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HomeMy WebLinkAbout1992-10-05 ccm .. -- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 5, 1992 ***************************** ~ The Commission of the City of Bozeman met in regular session in the Commission Room, 'WI'Municipal Building, October 5, 1992, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki, City Attorney Luwe 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 - SePtember 28, 1992 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes of the regular meeting of September 28, 1992, be approved as amended. The motion carried by .the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Reauest for permission to address Commission - Gene Graf. Southwest Montana Home Building IndustrvAssociation - invitation to attend ceremony on Fridav. October 9 The City Manager stated that Mr. Gene Graf has requested an opportunity to address the Commission. Mr. Gene Graf, member of the Southwest Montana Home Building Industry Association, invited the Commissioners and key staff members, including Planning Director Epple and representatives from the Building Inspection Division, to attend a ceremony at 10:00 a.m. on Friday, October 9, at the Habitat for Humanity house at the corner of North Grand Avenue and .west Peach Street. He stated that the Parade of Homes was a success for the Association; and a percentage of those proceeds was earmarked for the Habitat. He stated they have also challenged Empire Building Materials, who has also contributed monies for the Habitat. He indicated that the Immediate Past President of the National Association of Homebuilders will fly in to participate in the ceremonies, at which time approximately $7,000 to $10,000 will be donated 10-05-92 -.-- '- - 2 - to the Habitat for Humanity. Mayor Swanson forwarded the Commission's regrets, noting that many of the City Commissioners and administrative staff will be attending the Montana League of Cities and Towns annual convention later this week. He then thanked the Association for their good work and their .contributions to the community. Reauest re diseosal of water from Bozeman Solvent Site - Barrv O'Connell City Manager Wysocki noted that, included in the Commissioners' packets, was a memo from Director of Public Service Forbes, dated October 1, along with a letter from Mr. Barry O'Connell to City Attorney Luwe, dated September 17, and some support information. Mr. Barry O'Connell, attorney representing the City in this case, stated that the information submitted to the Commission includes the analytical data on the 2500 gallons of water from the Bozeman Solvent Site, which is currently being stored in a black holding tank next to Buttrey's. He stated that the water has been remediated by PRC Environmental, consultants for Jewel Corporation; and they are now requesting that they be allowed to dispose of that water a through the City's waste water disposal system. He then emphasized that this request pertains ~ only to the water in the holding tank, not to the barrels of waste which are also stored on the site. Mr. O'Connell stated that the water has been remediated through a two-step process, the first being through sand and the second through an activated charcoal system. He stated that the results of the analysis of the remediated water show that the levels of the various contaminants are well below the maximum contaminant levels set forth in the drinking water standards. He ! further noted that they are not requesting that the water be used, rather they are requesting that it be disposed of through the City's sewer system. He stated this method of disposal would alleviate the potential of incurring substantial expense for disposing of the water out of state, which is the alternative. Mr. O'Connell stated that he and Mr. Skanchy, attorney representing Jewel Corporation, . have discussed the disposal of the sludge portion; and they have concluded that, given the liability issues, it would be most appropriate to dispose of that waste through incineration or low thermal process at an out-of-state location. Mr. O'Connell stated that the analysis of the water reveals that it poses no threat to the 10-05-92 - 3 - environment, human welfare or well-being; and disposal of the water through the City's waste water treatment system would be the most cost effective method available for resolving the issue. Responding to Mayor Swanson, Mr. Randy Huffsmith, PRC Environmental, stated he forwarded three questions to Mr. Scott Anderson, Water Quality Bureau, in his August 25 letter .in an effort to seek clarification of his original response because it was so vague. He noted that to date, he has received no response to those questions. Responding to the Mayor, Director of Public Service Forbes indicated that City staff would prefer to have a response from the State to the three questions raised by Mr. Huffsmith before any action is taken. Mr. Barry O'Connell stated that the State has been unwilling to provide any definitive answers in this issue, which makes it more difficult to resolve. He noted that this is due, in part, to their desire to avoid potential future liability as well as their hesitation to dictate to the City what it is to do. He then noted the frustration which both he and representatives from Jewel Corporation are feeling because of this unwillingness to take a firm stand; and that is why he is now approaching the City Commission without a definitive answer from the State. He cautioned . the Commission of the additional expenses that may be incurred if this total issue is not resolved as quickly as possible, and urged them to move forward, based on the analytical information available. Commissioner Knapp noted that the rules change and what are deemed acceptable levels change with technology and new information. She then suggested that what is deemed safe at this time may be determined unsafe in the next ten years. She also noted that recent articles have suggested that toxic elements may be cynergistic, multiplying their levels when mixed. Attorney O'Connell noted that the information available at this time has been developed through state of the art technology; and it is the only data available. He further noted that the City is operating under today's standards at this time, not what might happen in the next ten to twenty years. He further reminded the Commission that this remediated waste water has been subjected .to and analyzed under the safe drinking water standards, to determine the appropriate method of disposal. Mr. O'Connell then noted that in environmental engineering, there are no absolutes. Mr. Barry O'Connell then responded to several questions and comments from the Commissioners pertaining to the water and lack of response from the State Water Quality Bureau. 10-05-92 --.- --.---..- --...--. . -----. .-. - 4 - During his responses, Mr. O'Connell emphasized the need to move as quickly as possible to resolve the issue and complete the disposal process. He also indicated that to wait thirty days before beginning the disposal process would be acceptable. He recounted his efforts to work with the State on this item, with no real definitive responses resulting. He noted the two issues which must . be carefully considered in making decisions on this issue: (1) environmental integrity and the welfare of the City and its facilities, and (2) the cost effectiveness of the proposed method of disposal. Mr. Randy Huffsmith, PRC Environmental, stated that he received an approval letter from the State, which was very vague and difficult for non-technical people to understand. He stated that, subsequently he wrote his letter of August 25, posing the three questions which the Commission has been discussing, in an effort to make the response more understandable. He then stated that, while Mr. Anderson will verbally indicate that he has no objection to disposing of the remediated water through the City's Waste Water Treatment Plant, he will not write a definitive letter. He then stated that the drinking water standards have been developed based on a lifetime of exposure; and those are the standards to which the results of the testing have been exposed. . He further noted that the Waste Water Treatment Plant probably receives water with higher concentrations of the various toxic elements on a daily basis than this remediated water contains. Mr. Barry O'Connell stated his intention to retain an environmental engineer on behalf of the City, to assist with disposal of the remediated water if the Commission approves this request. He noted that his files in this case, which total approximately 3 Y2 feet, will be made available to that engineer during this disposal process. Responding to Mayor Swanson, Mr. O'Connell stated the only reason he is recommending that the City authorize disposal of the remediated water through its sewer system is because it is already named a potentially responsible party (PRP); and, therefore, has already incurred liability in the case. He stated that this is the most cost effective manner in which to dispose of the water, . which could also reduce the costs to the City if it is determined liable at a later date. He then stated that if the City were a third party, he would recommend against allowing water to be dumped into its sewer system as a method of disposal. Responding to Mayor Swanson, Director of Public Service Phill Forbes stated that, although he thinks he knows what the State's response to the three questions in Mr. Huffsmith's 10-05-92 -----.. - 5 - letter would be, he would like to see it. He stated, however, he recognizes the time constraints involved, suggesting that establishing a deadline for response may help. Responding to Commissioner Frost, City Engineer Craig Brawner stated he worked for the State for ten years, in the area of waste water, and worked closely with the Water Quality Bureau . before his employment with the City. He noted the safety added to this analysis by comparing the waste water to the drinking water standards, stating he does not believe the City would incur any real problems from a technical standpoint by accepting the remediated water into its sewer system. He noted the liability issue; however, he suggested that given the circumstances and the fact that the City has been named a potentially responsible party, he does not believe that liability would be greatly increased by this method of disposal. Commissioner Frost expressed frustration that the State has not assisted the City on this issue. He then stated that, while he would prefer to have a State response, he feels the analytical data is adequate for making a decision. Commissioner Stiff stated his concurrence. Commissioner Knapp suggested that a letter be written to the State, stating the City's . intent to dispose of the remediated water in the City's sewer system; requesting answers on the three issues raised in Mr. Huffsmith's letter; and indicating that a lack of response by October 31 I will be construed as a "no problem" from the State. Mayor Swanson concurred with the idea of writing a letter to the State, with a deadline for response. He suggested that copies of this letter also be sent to the local legislators, in an effort to gain additional persuasive powers. Mr. O'Connell expressed concern about that suggestion, stating he does not want the Bozeman Solvent Site to become a political issue. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission authorize and direct staff to follow the appropriate steps for disposal of the remediated water from the Bozeman Solvent Site through the City's sewer system, after giving the State . Department of Health and Environmental Sciences an opportunity to respond to the three questions in Mr. Huffsmith's letter of August 25 by the end of the month, with the understanding that this is not a precedent setting action, since it is being taken in light of the City's status as a potentially responsible party. The motion carried by the following Aye and No vote: those voting Aye being 10-05-92 - 6 - Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Mr. O'Connell indicated that he will draft the letter to the State, and submit it to City staff for finalization. eDeCiSion - offer from PC DeveloDmen~ ~o Durchase Lo~s 3A. 4A. 5A and 5A. Block 1. Valley Uni~ Subdivision The City Manager reminded the Commissioners that Mr. Tom Clinton forwarded PC Development's offer at last week's meeting. He then indicated that some revisions have been negotiated to the agreement which was submitted at last week's meeting. He then submitted to the Commission copies of a letter from John Mandeville and Lloyd Mandeville to the Mayor, dated October 1. City Attorney Paul Luwe reviewed the revisions which have been incorporated into the new agreement. He stated that in the first "Whereas", the language has been revised to more accurately reflect the City's legal position in this transaction, since it is not the owner of the subject parcels. He also stated that the last sentence on the first page has been revised to stipulate that .the interest rate will be reduced to 5 percent if the purchaser builds and obtains a certificate of occupancy within two years from the date of closing. He noted this resolves any problem in determining what constitutes "building" at the end of one year. He then indicated that the closing date has been set for thirty days from the date of acceptance of the offer in this agreement; however, it is anticipated that the closing will occur tomorrow if no problems arise. Responding to Mayor Swanson, Administrative Services Director Gamradt indicated the original auction for these properties was June 9; and they have been on the market since that date. He noted that all of the real estate offices have been aware that these lots were on the market; however, only casual inquiries have been received to date except for the offer currently under consideration. He then stated that, as late as this morning, he was in contact with those who had .previouslY expressed some interest in these lots; however, no one indicated any interest at this time. Commissioner Frost noted that the offer currently being considered was publicized in the newspaper, so the public is aware of this agenda item. He then noted that since no one else has expressed any interest, he feels it would be in the City's best interests to accept this offer, which 10-05-92 . .. ..-. ..-- - 7 - is at the fair market value established by the Commission. Commissioner Stiff stated he feels these four lots should be included in the auction, and let that process dictate the purchase price. He noted that if PC Development is the only interested bidder, they will be able to purchase the lots at the same price they are offering today. He then .stated he feels it is worth the $5,000 in auctioneer fees to do so; and he feels that the referral fee for realtors should be waived if PC Development is the only bidder on these parcels, since that firm has been working with the City. Administrative Services Director Gamardt noted that if the City does not accept this offer and places the four lots on the market, there is no guarantee that they will be sold. He reminded the Commission that at the June 9 auction, one lot was sold; however, the buyer wanted out of that sale, and the covenants provided that out. Mr. Tom Clinton, partner in PC Development, stated that his firm and their investors are prepared to go forward with the offer at this time. He then stated that a lot can happen within thirty days; and, while they are definitely interested in acquiring the lots at this time, some unforeseen event may change the picture. . City Manager Wysocki recommended that the Commission accept the offer forwarded by PC Development. He noted the fact that these lots have been on the market since June 9; and this is the first serious offer received. He stated that to sell the lots will remove some of the pressure on the SID Revolving Fund and allow the City to call some of the outstanding bonds. Commissioner Stiff reiterated his position that these lots should be placed in the competitive bidding process. Commissioner Vincent stated he feels it is in the best interests of the community and the taxpayers to accept the offer submitted. Mayor Swanson stated that while his initial reaction was to place these lots on the competitive market through the auction sale, he now feels it would be appropriate to accept the . offer. He noted the length of time that these lots have been on the competitive market, and the fact that this offer is for the fair market value previously established by the Commission. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission accept the Agreement to Sell and Purchase, submitted by PC Development, as amended, for the purchase of Lots 3A, 4A, 5A and 6A, Block 1, Valley Unit Subdivision, at the 10-05-92 --. -. - 8 - prices and terms set forth therein. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No being Commissioner Stiff. . Discussion - "Final draft, dated October 5, 1992" of Memorandum of Understanding for Law & Justice Center City Manager Wysocki noted that a copy of the Memorandum of Understanding was included in the Commissioners' packets. He noted this is the sixth draft of the document; and it now appears slightly different because County Attorney Salvagni has placed it in the proper format. The City Manager then reviewed the general contents of the document, which will become the basis for a lease agreement between the City and the County at some time in the future. He stated it allows for remodeling of the Law and Justice Center to provide 7,156 square feet of space for the City's Police Department and City Court, 8,889 square feet for the County's Sheriff's Department and Justice Court, and 10,825 square feet of shared space with costs to be divided on the basis of 4,059 square feet for the City and 6,766 square feet for the County. He noted the lease is to be for a ten-year period, since that is the maximum allowed by law, with two ten-year ~ ~renewals, for a total of thirty years. The cost is to be $560,000 for the City, with $60,000 to be paid to the County for architectural services to date and the remaining $500,000 to be paid to the County on a proportionate basis throughout the construction of the project. The City would then be credited for rental fees at the rate of $18,667 a year for the duration of the initial thirty years of occupancy. City Manager Wysocki stated the City will also be required to participate in the costs of utilities and facilities maintenance, on a prorata portion of the actual costs. He further noted a fund for major maintenance and capital projects is to be established, with 95 cents per square feet of rented space being set aside per annum to cover the costs of major items. He stated that this amount will be subject to review on a periodic basis, to ensure that the balance in the fund remains eat a reasonable level. He noted that these monies will be utilized for projects in the entire building, but not the Detention Center. The City Manager stated that the parties may mutually agree to not renew the lease agreement no later than three years prior to the end of a ten-year lease period, which will allow the City to find alternative facilities. He then stated the County plans to bid the work within the next 10-05-92 -- --- - ..- - 9 - thirty days; and occupancy could occur in mid- or late-July 1993. County Commissioner Dave Pruitt stated he feels the taxpayers of Gallatin County and the City of Bozeman can benefit from the savings derived from having both law enforcement agencies e and court systems located so close together. He then stated his support for proceeding with this proJect. Commissioner Vincent noted that when he was in the legislature, he once estimated that the State's taxpayers could realize a savings of a minimum of $20 million and possibly as much as $60 to $80 million per year through eliminating the duplication of services. He stated this is a good first step for the City and the County. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission authorize the appropriate persons to execute the final draft of the Memorandum of Understanding, dated October 5, 1992, for remodeling of the law and Justice Center. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting eNO, none. County Commissioner Pruitt stated that the plans are ready; and the County will proceed with a bid opening on November 5 for construction of the project. Decision - Selection of deleaate to attend NlC Congress of Cities - November 28 to December 2. 1992 - New Orleans. lA The City Manager stated that Commissioner Frost has indicated a willingness to attend the NlC Congress of Cities. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission select Commissioner Frost as its delegate to attend the National League of Cities Congress, to be held in New Orleans, Louisiana, from November 28 through December 2, 1992. .The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. 10-05-92 - 10- Ordinance No. 1354 - salarv ordinance for Fiscal Year 1992-1993 The City Manager presented Ordinance No. 1354, as approved by the City Attorney entitled: ORDINANCE NO. 1354 . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE HEADS OF DEPARTMENTS, CITY JUDGE AND THE EMPLOYEES OF THE CITY COMMISSION OF THE CITY OF BOZEMAN AS REQUIRED BY LAW. The City Manager reminded the Commissioners that they had provisionally adopted this ordinance at their regular meeting of September 21, and recommended that it be finally adopted at this time. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission finally adopt Ordinance No. 1354, the salary ordinance for department heads, City Judge and the employees of the City Commission for Fiscal Year 1992-1993. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. . Discussion - FYI Items City Manager Wysocki presented to the Commission the fOllowing "For Your Information" items. (1 ) Letter of resignation, dated September 23, from the Board of Adjustment, submitted by Betty Hargrove. (2) Invitation to attend the Fire Prevention Breakfast, held this morning. (3) Agenda for the Highway Commission meeting to be held on Friday, October 16, in Butte. (4) Copy of the memo from Planning Director Epple to the sign sub-committee, dated September 30, regarding the initial meeting scheduled for 6:45 a.m. on Friday, October 2. . (5) Agenda for the City-County Planning Board meeting scheduled for 7:00 p.m. on Tuesday, October 6, in the Commission Room. (6) Agenda for the Development Review Committee meeting scheduled for 10:00 a.m. on Tuesday, October 6. (7) Agenda for the Design Review Board meeting scheduled for 4:00 p.m. on 10-05-92 - 11 - Tuesday, October 6. (8) Agenda for the County Commission meeting scheduled for 1 :30 p.m. on Tuesday, October 6, along with daily minutes for the week of September 21 . (9) The City Manager submitted his weekly report, as follows. (1) Announced .Interagency Breakfast, which is scheduled for 7:00 a.m. on Wednesday, October 14, at the Baxter. (2) Noted the amount of staff time spent on the memorandum of understanding for the Law and Justice Center and the offer to purchase specified lots in Valley Unit Subdivision, in preparation for today's meeting. (3) Stated the Police Department had a lively weekend, due largely to the MSU Homecoming activities. (4) Attended a meeting regarding the new visitor center for the Chamber of Commerce, which is to be located near the North 19th Avenue interchange. (5) Stated progress is being made in the extension of Kagy Boulevard from South 11 th Avenue to South 19th Avenue. (6) Announced that in approximately two weeks, City crews will begin leaf pick-up along the streets. (7) Stated that a number of sewer and water line replacements are being completed. (8) Reminded the Commission of the public hearing on the transportation plan before the Planning Board at 7:00 p.m. on Tuesday, October 13. (9) Distributed copies of a graph reflecting the Anumber of requests to locate utility lines to which the City has responded during the period ~ November 1991 through August 1992. (10) Commissioner Knapp submitted the following. (1) Indicated that she has responded to President Malone's office that five from the City will attend the meeting with Commissioner on Higher Education John Hutchenson at 5:30 p.m. on Tuesday, October 13. (2) Attended two major events for Mr. Wallace Stegner, noting he became ill during his presentation and was unable to attend further functions. (11 ) Commissioner Knapp requested that a brief discussion on recognition of volunteers be placed on next week's agenda. ( 12) Responding to Mayor Swanson, Clerk of the Commission Sullivan briefly reviewed . the tentative agenda for next week's meeting as wei/ as the public hearing schedule for the October 19 meeting. ( 13) Commissioner Frost submitted the following. (1) Attended part of the meeting on the visitors center. (2) Stated that he and Dixie Swenson met with a couple from New York who are considering a move to Bozeman. (3) Attended the initial meeting of the sign sub- 10-05-92 --.... --..-. - _____u ~ 12 - committee, which was held on Friday morning. He then distributed copies of drawings showing how the proposed revisions to height and size of signs would impact the viewshed, in both the B~2 and interchange zones. He noted that while the concept seems to be accepted by those on the sub-committee, the subject will require further discussion. . (141 Executive Director of the Bozeman Area Chamber of Commerce Daria Joyner thanked the City for its involvement in planning for the visitors center. ( 15) Mayor Swanson submitted the following. (1) Spend most of today at the MSU School of Business, talking to freshman classes about the City and business and how the two interact. (2) Welcomed 55 people from Kumamoto last week, including the Mayor and Council as support people. He then stated that he received gifts for each of the Commissioners, which he will bring next week. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Application for Beer and Wine License - Grape Expectations Wines & Deli. 27 . South Willson Avenue - Calendar year 1992 Award bid - three 1993 4-door sedan police cars - Connell Chevrolet. Buick. Geo. Toyota. Bozeman. Montana - $42.202.44 Reauest for authorization to proceed with specified Commission initiated zone code amendments as per February 24. 1992. Commission work session and staff memo of same date Reauest for authorization to hire temporary full-time sign enforcement officer Commission Resolution No. 2881 - intent to annex 12.267.acre tract located at northwest corner of intersection of West Main Street & West College Street as reauested by PV Enterprises; set public hearing for November 2. 1992 COMMISSION RESOLUTION NO. 2881 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. 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. Commission Resolution No. 2882 - revising the fee schedule for the zone code COMMISSION RESOLUTION NO. 2882 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REVISING THE FEE SCHEDULE FOR THE ZONE CODE. 10-05-92 . - 13 - Provisionallv adoDt Commission Resolution No. 2883 - levving and assessing aarbage assessments for Fiscal Year 1993: set Dublic hearina for October 19. 1992 COMMISSION RESOLUTION NO. 2883 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A . SPECIAL ASSESSMENT UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONT ANA, UNLESS PROVISIONALL Y EXEMPTED, TO DEFRA Y THE COST AND EXPENSE OF COLLECTING, REMOVING AND DISPOSING OF GARBAGE UNDER THE PROVISIONS OF ORDINANCE NO. 1323 OF THE CITY OF BOZEMAN MUNICIPAL CODE. Provisionallv adoDt Commission Resolution No. 2884 - levvina and assessina lighting district assessments for Fiscal Year 1993: set Dublic hearing for October 19. 1992 COMMISSION RESOLUTION NO. 2884 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, LEVYING AND ASSESSING MAINTENANCE AND ELECTRICAL CURRENT COSTS FOR SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4328 THROUGH 7-12-4330 AND 7-12-4332 THROUGH 7-12-4333, M.C.A. .A Provisionallv adoDt Commission Resolution No. 2885 - levYing and assessina ..., delinauent sewer charaes for Fiscal Year 1992: set Dublic hearina for October 19. 1992 COMMISSION RESOLUTION NO. 2885 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. Provisionally adoDt Commission Resolution No. 2886 - levyina and assessina delinquent snow removal charges for Fiscal Year 1992: set DubUc hearing for October 19. 1992 . COMMISSION RESOLUTION NO. 2886 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 10-05-92 ------.. - . . . - 14 - CITY OF BOZEMAN UNDER THE PROVISIONS OF CHAPTER 12.24 OF THE CITY OF BOZEMAN MUNICIPAL CODE. Provisionallv adoDt Commission Resolution No. 2887 - levying and assessin9 sidewalk assessments for 1991 sidewalk program; set Dublic hearina for October 19. 1992 COMMISSION RESOLUTION NO. 2887 . 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 APRIL 15, 1991, TO DEFRAY THE COST OF CONSTRUCTION OF SAID SIDEWALKS, CURBS, GUTTERS AND ALLEY APPROACHES OR ANY COMBINATION THEREOF. Proclamation - "Fire Prevention Week 1992" - October 4-1 0, 1992 It was moved by Commissioner Stiff, seconded by Commissioner Vincent, 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 Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner . Frost and Mayor Swanson; those voting No, none. Adiournment - 5:05 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. . ATTEST; W~ /1~ ROBIN L. SULLIVAN Clerk of the Commission 10-05-92 . .-..-.. -..