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HomeMy WebLinkAbout1984-09-04 329 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA September 4, 1984 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 4, 1984, at 4:00 p.m. Present were Mayor Weaver, Commissioner I Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager Wysocki, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. The minutes of the regular meeting of August 27, 1984 were approved as amended. None of the Commissioners requested that the Consent Item be removed for discussion. Request from Stephan Custer for Commission support re DNRC Water Development Program grant City Manager Wysocki stated the Commission had received a memo from Stephan Custer, Professor in the Department of Earth Sciences at MSU, in the "FYI" items last week. He noted the Commission had requested it be placed on the agenda for discussion at this week's meeting. Mr. Steve Custer stated he is an advocate of the use of groundwater as an alternative water supply. He stated use of monies available through the DNRC will provide funding for exploration of channels along Sourdough Creek and the Bozeman Creek fan to determine if groundwater is an alternative source in the area. Mr. Custer indicated he submitted his proposal with no letters of support; and he has received a call indicating the application is a good one but needs those letters of support at this time. He stated he has submitted his presentation to the County Commission and will submit it to other groups, such as the Gallatin Conservation District, developers, realtors and possibly the Homebuilders' Association. Steve Custer stated the DNRC has placed a $100,000.00 ceiling on funding of any proposals, which is $14,000.00 less than the budget for his two-year project. He noted a $6,000.00 infla- I tion contingency was included in that amount, which could be eliminated. He then requested that the Commission consider writing a letter of support and/or monetary support for this project. Commissioner Vant Hull asked where the wells will be drilled if this application is approved. Mr. Custer indicated they will be drilled basically in the center of the Bozeman Creek fan, which is between South Third Avenue and South Nineteenth Avenue close to Patterson Road. Commissioner Vant Hull then asked if MSU might help fund the shortfall for this project. Mr. Custer indicated that MSU might help with funding. He noted MSU has indicated it will require a 20-percent overhead charge, rather than the usual 40-percent charge. He stated that cannot be decreased under the State Statutes. Commissioner Vant Hull expressed concern that if MSU drills wells rather than utilizing the City water supply, it could affect the water rate structure. Steve Custer stated he feels if wells are drilled, they will be utilized for irrigation only. He also noted that use of wells would be implemented over a period of time and should not dramatically affect the City's water rate structure. Commissioner Anderson asked if the listing of data completed by Dave Donohue will be helpful in this study. Mr. Custer indicated he feels it will be helpful. He stated that if a letter of support is I approved, the indication that the Commission has appropriated monies for a water inventory and gathered data on surface water and groundwater in the immediate area will show there is interest in the project. City Manager Wysocki reminded the Commission that Mr. Custer's application may be in direct competition with the City's application for grant monies to protect the Lyman Creek water source. He also indicated the collection of data on water recently completed by Dave Donohue cost approximately $1,900.00; and the balance of the monies budgeted for that item have been rebudgeted in the Fiscal Year 1984-85 budget. The City Manager stated he feels support of the 09-04-84 330 Lyman Creek proposal should have first priority; but the Commission could support funding of Mr. Custer's proposal as well. Commissioner Mathre stated she feels the Commission should submit a letter of support for Steve Custer's appl ication. She then indicated hesitance at providing financial support and stated she will not support the possible commitment of monies from the Fiscal Year 1985-86 budget for this item. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the I Commission submit a letter of support to the Department of Natural Resources and Conservation for Stephan Custer's proposal, indicating the City's priority for its application on the Lyman Creek water source. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. It was moved by Commissioner Anderson that the Commission indicate in the letter its intent to appropriate $1,000.00 toward the funding of Stephan Custer's application during this fiscal year if three other agencies match that amount, with an additional $1,000.00 appropriation to be considered during next year's budgeting process. The motion died for the lack of a second. It was moved by Commissioner Vant Hull that the Commission direct the City Manager to write a letter to the Department of Natural Resources and Conservation indicating that the Commission will seriously consider appropriating $1,000.00 in next year's budget for partial funding of Stephan Custer's proposal. The motion died for the lack of a second. It was moved by Commissioner Anderson, seconded by Commissioner Vant Hull, that the Commission authorize and direct the City Manager to write a letter to the Department of Natural Resources and Conservation indicating that the Commission will consider the commitment of up to $2,000.00 in next year's budget for partial funding of Stephan Custer's proposal. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Vant Hull and Mayor Weaver; those voting No being Commissioner Mathre and Commissioner Jordan. I Discussion - letters to legislators re pending anti-trust legislation City Manager Wysocki stated that Commissioner Anderson had requested this item be placed on the agenda. Commissioner Anderson stated Senate Bill No. 1578 will be acted upon by the U.S. Congress in the near future. She then suggested that each Commissioner write or telephone Senators Max Baucus and John Melcher indicating support for the bill. Mayor Weaver indicated he has sent letters to those two individuals and received re- sponses on this item. He then suggested that Commissioner Anderson review the letters and bring the item back for discussion if she feels additional action should be taken. Review of draft letter to Urban Coalition re position on State lottery City Manager Wysocki presented to the Commission a draft letter to the Urban Coalition concerning the Commission's position on the State lottery, as prepared by Mayor Weaver. Commissioner Anderson stated she feels Item No.4 should be eliminated. The Com- missioners concurred that the item should be eliminated. Mayor Weaver indicated he will sign the letter if a majority of the Commission approves it; but he feels this item should be submitted to the Urban Coalition through the City's repre- sentation in that group. It was moved by Commissioner Anderson, seconded by Commissioner Vant Hull, that the Commission authorize and direct the Mayor to sign the revised draft letter to the Urban Coali- I tion. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Anderson, Commissioner Vant Hull and Commissioner Mathre; those voting No being Commissioner Jordan and Mayor Weaver. Discussion - proposed amendment to annexation policy - re water rights City Manager Wysocki presented to the Commission a revised amendment to the annexation 09-04-84 331 pol icy concerning water rights and payments in lieu. The Commission concurred that the revised amendment addresses their concerns. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission approve the amendment to the annexation policy concerning water rights as submitted and that it be brought back in Commission Resolution form as soon as possible. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commis- I sioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Break - 4:50 to 4:55 p.m. Mayor Weaver declared a break at 4:50 p.m., to reconvene at 4:55 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Authorize City Manager to sign - contract for timber inventory for Mystic Lake watershed City Manager Wysocki presented to the Commission a memo concerning proposals for completion of a timber inventory in the Mystic Lake watershed. The City Manager stated the staff has reviewed the four proposals received, and recommend that the Commission authorize and direct the City Manager to sign the contract with Mr. Charles H. Hawkins, III, Rocky Mountain Forestry, White Sulphur Springs, Montana, in the revised amount of $8,486.00. City Manager Wysocki stated after the initial proposal was received, Director of Public Service Holmes and Mr. Hawkins reviewed the 5,200 acres in the watershed; and some acreages were eliminated because they cannot be worked due to the terrain. Mayor Weaver asked if a conservative estimate of the revenues from harvesting of the timber is available. The City Manager indicated that the City does not have current figures on the value of the timber on the City-owned land. He stated the Forest Service has indicated the City should clean up its properties because at this time they are becoming a hazard to the natural balance I of the forest. He noted an evaluation of the watershed will determine whether it is feasible to attempt to ha rvest the wood. Commissioner Vant Hull expressed concern that clear cutting methods might be proposed. She noted the water quality must be considered, and sedimentation of the streams must be avoided if possible. City Manager Wysocki stated a management plan is included in the proposal. He then indicated funding for the proposal is included in the Water Enterprise Fund and recommended that the Commission authorize him to proceed with this timber inventory. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission authorize and direct the City Manager to sign a contract with Mr. Charles H. Hawkins, III, Rocky Mountain Forestry, White Sulphur Springs, Montana, in the amount of $8,486.00 to complete a timber inventory for the Mystic Lake watershed. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Commission Resolution No. 2518 - garbage fees for Fiscal Year 1985 City Manager Wysocki presented Commission Resolution No. 2518, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2518 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL I REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE OF COLLECTING AND DISPOSING OF GARBAGE UNDER THE PROVISIONS OF ORDINANCE NO. 696 OF THE CITY OF BOZEMAN MUNICIPAL CODE. City Manager Wysocki indicated the base rate will increase from $52.00 to $57.00 per year and reviewed the percentage of increase for various sized structures. He indicated no change has been proposed in the $45.00 minimum for hardship cases. The City Manager stated the proposed increase will generate sufficient revenues to cover operations costs and fund the 09-04-84 332 replacement of existing equipment H . e noted that 'h automated truck and containers on a trial basis. m/g t also include a one-year lease of One Commissioner Vant Hull stated to $35.00. she feels the minimum for hardship cases sh Id b ou e lowered , Commissioner Mathre stated the staff indicated t portIOn of the garbage assessment due to hardshi hat, no applications for abatement of a about t,QSylOFO~~'El,. Wo&~ f8U~~e9 p were filed last year, although several asked I ssessments are supported brat and one group should not be asked to s b 'd' Y e payers rather than taxpayers; u Sl Ize another group. It was moved by Commissioner Vant Hull that the Co '. , Resolution No. 2518. revising Section 4 t d $ mmlsslon provIsionally adopt Commission o rea 35.00 for hardsh' hearing date for September 24 1984 Th .. Ip cases, and set the public , , ,. e motion died for the lack of a second Commissioner Jordan asked how those parts of the Cit t . obtain the City service rather th' , Y no currently on City service can an private service. City Manager Wysocki indicated the residents withi the City. n an area must submit a petition to Commissioner Jordan then asked if th G past year. e eneral Fund has subsidized this fund during the The City Manager indicated the General Fund subsidized of $6,353.27 this past year. the Garbage Fund in the amount It was moved by Commissioner And " . . erson, seconded by Commissioner Jordan, that the Commission provIsionally adopt Commission Resolution No 2518 I ' , . .. evymg and assessmg garbage assessments for Fiscal Year 1985, and set the public hearing date for September 24, 1984. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No being Commissioner Vant Hull. Commission Resolution No. 2519 - landfill fees for Fiscal Year 1985 City Manager Wysocki presented Commission Resolution No. 2519, as reviewed by the I City Attorney, entitled: COMMISSION RESOLUTION NO. 2519 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A REVISED LANDFILL FEE SCHEDULE FOR USERS OF THE CITY OF BOZEMAN LANDFILL. City Manager Wysocki stated these revised fees are proposed to cover the operational costs of the landfill. He noted the General Fund subsidy this past fiscal year was approxi- mately $22,000.00. Commissioner Jordan questioned the matrix for dead animals and suggested that it be revised, possibly to include a third step for middle-sized animals. Mayor Weaver stated concurrence in Commissioner Jordan's comments and requested that the staff review the fees and submit a justification for the proposal. Commissioner Jordan asked if the fees will generate sufficient revenues to provide fund- ing for purchase of a new landfill when necessary. Mayor Weaver noted this item should be placed on an agenda for discussion. He then requested that it be placed on the September 17 agenda. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the . Commission provisionally adopt Commission Resolution No. 2519, revising the landfill fee schedule, and set the public hearing date for September 24, 1984. 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 Commission Resolution No. 2520 - assessment of Lighting Districts for Fiscal Year 1985 City Manager Wysocki presented Commission Resolution No. 2520, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2520 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, 09-04-84 333 LEVYING AND ASSESSING LIGHTING DISTRICT MAINTENANCE AND ELECTRICAL CURRENT COST FOR SPECIAL IMPROVEMENT LIGHTING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4328 TH ROUGH 7-12-4330 AND 7-12-4332 TH ROUGH 7-12-4333, M.C.A. City Manager Wysocki stated these assessments reflect actual operational costs during the past year. I It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission provisionally adopt Commission Resolution No. 2520, levying and assessing Lighting District costs, and set the public hearing date for September 24, 1984. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Commission Resolution No. 2521 - assessment of Sprinkling Districts for Fiscal Year 1985 City Manager Wysocki presented Commission Resolution No. 2521, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2521 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING SPRINKLING DISTRICT MAINTENANCE COST FOR SPECIAL IMPROVEMENT SPRINKLING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4401 THROUGH 7-12-4429, M.C.A. City Manager Wysocki stated these assessments reflect actual vehicle and manhour costs during the past year. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission provisionally adopt Commission Resolution No. 2521, levying and assessing Sprinkling District assessments, and set the public hearing date for September 24, 1984. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, I Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. Discussion - FY I items City Manager Wysocki presented to the Commission the following "For Your Information" items: (1) A copy of a news article from the Butte Standard, as submitted by a local citizen, concerning joint meetings between the School District, County and City officials in an attempt to reduce the tax burden on property owners. (2) A revised application for City park reservations, indicating the City policy that the parks are not to be used for private gain unless specifically approved by the Commission. The City Manager requested this be placed on next week's agenda for discussion. (3) A copy of a news article in the Great Falls Tribune concerning state lotteries, as submitted by Commissioner Mathre. (4) Weekly construction reports, as submitted by Thomas, Dean and Hoskins, Inc., for the water system improvements. (5) A copy of a thank you letter from Darlinton Manor for completion of an asphalt walkway along North Fifth Avenue from their residence to Tamarack Avenue. (6) A copy of a City Manager evaluation form, as submitted by Commissioner Mathre. Commissioner Mathre indicated she feels this item should be placed on next week's agenda for discussion of the evaluation method to be utilized. I (7) A copy of the draft fire service agreement with MSU, along with the draft Memo- randum of Understanding. The City Manager indicated the City Attorney has not reviewed these documents. He also stated he feels these should be placed on next week's agenda for discussion. (8) An editorial from the Billings Gazette reporting efforts of citizens to provide local services, as submitted by Commissioner Anderson. " 09-04-84 33lt Consent Item City Manager Wysocki presented to the Commission the following Consent Item. Claims It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Claims be approved as presented and ordered paid. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. I Recess - 5:30 p.m. Mayor Weaver declared a recess at 5: 30 p. m., to reconvene at 7: 00 p. m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Weaver reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Public hearing - CDBG application This was the time and place set for the public hearing on the completed Community Development Block Grant application. Mayor Weaver opened the public hearing. Mr. Mike Ross, Housing Development Associates, submitted the completed Community Development Block Grant application to the Commission. He noted a few changes have been made to the application since the draft was presented to the Commission two weeks ago. He noted the map for the target area has been reduced by one block along the south and east edges, with the boundaries now being basically along Broadway Avenue, Avocado Street, Peach Street, North Third Avenue, and Mendenhall Street with a jog to Olive Street in the center of the area. He noted this change in boundaries does not affect the amount of substandard housing or percentage of low-income persons within the target area. Mr. Ross stated the target area I size was decreased in this application to make a more competitive application. Mr. Ross then reviewed the various elements included in the application. He noted the Department of Commerce has indicated the City will receive 24 units of Section a Rental Rehab- ilitation monies rather than 20 units, as previously indicated. Also, the Human Resource Development Council has committed monies for weatherization to be used in conjunction with CDBG and/or Section 8 monies. He also noted the Beall Park handicapped access has been included in the application. Mr. Wayne Jennings, member of the Citizens Advisory Committee for the CDBG application, stated the committee discussed this application at its last meeting; and the committee does support the application as submitted to the Commission at this time. Mr. Jeff Rupp, Director of the Human Resources Development Counci I, expressed support for the application. He noted it addresses the low-income housing needs in Bozeman and may help to alleviate the la-month waiting list currently existing in his office. Commissioner Anderson asked if transitional housing has been considered in preparation of this application. Ms. Marcia Youngman, City Housing Consultant, stated she is currently working on acquisition of an affordable unit for transitional housing. She noted no firm commitment has been made and cannot be accomplished prior to the CDSG deadline. She indicated if a structure is acquired, CDBG monies can be utilized for rehabilitation, although it is not specifically listed in the application. She noted the need for transitional housing is indicated within the appli- cation. I Ms. Youngman then stated she has received several calls indicating support for the application as presented, although said persons are not present at this meeting. No one was present to speak in opposition to the Community Development Block Grant appl ication as su bmi tted . Mayor Weaver closed the public hearing. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the . Commission approve the application for Community Development Block Grant monies in the amount 09-04-84 ~~ . 335 of $400,000.00, as presented. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commis- sioner Jordan and Mayor Weaver; those voting No, none. Commission Resolution No. 2522 - authorization of the submittal of the CDBG application City Manager Wysocki presented Commission Resolution No. 2522, as reviewed by the I City Attorney, entitled: COMMISSION RESOLUTION NO. 2522 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE SUBMISSION OF A COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION TO THE MONTANA DEPARTMENT OF COMMERCE. City Manager Wysocki recommended that the Commission adopt this Resolution, authoriz- ing submittal of the Community Development Block Grant application to the State of Montana Department of Commerce. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission adopt Commission Resolution No. 2522, authorizing submittal of the CDBG applica- tion. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Vant Hull, Commissioner Anderson, Commissioner Jordan, tommissioner Mathre and Mayor Weaver; those voting No, none. Commission Resolution No. 2523 - stipulation of the use of CDBG monies City Manager Wysocki presented Commission Resolution No. 2523, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2523 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, STIPULATING THE USE OF ANTICIPATED PROGRAM INCOME FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. I City Manager Wysocki recommended that the Commission adopt this Resolution. stipulating that the CDBG monies will be utilized within the target area. I t was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission adopt Commission Resolution No. 2523, stipulating that the CDBG monies will be utilized within the target area. 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. This was the time and place set for the public hearing on the Conditional Use Permit requested by Dan Ranieri to allow construction of a shop building on Lot 22C, amended plat of Lot 15, Gordon Mandeville State School Section Subdivision. This site is more commonly known as 2212 Lea Avenue. Mayor Weaver opened the public hearing. Planning Director Steve Lere presented the Staff Report. He noted this Conditional Use Permit would allow construction of a 30-foot by 78-foot metal-sided structure on the southeast corner of the intersection of Lea Avenue and Meadow Way, to be used as a shop building. He stated the subject site is located in an M-2- T district. The Planning Director stated the Zoning Commission expressed concern about traffic circulation and snow removal on the site; and the I plan has been revised to address those problems. Planning Director Lere then stated the Zoning Commission recommended approval of the Conditional Use Permit, subject to ten conditions. Mr. Dan Ranieri. applicant. stated one side of the structure will be used for light automotive repair; and the other side will be used as a cabinet shop. He then indicated he has been waiting one month to begin construction to complete this process and would like to begin construction this week if possible, due to the cooler weather which is beginning to set in. No one was present to speak in opposition to the granting of the Conditional Use Permit. Mayor Weaver closed the public hearing. 09-04-84 33() It was moved by Commissioner Vant Hull that the Commission waive the customary one-week waiting period due to the approach of inclement weather and since no protests were received. The motion died for the lack of a second. A decision will be forthcoming in one week. Public hearin Per 't - D K II f T ml an enea or own Pump allow convenience store at 2607 This was the time and place set for the public hearing on the Conditional Use Permit I requested by Dan Keneally for Town Pump to allow construction of a convenience store at 2607 West Main Street. Mayor Weaver opened the public hearing. , Assistant Planner Marcia Elkins presented the Staff Report. She stated the subject site IS currently occupied by a Town Pump gas station and is located in a "T" district. She then reviewed the site plan as submitted, noting the appl icant proposes to maintain the existing pumps and canopy, as well as installing additional pumps and extending the canopy. She noted the existing structures would be removed from the site' and a 2 880 ft. , , -square- 00 convenience store would be constructed. Ms. Elkins stated the proposed use would upgrade the site. The Assistant Planner: stated the staff and Zoning Commission had several concerns about the proposed site plan, and reviewed those concerns individually, which were mainly about landscaping and traffic circulation on the site. She then reviewed the seventeen conditions recommended by the Zoning Commission for approval of the Conditional Use Permit, stating those conditions address the concerns which had been raised. Commissioner Anderson asked if groundwater contamination is a problem at this time. Assistant Planner Elkins stated the applicant proposes to replace the gasoline storage tanks, which should alleviate any problems. She noted at this time there does not appear to be any great groundwater contamination, although there are inherent problems with underground storage tanks. Commissioner Vant Hull asked if the new structure would be on City water and sewer services. I The Assistant Planner indicated it will be on City services. Commissioner Jordan stated the proposed traffic circulation plan for the site is not adequate. He then asked if the applicant is proposing to place too much on too small a site. Assistant Planner Elkins stated she feels there is adequate space on the site if the items are properly arranged. She noted the applicant and Planning staff discussed this matter prior to their submittal of the application. Mayor Weaver noted the architect's seal has been lined out and asked if there is any question about his being properly licensed. Assistant Planner Elkins stated the architect has indicated the drawings he has submitted have been progress plans only; and he does not want his seal affixed to them. She noted the architect has indicated his seal will be affixed to the final site plan. Mr. Robert Milne, construction supervisor for Town Pump, stated he is representing the applicant. He stated the architect was to submit a site plan which would address all of the concerns except the amount of landscaping, but that has not been done. Mr. Milne stated the applicant agrees to all of the conditions listed except No.1, which requires that 75 percent of the required front yard setback be landscaped. He noted the plans indicate that 61 percent would be landscaped; and it would be difficult to increase that amount. He then stated tloae applicant wishes to maintain the existing canopy and pump islands because relocations costs are high. Mayor Weaver asked if the applicant has discussed the landscaping requirements with the Planning staff. I Assistant Planner Marcia Elkins stated the Planning staff has indicated the applicant may submit an application to the Board of Adjustment to decrease the amount of landscaping required in the front yard setback if he so desires. Mr. Milne then stated the applicant would like to begin construction as soon as possible since the weather will soon become inclement. 09-04-84 331 Commissioner Jordan stated he is very concerned about the traffic circulation problems on the site plan. He questioned whether the proposal to move a few parking spaces will elimi- nate those problems. Mayor Weaver stated the conditions recommended by the Zoning Commission would require that the Planning staff review and approve the site plan, while considering the concerns ex- pressed by the Commission. I Commissioner Jordan stated he would like to see the final site plan and act upon that plan, rather than approve the preliminary plan, which will probably be drastically changed to meet all of the conditions recommended by the Zoning Commission. Commissioner Vant Hull noted the site currently has a lot of weeds and asked if the shrubbery and grass will be maintained after they are planted. Mr. Milne stated the lease will contain the requirement that the person operating the store will be responsible for maintaining the landscaping on the site. Mayor Weaver stated concurrence in Commissioner Jordan's comments. He stated he is uncomfortable with sending this item back to staff with a decision for approval, subject to the conditions recommended by the Zoning Commission. City Manager Wysocki noted the Commission reviews the Conditional Use Permit application to be sure it meets the requirements of the Zone Code. He noted if the Planning staff receives an incomplete application which requires a large number of conditions for approval, it takes more time than necessary for processing. The City Manager indicated most of the Conditional Use Permit applications received by the Commission should contain two to four conditions for approval. . Mayor Weaver closed the public hearing. A decision will be forthcoming after the final site is submitted. Break - 7:55 to 8:05 p.m. Mayor Weaver declared a break at 7:55 p.m., to reconvene at 8:05 p.m., in accordance I with Commission policy established at their regular meeting of March 14, 1983. Public hearing (continued) - Conditional Use Permit - Dan Keneally for Town Pump - allow convenience store at 2607 West Main Street Mayor Weaver stated during the break he had discussed closing of this public hearing with various staff members. He noted that action may have been premature. City Manager Wysocki stated if the public hearing is continued rather than closed, no further advertising will be required. He also noted the process could probably be completed in a more expeditious manner if the public hearing is continued. Mayor Weaver stated the public hearing had been prematurely, inadvertently and mistakenly closed prior to final testimony on this issue. He then reopened the public hearing and con- tinued it indefinitely, until such time as the applicant submits a final site plan which is in compliance with the conditions recommended by the Zoning Commission. Mr. Milne asked when the revised site plan can be submitted to the Commission for consideration. City Manager Wysocki noted the next public hearing date will be September 17, 1984. He noted the continued public hearing can be reopened at that time if the applicant has sub- mitted the necessary information. Public hearin - Commission Resolution No. 2517 - intent to exceed certified mill lev for Fiscal ear 1984-85 I This was the time and place set for the public hearing on Commission Resolution No. 2517, entitled: 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 FISCAL YEAR 1984-85. Mayor Weaver opened the public hearing. 09-04-84 --- 338 City Manager Wysocki stated the staff has recommended that the certified mi II levy of 65 mills for the General Fund be exceeded for Fiscal Year 1984-85. He noted additional millage is required to generate sufficient revenues for the Tentative Appropriation Ordinance. which will be considered in the item listed below. No one was present to speak on the City's intention to exceed the certified mill levy for Fiscal Year 1984-85. Mayor Weaver closed the public hearing. He stated the Commission will consider adoption I of the Commission Resolution setting the mill levy for Fiscal Year 1984-85 at its regular meeting to be held on September 17, 1984. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission finally adopt Commission Resolution No. 2517, stating its intention to exceed the certified mill levy for Fiscal Year 1984-85. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull. Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Public hearin - Tentative A ro riation Ordinance for Fiscal Year 1984 85 This was the time and place set for the public hearing on the Tentative Appropriate Ordinance for Fiscal Year 1984-85. entitled: TENTATIVE APPROPRIATION ORDINANCE AN ORDINANCE OF THE CITY OF BOZEMAN. MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY TO OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES. OPERATIONS AND CAPITAL FOR EACH OPERA- TIONAL BUDGET UNIT OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1985. Mayor Weaver opened the public hearing. City Manager Wysocki stated the proposed All-Purpose General Fund total in the Tentative . '$3 657 255 00 which requires a 74.38 mill levy. He stated after Appropriation Ordmance IS , , . . . f the budget law in the State Statutes, the staff has determined that with the I careful review 0 b d d h' h r mill valuation and the 5-percent limit on the budget increase, the budget must e re uce b: $: 1 ,777 . 00, or 1. 5 mi II s, to meet the statuto ry req u i rements . He no ted that reduces the total for the General Fund to $3,625,478.00, or 72.88 mills. The City Manager then suggested that the following items be removed from the budget to fall within the statutory requirements: . - A- 7 - City Attorney - Operations - Contracted Services $18 400.00 f r' t. ) , (outside counselor Itlga Ion 7 425 00 - A-12 - Police - Salaries/Wages/ Benefits (three mont~sl , . salaries, wages and benefits for two new police officers) 98.00 - A-17 - City Hall Complex - Operations - Contracted Services 400 00 - A-27 - Cemetery - Operations - Oper~ting Sup~lies 351 : 00 - A-27 - Cemetery - Operations - Gasol me and 011 2 500 00 - A-28 - Library - Salaries/Wages/Benefits (three ~onth~' ) ,. salary, wages and benefits for reference librarian A-31 - Cit -County Planning transfer - Operations . 2,603.00 - (el~inate the transfer to the City-County Planning Department for this fiscal year) $31.777.00 TOTAL " Vant Hull noted this interpretation is different from the one which has I Commissioner been used when setting previous budgets. , , , City Manager Wysocki indicated he understands it is. However, thiS IS a conservative t' f the budget law' and he will seek a more definitive answer before the next interpreta Ion 0 , budgeting cycle begins. , k 'n support of or in opposition to the Tentative Appro- No one was present to spea I priation Ordinance, as submitted or as revised. Final adoption of the Appropriation Ordinance Mayor Weaver closed the public hearing. will be forthcoming on September 17, 1984. 09-04-84 339 Discussion - processing of Conditional Use Permit applications Commissioner Jordan stated he feels the Commission should inform the Planning staff what it expects when considering a Conditional Use Permit application. He stated the Planning staff has attempted to accommodate all applications in the past. However, he feels if the application is not complete and requires more than two to four conditions, in addition to the normal conditions attached to all applications, it should be returned to the applicant, to be I submitted when it is more complete. The Commissioner indicated he feels a policy should be established, to provide a guideline for the Planning staff. Mayor Weaver stated in the past the Commission has returned applications which it has felt were deficient. Commissioner Vant Hull stated she feels the Planning staff should reject those appli- cations which are incomplete or do not meet City requirements. She noted that direction should possibly be given to the Zoning Commission concerning incomplete applications also. Mayor Weaver stated the Commission wants to consider the final proprosal rather than a plan which may be substantially changed to meet all of the conditions placed on approval of a Conditional Use Permit. Adjournment - 8: 30 p. m. There being no further business to come before the Commission at this time, it was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor ATTEST: I Clerk of the Commission I 09-04-84