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HomeMy WebLinkAbout1999-10-18 Minutes, City Commission "...~.,,~tI,',"O..:,- .----- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN. MONTANA October 18. 1999 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, . Municipal Building, on Monday, October 18, 1999, at 3:00 p.m. Present were Mayor Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, City Manager Johnson, Assistant City Manager Brey, Staff Attorney Cooper (for the afternoon session), City Attorney Luwe (for the evening session) and Clerk of the Commission 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 - ADril 26. June 21. Julv 6. Julv 19. Auaust 2. Auaust 16. SeDtember 7. September 13. SeDtember 20. October 4 and October 11. 1999 It was moved by Commissioner Smiley. seconded by Commissioner Rudberg, that the minutes of the meeting of October 4. 1999, be approved as submitted and that the minutes of the meeting of October 11, 1999, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none. Mayor Youngman deferred action on the minutes of the meetings of April 26, June 21, . July 6, July 19, August 2, August 16, September 7, September 13 and September 20, 1999 to a later date. Public review of recommendations from CDBG Economic Development Loan Review Committee re loan to Peak Analytical Services. Inc. Included in the Commissioners' packets was a copy of the application for a loan from the Community Development Block Grant (CDBG) Economic Development Revolving Loan Fund as submitted by Peak Analytical Services, Inc. Mr. Greg Metzger, member of the CDBG Economic Development Loan Review Committee, forwarded the Committee's unanimous recommendation for approval of a $100,000 loan, subject to several terms outlined in the memo dated October 1. He noted that Peak Analytical Services, Inc., is an 18-month-old laboratory which has overcome a number of start- up issues and is now prepared to expand. He noted that more than half the company's revenues come from outside the area, the company is located inside city limits, they propose to provide 1 to 1 matching funds, and they project the creation of up to seven jobs over the next year. Based on this information, he stated the Committee encourages approval of the application. Mr. Charles Ballek, Peak Analytical, gave a brief overview of his company's operations, . noting they provide chemical analyses of environmental samples, often soils or water, to determine compliance with EPA regulations. He noted that their services may be used in sites like old abandoned mines, or on commercial sites involved in property transfers, or to check performance at sites like wastewater treatment plants, or where there is little environmental history, such as in private wells. Mr. Ballek noted that he initially moved to Bozeman in 1989, but was transferred by the company for which he worked. He indicated that he returned to Bozeman in 1994, but the company closed its doors. At that time, he and his family decided to stay in Bozeman and began the steps to start this business. He noted that his major shareholder, Scott Badley, is an 1 0-1 8-99 ... -.-..---- - 2 . MSU graduate who had also decided he wanted to remain in Bozeman. He then stressed that the work force in Bozeman is educated, motivated and talented, and he wishes to take advantage of that resource. He concluded by thanking the Gallatin Development Corporation for their assistance and encouraging Commission approval. Mr. Scott Badley indicated his concurrence with Mr. Ballek's comments and encouraged quick approval of this application, so they can move forward with expansion of the business. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the . Commission approve the request by Peak Analytical Services, Inc., for a $100,000 loan from the CDBG Economic Development Revolving loan Fund, subject to the following terms and conditions: 1. The $100,000 will be made available in $25,000 increments, subject to 1: 1 matching funds. 2. The interest rates and repayment provisions shall include: an initial interest rate of 6 percent, based on a five-year amortization schedule which begins on January 1, 2001. At January 1, 2004, the interest rate will be fixed for the remaining two years at the then-current New York Prime Rate, and the amortization schedule will be adjusted to reflect full repayment by December 31, 2005. 3. Any personal loans to Peak Analytical Services must not be repaid more quickly than interest only for the first three years, at an interest rate not to exceed 6 percent, and a subsequent amortization schedule of at least five years. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, . none. Presentation re $5 million EPA grant for sewer and stormwater needs City Manager Johnson noted that staff is providing an update on the status of the $5 million EPA grant because of the far.reaching implications involved. He noted that, at the conclusion of this presentation, he will seek Commission authorization to sign the final grant documents. City Engineer Craig Brawner provided some background information, noting that in March 1998, the City submitted a proposal to Senator Conrad Burns for $12 million in water and sewer improvements for existing infrastructure. He noted that the federal appropriations included $5 million for sewer and stormwater improvements, with a requirement for a 45- percent local match, so he revised the grant to reflect those changes. He noted that Superintendent of Facilities and Public lands James Goehrung and Water/Sewer Superintendent Mike Certalic did a significant amount of the work in identifying the original list of projects for this application. The City Engineer stated that the list of projects contained in the grant application is from the Capital Improvement Program and the Wastewater Facilities Plan. He distributed copies of a sheet showing the preliminary sewer/stormwater needs for the application along . with a map from the Facilities Plan showing where the primary deficiencies exist in the wastewater system. He noted that a majority of the projects pertain to sewer improvements with a Stormwater Master Plan Update being the only project proposed for that portion of the monies, since staff is awaiting the development of federal and state requirements for stormwater. The City Engineer stated the first step will be to get EPA approval of the Wastewater Facilities Plan, noting that some local laterals have been identified as projects to be added to that plan to qualify for funding under this program. He also noted that the digester covers at the Wastewater Treatment Plant have developed holes and need replacing, so they also need 1 0-1 8-99 -. - 3 - to be added to the plan. He estimated that updating of the plan and subsequent approval from EPA will take approximately six months. He stated the next step will be to identify the sources of local match funds, suggesting that sewer rates, revenue bonds and impact fees are options to be considered. Responding to Commissioner Rudberg, City Manager Johnson indicated that the Commission will have several options to consider in funding the local portion of these projects. He also indicated that the grant documents do not include any penalty for using only a portion of the grant monies. . Administrative Services Miral Gamradt distributed an information sheet outlining the options the Commission may wish to consider for funding of the City's share of the project and setting forth the policy questions upon which staff is seeking direction. He noted that the local match for the $5 million in federal monies is $4.1 million. He stated that the Capital Improvement Program includes $1.8 million in sewer projects, with the sources of revenue for those projects already being identified. He noted that those monies could be used as part of the City's match, or the Commission could choose to set those projects and monies aside and identify another $4.1 million for the match. The Administrative Services Director noted that the issuance of revenue bonds will carry with it a need to increase the rates. He stated, however, that 37 percent of the 45 percent surcharge for the solvent site is scheduled to sunset on June 30, 2001, and the rate increase to cover the costs of retiring the new bond issue could be timed to coincide with that scheduled rate decrease. He reviewed the projected rate increases to retire $4.1 million and $2.3 million in revenue bonds, based on 5 percent interest and 15-year bonds, noting that the rate increases would be 26 percent and 15 percent, respectively, which will still result in lower sewer bills. City Manager Johnson noted that a third option would be to consider not utilizing the entire $5 million in federal monies, indicating that if the City were to use only its $1.8 million in projects identified in the Capital Improvement Program, the overall project total would be . approximately $5 million. Responding to Commissioner Rudberg, the Administrative Services Director stated the remaining 8 percent surcharge is projected to remain in place for the next twenty years or more, and will cover the costs of monitoring the solvent site. Responding to questions from Commissioner Rudberg, City Engineer Brawner indicated that pre-award approval must be sought after the fact, and he will find out if other items, such as recent changes at the Wastewater Treatment Plant, can be counted in the City's 45 percent match. Responding to Commissioner Frost, the City Engineer estimated that the City will have four or possibly five years to complete the construction, close out the projects and be audited under this grant. Responding to questions from the Commission, Administrative Services Director Gamradt asked the Commission to consider the philosophical questions at this time without necessarily trying to identify the revenue sources. He noted the key issue is identifying whether or not the Commission wishes to include the $1.8 million in sewer projects already scheduled in the local match. Responding to Mayor Youngman, the Administrative Services Director indicated that . revenue bonds do not affect the bond capacity and are not voter approved. He noted, however, that they are dependent on the financial condition of the revenue fund and its ability to repay the bonds, and the uncertainty of the solvent site will have a negative impact on that. Responding to Commissioner Rudberg, City Engineer Brawner stated that the $167,000 listed under the Inflow and Infiltration (1&1) Study is actually to begin construction work on certain areas. He recognized that the study has not been presented to the Commission, but is scheduled for submittal in November. 10-18-99 - 4 - The Commissioners recognized the need to provide information to the public and to listen to the input provided when determining the level of local funding and whether that funding should include the $1.8 million already in the Capital Improvement Program. They also recognized the importance of making it clear that the 37 percent surcharge for the solvent site has been sunset and removed and that the increase to service the debt will not be as great. They also stressed the importance of retaining the public trust throughout this process. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission authorize and direct the City Manager to sign the final grant documents for a $5 . million EPA grant for sewer and stormwater needs. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No, none. ADDointments to Fire Board of ADDeals Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated October 14, forwarding the list of applicants for this board. Responding to Commissioner Rudberg, Fire Chief Aaron Holst indicated that the Fire Chief, or his designee, is an ex officio member of the Fire Board of Appeals and acts as the secretary of the board. He indicated that it would be inappropriate to have a City staff member involved in administering the code serve as a voting member on that board. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission appoint the following to the Fire Board of Appeals: Gene S. Brooks and Don E. Stueck, with initial terms to expire on December 31, 2000, and Larry M. Barnard and Robert V. Lashaway, with initial terms to expire on December 31, 2001. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none. . Discussion - Commissioner Droiects None of the Commissioners forwarded any comments under this agenda item. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Letter from Philip Gray, 1207 South Black Avenue, dated October 4, expressing concern about the stone barrier recently constructed in Spring Creek. Responding to Commissioner Smiley, City Manager Johnson stated this matter has been forwarded to the appropriate State agency. He noted it is not uncommon for children to construct dams in the creek, and they are generally removed very quickly; however, for some reason, this dam has been missed. (2) Announcement that a Cemetery Board meeting is to be held at 2:00 p.m. on Thursday, October 21, in the Conference Room. . (3) Announcement of the Brown Bag Lunch seminar scheduled for noon on Thursday, October 21, at the Courthouse. (4) Copy of a letter of thanks from Fire Chief Holst to the Bozeman Deaconess Hospital, dated October 14, for their $6,000 contribution toward purchasing automatic external defibrillators. The City Manager noted this is a great boost to the City's program. 10-18-99 -- - - 5 - (5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, October 19, in the Commission Room. (6) Agenda for the City Planning Board meeting to be held at 7:00 p.m. on Tuesday, October 19, in the Commission Room. (7) Agenda for County Commission meeting to be held at 9:00 a.m. on Tuesday, October 19, at the Courthouse. . (8) Agenda for the Montana Transportation Commission meeting to be held on Wednesday, October 20 in Broadus, Montana. (9) Agenda for the Cemetery Board meeting to be held at 2:00 p.m. on Thursday, October 21, along with a copy of the draft minutes from the meeting held on August 12. (10) City Manager Johnson submitted his weekly report, as follows. (1) Stated he had a nice time visiting with the foreign guests last week. (2) Announced that paving along the west side of North 19th Avenue between West Oak Street and Baxter Lane will occur this week; and that will be followed by widening on the east side of the street and possibly paving before snow flies. He stated that paving of Oak Street between North 7th Avenue and North Rouse Avenue is also scheduled for later this week. (3) Showed the Commissioners a brochure on a "Tools of Community Development" seminar being sponsored by the University of Montana. (11 ) The City Manager distributed copies of the Joint Dispatch Listing of Positions for FY2000 and Joint Dispatch Fund Balance Sheet FY99 Final Operating Budget, as prepared by County Fiscal Officer Ed Blackman, noting this information is provided in response to questions from Commissioner Frost. He noted that both the sources of revenue and estimated expenditures are included. He reviewed some of the revenue sources, noting that the total from the charge on telephone bills is approximately $165,000. He stated that the City Commission . has approved $257,258 in its budget for the City's portion of the 9-1-1 operation, which includes funding for one-half of a new dispatcher; and the $45,000 for the window will be transferred from the Police Department budget to the 9-1-1 operations budget. He stressed that this is in addition to the $15,387 which the City has budgeted for its half of the position currently filled by John Poppe. He then highlighted some of the other revenue sources, and noted that the budget for Fiscal Year 2000 reflects an estimated $888,708 in revenues and $1,133,993 in expenditures. He indicated that this difference between revenues and expenditures must be reconciled in the number of dispatchers, which is the reason he distributed the listing of positions. Responding to Commissioner Frost, the City Manager stated that the records division is now under the 9-1-1 center; however, it is anticipated that records and manning of the window will be split out from the 9-1-1 center, and the budget for the upcoming fiscal year has been divided in an effort to accommodate that split. Responding to Commissioner Rudberg, the City Manager stated that, under NCIC requirements, when a call is received about an outstanding warrant, the records person has ten minutes to lay his or her hands on the paper document. He noted that under the present system, the warrants are maintained by the person serving them, which means that individual must be contacted or access provided to the area where they are stored. He stated that by combining records and the manning of the window, the individual receiving the call would have ready access to those paper documents. Also, he indicated that the routine business calls are . also to be rerouted to the window personnel, thus relieving pressure on the 9-1-1 center. Responding to Commissioner Rudberg, Fire Chief Aaron Holst stated that Allen Armstrong, GIS Manager for the County, has sent the latest round of data to Boulder, Colorado, to be checked for accuracy. He noted that if it falls within the acceptable range, the enhanced 9-1-1 operations will be ready. He indicated that once the system is up and running, additional information can be input without going through US West for verification of accuracy. ( 12) Fire Chief Aaron Holst noted that the Commission encourages the staff to participate and work in the community, and enjoys recognizing those employees when they do 10-18-99 ....m_ ...__ - 6 - something exceptional. He stated that the Fire Department has been interested in improving its emergency medical services and, in attempting to do so, is taking steps to get all of the staff certified at the EMTD level. He indicated that, prior to the end of last year, one-third of the firefighters attained that certification, another one-third have recently received their training and certifications, and the remaining one-third will do so early in Calendar Year 2000. He noted that, through training locally and while firefighters are on duty, the costs have been minimized. The Fire Chief noted that one of those instrumental in accomplishing these certifications is John Alston, the City's Assistant Water/Sewer Superintendent. He noted that Mr. Alston . coordinated the training and conducted much of it for the recent certifications, which involved hundreds of hours of training, testing and evaluating delivery of the service. He noted that Mr. Alston did this on his own time and refused compensation. In an effort to recognized his efforts, the Fire Chief stated that he submitted Mr. Alston's name for the MEMSA Instructor/Coordinator of the Year; and, at the annual conference held last week, he was given that award. He concluded by introducing Mr. Alston to the Commission, characterizing his as a good City employee and a partner in the community. The Commission thanked Mr. Alston for his work and congratulated him on his award. ( 13) Staff Attorney Cooper stated that he attended a seminar in San Antonio last week, and distributed an outline of the sessions in which he participated. He characterized it as a worthwhile and useful course. (14) Mayor Youngman submitted the following. (1) Thanked the City staff for their assistance is providing information to the visiting Croatians last week. (2) Attended the Recreation and Parks Advisory Board meeting last week. (3) Attended the Board of Health meeting last week, at which a new health code involving gloves was discussed. She asked for any Commissioner input prior to next month's Board meeting. (4) Attended a portion of the Montana Association of Planners annual conference last week. . ( 15) Commissioner Smiley submitted the following. (1) Noted that she has enjoyed reading the minutes from the group desiring to preserve Willson Avenue. She asked that the Commission also receive the minutes from the Historic Preservation Advisory Board meetings, particularly since they are being Quite active at this time. (2) Stated that the City Planning Board continues to meet on a weekly basis, in an effort to get their work done on time. ( 16) Commissioner Rudberg submitted the following. (1) Noted that an article in the recent Nation's Cities Weekly encouraged communities to make efforts to stop the change in the CDBG formula, and asked if the City should be contacting local senators; the City Manager responded that he already has. (2) Asked the future Commission to encourage writers for the Exponent and Hawk Tawk to attend Commission meetings at which items of interest, such as skateboarding and dogs, are discussed, so they can learn about the process and help to bridge the gap between City government and the youth in the community. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Acknowledge receict of staff recort - reauest for annexation of 34.555 acres described as COS No. 2085. in the SEY4. Section 2. T2S. R5E. MPM (between Durston Road and West Oak Street. east of Covered Wagon . Mobile Home Park and west of the Gallatin County Rest Home) Commission Resolution No. 3330 - intent to annex 34.555 acres described as COS No. 2085. in the SEY4. Section 2. T2S. R5E. MPM (between Durston Road and West Oak Street. east of Covered Wagon Mobile Home Park and west of the Gallatin County Rest Home) COMMISSION RESOLUTION NO. 3330 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, 10-18-99 -------...----------- --- . ......--..-- -.. ... .--. _~:,~,v_., - 7 - MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Ratifv City Manager's sianature on Contract for Services between Citv and . Yaraer Decker & McDonald. Inc.. for position classification study Award bid for one used one-ton cab and chassis for Street Decartment - Ken's 1-90 Auto Sales. Columbus. Montana - in the bid amount of $22.350.00 Acknowledge receiDt of cetitions for the creation of sDecial imcrovement districts for water. sewer and Davina in Vallev West Annexation; refer to staff Building InsDection Division report for SeDtember 1999 Claims It was moved by Commissioner Rudberg, seconded by Commissioner Frost, 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 Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Recess - 4:28 c.m. Mayor Youngman declared a recess at 4:28 p.m., to reconvene at 7:00 p.m., for the . purpose of conducting the scheduled public hearings. Reconvene - 7:00 c.m. Mayor Youngman reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Public hearina - Commission Resolution No. 3321 -Ievving and assessina SID No. 664 (Daving of West Beall Street between North 23rd Avenue and North 25th Avenue) This was the time and place set for the public hearing on Commission Resolution No. 3321, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3321 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 664 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRA Y THE COST OF CONSTRUCTING AND MAKING THE . IMPROVEMENTS WITHIN SAID EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 664. Mayor Youngman 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 Youngman closed the public hearing. 1 0-1 8-99 .. ..------- ___m_.". - 8 - It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Commission Resolution No. 3321, levying and assessing Special Improvement District No. 664, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No, none. Public hearinQ - Commission Resolution No. 3322 - levvinQ and assessinQ SID No. 665 (Northwest Waterline) . This was the time and place set for the public hearing on Commission Resolution No. 3322, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3322 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 665 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRA Y THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 665. Mayor Youngman 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 Youngman closed the public hearing. . It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that Commission Resolution No. 3322, levying and assessing Special Improvement District No. 665, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none. Public hearinQ - Commission Resolution No. 3323 - levving and assessina lightina district assessments for Fiscal Year 2000 This was the time and place set for the public hearing on Commission Resolution No. 3323, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3323 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 Youngman 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 Youngman closed the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that Commission Resolution No. 3323, levying and assessing lighting assessments for Fiscal Year 2000, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. 10-18-99 -.---... ---..---- -- -----..--.-.------ -- --.- ..- -------.-----.--.--. ..-----.----".--..-....". - 9 - Public hearing - Commission Resolution No. 3324 - levying and assessing delinauent garbau~ assessments for Fiscal Year 1999 This was the time and place set for the public hearing on Commission Resolution No. 3324, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3324 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 Youngman 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 Youngman closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Commission Resolution No. 3324, levying and assessing delinquent garbage assessments for Fiscal Year 1999, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No, none. Public hearing - Commission Resolution No. 3325 - levving and assessing delinquent sewer charaes for Fiscal Year 1999 . This was the time and place set for the public hearing on Commission Resolution No. 3325, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3325 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 DELlNOUENT SEWER CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-13-4309, MONTANA CODE ANNOTATED. Mayor Youngman 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 Youngman closed the public hearing. . It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that Commission Resolution No. 3325, levying and assessing delinquent sewer charges for Fiscal Year 1999, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none. Public hearina - Commission Resolution No. 3326 - levvina and assessing delinauent sidewalk reDair charges for Fiscal Year 1999 This was the time and place set for the public hearing on Commission Resolution No. 10-18-99 - 10 - 3326, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3326 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 COLLECT SIDEWALK REPAIR CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS . PROVIDED FOR IN CHAPTER 12.20 OF THE BOZEMAN MUNICIPAL CODE. Mayor Youngman 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 Youngman closed the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that Commission Resolution No. 3326, levying and assessing delinquent sidewalk repair charges for Fiscal Year 1999, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Public hearing - Commission Resolution No. 3327 - levying and assessina delinauent weed mowina charaes for Fiscal Year 1999 This was the time and place set for the public hearing on Commission Resolution No. 3327, as approved by the City Attorney, entitled: . COMMISSION RESOLUTION NO. 3327 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 COLLECT WEED CUTTING OR EXTERMINATING CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-22-4101, MONTANA CODE ANNOTATED AND CHAPTER 8.36 OF THE BOZEMAN MUNICIPAL CODE. Mayor Youngman 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 Youngman closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Commission Resolution No. 3327, levying and assessing delinquent weed mowing charges for Fiscal Year 1999, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and . Mayor Youngman; those voting No, none. Public hearina - Master Plan Amendment - Morrlson-Malerle for SANDAN. LLC. and Ronald L. Davis - amend the land use desianation on 22:1:: acres of the requested 134.24-acre "North 27th Area Annexation" from Urban Residential to Commercial and the remaining 112:1:: from Urban Residential to Urban Residential Infill (west of The Gallatin Center. east of Davis Lane. south of Vallev Center) (P-9928) This was the time and place set for the public hearing on the Master Plan Amendment 10-18-99 - 11 - requested by Morrison-Maierle for SANDAN, LLC, and Ronald L. Davis under Application No. P-9928, to amend the land use designation on 22:t acres from Urban Residential to Commercial and the remaining 112:t from Urban Residential to Urban Residential Infill on 134.24 acres described as Minor Subdivision No. 145A, a tract of land on Film 12, Page 1129, Tract 2 of cas No. 2050 and the eastern 765 feet:t of Tract 1, cas No. 2050, located in the west one-half of Section 35, Township 1 South, Range 5 East Montana Principal Meridian. The subject property is more commonly located west of The Gallatin Center, east of Davis Lane and south of Valley Center Road. . Mayor Youngman opened the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that this public hearing be continued to November 1, per staff's recommendation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none. Public hearina - Zone MaD Amendment from "AS" to "M-1" and "R-3" on 134.24 acres described as Minor Subdivision No. 145A. a tract of land on Film 12. Page 1129. Tract 2 of COS No. 2050 and the eastern 765 feet + of Tract 1. cas No. 2050. located in the W%. Section 35. T1 S. R5E. MPM (west of The Gallatin Center. east of Davis Lane. south of Vallev Center Road) (Z-99101) This was the time and place set for the public hearing on the Zone Map Amendment from" AS". Agricultural Suburban", to "M-1", Light Manufacturing, and "R-3", Residential-- Medium-density, as requested by Morrison-Maierle for SANDAN, LLC, and Ronald L. Davis under Application No. Z-991 01, on 134.24 acres described as Minor Subdivision No. 145A, a tract of land on Film 12, Page 1129, Tract 2 of cas No. 2050 and the eastern 765 feet:t of Tract 1, cas No. 2050, located in the west one-half of Section 35, Township 1 South, Range 5 East Montana Principal Meridian. The subject property is more commonly located west . of The Gallatin Center, east of Davis Lane and south of Valley Center Road. Mayor Youngman opened the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that this public hearing be continued to November 1, per staff's recommendation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Adjournment - 7:02 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Smiley, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No, none. MA~U~~Yor . ATTEST: ~1~ ROBIN L. SULLIVAN Clerk of the Commission 10-18-99