed in 1985. She noted no specific plans have been submitted for the fourth building, but it would be similar to the first three buildings. Ms. Elkins then reviewed the conditions for approval recommended by the Zoning Commission. She noted the Engineering Officer and applicant have compromised on widening of the driveway, and Condition No. 7 should be revised to reflect that change. Commissioner Vant Hull noted many of the projects located within this "T" designation seem to be routine and questioned if the zoning designation is appropriate. The Assistant Planner stated "T" designations have been adopted in various parts of the I city for various reasons. She noted this "T" designation was adopted because of a concern for high water tables, which create problems that must be addressed. She indicated she feels the "T" designation should remain on the area at this time. Commissioner Jordan asked why the large area is set aside for parking of large trucks. Assistant Planner Elkins stated the proposal is for construction of rental buildings, but no specific plans have been made at this time. Mike Rodrique, applicant, stated he concurs with all but two of the conditions rec- ommended by the Planning Staff and Zoning Commission. He noted Condition No. 2 requires paving of all the parking area, while his plans indicated gravel for that area which would be utilized for parking of large trucks. Mr. Rodrique stated he does not have any tenants for his new rental buildings; but about half of the tenants in the buildings on the adjacent lot are owners of large trucks and trailers; and they would like an area to park and work on their units. He noted those trailers are occasionally parked on the street at this time, which creates problems. The applicant noted it is expensive to pave the entire area, particularly when it will be utilized on an occasional basis by these long-haul drivers. He also noted the pads on the trailers often sink through asphalt, particularly during the summer. Mr. Rodrique stated he would prefer to provide a gravel area, properly graded and drained, which could withstand the pressu re created by the trai ler pads. He then stated if this portion of the parking area were changed from its use for parking of large trucks and trailers, he would pave that portion also. Mr. Rodrique then noted Condition No. 9 requires that all easements be shown and vacated if necessary. He stated all Montana Power and Mountain Bell easements for the five lots he owns I in that area were changed; and the paperwork was submitted to the City as a part of the first Conditional Use Permit he requested. He noted he was required to complete the process again for the second and third Conditional Use Permits. He noted those easements were properly vacated on all five lots approximately five years ago, when the first CUP was considered. Mayor Pro Tempore Mathre asked Mr. Rodrique if he has the information on vacation of those easements. The appl icant indicated he kept copies of the papers. 08-20-84 319 Commissioner Vant Hull asked if the applicant should submit his request to remove the paving requirement on a portion of the parking lot to the Board of Adjustment. Assistant Planner Elkins stated that would be the proper action, since the Zone Code requires that all off-street parking lots be paved. No one was present to speak in opposition to the granting of the Conditional Use Permit. Mayor Pro Tempore Mathre closed the public hearing. A decision will be forthcoming in I one week. Continued public hearing - Conditional Use Permit - Tom Cotton - allow construction of a new restaurant on Lots 1 and 2, West Mam Business Plaza, Triangle Area Annexation (503 Professional Drive) This was the time and place set for the continuance of the public hearing for a Con- ditional Use Permit requested by Tom Cotton to allow construction of a new restaurant on Lots 1 and 2 of the West Main Business Plaza, Triangle Area Annexation. This site is more commonly known as 503 Professional Drive. Mayor Pro Tempore Mathre opened the public hearing. Assistant Planner Marcia Elkins presented the Staff Report. She stated this parcel is also located in a "T" designation, which was adopted because this area of commercial development encroaches upon an existing residential neighborhood to the east. She noted no sidewalks are provided in the plans; but review of development in the area indicates no sidewalks have been installed or required. The Assistant Planner then reviewed the conditions for approval recommended by the Planning Staff and Zoning Commission. Commissioner Anderson asked if the Planning staff will review the aesthetics and design of the sign. Assistant Planner Elkins stated the staff is more concerned about the height on the sign than the aesthetics. Commissioner Jordan noted traffic impact in the area has not been addressed in this issue, I indicating he feels it should be. The Assistant Planner stated the Planning staff reviewed the matter but could not deter- mine any provisions that could be made on this CUP to address the issue. She noted the traffic impact should be addressed during the subdivision process, rather than during this process. Commissioner Jordan stated he feels all development in that area should be required to pay a fee, which could be placed in an account for future installation of a traffic signal, with approval from the State Highway Department. Mayor Pro Tempore Mathre suggested that an SID might be created for installation of a traffic signal if it is determined necessary to address traffic problems in that immediate area. City Manager Wysocki noted the Highway Department has indicated that traffic signals in that area could create more safety problems than they would solve with the change from a two-lane format to a four-lane format. Mr. Corbin Ross, Architect representing the applicant, stated the appl icant agrees to the conditions recommended by the Planning Staff and Zoning Commission except for Condition No.5, which indicates that the proposed landscaping in the parking lot area does not meet the intent of the Zone Code. He stated the proposed landscaping fits the proposed piece of property; and the 200-square-foot area provided in the Zone Code makes landscaping difficult. Mr. Ross indicated he agrees there is a traffic problem in that area, but the problem should be addressed while considering the entire area, not one small development. Commissioner Anderson asked what type of sign will be installed. Mr. Ross stated the sign will be the standard Perkin's sign, which is an orange and brown I oval sign. No one was present to speak in opposition to the granting of the Conditional Use Permit. Mayor Pro Tempore Mathre closed the public hearing. A decision will be forthcoming in one week. Work session - Budget for FY1984-85; Tentative Appropriation Ordinance for FY1984-85; Comm iss Ion Resolution No. 2517 - Intent to exceed certi fled mi II levy City Manager Wysocki stated a work session was listed on the agenda because it was 08-20-84 320 prepared prior to last Friday's special meeting. He noted the work session was completed during the special meeting and recommended that the Commission consider adoption of the Tenta- tive Appropriation Ordinance and Commission Resolution No. 2517. City Manager Wysocki then presented to the Commission the Tentative Appropriation Ordinance for Fiscal Year 1984-85, entitled: TENTATIVE APPROPRIATION ORDINANCE AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING I CITY FUNDS FOR VARIOUS BUDGET UNIT EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY TO OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, OPERATING AND CAPITAL FOR EACH OPERATIONAL BUDGET UNIT OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENOl NG JUNE 30; 1985. The City Manager reviewed the changes which the Commission had indicated during the work sessions. Commissioner Mathre noted the County Commission has budgeted $6,000 for recreation; and the amount of the County1s Revenue Sharing contribution to the Library is slightly higher than anticipated. She asked if those items should be revised in the Tentative Appropriation Ordinance. City Manager Wysocki stated at the time the City Manager's recommendations were pre- pared, the staff did not know how much those contributions would be and could not budget them. He stated the monies will be deposited in the General Fund; and if a budget amendment is necessary to cover expenditures in one of those budgets; it can be transferred at some time during the fiscal year. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission adopt the Tentative Appropriation Ordinance and set the public hearing date for September 4, 1984. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull; Commissioner Anderson, Commissioner Jordan and Mayor Pro Tempore Mathre; those voting No, none. City Manager Wysocki then presented Commission Resolution No. 2517, entitled: I COMMISSION RESOLUTION NO. 2517 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ITS INTENTION TO EXCEED THE CERTIFIED MILL LEVY FOR FI SCAL YEAR 1984-85. The City Manager recommended that the Commission adopt Commission Resolution No. 2517, which is required by law if the City anticipates exceeding the certified mill levy. City Attorney Crumbaker-Smith stated the County Assessor has submitted a certified mill levy of 65 mi lis, which is the statutory mi II levy for the General Fund. She noted the State Statute also provides a table for calculation of the mill levy, which provides a result very close to the 65-mill limit. She noted approximately nine additional mills are needed to fund the Tentative Appropriation Ordinance just adopted. Commissioner Mathre noted former Director of Finance Swan indicated that at some point in the future if the taxable value continues to increase, the City will be required to levy only 65 mills for the General Fund. The City Attorney stated if the mill value increases to the point that 65 mills provide funding equal to 105 percent of the previous budget, the City must return to the 65-mill limit. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis- sion adopt Commission Resolution No. 2517; stating the City's intention to exceed the certified mill levy, and set the public hearing date for September 4; 1984. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Vant Hull and Mayor Pro Tempore Mathre; those voting No, none. I Adjournment - 7:50 p.m. There being no further business to come before the Commission at this time; it was moved by Commissioner Jordan, 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 08-20-84 321 Jordan, Commissioner Vant Hull, Commissioner Anderson and Mayor Pro Tempore Mathre; those voting No, none. KENNETH L. WEAVER, Mayor ATTEST: I Clerk of the Commission , I I 08-20-84