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HomeMy WebLinkAbout1982-07-06 053 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA July 6, 1982 ******************** The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, July 6, 1982 at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, Director of Finance Swan, City Attorney Planalp (for the first session of the meeting), Acting City Attorney Jim Kommers (for the second session of the meeting) and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Mathre. Action on the minutes of the regular meeting of June 28, 1982 was deferred for a period of one week. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Commissioner Mathre stated that Alec Hansen, Executive Di rector of the Montana League of Cities and Towns, would like to speak to the Commission on July 26 or August 2. She stated that she will be in Helena on Friday and will ask him which will be the best day for him to attend the Commission meeting. Request - renting of Lindley Park for Sweet Pea '82 City Manager Evans presented to the Commission a request on behalf of Sweet Pea 182 to rent Lindley Park for the period August 5-8, 1982. The City Manager noted that in the past there has been a legal question about whether or not Sweet Pea can collect the $2.00 fee for use of the park or not allow a person to use the park without a button. He stated that I no policy has been established on the rental of a park. City Attorney Planalp stated that the Commission should set guidelines for the lease of a park. He noted that the rental fee should be reasonable, and should cover the upkeep of the park. Mr. George Mattson, Sweet Pea 182, stated that they wish to have control of the park and be able to require those entering to pay the $2.00 fee for a button. He stated that they would like to have a pOlicy established that is satisfactory to both the City and Sweet Pea. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize the lease of Lindley Park to Sweet Pea 182 on August 5, 6 and 7, 1982 because the event meets the cuJtural and social needs of the community, and Instruct the City Manager to negotiate the rental fee, to cover the cost of upkeep and associated services with the park. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Discussion - proposal for designation of Tamarack Street as a "through street" City Manager Evans presented to the Commission a request to designate Tamarack Street a "through street" and to Install II No Parking This Side of the Street" signs along the north side of the street from Third Avenue to Seventh Avenue. The City Manager noted that the two blocks between Third Avenue and Fifth Avenue have been recently completed with a gravel surface. He stated that the requested no parking area would be an extension of the I no parking area which now exists from Rouse Avenue to Third Avenue on the north side of Tamarack Street. The City Manager recommended approval of the request submitted by the Police Chief and Street Superintendent. Commissioner Vant Hull stated she feels that the Pedestrian/Traffic Safety Committee should review the request prior to Commission action. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the request to designate Tamarack Street as a "through street" be referred to the Pedestrian/ Traffic Safety Committee for a recommendation to be made prior to action by the Commission. 07-06-82 051+ The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No being Commissioner Weaver. Continued discussion and Commission Resolution No. 2403 - intent to establish new rate schedule for landfill gate fees City Manager Evans presented Commission Resolution No. 2403, entitled: I COMMISSION RESOLUTION NO. 2403 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO ESTABLISH A REVISED LANDFILL FEE SCHEDULE FOR USERS OF THE CITY OF BOZEMAN'S LANDFI LL. City Manager Evans stated that at last week's meeting the fee schedule was discussed, and the staff was instructed to prepare a resolution of intention to revise the fee schedule, with a few modifications. Commissioner Weaver asked if the Staff is generally satisfied with the continuation of the present rate for smaller private vehicles. City Manager Evans stated that he does not favor setting the rate so high for smaller vehicles. He stated that he feels the rate should be lower at the present time, with the pos- sibility of raising that fee in the future. He noted that the elimination of the dump permit and the high fee for a private vehicle will discourage people from taking their own refuse to the landfill, which will lead to public health considerations. He stated that, on the other hand, the higher fee would discourage more use of the landfill. The City Manager noted that the main consideration is the recovery of costs. Mr. Vester Wilson, owner of Valley Sanitation and operator of the Logan Landfill, stated that he has no objections to the rate increase. He stated that anything government or private enterprise does should pay its own way. He asked if everything will have to pay its own way, including City garbage trucks and small passenger vehicles. He noted that it will I take as much time for a person at the landfill to handle the garbage from a small vehicle as it will from a packer truck. Mr. Wilson questioned the establishing of a new fee schedule now and then changing it again in 90 days. He noted that the problems created for the private companies would be tremendous with this type of change. Mr. Wilson stated that the proposed rates are comparable to the rates charged at the Logan Landfill. Commissioner Vant Hull asked if he expects people to use a commercial service rather than taking their refuse to the landfill. Mr. Wilson stated that he thinks the rate increase will help the commercial hauler. He noted that many people dump garbage in large commercial dumpsters so that they do not get charged for garbage collection. He stated that an ordinance is needed to help law enforce- ment in this area. He stated that currently the private haulers attempt to handle the problem themselves by finding names and addresses in the garbage. Commissioner Weaver asked about the City getting out of the garbage business. Mr. Wilson supports the idea. He noted that the two existing businesses could handle the garbage collection very well. He further noted that at one time the Logan Landfill was run by local government, at a cost of roughly twice what the private bid has been to maintain it. Commissioner Weaver asked if competition is needed to maintain a control on the price of garbage collection. Mr. Wilson stated that in Hamilton he owns the only garbage collection business, and the rates are lower than here. He stated that in Bozeman there are three collection agencies I duplicating efforts and covering the same area. Commissioner Vant Hull asked if the private hauler can maintain lower rates because of recycling. Mr. Wilson stated that recycling is more costly than worthwhile. He further noted that the Health Department has frowned on recycling at the landfill. He stated that recycling has been tried in Montana and has failed. 07-06-82 055 Commissioner Weaver noted concern about the commercial rates in the proposed fee schedu Ie. Mr. Wilson stated that he is not uncomfortable with the rates as long as they are spread evenly to everyone, Including the City garbage trucks. City Manager Evans stated that Mr. Wilson has a valid point. He noted that everyone should pay for the landfill operation. The City Manager noted that the garbage collection and I operation of the landfill are two separate and distinct functions and should stand separately. City Manager Evans stated that perhaps in the future the City could possibly let private enterprise run the operation, if they can prove that the operation can be run as efficiently as it can by government. The City Manager also noted the possibility of a City-County landfill, which would spread the costs evenly to those who use the landfill and eliminate the problem of people using commercial dumpsters. Commissioner Vant Hull noted that one of the reasons to raise the rates now and then raise them again later is that the City needs the base information that the proposed fee structure would give. Mr. Wilson noted that three months will not provide the necessary information. He stated that six months would be the minimum needed for the study. Mr. Wilson also stated that $4.50 for small vehicles is reasonable. He noted that most other landfills in Montana charge $5.00 for a pickup. Ms. Susie Haggerty, Convenience Sanitation, requested that the City determine what is residential and what Is commercial enterprise. She noted that the City is currently incon- sistent in what it does and does not service. Commissioner Weaver noted that the proposed fee structure would increase her firm's landfi II bill about $2,700.00 per month. He asked how many customers are represented. Ms. Haggerty stated that she services about 3,000 accounts. Mr. Wilson asked how much revenue has been generated each year through landfill assessments. I Director of Finance Swan stated that about $68,000.00 has been generated each year. However, a large portion of these assessments are delinquent because the people have not paid their Special Improvement District taxes; and the City cannot accept payment for only a portion of the tax bi II. Commissioner Mathre noted that the City's inability to collect delinquent SID's is appalling. She asked if there is a better way to collect these fees; perhaps on a monthly basis. City Manager Evans stated that the method of collecting fees could be changed. He stated that the City has placed the assessment on the Special Improvement District taxes because they can be placed as a lien against the property and be collected at the time the property is sold. If the assessment is placed on a utility bill, there is a chance that it may be written off if the bill goes delinquent. Mayor Stiff asked what the shortfall would be if a new rate schedule were adopted In 90 days, rather than having an interim rate for that 90-day period. Director of Finance Swan stated that, with the elimination of the annual assessment and the current landfill fee structure, the City would have a shortfall of $10,000.00 to $12,000.00 for a 90-day period. Commissioner Anderson suggested that a six-month period be used to gather information for a data base for a new landfill gate fee structure. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission adopt Commission Resolution No. 2403, stating the City's intent to establish a new I rate schedule for landfill gate fees, and set the public hearing date for July 19, 1982. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Request - permission to conduct bicycle race - Gallatin Valle c1e Club - Au ust 7, 1982 - 1 noon to 5 :00 p.m. City Manager Evans presented to the Commission a request on behalf of the Gallatin 07-06-82 056 Valley Bicycle Club for permission to conduct a bicycle race on August 7, 1982 between the hours of 12 noon and 5:00 p.m. The bicycle race is a part of the Sweet Pea '82 festivities and would be conducted on Babcock Street, Bozeman Avenue, Olive Street and Tracy Avenue. The City Manager noted that the Gallatin Valley Bicycle Club conducted a race last year during the Sweet Pea Festival on these same streets and recommended approval of the request. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the request from the Gallatin Valley Bicycle Club for permission to con- I duct a bicycle race on August 7, 1982 between the hours of 12 noon and 5:00 p.m. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Re uest - waiver of open container ordinance - TOI Theatres - July 25, 1982 - 8:00 a.m. to 6:00 p.m. - ogart Park City Manager Evans presented to the Commission a request on behalf of Theatre Opera- tors, Incorporated, for a waiver of the open container ordinance for a picnic to be held In Lindley Park on July 25, 1982 between the hours of 8:00 a.m. and 6:00 p.m. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the request on behalf of Theatre Operators, Incorporated, for a waiver of the open conta,iner ordinance for a picnic to be held in Lindley Park on July 25, 1982 between the hours of 8:00 a.m. and 6:00 p.m. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. er City Manager Evans presented to the Commission his request for permission to attend the Great Open Space City Manager Association (GOSCMA) Conference to be held in Billings, I Montana, on July 2931, 1982. The City Manager noted that GOSCMA conferences lead to pro- fessional development of the City Managers in a three-state area and provides an opportunity to discuss common problems. The City Manager stated that the estimated costs for this conference are $146.50. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request on behalf of City Manager Evans for permission to attend the Great Open Space City Manager Association (GOSCMA) Conference to be held in Billings, Montana on July 29-31, 1982 and, it being in the public Interest, his expenses be paid out of the appropriate fund. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Application for Beer License - The Wine Merchant, 118 East Main - July 1 - December 31, 1982 City Manager Evans presented to the Commission an application for a Beer License, along with the required fee, on behalf of The Wine Merchant, 118 East Main, for the period July 1 through December 31, 1982. The City Manager stated that a copy of the letter from the State, granting permission to sell beer is attached to the application and recommended that the Commission conditionally approve the application for a Beer License, contingent upon receipt of the State License. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the application for a Beer License on behalf of The Wine Merchant for the I period July 1 through December 31, 1982, for temporary authority to sell beer, and that The Wine Merchant be required to submit an application for a permanent Beer License following receipt of the permanent State License. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. 07-06-82 057 Acknowledge reports - Police Court monthly for January 1982 through May 1982 City Manager Evans stated that the monthly reports of the Police Court for January 1982 through May 1982 appeared to be In order and recommended that they be accepted. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission acknowledge the monthly reports of the Police Court for January 1982 through May 1982 and that they be brought back to the Commission next week for filing. T he mot ion I carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Claims Claims for the past two weeks were presented. The City Manager had checked the claims and found them to be true and correct and recommended that the Director of Finance be instructed to Issue warrants in payment thereof. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the claims be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Commission Resolution No. 2404 - vacation of 20-foot by 30-foot alley bordering on south line of Peach between Wallace and Ida City Manager Evans presented Commission Resolution No. 2404, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2404 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, VACATING A PORTION OF AN ALLEY LOCATED BETWEEN WALLACE STREET AND IDA STREET WITHIN THE CITY LIMITS OF THE CITY OF BOZEMAN. I It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission adopt Commission Resolution No. 2404, vacating a portion of an alley located between Wallace Street and Ida Street. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Recess - 5:25 p.m. Mayor Stiff declared a recess at 5:25 p.m., to reconvene at 7:00 p.m. for public in- terest items. Reconvene - 7:00 p.m. Mayor Stiff reconvened the Commission meeting at 7: 00 p. m. for the purpose of discussing items of public interest. Public hearing - proposed uses of Federal Revenue Sharinq Funds and the relationship thereof to the "City Manager's Estimate of Revenues ana~xpenOitures for FIscal Year 1982-83" This was the time and place set for a public hearing on the proposed uses of Federal Revenue Sharing Funds and the relationship thereof to the "City Manager's Estimate of Revenues and Expenditures for Fiscal Year 1982-83. II City Manager Evans stated that he held a public hearing on the use of Federal Revenue I Sharing Funds on Thursday, June 3, 1982, after which he prepared his recommendation for use of the Revenue Sharing Funds as follows: $459,330.00 for Police and Fire salaries and $83,034.00 for contingencies or emergencies during the next fiscal year. Mayor Stiff opened the public hearing. The Mayor noted that most of the testimony should be from the City Manager or from people speaking in support of or in opposition to the City Manager's recommendation for the use of the Federal Revenue Sharing Funds. 07-06-82 058 City Manager Evans stated that Revenue Sharing monies are granted to states, counties and cities from the Federal Government. He noted that, in compliance with federal regulations on budgeting and ensuing expenditures, it is necessary to hold public hearings on the use of the monies. The City Manager noted that he conducts a public hearing prior to preparation of his recommendation, and the Commission conducts a public hearing for input to the govern- ing body prior to their decision on the use of Revenue Sharing Funds. Dr. Ken Younger stated that a large number of people are present because they feel I that the swimming pool should be operational for the entire fiscal year. Mayor Stiff stated that the City's concern about the continued operation of the swimming pool Is strictly fiscal. He noted that retrofitting and capital Improvements are necessary. He stated that these are the most needed items for the continued use of the pool. Commissioner Weaver asked if Revenue Sharing monies could be used for retrofitting of the pool. City Manager Evans stated that the guidelines for use of the monies would allow for the retrofitting. He noted that specific requests for use of Revenue Sharing monies should be considered at this public hearing. He further noted that the public hearing on the Tentative Appropriation Ordinance will be July 19, at which time the Commission will consider requests for funding from general rather than specific sources. Dr. Younger stated that the group wants to make sure that the pool is on the Commis- sion's "want list. II He noted that the Commission can determine how to fund the continued operation of the pool. Mayor Stiff noted that City residents are bearing the costs of many facilities, including the library and swimming pool, while the County residents enjoy the facilities at very little or no expense. He further noted that retrofitting is necessary, so that an energy conservation program may be established to save maintenance costs. Ms. Susan Smiley stated that they realize that a number of people using the pool are from the County and noted that this has been discussed by the group. She stated that thei r group would like to help in any way possible. I Mayor Stiff noted that the installation of a bulkhead to make the swimming pool a better family center might be considered. Also, hot pools may help to make the swimming pool a more popular place. He stated that the City is not trying to make a. profit, but is trying to reach a break even point. Commissioner Weaver noted that the City has been interested in reducing costs. The Increasing of revenues should also considered. Mr. Dale Pickard noted that the pool is not the only City facility with an energy prob- lem. He noted that the pay back on the retrofit projects for the pool is good. Mr. Pickard also asked what the cost of maintaining a mothballed facility would be. He stated that energy costs would still be involved to keep the building from deteriorating. Mr. Dave Rutledge stated that the group would like to try to provide a solution so that the pool can remain open. He also noted that the group needs a point from which to s ta rt . Mayor Stiff noted that the pool has been marginally operated until recently, and the City is now trying to improve the situation. Commissioner Weaver noted that fixed and variable costs are involved in the operation of the pool. He noted the energy costs were $57,000.00, out of a total of $142,000.00 in costs for the past fiscal year. The Commissioner noted that to cut energy costs will require approximately $59,000.00 in retrofitting. He further stated that the pool currently as a shortfall of $70,000.00 between income and expenditures. Mr. Dave Rutledge asked the Commission for guidance in helping keep the pool open. I He further noted that if a definite closing date is set for the pool, the group would gain nothing by trying to help keep the pool open. He stated that the group wants a commitment from the City to keep the pool open for this fiscal year so they will have time to work on programs to keep the pool open in the future. Mr. Rutledge also requested that the Issue not be placed on the ballot in November. He stated that It is hard to be enthusiastic when you don't know if there is a reason to be. 07-06-82 059 Mayor Stiff noted that unanticipated costs have arisen with the pool. He suggested that a public/private partnership be established, rather than placing the matter before the voters. Mr. Paul Peterson noted that the basic presentation has been delayed until Monday, July 12. He suggested using Federal Revenue Sharing monies to save one of the finest facilities in Montana. He also noted that it costs money to go to the voters. He suggested I using those monies to help maintain the pool. He feels that the pool can remain open without the issue going back to the voters. He also noted that if the issue is placed on the ballot in November, the pool will still be shut down for a period because the monies will not be re- ceived in time to keep the pool open. Mayor Stiff noted that the Commission has learned about financial realities the hard way. He noted that during the discussion about the adult bookstore, statements of financial support were received. When the real costs were incurred by the City, about $500.00 in contributions was received to help defray those costs. Mrs. Sharon Cottrell stated that many people have come to the Swim Center for swim meets. These people contribute to the community through motel rooms, food and purchases. She also stated that contestants from Wyoming come to have their times established for swim meets. Ms. Susan Smiley noted that if the issue is placed on the ballot in November and fails, the pool will be drained. Within a year or two, the pool will deteriorate, and the City will be without a pool. Commissioner Vant Hull suggested that the Friends of the Pool contact the County and the School District and have a fund drive for those who live outside the city limits and do not pay for the bond issue and energy costs. Mr. Dale Pickard requested that the Commission allocate $59,000.00 in Revenue Sharing Funds to the retrofitting of the swimming pool. Within a few minutes he withdrew that request. Commissioner Mathre asked how many people present are county residents. About ten I people raised their hands. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Public hearing - vacation of portion of West Grant Street - east of South Willson Avenue, west of the old Milwaukee Railroad right-of-way This was the time and place set for a public hearing on the petition submitted by Kenneth J. and Lola I. Swenson and Phil Schneider for vacation of a portion of West Grant Street lying east of South Willson Avenue and west of the old Milwaukee Railroad rightofway. This portion of West Grant Street lies between the properties located at 1322 South Willson and 1402 South Wi IIson. Mayor Stiff opened the public hearing. Commissioner Weaver stated concern about vacating City property. He asked what conditions are set forth for the abandonment of property. City Manager Evans stated that, upon petition by the adjacent property owners, the Commission conducts a public hearing and makes a decision upon the vacation of a public rig ht-of-way . If the City determines it has no future use and if the property has not been used in the past, the vacation may be granted and the property will revert to the adjacent property owners. Acting City Attorney Kommers stated that vacation of an alley or street is discretionary with the Commission. Mr. Phil Schneider, 1402 South Willson, noted that the portion of Grant Street under I consideration is a gravel road that goes from South Willson Avenue to the railroad tracks. Mr. Schneider also stated that they submitted the petition to find out the status of the street. He also noted that the City does not maintain the street, and the property owners themselves have graveled the street. Commissioner Weaver asked if he Is as concerned about the character of future use of Grant Street as in acquiring title to the property. Mr. Schneider stated that he is. 07-06-82 060 Mr. Ken Swenson, 1322 South Willson, stated support of Mr. Schneider's comments. He then noted that the property owners had requested vacation of the street six or seven yea rs ago. At that time, they were told that Langohr Park was being planned; and it was suggested that they come back later with the proposed vacation. Commissioner Weaver asked Mr. Swenson if he would object to the use of that portion of West Grant Street as an access to the Milwaukee Railroad right-of-way if a linear park is developed. I Mr. Swenson stated that he would not object to an access as long as it is not a full- scale development of the street. He has heard that Mr. Henderson has proposed using the street as an access to his property. Mr. Swenson noted that he currently has two accesses to the property and does not need a third access. Mr. Carroll Henderson stated that he has a 15-foot access to Grant Street from his property through leased right-of-way from the Milwaukee Railroad. He feels that the access is necessary, particularly in view of the fact that the City is. proposing to acquire a portion of the railroad right-of-way. Mr. Henderson stated that he has avoided using the Grant Street access by using the railroad right-of-way because cars block the Grant Street right- of-way much of the time. He also noted that the access cannot be legally cut off to someone who needs access to property located along a vacated street. Mr. Henderson also noted that the access is needed for fire protection to his apartment development. Mr. Henderson once , again noted that if the City does not purchase the railroad right-of-way, the lease holder has next option to purchase, not the abutting property owner. Mr. Schneider stated that Mr. Henderson had trucks using the railroad right-of-way from his property to Willson Avenue last summer. He did not use Grant Street as an access. Mr. Chuck Swenson, 1322 South Wl/Ison, stated that if Mr. Henderson wishes to use Grant Street, it will require extensive fill work. He noted that it cannot be used in its present state. Mr. Henderson stated that several loads of gravel will be hauled and placed on the street right-of-way. He stated that he will discuss the plans with the City administration and I get permission to fill the street so that he can use it as an access to the back of his p rope rty . Commissioner Anderson asked if the Hayes Street access is insufficient access for the property. Mr. Henderson stated that he needs the Grant Street access, or he will have to drive on the lawn. Mrs. Joanne Jennings stated that the requested vacation was discussed at the last Recreation Board meeting. She stated that this street provides access to the proposed park. She also stated that this street would provide off-street parking for that park. She requested that If the Commission does grant the vacation, a 15-foot easement for access be maintained. She also requested that the Commission set forth the condition that no structures be built over this 15-foot easement. Mr. Swenson stated that if access from Grant Street is allowed, it will be for the benefit of one person and will be a detriment to them and to Mr. Schneider. Mayor Stiff closed the public hearing. A decision will be forthcoming next week. Public hearing - Conditional Use Permit - Dick Kountz - allow a gymnastic traininq center on C.O.S. 403 in the NW!, NW!, Section 15, T2S, R5E (approximately 8640 Huffme Lane) This was the time and place set for a public hearing on an application for a Conditional Use Permit on behalf of Dick Kountz to allow a gymnastic training center on. Certificate of Survey No. 403 in the NWi, NW!, Section 15, Township 2 South, Range 5 East. I This parcel is located about 2,000 feet west of the city limits and is more commonly located at approximately 8640 Huffine Lane. Mayor Stiff opened the public hearing. Assistant Planner Mike Money presented the Staff Report. He noted that the Planning Staff and Zoning Commission recommend conditional approval of the request. Mr. Money stated that the structure to be used for a gymnastic training center is an existing metal 07-06-82 061 building on the site. He also noted that an educational facility is a conditional use in the AS Zone. Mr. Money stated that the Zoning Commission expressed concern that the proposed use is already located in the facility. He noted that the building is being leased by Lone Mountain Gymnastics from Mr. Dick Kountz. Commissioner Weaver asked if the requested use would support itself if it were not I presently located in that structure. Mr. Money stated that it would. No one was present to speak in support of or in opposition to the granting of the re- quest. Mayor Stiff closed the public hearing. A decision will be forthcoming next week. office/warehouse buildln on This was the time and place set for a public hearing on an application for a Con- ditional Use Permit on behalf of Ken LeClair to allow an office/warehouse building on Lots 6 and 7 of McChesney Industrial Park, more commonly known as 2006 Gilkerson Drive. Mayor Stiff opened the public hearing. Assistant Planner Mike Money presented the Staff Report. He stated that the "T" designation on the property requires the Conditional Use Permit process. He noted that the Planning Staff and Zoning Commission recommended conditional approval of the request. Mr. Money stated that a question was raised about the easements along the common property line between Lots 6 and 7. He noted that the applicant has contacted Montana Power. The easement between the lots can be vacated, but a 15-foot easement a long the back line of the property must be maintained. Mr. Corbin Ross, Architect for the applicant, stated that the applicant has no problem in meeting the staff recommendations. He stated that the applicant has received a letter from I Montana Power stating that they need a 15-foot easement along the back of the property. No one was present to speak in opposition to the granting of the request. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Briefing on status of Community Development Block Grant proceedings - Mike Money Assistant Planner Mike Money stated that the Citizens Advisory Committee for the Com- munity Development Block Grant application process has met several times. The committee has selected the repair of Mystic Lake Dam as the Number 1 priority. I f the se lect ion does not meet the application requirements, the committee has suggested the paving of Peach Street. The Assistant Planner requested that the Commission conduct two public hearings, one on July 19 and one on August 2, to satisfy the criteria set forth in the application process. Assistant Planner Money stated that he and two Interns attended a public facilities workshop in Helena on June 30. He noted that Mystic Lake Dam falls within the application process. Mr. Money noted that the Planning Staff is preparing a report for the Commission and establishing findings which address the needs for low- and moderate-Income people, as required in the criteria for Community Development Block Grant Funds. Adjournment - 9:50 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the meeting be ad- jou rned. The motion carried by the following Aye and No vote: those voting Aye being I Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: Clerk of the Commission 07-06-82