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HomeMy WebLinkAbout2002-10-14 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 14, 2002 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, October 14, 2002, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown (for the afternoon session only), Commissioner Andrew Cetraro, City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, City Attorney Paul Luwe and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - January 18, 2000, and May 13 and October 2, October 3 and October 7, 2002 Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and May 13 and October 2, October 3 and October 7, 2002, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Approval of final plat for Amended Block 17, New Hyalite View Subdivision (subdivide 2.7 acres into 8 single-family residential lots and 1 lot of open space) (alono west side of Holly Drive at Ash Drive extended) (P-02038) Exemption from subdivision review - to create a Tract M within Tract 2, COS No. 1128 and an unplatted parcel for purposes of securing financing - Montana State University Foundation (for 1501 South 11th Avenue) (E-02014) Buildin~l Inspection Division report for September 2002 Claims It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being CommissionerYoungman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Informal review - Baxter Meadows Subdivision, Phase II, including a satellite lot for the Tracker commercial building - Baxter Meadows Development, LLC (I-02037) Included in the Commissioners' packets was a memo from Assistant Planner Karin Caroline, dated October 8, forwarding information on the proposed Phase II of Baxter Meadows Subdivision. Assistant Planner Karin Caroline noted that small diagrams of Phase I and Phase II were included in the Commissioners' packets. She indicated that Phase II is to be predominantly commercial, both community and neighborhood in scale, and high-density residential development. She noted that the developer is seeking Commission input on the proposed "Tracker" building, which is a 3-story, 26,000-square-foot building about a block from the main street within this development. She stated that the developer has requested a variety 10-14-2002 -2- of amendments to the approved planned unit development. Staff has reviewed those requested revisions and has found that many of them mirror what is allowed in the "B-3" zoning district. As a result, staff has suggested that a portion of Phase II be rezoned to "B-3," thus significantly reducing the number of modifications needed to accomplish the desired development. Responding to Mayor Kirchhoff, the Assistant Planner indicated that staff has had no opportunity to conduct additional reviews of the materials submitted or forward any additional comment. Mayor Kirchhoff voiced concern about providing input that might have the appearance of policy decisions without any professional staff input. Planning Director Andy Epple requested Commissioner comments on the merits of rezoning versus significant PUD modifications. He noted that the suggested "B-3" zoning complies with the Bozeman 2020 Community Plan, which was not yet completed when this property was initially zoned "BP." Another issue upon which the staffwould like Commissioner comment is the 100-acre park and whether it may count toward open space requirements for the development. Mr. Jeff Kanning, Collaborative Design Architects, Billings, reminded the Commission that the submittals for Phase I included large documents that they hope not to repeat with the future phases of this development. He stated that they wish to do concurrent installation of infrastructure and construction of buildings, as they have done in Phase I. He indicated that the bed and breakfast constructed in Phase I was selected as the favorite house in this year's Parade of Homes. He indicated that Baxter Meadows is a traditional neighborhood development with a network of streets, shade trees along the streets, a variety of dwelling types and some commercial development. He indicated that Phase I met the 30-percent open space requirement; however, he stated it may be more difficult to meet the 30-percent open space requirement in this phase and asked if 26-percent open space is acceptable. Responding to Commissioner Brown, Mr. Kanning stated that Tracker Technology approached Mr. Jerry Williams about office space. As a result of that contact, the developer is proposing to construct Neighborhood Center Building No. 1 on a lot in what has been identified as the neighborhood center prior to any other construction within Phase II. Mr. Kanning gave a power point presentation of the proposed Phase II, drawing attention to a variety of issues and amenities. He indicated that the neighborhood center is designed to provide a number of shops and local services as well as office and warehouse space. A majority of Baxter Meadows is located within a half mile of the center, except for a portion of the equestrian estates. A variety of housing types is located within the project, with high-density residential units to be located on the second and third floors of the neighborhood center. Responding to Mayor Kirchhoff, Mr. Kanning stated that accessory dwelling units have not yet been addressed; however, he anticipates they will be as the traditional homes are constructed in future phases of the overall project. He reviewed the various types of housing to be included in the project, stressing that affordability has a lot to do with the size of the home. Mr. Kanning indicated that the regional park is located to the south of Phase II and asked if a portion of that park can be used to meet the open space requirements for Phase II. He also asked if construction of an eight-story building within this development would be favorably considered. He indicated that wide alleys are proposed, to accommodate water and sanitary sewer services. Parking is to be provided in a central location in each block, and some of the blocks will include a pocket park in lieu of one building lot. He proposed that, in those blocks, the park double as a snow storage area and stormwater detention area. Mr. Kanning indicated that what has been identified as the "Tracker" building is also to serve as the competing local exchange character (CLEC) operations center for the entire subdivision. This center is designed to bundle services so that those within the development can obtain services such as cable television and telephone from the center rather than through other local providers. He reiterated the desire to construct this building before other development in Phase II, noting the lot is adjacent to Phase I and would be done in a manner consistent with the anticipated Phase II. He estimated that the building will take six to eight months to complete, and he anticipates Phase II would be ready for development about the time the building is completed. 10-14-2002 -3- Responding to Planning Director Epple, Mr. Kanning indicated they hope to have drawings ready to submit by November 15, with construction to begin after the first of the year and completion by September. Mayor Kirchhoff characterized his reaction to the proposed Phase II as very positive, noting it seems to respond well to the Bozeman 2020 Community Plan. He also indicated support for the proposal to rezone the property rather than pursue extensive revisions to the PUD. Commissioner Youngman indicated her concurrence with the Mayor's comments. Mayor Kirchhoff turned his attention to the regional park issue, noting that it was purchased. In light of that purchase, he does not support any proposal to allow that parkland to be counted toward open space requirements. He did, however, note his concerns about the open space requirements in planned unit developments. Planning Director Epple reminded the Commission that less than 30-percent open space can be provided in planned unit developments under certain circumstances. He then indicated that, as long as the open space in the overall project meets the 30-percent requirement, staffwould support allowing some phases to provide less open space. Commissioner Brown indicated his support for rezoning a portion of Phase II from "BP" to "B-3" and noted that any issues still outstanding after that rezoning can be addressed later. He then questioned whether open space can be used for snow storage. Responding to Commissioner Hietala, Mr. Kanning stated they have not designed any other projects similar to this one. He indicated that the initial planning was done by MithOn, and they have designed several projects similar to this. He identified some of the projects with which his firm has been involved, including the Homestead Development and St. Vincent's Hospital in Billings. He stated this is the only project of this type in the state, although there are about 150 similar projects around the country. Mr. Kanning asked if the Commission would give favorable consideration to the creation of an artificial lot in Phase II to allow the first commercial building to be constructed prior to Phase II being reviewed and approved. Planning Director Eppte indicated that a well-defined master plan update that shows where the building is to be located and assurances that it will fit architecturally with the remainder of the phase will be needed. He then cautioned that separating the building from the remainder of Phase II may result in some duplication of work, particularly in addressing infrastructure issues. Responding to Commissioner Hietala, Mr. Kanning stated they are trying to complete the dozen remaining items for Phase I prior to submitting the application for Phase II. He then projected that the materials for Phase II should be submitted by February 1, 2003. Mayor Kirchhoff encouraged the applicants to recognize that their work schedule impacts the City's schedule and asked that they be as efficient as possible to minimize the amount of duplicate work, stressing that staff must be available for everyone and not just this project. The applicant's representatives thanked the Commissioners for their comments. Informal review - South 11th Avenue alignment through Mahar Subdivision Included in the Commissioners' packets was a memo from Senior Planner Dave Skelton, dated October 9, forwarding the pre-application plan for Alder Creek Subdivision, located in the Mahar Subdivision. Senior Planner Dave Skelton gave a brief overview of the subdivision pre-application plan and conceptual master plan to subdivide +74.26 acres into 232 residential lots. He indicated that this development is to be completed in four phases and is to include dedicated parkland, open space, trails and waterways. He noted that the plan before the Commission is based on a substantial amount of feedback from the neighborhood. 10-14-2002 The Senior Planner stated that the Development Review Committee has reviewed this proposal and identified five principal points of discussion, including (1) alignment of South 11th Avenue, (2) identifying community resources and physical features to be protected and/or enhanced, (3) location of dedicated public parkland, (4)design of the internal street system, and (5)the pedestrian trail system and stream corridor. He noted that South 11th Avenue is identified as a collector in the transportation plan, and last week many of the Commissioners participated in a walk along the mid-section line alignment of that roadway between Kagy Boulevard and Goldenstein Lane. The Senior Planner stated that staff has found no compelling reason to not generally maintain a South 11th Avenue alignment on or near the mid-section line. He suggested that the amenities found along that section line could be accommodated by constructing a split street with median in the center for the stream and trees, or the street could be somewhat offset to preserve those features. Responding to Mayor Kirchhoff, Planning Director Epple stated the alignment of South 11 th Avenue shown on the conceptual plan is 400 to 500 feet west of the mid-section line. He noted that staff feels this proposed alignment compromises the South 15th Avenue alignment, which is located along the west edge of the subject property, and affirmed staff's position that it should be on or very close to the section line. Mr. Joe Mahar, applicant, stated that the design before the Commission is based on both feedback from those in the area of this development and input from the City. He indicated that the street alignment was moved to the west to save the creek and existing amenities on the property, including the trees and the house. He stated that it also allows for locating the condos on a natural bench on this property. Mr. Mahar stated the designer has done an outstanding job with the proposed parks, the landscaping along South Third Avenue, and the entrance to this subdivision from South Third Avenue. He then stated that the park area in what would be the South 11th Avenue alignment provides for protection of both the existing ditch and the reconstruction of Figgins Creek, which has been identified as desirable by the Montana Department of Fish, Wildlife and Parks. He concluded by voicing concern about the suggestion that all three streets be extended to the street along the north side of Sacajawea Middle School, mainly because of the congestion that could result. Responding to Commissioner Brown, Mr. Mahar stated there is not room to locate the street between the existing house and the ditch. Mr. Per Hjalmarsson, C&H Engineering, stated the infrastructure issues are being addressed. He then noted that the Department of Fish, Wildlife and Parks has suggested that Figgins Creek be re-created through this subdivision, essentially extending from the mid-section line in about the center of the property to the northeast, connecting to the linear park which runs through the Allison Subdivision. He noted that the creek is currently dry, while the ditch meanders generally along the South 11th Avenue alignment, having more the appearance of a stream and carrying water. He indicated that this ditch extends from the main east/west ditch along Goldenstein Lane and provides water to the MSU irrigation pond, and there is also another ditch to the west that will be maintained as it traverses this property. He then indicated there are no jurisdictional wetlands on this property, although there are some manmade areas that will need to be addressed. Ms. Holly Brown, attorney representing the applicant, stated the conceptual plan before the Commission is the result of a meeting with representatives from City staff, the neighbors, and Montana State University, and the request from Department of Fish, Wildlife and Parks. Also, they have tried to address the preservation of amenities, an expressed desire in the Bozernan 2020 Community Plan. The result is a larger park area with re-created stream flow for Figgins Creek as well as preservation of the existing irrigation ditch. She cautioned that if the street straddles the ditch and trees, those driving along the street will be the only ones enjoying that amenity. She then indicated that shifting the street alignment to the east does not work as well as shifting it to the west and asked what distance would be acceptable. She noted that the conceptual plan includes some cul-de-sac streets and requested Commissioner input on that issue. She also questioned the need for an east/west street through this development in light of Graf Street immediately to the north of this site. Responding to Commissioner Hietala, Ms. Brown stated that the right-of-way for South 11th Avenue south of this subject site is located along the mid-section line. She stressed that the key issue is how far the roadway can be moved from that alignment to accommodate features on the subject parcel. 10-14-2002 -5- Mayor Kirchhoff voiced his appreciation for the proposed plan. He then echoed the Development Review Committee's comments regarding extension of the two interior streets to the north edge of the school property, in addition to the street already proposed for extension to the school property. He concurred with the comments regarding the desirability of possible relocation of the parkland dedication to the northwest corner of the property, where it could be combined with parkland for other parcels, as well as providing a trail access along the existing driveway alignment from South Third Avenue. He concluded by voicing support for realignment of South 11th Avenue, noting that it can still serve for efficient movement of traffic in a warped grid system. Commissioner Hietala indicated his support for the conceptual plan, including the alignment of South 11th Avenue. Commissioner Youngman indicated that, while she recognizes the desire to shift South 11 th Avenue to accommodate existing features, she shares staff's discomfort with the proposed alignment. She suggested that the entire alignment of South 11th Avenue from Kagy Boulevard to Goldenstein Lane should be considered, particuladysince realignment of that roadway through this propertywill dramatically affect the properties to both the north and the south. She also questioned the desirability of restoring the Figgins Creek corridor, particularly in light of the potential that the Department of Fish, Wildlife and Parks may redesignate the existing ditch as a stream/ditch. Commissioner Youngman suggested that consolidating parkland between this property and the Allison Annexation to the north could make more sense and result in a large park more quickly than the previously planned consolidation of parkland between the Allison Annexation and the Boylan property to the west. She indicated support for an east/west trail connection through the property as well as the proposed north/south corridors. She then stated that one of her top priorities is protection of the trees that remain on this property. As a result, she is unsure whether a split street should be constructed or if it should be shifted slightly east or west of the section line to provide for better enjoyment of that amenity. Planning Director Epple reviewed the section line alignment on the aerial photo, noting that South 11th Avenue must be on that alignment at both Kagy Boulevard and Goldenstein Lane. He confirmed that shifting off that alignment will have an impact on some of the property owners along that corridor. He then turned his attention to the water rights in the ditch, noting that Montana State University holds many of those rights; and there may not be enough water remaining in that ditch for diversion to re-create the Figgins Creek corridor. Commissioner Brown stated the concept plan looks nice and might be optimum for this subject property, but it creates significant road alignment impacts for those properties to the north and the south. He voiced his agreement that the street should remain as close to the section line alignment as possible. He concluded by voicing his support for east/west connectivity through the property. Commissioner Cetraro indicated his concurrence with Commissioner Brown's comments, stating that connectivity is important. Mayor Kirchhoff stated that the street system needs to be as close to a grid system as possible. He then noted that, in light of the other Commissioners' comments, he recognizes the importance of locating South 11th Avenue closer to the section line. Responding to questions from Ms. Holly Brown, Director of Public Service Debbie Arkell acknowledged that South 11th Avenue cannot logically be placed on the mid-section line alignment because of the natural features. She indicated that staff is willing to work with splitting the roadway or shifting it slightly to protect the active ditch; however, she stressed that it is important to ensure the road alignment works for the properties to the north and the south of this subject parcel. Responding to Commissioner Cetraro, Planning Director Epple noted that the alignment of South 11th Avenue across the property to the north has been identified; however, he suggested it may be possible to modify that alignment since no specific plans have been approved for development of that property. Ms. Brown stated that the developer's team has requested that the Director of Public Service identify existing rights-of-way for South 11th Avenue to help them better identify the most desirable alignment for that roadway through this property. 10-14-2002 -6- Mayor Kirchhoff concluded the discussion by noting the Commission endorses the idea of having the stream open and accessible and generally applauds the conceptual plan, but also recognizes the need to shift South 11th Avenue closer to its proper alignment. He thanked the development team for its efforts to provide a good project on a difficult piece of property. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Sanford. Replacement page for the subdivision regulations, submitted by Associate Planner Jody (2) Notice that the County offices are closed on Monday for the Columbus Day holiday and that the Open Lands Board meeting is rescheduled for October 21 at the Fairgrounds. (3) Agenda for the School Board meeting to be held at 7:00 p.m. on Monday, October 14, at the Willson School. (4) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, October 15, at the Willson School. (5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, October 15, at the Professional Building. (6) Agenda for the County Board of Adjustment meeting to be held at 4:00 p.m. on Tuesday, October 15, at the Law and Justice Center. (7) Memo from Planning Secretary Carol Schott, dated October 10, announcing that the City Planning Board and Zoning Commission meetings for October 15 have been cancelled due to the lack of agenda items. (8) Agenda for the Transportation Coordinating Committee meeting to be held at 9:30 a.m. on Wednesday, October 16, in the Commission Room. (9) Minutes from the Montana Transportation Commission meeting held on July 18, the telephone meeting held on July 26, the telephone meeting held on August 2, and the telephone meeting held on August 9, 2002. (10) Planning Director Andy Epple introduced Hillary Hertler, the new Historic Preservation Officer, to the Commission. (11 ) City Manager Johnson reminded the Commissioners of the library design meeting, which begins at 6:30 p.m. at the Hager Auditorium. As a result of discussion, the Commissioners agreed to attend the beginning of the meeting, with four of the Commissioners returning to the Commission meeting at 7:00 p.m. and Commissioner Brown remaining at the library meeting to represent the Commission. (12) City Manager Johnson announced that both he and Assistant City Manager Ron Brey will be out of the office on Thursday and Friday and that Director of Public Service Debbie Arkell will serve as Acting City Manager. Mayor Kirchhoff voiced concern about the difficulties that have arisen in the past without a top administrator in the office. As a result of discussion, the Commissioners agreed that, in this instance, no problems should be encountered. (13) The City Manager distributed copies of the weekly update report. 10-14-2002 -7- (14) Friday. Planning Director Epple announced that he, too, will be out of the office on Thursday and (15) CityAttorney Paul Luwe submitted the following. (1) Announced that hewill be out ofthe office from October 17 through October 28. (2) Presented to the Commission the plaque awarded to the City at the Montana League of Cities and Towns Convention last week for the most improved experience modification factor for the Workers' Compensation Program for First and Second Class Cities. He noted that the modification factor improved by 25 percent, which means the City's workers are more safety conscious and the City will see lower premiums as a result. (16) Commissioner Hietala indicated he has been asked to go to Helena on Tuesday to accept an award on behalf of the City. Commissioner Brown stated that he, too, had been asked to accept that award; Commissioner Hietala deferred to him. (17) Mayor Kirchhoff stated he can no longer fulfill his duties on the City-County Board of Health due to a scheduling conflict. He asked that a replacement appointment be put on the upcoming agenda, noting that Commissioner Hietala has indicated a willingness to fill the vacancy. (18) Commissioner Cetraro stated that he has encountered additional scheduling conflicts with the City Planning Board and requested that he be replaced. Commissioner Brown voiced an interest in filling that position. (19) Commissioner Brown stated that he attended a two-day conference on underage drinking and training of hospitality workers last Thursday and Friday. He obtained extra packets of information, which will be available in the Commissioners' general mailbox. Recess - 5:15 p.m. Mayor Kirchhoff recessed the meeting at 5:15 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Commissioner attendance at library design meeting Mayor Kirchhoff, Commissioner Youngman, Commissioner Hietala and Commissioner Brown attended the first half hour of the library design meeting, which began at 6:30 p.m. at the Hager Auditorium in the Museum of the Rockies. Commissioner Brown remained at the meeting as the Commission's representative. Reconvene - 7:00 p.m. Mayor Kirchhoff reconvened the meeting at 7:00 p.m. Public hearing - Preliminary plat for Broadwater Court major subdivision - Quest West, LLC - subdivide 3.29 acres described as Block J, Ferguson Meadows Subdivision, into 45 lots for townhouse residential development, with relaxation from Section 16.14.130, Bozeman Municipal Code, to allow for a 35-foot stream setback adjacent to Ferguson Avenue (P-02036) This was the time and place set for the public hearing on the preliminary plat for Broadwater Court Major Subdivision, requested by Quest West, LLC, under Application No. P-02036, to subdivide 3.29 acres described as Block J, Ferguson Meadows Subdivision, into 45 lots for townhouse residential development, with relaxation from Section 16.14.130 of the Bozeman Municipal Code, to allow for a 35-foot stream setback adjacent to Ferguson Avenue. The subject property lies along the east side of Ferguson Avenue between West Babcock Street and Broadwater Street. 10-14-2002 -8- Included in the Commissioners' packets was a memo from Assistant Planner Karin Caroline, dated October 10, requesting that this item be tabled indefinitely to give staff and the applicant an opportunity to resolve planning issues within the proposed planned unit development. Itwas moved by Commissioner Hietala, seconded by Commissioner Cetraro, that this item be tabled indefinitely. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Public hearing - Commission Resolution No. 3541 - levying and assessing lighting districts for Fiscal Year 2003 This was the time and place set for the public hearing on Commission Resolution No. 3541, entitled: COMMISSION RESOLUTION NO. 3541 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING MAINTENANCE AND ELECTRICAL CURRENT COSTS FOR SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICTS OF THE CITY OF BOZEMAN. Mayor Kirchhoff opened the public hearing. Administrative Services Director Miral Gamradt gave a brief overview that pertains to all of these public hearings. He noted that the state law permits the City to place certain charges on the SID assessments, including lighting districts, sidewalk construction programs, and delinquent sewer and snow removal charges. He stated that if the assessments go unpaid, the City can place a lien on the property for those charges. The Administrative Services Director turned his attention to the lighting districts, noting that the City simply serves as intermediary. He indicated that the City pays the bills for the fiscal year and, at the end of the year, accumulates the costs and determines the assessments based on those costs. He stressed that this is simply a break even program, with no administrative costs assessed. No one was present to speak in support of or in opposition to the proposed assessments. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that Commission Resolution No. 3541, levying and assessing lighting districts for Fiscal Year 2003, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Public hearing - Commission Resolution No. 3543 - levying and assessing Business Improvement District (BID) for Fiscal Year 2003 This was the time and place set for the public hearing on Commission Resolution No. 3543, entitled: COMMISSION RESOLUTION NO. 3543 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2003 UPON ALL REAL PROPERTY IN THE BUSINESS IMPROVEMENT DISTRICT, LOCATED IN THE CITY OF BOZEMAN'S DOWNTOWN AREA, TO DEFRAY THE ESTIMATED COST AND EXPENSE TO BE INCURRED IN THE BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR. Mayor Kirchhoff opened the public hearing. 10-14-2002 -9- Ms. Marilyn Tracz, Executive Director of the Downtown Bozeman Partnership, reminded the Commissioners that they had considered and approved the work plan and budget for the Business Improvement District for Fiscal Year 2002-2003 at their August 5 meeting. She then indicated that these assessments cover the costs of that program. No one was present to speak in support of or in opposition to the proposed assessments. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that Commission Resolution No. 3543, levying and assessing the Business Improvement District for Fiscal Year 2003, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Public hearing - Commission Resolution No. 3544 - levying and assessing 2000 Sidewalk Program This was the time and place set for the public hearing on Commission Resolution No. 3544, entitled: COMMISSION RESOLUTION NO. 3544 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AN ASSESSMENT AND TAX AGAINST EACH LOT OR PARCEL OF LAND IN FRONT OF WHICH SIDEWALKS, CURBS, GUTTERS, AND ALLEY APPROACHES OR ANY COMBINATION THEREOF HAVE BEEN CONSTRUCTED UNDER ORDER OF CITY COMMISSION DATED MAY 15, 2000, FOR THE 2000 SIDEWALK PROGRAM, TO DEFRAY THE COST OF CONSTRUCTION OF SAID SIDEWALKS, CURBS, GUTTERS AND ALLEY APPROACHES OR ANY COMBINATION THEREOF. Mayor Kirchhoff opened the public hearing. Administrative Services Director Miral Gamradt stated that $106,000 in sidewalk construction was recently completed under the 2000 Sidewalk Program. This resolution provides for assessment of those costs, to be paid over a five-year period. No one was present to speak in support of or in opposition to the proposed assessments. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Cetraro, that Commission Resolution No. 3544, levying and assessing the 2000 Sidewalk Program, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Public hearing - Commission Resolution No. 3545 - levying and assessing delinquent special garbage collections for Fiscal Year 2002 This was the time and place set for the public hearing on Commission Resolution No. 3545, entitled: COMMISSION RESOLUTION NO. 3545 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE OF COLLECTING, REMOVING AND DISPOSING OF SOLID WASTE. Mayor Kirchhoff opened the public hearing. 10-14-2002 -10- No one was present to speak in support of or in opposition to the proposed assessments. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that Commission Resolution No. 3545, levying and assessing delinquent special solid waste collection charges for Fiscal Year 2002, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Public hearing - Commission Resolution No. 3546 - levying and assessing delinquent sewer charges for Fiscal Year 2002 This was the time and place set for the public hearing on Commission Resolution No. 3546, entitled: COMMISSION RESOLUTION NO. 3546 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO COLLECT DELINQUENT SEWER CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-13-4309, MONTANA CODE ANNOTATED. Mayor Kirchhoff opened the public hearing. No one was present to speak in support of or in opposition to the proposed assessments. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that Commission Resolution No. 3546, levying and assessing delinquent sewer charges for Fiscal Year 2002, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Public hearing - Commission Resolution No. 3547 - levying and assessing delinquent snow removal charges for Fiscal Year 2002; set public hearing for October 14, 2002 This was the time and place set for the public hearing on Commission Resolution No. 3547, entitled: COMMISSION RESOLUTION NO. 3547 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF CHAPTER 12.24 OF THE CITY OF BOZEMAN MUNICIPAL CODE. Mayor Kirchhoff opened the public hearing. No one was present to speak in support of or in opposition to the proposed assessments. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. 10-14-2002 -11 - It was moved by Commissioner Hietala, seconded by Commissioner Cetraro, that Commission Resolution No. 3547, levying and assessing delinquent sidewalk snow removal charges for Fiscal Year 2002, befinallyadopted. The motion carried bythe following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Adjournment - 7:12 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hietala, seconded by Commissioner Cetraro, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. STEVEN'R. KIRCH~OFF, Mayor ATTEST: L. SULLIVAN Clerk of the Commission 10-14-2002