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HomeMy WebLinkAbout1982-09-20 183 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 20, 1982 ********************** The Commission of the City of Bozeman met in regular session In the Commission Room, I Municipal Building, September 20, 1982 at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull, City Manager Evans, Assistant City Manager Barrick, City Attorney Planalp and Acting Clerk of the Com- mission Norman. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Weaver. The minutes of the regular meeting of September 13, 1982 were approved as submitted. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that Kathleen Norman be appointed as Acting Clerk of the Commission in Clerk Sullivan's absence. 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. None of the Commissioners requested that any of the Items listed under Consent Items be removed for discussion. Request - development of Jarrett Park in Figgins Addition - Friends of the Figgins Park City Manager Evans presented to the Commission a request on behalf of the Friends of the Figgins Park for the development of Jarrett Park located in the Figgins Addition to the City of Bozeman. Russ Hellker, representing the Friends of Jarrett Park, addressed the Commission and summarized the plans for the development of that park. He emphasized that the group was I concerned with getting the project accomplished this fall so that the seeding would get the full benefit of the spring moisture. Commissioner Anderson questioned whether the use of City equipment could be used in the development of this park since it was in fact a City park. She inquired of City Attorney Planalp If there is anything legally prohibiting the use of City equipment for the development of this park. City Attorney Planalp responded that there is nothing legally prohibitive of using City equipment in the development of a City park. City Manager Evans expressed reservations about lending City equipment unless It were to be operated by a qualified City employee. Commissioner Vant Hull inquired how many manhours would be involved in the develop- ment of this park. Mr. Heliker answered that the project should take a maximum time of four hou rs. Commissioner Vant Hull commented that since the park is a City park, the park should be developed utilizing a City employee and City equipment, working on City time. Commissioner Mathre questioned whether City parks in the past have been developed by the City using Its equipment and time. City Manager Evans replied that the City in the immediate past has developed City parks by using its own equipment and time. He stated he is more responsive to the City providing both the equipment and manpower rather than just the equipment. He stated that the City staff will discuss the possibility of using City equipment and employees. I Mr. Heliker stated that what his group needs is an official go ahead In order that they may start raising funds for the necessary seed, fertilizer, etc. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the City determine when and how a City employee, using City equipment on City time, can do the necessary ground work in planting and seeding the park. 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. 09-20-82 1 ~~ ~ .". D ..\ Continued discussion - donation of City time and equipment re Van Winkle Stadium renovation (sewer and water connections) Mr. Lowell Springer, on behalf of the Hawk Booster Club, addressed the Commission and summarized the things that need to be done In the renovation of the Van Winkle Stadium. He stated that Don Strang had looked into the water service and sewer line and estimated that it would take approximately $2,200 In labor and $526 in material to complete them. He stated they plan to strip back the sod from the field and place and spread approximately 500 I yards of sand before replacing the sod. Mayor Stiff inquired of Mr. Springer as to what amount of the labor and material the Boosters expect the City to donate. Mr. Springer replied that they were hoping for the City to donate the total materials and one-third of the labor. Commissioner Vant Hull questioned Mr. Springer as to the price of the sand. Mr. Springer responded that 500 yards of good quality sand would cost approximately $3,000. Commissioner Anderson inquired of Attorney Planalp as to what type of liability the City would assume If City equipment Is used. City Attorney Planalp answered that the City needs to tie down specifically what happens if the operating machinery breaks down. He pointed out that the machinery is part of the sewer and water divisions, which are not necessarily governmental functions but proprietary functions. He added that the Commission needs to decide who should be responsible for that type of liability. He pointed out that the Commission should also decide whether the proprietary funds should be compensated by the general fund, not by anyone, or by the Club. Mr. Planalp stressed that it should be decided where the risk of loss lies, with the Commission or with the person who Is using the equipment. Commissioner Anderson asked If there have been any precedents set in the past. City Attorney Planalp replied that the soft ball complex had been developed with the use of City equipment but that he knew of no other time City equipment has been used for a non- City function. Mr. Springer informed the Commission that the project would tie up the use of a front- I end loader and trucks for approximately five to six hours. Commissioner Anderson inquired whether the Boosters would assume the responsibility of damage insurance to cover the City equipment to be used. City Attorney Planalp suggested that perhaps a rider could be applied to the Boosters' Insurance policy to cover that liability. Mr. Springer stated that he believes the Boosters do have a liability policy which covers any type activity undertaken by the Club. He stated that when the track was redone, the City had gone through this same procedure. Commissioner Weaver questioned whether the Booster Club feels comfortable assuming the responsibility for liability Insurance. Mr. Springer replied that it did, with the exception of ordinary breakdown of the equipment. City Attorney Planalp stated that he was concerned only with damages that may occur In the case of misuse, perhaps a chipped blade or if an engine burns out. City Manager Evans stated that he does not feel the City should expend any monies for supplies or labor. He stated the work could be done by a City employee volunteering his own time. He noted that there Is no money In the budget for projects of this type. Mr. Springer stated they had requested help from the City In the renovation of this field since it is used occasionally for City programs. Commissioner Weaver asked Mr. Springer If the Boosters are expecting the City to contribute the sand. Mr. Springer responded that the Boosters were hoping that the City would supply the sand, all materials and labor for the sewer and water service, or any port- I ion thereof. He stated that the total cost of the project is estimated will be between $179,000 and $198,000, so the vast majority of the funds are being provided by the Booster Club. He added that the Club will also desire the use of a backhoe when installing the sewer and water service. Commissioner Vant Hull questioned Mr. Springer whether the project is 100 percent "green go" or If it is still in the planning stage. Mr. Springer responded that as far as the 09-20-82 165 Boosters are concerned, now is the time for the project to be accomplished. He stated that with two different schools and two different programs using the same field, It Is anticipated that conflicts will be occurring in the future schedule of the field. He stated that the school district has not given the Club a go ahead. Commissioner Anderson asked Mr. Springer if the City does not supply the sand, If the Club has other resources to obtain it. Mr. Springer replied in the affirmative. I Mr. Joe McKethen, Athletics Director at the High School, informed the Commission that help is needed In renovating Van Winkle Stadium. He stated that the school does not have the availability of trucks, tractors, etc. Commissioner Weaver asked City Manager Evans if he would be troubled by the use of City equipment by a City employee at no cost to the City so long as some other party assumes the cost of all aspects of liability. City Manager Evans replied that he was concerned only about non-ordinary breakdowns and the donation of materials. Commissioner Vant Hull stated that it should be noted also that the equipment should be used for the project only at times that it is not needed for City projects. Mayor Stiff noted that It might be inappropriate to charge the Club if a engine were to burn out. City Manager Evans stated that he was only concerned about liability for an accident or personal injury. He stated that he is confident of the capability of the City operator. He stated he Is not concerned with ordinary wear and tear. He stated that if a engine were to burn out when the machinery is being operated at the proposed project site, it would have burned out whether being used there or on City time. He added that there is a gray area between normal wear and tear and an irresponsible act. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that if a qualified City employee volunteers to do the labor on his own time, authorization will be given for the use of City equipment during times that such equipment is not needed by the City I staff and that all liablJlty for damages and personal Injury will be assumed by the Booster Club, with the understanding that no donation of any type material will be made by the City. The motion carried with the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, and Commissioner Vant Hull; those voting No, Mayor Stiff. Authorize Mayor to sign - contracts with Con'eer Engineering, Inc. - for retrofit of Swim Center City Manager Evans noted to the Commission that the necessary revisions had been made to the Con1eer Engineering contracts and asked that the Commission authorize the Mayor to sign them. Commissioner Mathre questioned City Attorney Planalp whether Con'eer Engineering had any liability since the $50,000 liablJity clause had been deleted from the original contract. City Attorney Planalp answered that since the $50,000 clause had been stricken, that Con'eer Engineering now has unlimited liability. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Mayor be authorized to sign the revised contracts with Con'eer Engineering for the retro- fitting of the Swim Center. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Com- missioner Anderson and Mayor Stiff; those voting No, none. I Staff report - status of removal of the American Legion housing bulJdings City Manager Evans stated that he had driven by the site of the American Legion housing buildings on the previous Friday evening and had noted that two buildings had been demolished. He added that the successful contractor had furnished the City with the re- quired bond for the demolition. Bob Dixon, representing the American Legion, informed the Commission that he had been out of town for the past two weeks. He stated that upon his return he had been in- 09-20-82 16r-, formed that the bid had been let and that the successful bidder had secured all bonds and permits and was to proceed with the work. He stated that upon his inspection of the site, it was apparent that someone had been knocking down buildings. Commissioner Weaver inquired when the demolition would be completed. Val Dietz, representing American Legion, stated that the contract calls for the demoli- tion to be completed In 30 days. Mr. Dixon informed the Commission that the legion was uncertain where the money will I come from to pay for the demolition. He stated the legion only has $5,000 set aside for the demolition and the accepted bid is for over $14,000. He stated that the legion could possibly borrow the money from a ban k to pay the contractor. He stated this project does have the support of the organization and the contractor will get paid. He questioned the possibility of Block Grant money being alloted for demolition. City Manager Evans informed the Commission that the Block Grant money is all gone and the Grant is closed out. Ted Koterwas, 624 North Tracy, addressed the Commission and inquired whether any direction had been given to the contractor demolishing the legion buildings as far as saving trees. Mr. Dixon answered that nothing is in the contract concerning the saving of the shrubbery. He stated however that the contractor had verbally agreed to make every effort possible to save the trees and shrubs. He noted that in some cases the Iliac bushes have grown so close to the buildings that it Is Impossible to demolish the buildings without harming the bushes. He stated he did note that it looks as if the contractor is making an honest effort to save the shrubbery. Mayor Stiff questioned whether it might be appropriate If a City employee were to visit the contractor at the demolition site and suggest that an effort be made to save the shrubbery. City Attorney Planalp suggested that the City wants to stay out of this situation as much as possible. He stated that if an effort to save the trees are made, it could Increase the cost of the project. He stated that a suggestion by the City to save the trees could imply that the City should participate in the funding. I City Manager Evans stated that he was In agreement with City Attorney Planalp regard- Ing this matter. Staff report - status of Mystic lake Dam City Manager Evans stated that on the previous Wednesday he had viewed aT. V. scan of the outlet pipe at Mystic lake Dam, which showing had been attended by a large number of people, including the U.S. Forest Service, Christian, Spring and Slelbach and City employees. He stated that the viewing had been enlightening; that it had shown the large volume of water that comes into the dam. He stated that the pipe itself Is quite pitted and that the joints look as If they could go at any time. He stated that all three engineers present testified that the dam was a hazard. As a result of the T. V. viewing, It was the intention of the water users association to have a special meeting on October 1. He stated that a due legal notice of 10 days is required to be mailed for vote of this magnitude to take place to breach the dam. He stated that after the meeting, the water users association will come before the Commission with a recommendation. The Commission should name a delegate to the association meeting and Instruct the delegate how to vote the City shares. He stated that hopefully by next Monday the City should have a fairly good estimate on the costs involved. He estimated the costs would be between $3,000 and $10,000. He stated that the City owns 10 shares. He informed the Commission that each shareholder will bear the cost in relationship to the total number of shares. Mayor Stiff questioned whether this project would be let out for bid. City Manager I Evans answered that this would be the water users responsibility and not the City's. Mayor Stiff asked the name of the company building the logging roads in the vicinity of the dam. Jim Moore, attorney representing the Bozeman Creek Reservoir Association, Informed the Commission that Arco had been the successful bidder on the logging to be conducted in the vicinity of Mystic lake Dam. 09-20-82 16"7 Commissioner Anderson questioned how long the project would take once the equipment Is In place. City Engineer Arthur Van1t Hul responded that the Forest Service and Bob Gemmell of Christian, Spring and Slelbach, both agree that partial breaching is the best way of handling the situation at this time. He stated that the breach would be cut 25 feet from the crest of the dam, which would allow a one-to-one slope to be maintained on that side, with a possible I three-to-one slope maintained on the other side. He said a small piece of fabric, a filter fabric, would be placed at the end of the trench to filter the water going downstream. He noted that the trench would essentially be flat. He stated that according to Garth Sime, a local contractor, cutting the trench should take a little less than two days. He Informed the Commission that S & K Construction is the construction firm building the logging roads In the vicinity of the dam but that he had been unable to get In contact with them to date due to the fact the crew is living In a mobile home placed at the Moser Creek site. He stated that the labor for this breach is expected to be in the neighborhood of $3,000, with the cost of material being $103. He stated that the Forest Service will be writing a letter to the City giving the specific elevation to which they agree. He stated that if the Forest Service does not go along with the partial breach, the cost will be twice as much. Mr. Moore informed the Commission that once Mystic Lake Dam Is repaired, It will be rebuilt to a greater height, which means additional water will be stored. He suggested that the City should make application for this additional water. City Manager Evans noted that this item will be on the Commission agenda next week for further update. City Manager's report - purchase of Chapman property, northwest corner of Rouse and Lamme City Manager Evans Informed the Commission that the real estate transaction In the purchase of the Ella M. Chapman property located at the northwest corner of Rouse and Lamme had been closed at the negotiated price of $10,000 and that the City is now the owner I of that property. He stated that American Land and Title Company were to record the deed this day (Monday) and that a coPy of the deed and buy-sell wi II be forwarded to the City after the deed Is recorded. He added that the City Attorney Is handling the matter of eviction notice so that the property can be without tenants. City Manager Evans stated that a notice of solicitation for salvage will be placed in the media to determine If anyone is interested In the salvage of the existing structures on that site. He added that he had discussed the matter of demolishing the existing structures with Clinton Gee and Mr. Gee had informed him that it should take a crew not more than a couple of hours to demolish the structures and haul away the debris. Commissioner Vant Hull questioned whether the Fire Department could possibly burn the structures as a practice burn. City Manager Evans informed her that a fire would harm the surrounding trees. Commissioner Vant Hull Inquired as to the size of the lot. Assistant Manager Barrick stated that the lot was approximately 68' x 128.51. Discussion - format for public hearings at evening session City Manager Evans noted to the Commission that because of the agenda for the public hearing items this evening, he thought It might be beneficial if some type of format is estab- lished prior to the hearings. Mayor Stiff questioned City Attorney Planalp if there is any limit to the number of times a Chairman must call for input. City Attorney Planalp replied that there is no set I number; that the number of calls is at the Commission's discretion. Attorney Planalp suggested that It might speed testimony if no questions are asked by the Commission until the proponents are heard in their entirety. Commissioner Anderson stated that possibly a sign-up method to speak might help avoid unnecessary repetition. Commissioner Mathre asked if a person is not signed up to speak, if that person would stili be allowed to speak. Mayor Stiff replied in the affirmative. 09-20-82 16'-;' ,,",'" ..,' Mayor Stiff Inquired of City Attorney Planalp whether the public hearing can be legally continued if the Commission feels more Input in needed before a decision can be made. Mr. Planalp responded in the affirmative. Mayor Stiff Instructed the Acting Clerk of the Commission to prepare sign-up sheets for this evening's meeting for the proponents and opponents of the Bozeman Deaconess Hospital's request for vacation of Willson and Beall. Proclamation - "Constitution Week" - September 17-23, 1982 - Mount Hyallte Chapter, DAR I Mayor Stiff proclaimed the week of September 17 through 23, 1982 as "Constitution Week" in the City of Bozeman and urged all citizens to study the Constitution and to express gratitude for the privilege of American citizenship In our Republic functioning under the superb body of laws - the Constitution of the United States of America. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission concur in the Mayor's proclamation. 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. Application for Raffle License - United Commercial Travelers - September 21, 1982 City Manager Evans presented to the Commission an application for a Raffle License, along with the required fee, on behalf of the United Commercial Travelers for a raffle to be held on September 21, 1982. To be raffled are a photograph by Louis Moos, an afghan and a water color painting, with prizes to be awarded on November 6, 1982. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the application for a Raffle License on behalf of the United Commercial Travelers for a raffle to be held on September 21, 1982. 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. I 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 Anderson, seconded by Commissioner Mathre, that the claims be approved as submitted. 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. Recess - 5:25 p.m. Mayor Stiff declared a recess at 5:25 p.m., to reconvene at 7:00 p.m. for scheduled public hearings. Reconvene - 7:00 p.m. Mayor Stiff reconvened the Commission meeting at 7: 00 p. m. for the purpose of con- ducting the scheduled public hearings. Public hearin This was the time and place set for the public hearing of the request on behalf of the I Kenyon Noble Lumber Company for vacation of a portion of North Church from Juniper north to Front Street, the easterly 189 feet of Hemlock between Church and Front, and the alley in Block 112, all in the Northern Pacific Addition to the City of Bozeman. Mr. Bill Ogle, representing Kenyon Noble, addressed the Commission and stated that the vacation, if granted, would allow for future development of the site. 09-20-82 169 Commissioner Vant Hull Inquired that since the creek is located there. If a future building could be constructed too close to the stream bank. Planning Director John Moss responded that there would be no problem with this, as it would be taken care of under the setback requirements. City Manager Evans Informed the Commission that the recommendations of the City- County Piannlng Director and City Engineer found no fault with the requested vacations. I There was no one present to speak In opposition to the requested vacations. Mayor Stiff closed the public hearing of this request. A decision will be forthcoming in one week. Public hearlnfi - request for vacation - Bozeman Deaconess Hospital - portions of West Beall and North WI son; and development of off-street parking This was the time and place set for the public hearing on behalf of Bozeman Deaconess Hospital of the request for vacation of portions of West Beall and North Willson and develop- ment of off-street parking. Mr. Ed Dahlberg, representing Bozeman Deaconess Hospital, addressed the Commission and presented the backg round information on the requested vacation. He stated that the vacations of the streets are necessary for the planned expansion of the hospital. He stated the planned expansion evolves from the State Public Health Department declaring the hospital defective as relating to Medicare and Medicad programs. He stated that If the vacations are denied, the hospital will have to seek an alternative site. Mr. Dahlberg stated that the proposed expansion presents the most economical solution. He stated that the hospital had hired a firm in Minneapolis to help in the physical plant evaluations. He stated that a survey taken In Gallatin Valley had reflected that 49.9 percent of the persons interviewed indicated a desire that the hospital remain at its present location. Mr. Dahlberg stated that it was the consensus of the hospital that it would be best located In the proximity of the medical clinics and offices. I Mr. Dahlberg stated that In relation to expansion of the hospital to the east, the first consideration of the hospital board was the distance created between the hospital and support services. He added that it would also cause the nursing home operations to be located between the hospital and support services. This would involve that central services pass through the nursing home. Mr. Dahlberg pointed out that this would Increase time for transportation services and would in turn require additional personnel. He noted that a lumber yard lies to the south and pointed out that if the hospital were expanded in this direction, the lumber yard would present a hazard In the terms of fire safety and heavy traffic. Mr. Dahlberg stated that the hospital would object to and find issue with any plan to develop North Willson into a main arterial next to a medical campus. He suggested that Black, Grand or Tracy would make better thoroughfares as they all intersect with Tamarack, whereas Willson deadends at Cottonwood. Mr. Dahlberg stated that a street bridge Is not feasible and referred to a letter from the president of Bi lIings Deaconess Hospital which listed the drawbacks of that hospital's street bridge. He stated that an additional cost of $215,000 would be incurred for such a bridge. He added that the bridge would also Increase staff travel time. Mr. Dahlberg stated that a plan to elevate the hospital functions by one floor would cost an additional $1.5 million. Commissioner Vant Hull questioned if the hospital could be expanded to the east, perhaps building in the street, which would cause the distance to be less. Mr. Dahlberg replied that the problem of passing through the nursing home would stili have to be faced. I Commissioner Anderson Inquired of Mr. Dahlberg whether any conceptual plan had been made for expansion to the east. Mr. Dahlberg responded that the hospital had determined that west was the only direction to expand in order to accomplish their goals and long term plans. Mayor Stiff questioned Mr. Dahlberg as to why no mention of the development of off- street parking had been made thus far at this public hearing. Mr. Dahlberg replied that the hospital had decided to break .the request into two separate issues. He stated that the 09-20-82 17' hospital would wait until action has been taken on their request for vacation of Willson and Beall before pursuing the development of off-street parking. Commissioner Mathre questioned whether it would be feasible to build a passageway underneath the street. Mr. Dahlberg responded that the utilities under the street have to be tunneled and cannot be rerouted. He added that the ground water level would also have to be taken Into account. Commissioner Vant Hull stated that she did not feel enough details had been given as I to why the hospital cannot expand to the east. Mr. Dahberg stated that any proposal for expansion except to the west adds dollars to the construction costs. He stressed that any additional funds spent on hospital expansion would detract from patient care facilities. Mayor Stiff questioned whether the expansion could be constructed with only walkways across Willson, with the c10su re of the streets foresta lied until the second or thl rd phase of expansion is initiated. Mr. Dahlberg stated that he was strong on the position that the need to know would require the streets be closed immediately. Mayor Stiff asked City Attorney Planalp If the Commission could commit itself on a definite date of closure to vacate the streets in the year 2000. City Attorney Planalp replied that so long as State laws remain unchanged, that the Commission has the authority to close a street. Mr. Roger Craft, representing the Downtown Development Association, addressed the Commission and presented a 300-signature petition which had been placed at various downtown businesses. He expressed his support for the hospital expansion and closure of the streets. Mr. Ted Koterwas, 624 North Tracy, addressed the Commission as a resident in the vicinity and stated he has no objection to the proposed expansion and vacation of the streets. Mr. Cory Dogterom, a member of the hospital's Board of Directors, addressed the Com- mission and stated that if the streets are not closed there should at least be a reduced traffic sign of 5 m. p. h. He stated that the Board has determined that expansion to the west Is the most cost-effective plan for the citizens of Bozeman. Commissioner Vant Hull Inquired about the possibility of expanding the hospital to the I north and utilizing the Medical Arts Center as hospital facilities. The architect for the hospital replied that the Medical Arts Center would require major remodeling in order to be used for hospital facilities. It stated that the center would not easily convert to the adaptation and would cause additional dollars to be spent. Dr. Richard Ritter, chairman of the hospital's institutional planning committee, addressed the Commission and stated that the hospital has only limited financial resources. He stated that the hospital Is strapping themselves with the proposed project. He stated there Is a limit as to how much money can be raised for construction purposes. Mr. Bob Duntsch, a member of the hospital's Board of Directors, addressed the Com- mission and informed the Commission that at one time, the Hillcrest vicinity was being considered as an alternate site for the hospital. He stated that because of the unavailability of sewer and water lines and access by roads the Hillcrest site was dismissed. He stated that the proposed project Is contingent upon the closing of Willson. Mr. Duntsch stated that the medical community is ready to support the expansion If the hospital remains at Its present location. Mr. Bill Walter addressed the Commission and presented a letter from Rev. John Soderberg supporting the proposed expansion of the hospital. The letter was accepted by the Acting Clerk of the Commission and is to be made a part of this record. Mr. Jim Bangs, President of the Downtown Businessmen's Association, addressed the Commission and expressed that association's support of the hospital's request. Dr. Robert Towers addressed the Commission and stated that the present hospital Is at I its limit as far as space is concerned. He stated that relocation of the hospital would require that the entire facility be replaced rather than just two-thirds In the proposed plan, creating an additional $8 million cost over 10 years, or $40 to $45 per patient per day. Mr. Ralph W. Zimmer, representing the Bozeman Technical Advisory Committee (TAC), addressed the Commission and Informed them that T AC had voted unanimously to oppose the requested vacation of Willson and Beall. He stated that the Committee had decided that if the 09-20-82 171 streets were vacated, an alternate thoroughfare would have to be developed. Mr. Zimmer stated that the hospital should pay for the costs of developing an alternate arterial, including construction and right-of-way acquisitions. He stated that the closure of Beall would not present nearly as much of a problem as closing Willson. Mr. Zimmer also questioned who would pay for the required one-block paving of Villard Street. Mr. Zimmer stated that Willson has long been designated to handle north-south traffic, I particularly as traffic is increased on the northside when North 7th Is Improved. He pointed out that alternative north-south routes, such as Grand and Tracy, are much narrower and would have to be widened If used for a main arterial. He stated that If no alternative route is developed, the traffic in residential neighborhoods will increase. Commissioner Weaver questioned whether a north-south arterial Is needed at that location as much of the traffic In that area probably goes to the hospital. Commissioner Mathre questioned City Attorney Planalp whether the City could vacate the proposed streets with the condition attached that should the hospital ever cease to exist at that location, the request would be rescinded. City Attorney Planalp replied that it is not always possible to go back to square one. He said he would research this matter if so re- quested. Mr. Dick Milledge addressed the Commission and stated he felt that any street closure should receive serious thought and consideration. When questioned as to how long the hospital expects to remain at its present location, Mr. Dahlberg stated that the proposed plan calls for the eventual replacement of the hospital's existing structures. He stated the hospital, under the proposed plan, would have sufficient room for expansion to remain at its present site for at least 30 years. Mr. Dahlberg added that the hospital would have an Investment of approximately $20 to $25 million Invested If the expansion Is accomplished as proposed. Commissioner Mathre questioned how long It would take the City staff to collect the costs of developing an alternate street as an arterial. City Manager Evans responded that I the costs could probably be gathered in one week; however, it would be necessary for this public hearing to be continued for two weeks due to the schedule of public hearings on the first and third weeks. Mayor Stiff continued the public hearing for two weeks and instructed the City staff to research and estimate the cost of an alternative traffic route to North Willson. from This was the time and place set for the public hearing on behalf of Joyce Rasmussen for the Master Plan Amendment to change land use designation from Residential-Low Density to light Industrial (Bohart Lane and L Street, east quadrant). Mike Money, Assistant Planner, presented the staff report. He noted that an addi- tional legal description of this parcel of land is the NW! of the SW! of Section 5 and the N! of the SE! of Section 6, T2S, R5E, M.P.M., Gallatin County, Bozeman, Montana. Mr. Money stated that the surrounding land uses in this area are Low Density- Residential. He noted that the ground water level In this vicinity is at three feet. He stated that there would be serious limitations on the development of this site. He stated that the applicant has Indicated that she had a local firm interested in purchasing the property for warehousing, which is only allowed in industrial zoned areas. Mr. Money noted that the Planning Board had approved this request with a split vote of five to one. I Ms. Rasmussen was present to answer any questions the Commission might have. There was no one present to speak in opposition to the request. Mayor Stiff closed the public hearing on this request. A decision will be forthcoming In one week. 09-20-82 1 ..,-, ." ( ::. Public hearin - Commission Resolution 2407 - final assessment - Special Improvement Sprinklin istricts This was the time and place set for the public hearing on Commission Resolution No. 2407, entitled: COMMISSION RESOLUTION NO. 2407 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING SPRINKLING DISTRICT MAINTENANCE I 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., 1979. Mayor Stiff opened the public hearing. No one was present to speak in support of, or in opposition to, the final passage of Commission Resolution No. 2407. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Public final assessment - SID No. 619 - lateral (water) mains, Ivislon - 4, 00.00 This was the time and place set for the public hearing on Commission Resolution No. 2408, entitled: COMMISSION RESOLUTION NO. 2408 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 619 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 619. Mayor Stiff opened the public hearing. No one was present to speak in support of, or In opposition to, the final adoption of Commission Resolution No. 2408. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. I Public hearin - Commission Resolution 2409 - final assessment - SID No. 620 - pavln , storm sewer - Lots 2 and ract 1 5 , omes I tes ubdlvlSlon - 1 ,000.00 This was the time and place set for the public hearing on Commission Resolution No. 2409, entitled: COMMISSION RESOLUTION NO. 2409 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 620 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 620. Mayor Stiff opened the public hearing. No one was present to speak in support of, or in opposition to, the final adoption of Commission Resolution No. 2409. Mayor Stiff closed the public hearing. A decision will be forthcoming In one week. Public hearing - Commission Resolution 2410 - final assessment - SID No. 621 - sanitary sewer trunk - Valley Unit Subdivision - $523,753.04 This was the time and place set for the public hearing on Commission Resolution No. 2410, entitled: I COMMISSION RESOLUTION NO. 2410 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 621 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 621. Mayor Stiff opened the public hearing. 09-20-82 173 No one was present to speak In support of, or opposition to, the final adoption of Commission Resolution 2410. City Manager Evans presented to the Commission a letter submitted by Mr. Joseph Sabol, Attorney, which was hand delivered to City Hall at 3: 15 this date. The letter objected to the assessments of Special Improvement Districts 621, 622, 623, 624, 625, 626, 627, 629 and 630. Mr. Evans indicated he desired the letter to be made a part of the record. He I added that the City staff had worked in the interim since receiving the letter and were ready to answer any questions concerning the objections. City Manager Evans also distributed to the Commission waivers of protest signed by Mr. and Mrs. Jahnke for the creation of Special I mprovement Districts 621, 622, 623, 624 and 625 and requested that they be made a pa rt of the record. Commissioner Weaver inquired as to the allegation made by Mr. Sabol in his letter that the City had no established formula to be used in determining the assessment of each lot or parcel within said district, such formula to include but not be limited to the Items to be con- sidered as set forth in 7-12-4161 through 7-12-4165, M.C.A. City Attorney Planalp replied that apparently Mr. Sabol was miscontrulng that law, in that it applys to off-street parking and not a Special Improvment District itself. Commissioner Weaver questioned the allegation made by Mr. Sabol that the amount of each partial payment to be made by the owner of record of each lot, tract, parcel or block within the district was not set forth in, nor attached to any of the Resolutions for the above- mentioned Special Improvement Districts. Finance Di rector Amy Swan responded to the question, stating that Mr. Sabol was correct In stating that the schedule attached to each resolution on August 30 was a summary schedule. She stated that the summary schedule contained each property owner, description of the lot, total amount of principal to be assessed over the life of the District and the total life of the District. Ms. Swan stated that the reason the individual asssessment schedules were not attached to the resolutions on August 30 was because of their voluminous existence. I She stated that the assessment schedules consist of eight or nine Inches of computer printouts. She stated that these schedules are on file in the City offices and are available for public Inspection. Finance Director Swan stated that she had contacted the nine or ten property owners within the Valley Unit Subdivision and had informed them that full documentation was available In her office. She stated she had not received any questions from anyone other than Mr. Sabol on these Districts. Commissioner Weaver questioned the staff In respect to the allegation that the Commission had attempted to alter the number of installment payments from those previously advertised, agreed upon and adopted by the resolution creating the District. Director of Finance Swan replied that when these Districts were created in 1980, It was assumed that the Districts would be finalized within one year after creation and thus the bonds would be due on January 1, 1981. Ms. Swan stated the first bond payment was set up for January 1, 1981. She stated that theoretically if the City had assessed these In 20 annual installments over a period of 19 years, the City would have been right on schedule. She pointed out however that last year the Commission had deferred the Installments for one year and the assessments had not been mailed to the taxpayers. Ms. Swan stated that any money paid by the taxpayers had been refunded and no bonds had been called after January 1, 1981. She noted that this action threw the entire bond schedule off one year. She stated that based upon discussions with representatives of D. A. Davidson, all the City has done is adjusted the assessment schedule in accordance with the bond retirement schedule. She I stated If the assessment schedules had not been adjusted, the City would be paying bonds off a year before the final assessment is levied. Commissioner Weaver questioned the staff regarding the assertion that in respect to incidental expenses, since the adoption of the resolution, that no objectively verifiable, itemized accounting of the costs and expenses connected with the above protested Special I mprovement Districts has been submitted. Finance Director Swan stated that it is true that the City has no actual hourly time 09-20-82 17< sheets for the work involved In these Special Improvement Districts. She pointed out that the direct allocation method of indirect costs is justifiable under accounting theory. Ms. Swan added that theory states that historical practices are a justifiable method for deter- mining indirect costs allocation and is common practice in Industry. Commissioner Weaver queried If that answer would also speak for the assertion that an Itemized breakdown of the City engineering costs, administrative fees and legal fees should be suppl ied for review prior to the final adoption of the protested Special I mprovement Districts. I Finance Director Swan replied in the affirmative. She stated that 100 percent accuracy is theoretically impossible. She pointed out that these projects first came before the City In May 1980. She added that these projects have consumed 28 months of City administrative time and the districts are still not finalized and assessed. Commissioner Weaver Inquired as to the protested item concerning the recomputation of the Special Improvement District base, on what was referred to as miscalculation of the square footage involved. City Engineer Arthur Van't Hul responded that at the time a Special Improvement District is put together, the figures used are based on a preliminary plat of the area. He stated that the final figures are taken from the recorded plat, therefore, creating small differences taking Into account that surveys never come o~t exactly 5,280 feet to a mile. He stated the difference In these projects amounted to -1 of 1 percent. He pointed out that the original Special Improvement Districts for this project were prepared by Mr. Sabol. Commissioner Weaver questioned with respect to certified costs, why the $578,886.89 difference existed between the contracted bid price and the finalized costs. City Engineer Van't Hul answered that the difference Is that between the bid price and the finalized costs with engineering, administrative and publishing costs added. Finance Director Swan stated that she would like to point out that while the Valley Unit Special I mprovement Districts were created for a total of $4,525,000, the actual finalized costs come to $3,698,278. Finance Director Swan also noted that Mr. Jahnke was aware of the Clty's 6 percent I surcharge for administrative costs when the Special I mprovement Districts were created and had signed a waiver of any protest at that time. Ms. Swan noted that half of the 6 percent surcharge Is deposited in the general fund to cover administrative costs and the remainder is placed in the Special Improvement District revolving fund to protect the City from nonpayment of Special I mprovement District assessments. City Manager Evans stated that the staff feels the objections made by Mr. Sabol are irrelevant and of an insignificant nature. Mr. Evans stated at this point he feels the the City must proceed with the special assessments. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. - final assessment - 51 D No. 622 - trunk water This was the time and place set for the public hearing on Commission Resolution No. 2411, entitled: COMMISSION RESOLUTION NO. 2411 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 622 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 622. Mayor Stiff opened the public hearing. I Mr. Joe Sabol's letter and written comments and objections were acknowledged during the public hearing on Commission Resolution No. 2410. No one was present to speak in support of, or In oppostlon to, the final adoption of Commission Resolution No. 2411. Mayor Stiff closed the public hearing. A decision will be forthcoming In one week. 09-20-82 175 Public hearin - Commission Resolution No. 2412 - final assessment - SID No. 623 - sanitary Sewer - Valley Unit SubdiviSIon - 51 , 43. This was the time and place set for the public hearing on Commission Resolution No. 2412, entitled: COMMISSION RESOLUTION NO. 2412 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, I MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 623 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 623. Mayor Stiff opened the public hearing. Mr. Joe Sabol's letter and written comments and objections were acknowledged during the public hearing on Commission Resolution No. 2410. No one was present to speak In support of, or in opposition to, the final adoption of Commission Resoiutlon No. 2412. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Public hearing - Commission Resolution No. 2413 - final assessment - 51 D No. 624 - water mains - Valley Unit Subdivision - $525,01 O. 93 This was the time and place set for the public hearing on Commission Resolution No. 2413, entitled: COMMISSION RESOLUTION NO. 2413 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 624 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 624. I Mayor Stiff opened the public hearing. Mr. Joe Sabol's letter and written comments and objections were acknowledged during the public hearing on Commission Resolution No. 2410. No one was present to speak in support of, or in opposition to, the final adoption of Commission Resolution No. 2413. Mayor Stiff closed the public hearing. A decision will be forthcoming In one week. Public hearln - Commission Resolution No. 2414 - final assessment - SID No. 625 - storm pavmg - a ey nIt u IVISlon - This was the time and place set for the public hearing on Commission Resolution No. 2414, entitled: COMMISSION RESOLUTION NO. 2414 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 625 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 625. Mayor Stiff opened the public hearing. Mr. Joe Sabol's letter and written comments and objections were acknowledged during the public hearing on Commission Resolution No. 2410. There was no one present to speak in support of, or in opposition to, the final adop- I tion of Commission Resolution No. 2414. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Public sanitary sewer This was the time and place set for the public hearing on Commission Resolution No. 2415, entitled: 09-20-82 1""':':; ,.. ( \" COMMISSION RESOLUTION NO. 2415 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 626 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 626. Mayor Stiff opened the public hearing. I Mr. Joe Sabol's letter and written comments and objections were acknowledged during the public hearing on Commission Resolution No. 2410. No one was present to speak In support of, or in opposition to, the final adoption of Commission Resolution No. 2415. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Public hearln - final assessment - SID No. 627 - sanitar sewer main - 20,904.83 This was the time and place set for the public hearing on Commission Resolution No. 2416, entitled: COMMISSION RESOLUTION NO. 2416 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYI-NG AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 627 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITH IN SAID SPECIAL IMPROVEMENT DISTRICT NO. 627. Mayor Stiff opened the public hearing. Mr. Joe Sabol's letter and written comments and objections were acknowledged during the public hearing on Commission Resolution No. 2410. No one was present to speak in support of, or in opposition to, the final adoption of Commission Resolution No. 2416. I Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. This was the time and place set for the public hearing on Commission Resolution No. 2417, entitled: COMMISSION RESOLUTION NO. 2417 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 629 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 629. Mayor Stiff opened the public hearing. Mr. Joe Sabol's letter and written comments and objections were acknowledged during the public hearing on Commission Resolution No. 2410. No one was present to speak in support of, or in opposition to, the final adoption of Commission Resolution No. 2417. Mayor Stiff closed the public hearing. A decision will be forthcoming In one week. Public hearln - Commission Resolution pavln and storm ram - I This was the time and place set for the public hearing on Commission Resolution No. 2418, entitled: COMMISSION RESOLUTION NO. 2418 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 630 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO 09-20-82 177 DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 630. Mayor Stiff opened the public hearing. Mr. Joe Sabol's letter and written comments and objections were acknowledged during the public hearing on Commission Resolution No. 2410. No one was present to speak In support of, or in opposition to, the final adoption of I Commission Resolution No. 2418. Mayor Stiff closed the public hearing. A decision will be forthcoming In one week. Public hearln water, storm sewer nnexatlon - 6, This was the time and place set for the public hearing on Commission Resolution No. 2419, entitled: COMMISSION RESOLUTION NO. 2419 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 632 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF INCIDENTAL EXPENSES INCURRED WITH THE IM- PROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 632. Mayor Stiff opened the public hearing. No one was present to speak In support of, or In opposition to, the final passage of Commission Resolution No. 2419. Mayor Stiff closed the public hearing. A decision will be forthcoming In one week. Public hearin storm sewer, sewer This was the time and place set for the public hearing on Commission Resolution No. I 2420, entitled: COMMISSION RESOLUTION NO. 2420 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 633 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF INCIDENTAL EXPENSES INCURRED WITH THE IM- PROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 633. Mayor Stiff opened the public hearing. No one was present to speak in support of, or in opposition to, the final passage of Commission Resolution No. 2420. Mayor Stiff closed the public hearing. A decision will be forthcoming next week. sewer This was the time and place set for the public hearing on Commission Resolution No. 2421, entitled: COMMISSION RESOLUTION NO. 2421 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 634 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS I WITH IN SAID SPECIAL IMPROVEMENT DISTRICT NO. 634. Mayor Stiff opened the public hearing. No one was present to speak in support of, or in opposition to, the final passage of Commission Resolution No. 2421. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. 09-20-82 1 -~) , , .... Public hearin sewer lateral, This was the time and place set for the public hearing on Commission Resolution No. 2422, entitled: COMMISSION RESOLUTION NO. 2422 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES I UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 635 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 635. Mayor Stiff opened the public hearing. No one was present to speak in support of, or In opposition to, the final adoption of Commission Resolution No. 2422. Mayor Stiff closed the public hearing. A decision will be forthcoming In one week. This was the time and place set for the public hearing on Commission Resolution No. 2423, entitled: COMMISSION RESOLUTION NO. 2423 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 636 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF INCIDENTAL EXPENSES INCURRED WITH THE IM- PROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 636. Mayor Stiff opened the public hearing. No one was present to speak in support of, or in opposition to, the final passage of Commission Resolution No. 2423. I Mayor Stiff closed the public hearing. A decision will be forthcoming In one week. No. 2424 - final assessment - SID No. 638 - sanitary This was the time and place set for the public hearing on Commission Resolution No. 2424, entitled: COMMISSION RESOLUTION NO. 2424 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 638 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITH IN SAID SPECIAL IMPROVEMENT DISTRICT NO. 638. Mayor Stiff opened the public hearing. No one was present to speak in support of, or in opposition to, the final passage of Commission Resolution No. 2424. Mayor Stiff closed the public hearing. A decision will be forthcoming In one week. This was the time and place set for the public hearing on Commission Resolution No. 2425, entitled: I COMMISSION RESOLUTION NO. 2425 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, 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., 1978. 09-20-82 179 Mayor Stiff opened the public hearing. No one was present to speak in support of, or in opposition to, the final passage of Commission Resolution No. 2425. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Public hearing - Commission Resolution 2426 - final assessment - SID 615 - sanitary sewer - I Highway 10 - Burrup Annexation - $25,180.53 This was the time and place set for the public hearing on Commission Resolution No. 2426, entitled: COMMISSION RESOLUTION NO. 2426 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 615 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF INCIDENTAL EXPENSES INCURRED WITH THE IM- PROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 615. Mayor Stiff opened the public hearing. No one was present to speak In support of, or In opposition to, the final passage of Commission Resolution No. 2426. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Public hearing - Commission Resolution No. 2427 - assessment of taxes for garbage collection This was the time and place set for the public hearing on Commission Resolution No. 2427, entitled: COMMISSION RESOLUTION NO. 2427 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, SERVICED AND FROM WHICH GARBAGE I WAS COLLECTED AND REMOVED DURING THE YEAR, 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. Mayor Stiff opened the public hearing. No one was present to speak in support of, or in opposition to, the final passage of Commission Resolution No. 2427. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Public hearlnq - Commission Resolution No. 2428 - relevylng and reassessing special assessment of taxes for the 1978 Miscellaneous Sidewalk and Curb Program (David M. and Nancy K. Ward, 716 S. 13th This was the time and place set for the public hearing of Commission Resolution No. 2428, entitled: COMMISSION RESOLUTION NO. 2428 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, RELEVYING AND REASSESSING A SPECIAL ASSESSMENT OF TAXES UPON CERTAIN PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND INSTALLING MISCELLANEOUS SIDEWALKS AND CURBS DURING THE YEAR 1978. Mayor Stiff opened the public hearing. No one was present to speak in support of, or in opposition to, the final passage of I Commission Resolution No. 2428. Mayor Stiff closed the public hearing. A decision will be forthcoming In one week. Adjournment - 10:51 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being 09-20-82 1 A :-, ~" \,J '," Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. ALFRED M. ST I FF, Mayor ATTEST: A~~ o~~ss;on I I I 09-20-82