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HomeMy WebLinkAbout1980-03-12 {'I, r' ';' l) -.::, It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that permission be granted the Order of DeMolay to place the banner over Main Street from March 16-22, 1980 be granted. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. I Application for Raffle License - A.A.U. Wrestling Club. March 8, 1980 The City Manager presented an application from the A.A.U. Wrestling Club, along with the appropriate fee for the purpose of holding a raffle on March 8, 1980. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the application for the raffle license. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Application for Poker License - to June 30, 1980 - Valley View Supper Club The City Manager presented an application from the Valley View Supper Club, along with the appropriate fee for the purpose of acquiring a poker license for the year ending June 30, 1980. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission approve the application for the Poker license as presented. The motion was carried by the fOllowing Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Application for Kennel License - Richard Tenney, M.D. The City Manager presented an application from Richard Tenney, M.D., 308 South Bozeman, along with the appropriate fee for a kennel license. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the kennel license application as presented. The motion was carried by the following I Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Accept and File - Director of Public Service Report for January The City Manager commented on the report of the Director of Public Service for the month of January, 1980 and recommended it be accepted and ordered filed. It was moved by Commissioner Vollmer, seconded by Commissioner Swanson, that the report be accepted and ordered filed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission meeting be adjourned. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. J2J2-)? ~ DUNCAN S. MACNAB, Mayor ATTEST: I &f4?"", ~%Y~ ERNA V. HARDING, , Clerk of the City Commission .--------------- ----- I~ G I,"!. Bozeman, Montana March 12, 1980 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 12, 1980, at 1:15 o'clock p.m. Present were Mayor MacNab, Commis- sioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager Gesko, City Attorney Planalp, and the Clerk. I Commissioner Vollmer opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, March 5, 1980 were approved as submitted. Shrine Club - request permission to hold Shrine Circus - Thursday, July 3, 1980 A letter received from David Burgess, President of the Gallatin Shrine Club requesting permission to hold the Carden-Johnson Clyde Bros. Circus on Thursday July 3, 1980 at 2:00 p.m. and 6:00 p.m. in the MSU stadium, was presented. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission approve the request to hold the Circus on Thursday, July 3, 1980. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Decision - Zone Map Change from AS to M-1-T - John Mandeville Having delayed action on the request from John Mandeville for a Zone Map Change from AS to M-1, it was brought before the Commission for a decision. Mr. Mandeville was present to explain his reason for the Zone Map Change and advised the Commission that he was not in favor of the "T" designation. Paul Bolton, Planning Director, presented the staff report, and recommended that the Commission approve the Zone ~,1ap Change from AS to M-1 with the "T" designation. The City Manager reminded the Commission that he favored the "T" designation over the option of precluding certain types of uses for this proposed M-1 District. The City Manager offered the suggestion that the Commission waive the conditional use review fees for Mr. I Mandeville when he submits his request before the Zoning and City Commission. The Ci ty Manager further expressed hi s gratitude on behalf of the City Commi ss i on for the excellent cooperation on the part of the Mandeville family, concluding the satisfactory resolution of this matter; particularly the matter of the Waiver of Protest of Annexation. The Commission asked Mr. Mandeville if this option would be acceptable and Mr. Mandeville answered in the affirmative. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission concur in the recommendation of the Planning Director and approve the Zone Map Change from AS to M-1-T. The motion was carried by the following Aye and No vote: those voting Aye being Commis- sioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No being Commissioner Vollmer, and Commissioner Stiff. John Mandeville - Approval of Waiver of Protest The Agreement regarding the conditions attached to a Waiver of Protest dealing with the Mandeville rezoning request, as prepared by the City Attorney, was presented. The Mandeville's have agreed to waive all protests to the annexation by the City of Bozeman. The City of Bozeman agrees that it will not commence annexation of the real property con- taining approximately 10.000 acres for a period of five years from the execution of this agree- ment. so long as the Mandeville's, their heirs, executors and assigns do not subdivide, lease or otherwise transfer their interest or allow any other individuals to use said real property. For the purpose of this agreement, subdivision shall be the transfer, sale, granting, or leasing of any tract of land smaller than twenty acres to any person, assignee, grantee, corpora- I tion, partnership or any other individual. It is understood that this provision shall not apply to the transfer to a son or a daughter of John M. Mandeville and Donna R. Mandeville for the purposes of estate planning. This provision shall apply to any subsequent transfer by said son or daughter of the subject real property. It is further understood that this provision shall not apply to the leasing of a portion of an auction barn and office space contained therein together with parking improvements on the subject real property that exist nor or may hereafter be constructed by Mandeville. ~.' .', r ";'u;.) The City of Bozeman states that it will not commence annexation of the real property until the City of Bozeman has made available to the lot line of the subject real property utility services, including water, sewer, fire protection and police protection. The Agreement shall be binding upon the heirs, executors, assigns and grantees of Mandeville and shall be recorded in the Clerk and Recorder's Office of Gallatin County, Montana, to pro- vide notice to all subsequent purchasers of the contents of this agreement. I In consideration of the execution of this Waiver of protest to annexation, the City hereby agrees to the rezoning of said real property to an M-1-T classification, but the parties hereto agree that the City shall not be responsible or liable for the extension of utility services to the subject real property until the City, in its own discretion, determines that it is feasible, useful and beneficial to the City of Bozeman. Following discussion, it was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the Waiver of Annexation Agreement as presented. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commis- sioner Vollmer, Commissioner Swanson, and Mayor MacNab; those voting No being Commissioner Stiff. Public hearing - Conditional Use Permit - Steve Houser - construct building This was the time and place set for a continued pUblic hearing to consider the Conditional Use Permit for Steve Houser. The applicant seeks a conditional use permit which, if granted would allow the construc- tion of a 4,640 square foot building to be used for a cabinet/woodworking shop and leasable warehouse space. The location of the site is 1025 Story Mill Road, immediately south of the property belonging to Rowe Ice Company. The Planning Director presented the staff report which recommended approval subject to the site plan submitted as part of the application and subject to conditions. There being no one present to protest, the Mayor declared the hearing closed and a decision I will be forthcoming on Wednesday, March 19, 1980. Public hearing - Zone Map Change - Bob Braun - from AS to M-1 property southeast of Idaho Pole business and Bohart Lane This was the time and place set for a continued public hearing to consider the Zone Map Change for Bob Braun. The applicant seeks a change to the City's Official Zoning Map on approximately one-half acre located east of and adjacent to Interstate 90 and south of the abandoned Milwaukee Rail- road line. If approved, the current zoning designation of AS would change to M-1. The prop- erty is part of a larger parcel used for a mobile home park. The Planning Director presented the staff report which recommended that this proposed zone map change be denied as the major issue concerned with this proposed zone map change would appear to be reasonableness of present zoning as applied to land suitability/applicability versus requested zoning and existing land uses. The Applicant addressed the Commission stating that when he initially started this zone change, he didn't know whether to seek a zone change or a conditional use. He proceeded with the zone change as he understood that was the way to go. He advised the Commission that the property might be seen from the highway but that he intended to screen it with trees and a fence and he didn't intend for it to be an industrial site. He further stated his building will be new with no storage outside. The building will be used for storing some of his old cars and will be used for work (i.e. sawing lumber, etc.). He further stated he would be refur- biShing his old car collection, and producing metal sheds. I The Planning Director pointed out that zone map changes are not particularly concerned with the idea that a specific use might be allowed in that area, but if approved, the whole range of M-1 uses would be allowed in that area. There being no one present to protest, the Mayor declared the hearing closed and a decision will be forthcoming on Wednesday, March 19, 1980. Public hearing - Zone Map Change - Eugene Graf - from AS to R-2 and R-3 - 121 acres located south of Summit Engineering This was the time and place set for a continued public hearing to consider the Zone Map Change L} 56 for Eugene Graf. The zone map change, if approved, would change the existing zoning of AS to R-2. On November 21, 1979, the property was approved for annexation to the City of Bozeman, effective April 1, 1980. The total area approved for annexation was 121 acres. The petition for a zone map change was withdrawn at the Zoning Commission hearing. The petitioner now chooses to revise his original proposal from the rezoning initially thought advisable. Accordingly, the public hearing was opened, comments heard, the hearing closed without I action--pending a resubmission of the rezoning request. Public hearing - Zone Map Change - Ken Spain and Kent Wilson - from R-4 to B-2-T, Lots 11-18, Block 5 - Springbrook Addition This was the time and place set for a continued public hearing to consider the Zone Map Change for Ken Spain and Kent Wilson. The applicant seeks a Zone Map Change, which if granted, would change the zoning classification from R-4 to B-2-T. Said area is bounded by West Menden- hall Street and North 10th Avenue, and contains approximately 27,500 square feet. The existing medical/dental office in the newly constructed building at the corner of 11th Avenue and Mendenhall Street and the dental office at the corner of 10th Avenue and West Menden- hall Street are the only structures in the area being proposed for the zone map change. The applicants seek the zone map change so that other than medical offices could be used within the existing buildings (i.e., law offices, insurance offices, etc.). The Planning Director presented the staff report which recommended approval thereof. The expanded range of permitted office uses for the property in question would be allowed, while the single-family character of this neighborhood would be safeguarded with the attached "T" designation. The "T" designation would allow for resident input at scheduled public hearings for any future use that would be proposed for the site. A further qualification for this "T" district might be to prohibit any retail, manUfacturing, assembly, or wholesale uses on this site. Mr. Spain advised the Commission that this neighborhood is important to him and Dr. Wilson; they do not want to make an adverse change. The applicants want to maintain the level of quality .1 that they have tried to develop in this area. He added that professional offices (i .e. law offices, insurance offices) usually only have two or three clients per hour that need a place to park. He feels that it too will not affect the traffic pattern. Lee Cannon of 109 North Tenth Avenue advised the Commission that he spoke in opposition to the zone map change at the meeting held on March 5, 1980. He stated he would like to see the above area zoned B-2-T and withdrew his objections. Several other citizens were present to speak in favor of the Zone Map Change. The City Manager advised the Commission that he would like a letter from the other protes- tors expressing their opinion on the zone map change request. There being no further discussion on the proposed zone map change, the Mayor declared the hearing closed and a decision will be forthcoming on Wednesday, March 19, 1980. Public hearing - City/County Planning - proposed zone code amendment - Chapter 18.21, RS - Country Estates Major Revision This was the time and place set for a continued public hearing to consider a major revision to Chapter 18.21 of the Bozeman Zoning Code. The City Manager advised the Commission that it has been some time since this matter was heard by the City Commission and it seems advisable to re-advertise this matter, because of the interval involved. The Mayor declared the hearing closed. The Planning Director said the pUblic hearing has been re-advertised due to the excessive time period between the initial pUblic hearing notice and the reconsideration of this item. I Public hearing - Commission Resolution 2163 - Create paving on West Villard Street between Willson and Grand Avenue - SID 606 This was the time and place set in Commission Resolution No. 2163, to hear the protests to the creation of Special Improvement District No. 606, paving construction on West Villard Street between Willson Avenue and Grand Avenue. ; /"'., i ,c i.J i Affidavit of pUblication of Notice and the Clerk's mailing certificate stating all property owners had been notified as required by law were presented. There were no written protests on file and no one appeared to protest verbally. The Mayor declared the hearing opened and continued for a period of one week until Wednesday, I March 19, 1980. i I Consideration of construction bids - SID No. 599, 611, and 613 A letter received from Mr. James Cummings of Thomas, Dean & Hoskins, Inc., the City's engineer- ing consultants, was presented recommending that the award be made to Dugdale Construction, on the basis of their low bid in the amount of $737,477.00 for SID No. 599,605,611, and 613. Mr. Dugdale agreed to extend his SID No. 605 bid sixty days to April 6, 1980. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that Dugdale Construc- tion of Butte be awarded the bid for the construction of SID No. 599 in the amount of $188,535.45. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that Dugdale Construc- tion of Butte be awarded the bid for the construction of SID No. 611 in the amount of $75,423.20. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that Dugdale Con- struction of Butte be awarded the bid for the construction of SID No. 613 in the amount of $178,400.00 The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. I Decision - Commission Resolution No. 2159 - Town Pump Annexation The Town Pump property annexation hearing was held on Wednesday, February 20, 1980, and any action was deferred for a period of at least twenty days, for comments for or against the proposed annexation. There were no written protests on file, and no one appeared to protest verbally. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the extension of the boundaries of the City of Bozeman to include the Town Pump prop- erty, and the City Attorney be instructed and directed to draft an ordinance to be brought before the Commission for action on Wednesday, March 19, 1980. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, and Mayor MacNab; those voting No, none. Commission Resolution No. 2167 - Intent to annex approximately 65 acres belonging to Howard G. Barrick, etal property lying within Zoning District No.1 - public hearing April 16 Commission Resolution No. 2167 declaring it to be the intent to annex the Howard G. Barrick, etal property lying within the corporate limits thereof and containing approximately 65 acres, as prepared by the City Attorney, was presented entitled: COMMISSION RESOLUTION NO. 2167 A RESOLUTION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN AND THE INHABITANTS THEREOF, AND OF THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO THE SAID CITY OF BOZEMAN, AND HEREIN MORE PAR- TICULARLY DESCRIBED AND TO BE KNOWN AS THE BARRICK ANNEXATION TO EXTEND THE BOUNDARIES OF THE SAID CITY OF BOZEMAN SO AS TO INCLUDE THE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF. I It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that Commission Reso- lution No. 2167 be passed and adopted, and Wednesday, April 16, 1980 be the date set for public hearing. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. I'G8 ". ~ ,'; , "-. Commission Resolution No. 2168 - Reinactment of General Revenue Sharing Program Commission Resolution No. 2168 for the reinactment of the General Revenue Sharing Program, as prepared by the City Attorney, was presented, entitled: COMMISSION RESOLUTION NO. 2168 WHEREAS, General Revenue Sharing has been and is an essential part of the budget of the City of Bozeman, Montana, and I WHEREAS, the inflation effects on the expenditures of the local govern- ments has caused increases and property taxes are the basic source of revenue, and WHEREAS, General Revenue Sharing has helped to control the increases in property taxes, and WHEREAS, a greater need to fund essential services of local government will be required because of inflation, mandated costs and wages. NOW, THEREFORE BE IT RESOLVED that the Congress of the United States, and in particular the Montana Senators and Representatives, make every effort to reinact the General Revenue Sharing Program. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the Commission pass and adopt Commission Resolution No. 2168, for the reinactment of the General Revenue Sharing Program. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, and Mayor MacNab; those voting No, none. Request to attend school - Fi re departmentL Po li ce department, Nati ona 1 Roads and Street Conference A Fire Safety Education Meeting has been scheduled to be held in Great Falls, ~1arch 4-5, and the semi-annual meeting of the Montana Fire Marshal's Association meeting has been scheduled to be held in Helena, on March 14-15, 1980. The Fire Chief requested that Fire Marshal Lewis be granted permission to attend the meeting and, it being in the public interest, his expense I be paid from the appropriate fund. It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that Marshal Lewis be granted permission to attend the two meetings. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. A Homicide Investigation School has been scheduled for May 12-16, 1980, to be held in Cheyenne, Wyoming and the Colorado Association of Animal Control Officers have scheduled a meeting of the American Humane Association to be held in Fort Collins, Colorado, May 11-16, 1980, and the Chief of Police requested that Ron Green be authorized permiSSion to attend the Homicide Investigation School and Joy Peterson, Animal Control Officer, be authorized to attend the American Humane Association meeting and, it being in the public interest their expenses be paid out of the appropriate fund. It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that Ron Green and Joy Peterson be authorized to attend the meetings. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. A National Urban Runoff Program has been scheduled to be held in Denver, Colorado, and the City Manager requested that the City Engineer be authorized to attend the conference and, it being in the pUblic interest his expenses be paid out of the appropriate fund. It was moved by Commissioner Stiff, seconded by Commissioner Swanson, that the City Engineer be authorized to attend the conference. The motion was carried by the following Aye and No vote: I those voting Aye being Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, Commis- sioner Vollmer, and Mayor MacNab; those voting No, none. Application for raffle license - Downtown Merchants - Jaws of Life - April 9 The City Manager presented an application from the Downtown Merchants, along with the appro- priate fee for the purpose of holding a raffle on April 9, 1980. , (' (, ",' V .:J It was moved by Commissioner Swanson, seconded by Commissioner Mathre, that the Commission approve the application for the raffle license. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, and Mayor MacNab; those voting No, none. Consideration of Land Purchase - Don Strang - approximately 1/2 acre I The City Manager advised the Commission, that the City has an opportunity to purchase a parcel of land in the Northeastern part of the City. Several of the buildings that the City owns could be placed on the property at the time the library is built. The City Manager further stated that the appraisal cost would be shared with the seller if purchased by the City. If not purchased by the City, the entire appraisal costs would be the responSibility of the City. The Commissioners suggested that no action be taken at this time. Claims for March The general claims for the month of March, 1980 were presented. The City Manager had checked the claims and found them to be true and lawful claims against the City of Bozeman and recommended they be approved and the Director of Finance be instructed to issue the warrants in payment. It was moved by Commissioner Mathre, seconded by Commissioner Vollmer, that the Commission approve the claims. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, ;and Mayor MacNab; those voting No, none. Reports - Building Inspector Broad Valleys Federation of Libraries The report of the Building Inspector and the Broad Valleys Federation of Libraries was presented for acknowledgement and filing on Wednesday, March 19, 1980. I Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that the Commission meeting be adjourned. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none. Q.g~ - DUNCAN S. MACNAB, Mayor ATTEST: ri~ c:7p~ ERNA V. HARDING, Clerk of the City Commission I 1170 Bozeman, Montana March 19, 1980 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 19, 1980, at 1:15 o'clock p.m. Present were Mayor MacNab, Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, City Manager Gesko, City Attorney Planalp, and the Clerk. I Commissioner Stiff opened the meeting with a prayer whereupon the minutes of the regular meeting held on Wednesday, March 12, 1980 were approved as submitted. Continued hearing - Commission Resolution No. 2163 - Paving on W. Villard Street - SID 606 Having continued the hearing on Commission Resolution No. 2163, SID 606, paving on West Villard Street, for a period of one week, it was again brought before the Commission. A memorandum received from Paul Bolton, Director of Planning, was read as set forth in full: If the same income guidelines are used to assess the incomes of residents owning property on Villard (from Grand to Willson) as those used for qualifying for the rehabilitation program - it does not appear that any of the residents on Villard could be considered "low and moderate" income. We would therefore resist the use of the $25,000 amended in the 1976 grant budget to cover any subsidy for paving since the residents do not fit the low income category. We are hesitant to make any commitment of such funds pending a decision in writing from HUD as to what they would suggest be done in this situation. The properties have changed hands since the original decision was made to follow such a plan. The stated policy of HUD is that 51% of the resi- dents should be low and moderate income for street improvements to be assisted by grant funds. Our reluctance to authorize any funding is encouraged to avoid any liability for the City for misuse of grant funds. Contact with HUD on this date reveals the impossibility of using any grant funds in the paving of Villard since the residents or rather property owners do not fit Section 8 guidelines. The City Manager advised the Commission that the project was originally scheduled for I paving, using Community Development Block Grant funds. The funds were to subsidize low- and moderate-income families who would be assessed, but whose limited financial status would have prohibited the project without the subsidy. Only those of low- and moderate-income were to qualify for the subsidy; others would pay the normal amount. Criteria to determine eligibility as low- and moderate-income would be the same as for the rehabilitation program also funded with DCBG monies. The City Manager recommended that the hearing be continued until written confirmation has been received from HUD. The Mayor said the hearing will be continued for a minimum period of one week, and perhaps two. Public hearing - Commission Resolution No. 2165 - SID 605 - Paving and Storm Drain - Graf's Fi rs t Additi on This was the time and place set in Commission Resolution No. 2165, to hear the protests to the creation of Special Improvement District No. 605, paving and storm drain construction on Kenyon, Baxter, Chambers, and O'Connell Drives, all in Graf's First Addition. Affidavit of pUblication of Notice and the Clerk's mailing certificate stating all property owners had been notified as required by law were presented. There were no written protests on file and no one appeared to protest verbally. A letter received from Peter Townes, M.D., owner of Lot 9, Block 5, Graf's First Addition, supporting the Special Improvement District, was read. The Mayor declared the public hearing closed. I It was moved by Commissioner Vollmer, seconded by Commissioner Stiff, that a decision, and a resolution creating Special Improvement District No. 605 be forthcoming on Wednesday, March 26, 1980. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vollmer, Commissioner Stiff, Commissioner Swanson, Commissioner Mathre, and Mayor MacNab; those voting No, none.