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HomeMy WebLinkAbout1990-10-01 1 . ." .. ; . , .. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA October 1, 1990 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 1, 1990, at 3:30 p.m. Present were Mayor Hawks, Com- missioner Goehrung, Commissioner Frost, Commissioner Knapp, Commissioner Swanson, City Manager Wysocki, City Attorney Becker 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 17 and September 24, 1990 Mayor Hawks noted that the Commissioners have just received the completed set of minutes for the regular meeting of September 17, 1990. He then deferred action on that set of minutes for a period of one week. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the minutes of the regular meeting of September 24, 1990, be approved as amended. The mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. - Michael Tor erson - northeast cor- venue; per recommen ations City Manager Wysocki submitted to the Commission a memo from the Planning staff, along with some support information sent by the State Historic Preservation Office concern- ing this subject site. City Attorney Becker stated that last Friday, he and Planning Director Epple met with Mr. Don White, attorney representing Westlakes, to discuss this item. He then gave some background information on how this site became listed on the National Register of His- ! toric Places. He stated that Lots 1, 2, 3, 4, 5 and 6, Block 1, Westlake's First Addition, have been in the ownership of George Westlake and Kay Martinen for several years; and just recently, they sold, under contract for deed, Lots 1, 2, 3 and 4 to Morgan and Jean Griffiths. He noted that the Griffiths subsequently submitted a nomination for the house, which is located on Lot 3; however, their drawing included the outbuildings for what used to be a dairy, which are located on Lots 5 and 6. The City Attorney indicated that the Westlakes were not aware of the application for historic designation, nor were they notified after the application was approved for all six lots. 10-01-90 ~ . , t -.... .. - 2 - -~,...... . -- ~/ City Attorney Becker stated that, subsequently, Mr. Michael Torgerson purchased Lots 5 and 6, Block 1, Westlake's First Addition, without knowing it had been listed on the National Register of Historic Places. He stated that Mr. Torgerson then applied for a de- molition permit; and that permit was denied by the Design Review Board. He noted that this in effect delays possible demolition for one year; and that is the item currently before the Comm iss ion. The City Attorney then stated that Mr. White has informed staff that his client is seeking delisting of this property from the National Register of Historic Places and has re- quested that action on this item be delayed for a period of thirty days. He stated this de- lay would have no significant impact on this proposal, recommending that the Commission accept this request. Responding to questions from Commissioner Frost, the City Attorney stated he does not know the process which the State Historical Preservation Office follows in reviewing an application for historic designation. He then stated that in most cities, historic designation does not prohibit a property owner from doing anything he wants with that property. He noted, however, that under the City's interim zoning ordinance, if the City disagrees with what he proposes to do, the process can be delayed for a year. Responding to Mayor Hawks, Planning Director Epple indicated that the Historic Preservation Officer and the Oesign Review Board have offered to assist Westlakes in seek- ing a delisting for this parcel. He also noted that Mr. Torgerson, the applicant, is an ar- chitect and is well versed in historic issues. The Planning Director then stated he does not know how long the delisting process may take. He did, however, encourage the Commission to delay action on this item per the request submitted by Mr. Oon White. City Manager Wysocki recommended that the Commission table action to October 29, which is four weeks~ r /L} f?-vfP Lr--I ) P { qy ~,O (/---. ----, It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission table action on delay of the proposed alteration to the historic landmark site located at the northeast corner of the intersection of West Peach Street and North 4th Ave- nue, per the request submitted by Mr. Don White, to the October 29, 1990 meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. Request from School Board of Trustees for reduction to 15 mph speed I imit on West Babcock Street at the Willson and Emerson Schools The City Manager submitted to the Commission a letter from the School Board of 10-01-90 _.~--- ----..--"'=-- -- --- -- - / .' . , . , , - 3 - " Trustees, dated September 26, 1990, requesting that the City seek a reduction in the speed limit on West Babcock Street between the Willson and Emerson Schools from 25 to 15 miles per hour. Mr. Dean Mikkelson, Principal of Willson School, stated that the school adminis- tration, teachers and parents have expressed concern about the 25-mile-per-hour speed lim- it along West Babcock Street, as well as the lack of adequate enforcement. He stated that at the September 21 Highway Commission meeting held in Bozeman, the School District sub- mitted a request for reduction in the speed limit. He indicated that with the busses park- ing along the street in the morning and at night, as wel/ as parents dropping off and pick- ing up children; and with the 25 mph speed limit, a hazardous situation exists. He then noted that at this time, two of the Highway Department personnel are observing the situa- tion, in anticipation of the City requesting a full-blown study. The City Manager suggested that the City should consider any other schools around which the speed limit should be studied at the same time, suggesting North Rouse Avenue beside Hawthorne School as a possibility. He also asked if West Main Street, both by the High School and the Willson School, should be included. Commissioner Goehrung reminded the Commissioners that the City Commission may request that the Highway Commission conduct speed studies in specific areas; however, they must be willing to accept the Highway Commission's decision. The City Manager suggested that if West Main Street were included, signs indicating "15 mph when occupied or bouncing ball is flashing" could be posted. He noted this would limit the times when the 15 mile-per-hour speed limit is enforced along that street. Mayor Hawks expressed concern that at the present time, it is difficult for anyone working on the west end of town to travel downtown for lunch, and be back to the office in an hour. He suggested that the smooth movement of the traffic should be considered, pos- sibly including synchronization of the traffic lights along Main Street. Chief of Police Dick Boyer stated that several years ago, the speed I imits on West Babcock Street and North Rouse Avenue near the schools were 15 miles per hour; however, the State raised them back to 25 miles per hour. He suggested that traffic flows have probably increased adequately to warrant reduction back to the 15 mph speed limit. The Chief then noted the major problem on West Main Street at the High School is the failure of students to cross in the designated crosswalks. The Chief of Police then reviewed the manner in which traffic signals are presently controlled, noting that one master controls the downtown; another controls the I ights at 7th and 8th Avenues; and yet another master controls 11 th Avenue. He noted the sensor panels under the pavement control the traffic signals; and to revise the present system would be extremely costly. 10-01-90 i . \ .. , , I '. - 4 - f The Chief then stated that parents load and unload on the Rouse side of the Hawthorne School, particularly since busses park on the other three sides of the school grounds. Responding to a question from Commissioner Swanson, Mr. Dean Mikkelson stated that concern has not been expressed about the speed limit on West Main Street at Willson School, since the vast majority of students are dropped on the Babcock Street side. Following discussion, the Commission concurred that North Rouse A ven ue along Hawthorne School should be included, particularly since parents pick up and drop off their children there. They decided, however, that West Main Street should not be included in the study. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission authorize and direct the Mayor to send a letter to the Highway Commission re- questing speed studies on West Babcock Street from South 5th Avenue to South Grand Ave- nue and on North Rouse Avenue from East Mendenhall Street to East Lamme Street, con- sidering the possibility of lowering those speed limits to 15 miles per hour. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. corridor overla district rive City Manager Wysocki stated that Mayor Hawks had requested this item be placed on the agenda. Mayor Hawks stated he felt that this application was not adequately considered at the September 17 meeting, since the Commissioners were not satisfied with the amount of infor- mation they had received. He suggested that this application be referred back to the De- sign Review Board, with a more comprehensive report to be submitted back to the Commis- sion for reconsideration and action. He noted that the decision may not change; however, he feels the Commissioners will be more comfortable with that decision. Commissioner Knapp asked if a letter has been forwarded to Sinclair Oil Company; the Mayor responded he has it before him at this time for review. Commissioner Knapp stated the report submitted did not adequately reflect the fact that only three members of the Oesign Review Board were present and that the recommen- dation for approval was a split decision. She suggested that one way to do that would be to place unanimous recommendations on the consent and split decision recommendations on the regular discussion agenda. The Mayor suggested another alternative would be to issue a majority report and a 10-01-90 ; - '> .. , . i .. - 5 - minority report from the DRB, placing the item on the consent agenda. He noted that if any Commissioner wished to discuss the matter, it could be withdrawn and placed on the regular agenda. However, he then expressed concern that the Commission has been in- formed that removal of an item from the consent agenda for discussion purposes could trig- ger the public hearing process, which could delay a decision on that item for at least one week. He asked if there is any mechanism for discussion and seeking clarification that would not trigger the public hearing process. City Attorney Becker stated that as long as the Commission limits its discussion to the Commissioners and staff, he does not feel a public hearing would be required. He cau- tioned, however, that if the Commission asks questions of the applicant, it could trigger a public hearing so that all interested parties will be given an opportunity to provide input. The Planning Director concurred with the City Attorney's response. Mayor Hawks reiterated that the Commission does not feel adequate information is submitted from the Oesign Review Board. He noted that the memo on Coyle's application contained several general comments, but none which reflected the Board's thinking. The City Manager asked if the Commission is asking for a more detailed summary of the Board's recommendation or minutes of the meeting. Planning Director Epple expressed concern about the potential of requiring minutes for those meetings, noting that they are held each week and often last three hours or more. He indicated that the current clerical staff is not capable of handling the number of meetings which must be covered at the present time and add this Board, too. He also re- minded the Commission that the intent of the new code is to streamline the process, and requiring minutes could have a detrimental effect on that goal. The Planning Director then stated that early on it was decided that the Commission would act upon deviations without going through the public hearing process; however, he noted there is no reason they could not be placed on the regular discussion agenda rather than on the consent agenda if the Commissioners so desire. Mayor Hawks noted that most of the procedures in the new code provide an oppor- tunity for the applicant, the public or any Commissioner to request a public hearing before the City Commission. Commissioner Frost noted that much of the DRB discussion on the Coyle application centered on landscaping around the sign itself; however, the Commission received none of that information; and the drawing of the 24-foot sign submitted for Commission consideration showed no landscaping around the base. He suggested that such information is pertinent and should have been included for Commission consideration. Commissioner Knapp suggested that during the decision-making process, each ORB member present at a meeting give a brief statement and reasons on why he/she is voting 10-01-90 ; " ' "- " . . - 6 - for or against a proposal. She noted that those statements could then be transcribed from the tape in a summary of the meeting and included in the Commissioners' packets. She stated this could greatly enhance the Commission's ability to make informed decisions on this type of applications. Mayor Hawks stated support for that proposal, noting he does not feel staff should be burdened down with unnecessary work. He noted, however, that a summary of reasons for the vote could provide much-needed information for the Commission to make an educated and informed decision. Commissioner Goehrung suggested that discussion be returned to the agenda item, which pertains to one specific application. Commissioner Frost stated he is not in favor of reconsidering Mr. Coyle's request for deviations to the sign code, stating he would make the same decision a second time. He stated he does not believe the request is appropriate for the subject location, particularly since it is located in an entryway overlay corridor. Mayor Hawks stated the applicant may not have received a fair hearing from the Commission, since not all of the information was available. He stated, therefore, he feels the Commission should reconsider the application with more information, recognizing that the same decision may be made again. The City Manager asked if the Commission has any specific information they would like to receive on the Coyle application if it is reconsidered. Commi ssioner Frost stated that the landscaping design, especially around the sign, would be helpful. He suggested that a graphic of some sort be utilized for this. Commissioner Knapp stated she feels that Sinclairls response to the City's letter is very important. She noted that if Sinclair responds that this proposed sign is the only one available, then they are making decisions for the community rather than the process through which this application is moving. City Manager Wysocki suggested that rather than considering the Coyle application at this time, it may be beneficial for the Commission to consider the entryway overlay corri- dors themselves, and how they should ideally be developed. He then suggested that estab- lishment of criteria for considering applications in those corridors be the first step, before this specific appl ication is reconsidered. Mayor Hawks noted that at last week's work session, the Design Review Board mem- bers indicated that they follow a list of guidelines in reviewing each particular project, tak- ing into consideration how it will blend into the streetscape. The City Manager suggested that the language of the code could be revised to re- flect that lithe desired height of signs Is a feet; and with approved deviations it may be greater. II 10-01-90 . .,1 . '. , , . - 7 - Mayor Hawks stated that Mr. Ralph Johnson, member of the ORB, indicates that with heavy landscaping, signs between a and 16 feet in height will be lost in the nature vege- tat ion. He noted that under his application for deviation, Mr. Coyle has proposed a sign which is 21 feet above the grade of the adjacent roadway. Commissioner Swanson stated that Coyle's request includes a second free-standing sign which exceeds a feet in height ~md the aggre.gate square footage allowed. He then stated the first issue to be addressed is whether a second free standing sign should be al- lowed, then the height and size. Commissioner Swanson then suggested that the Commission ask the Design Review Board to prepare a listing of ten specific items for consideration of each entryway overlay corridor for consideration. Following discussion, the Commissioners decided that it would be more appropriate for the Commission to prepare the list of criteria for each entryway overlay corridor, which would then be forwarded to the Design Review Board to provide direction in their decision- making process. Commissioner Swanson suggested that the Commission take one entryway overlay cor- ridor per week, beginning with the Bridger/Rouse corridor. He noted that by the end of October, the Commission could have a listing of criteria for each of the entryways; and the Design Review Board would have better direction to assist in their decision-making pro- cess. The Commissioner then suggested that to receive input from one or two members of the ORB and maybe one or two businessmen from the corridor would be beneficial. Planning Oirector Epple state9 support for this procedure, noting that these criteria can be utilized until the comprehe~ guidelines for 'each entryway corridor have been de- veloped. He reminded the Commission that development of those guidelines will be a lengthy process, taking as long as two to three years to complete. Mrs. Oarla Joyner, Executive Director of the Bozeman Area Chamber of Commerce, stated it is important for the businessmen to know what the Commission envisions each entryway corridor should look like. She stated that the current process is very frustrating for the businessmen, since they don't know what is expected or will be accepted. The City Manager suggested that an artist's rendering of each entryway corridor could be very beneficial. He also suggested that input from the sign company people could also assist in establishing the criteria. Mayor Hawks noted that at last week's work session, the DRB members indicated that it is their desire to integrate signs into the site, so that it looks like it belongs. Commissioner Frost stated that one of the community goals which the Commission heard during the public hearing process was to have tree-lined streets, like North 7th Ave- nue was many years ago. He noted that if that is 'to, be the ultimate goal, signs over a 10-01-90 , 'J \ :i . , - 8 - feet and under 30 feet will be competing with those trees. He then expressed concern that those with signs in that range might take inappropriate actions against trees to ensure the visibility of their signs. Commissioner Frost then stated that Mr. Coyle has indicated he would have no prob- lem with shortening the legs of the sign. The City Manager cautioned that to lower the sign 6 or a feet could cause it to be disproportionate. Commissioner Goehrung stated that in Mr. Coyle's application, he feels the issue of a second free-standing sign is the one which must be addressed first, followed by height and size. He stated he feels it is better for his business to be known as Baldy Mountain Sports, which also sells gas, than to be known as that Sinclair station on Bridger Drive. He stated that Mr. Coyle is asking to have both; and he feels it is inappropriate in this a rea. The Commissioner then noted that three Commissioners have stated they are not in- terested in reconsidering this application at this time. Commissioner Swanson noted that Mr. Coyle has indicated that some enforcement is needed for uses surrounding his property, such as signs in disrepair and a junk-yard-type operation. Mayor Hawks once again raised the issue of whether the Commission wishes to recon- sider this application. He noted that Mr. Keith Swenson has indicated that when issues of this type are brought to Court, if the governing body's decision is different from the De- sign Review Board's recommendation, the Court will usual/y side with the DRB recommenda- tion. The City Manager noted that is a non-legal professional's view of the issue. Commissioner Goehrung responded that such an observation serves to turn govern- ment on its head. He noted that the Commissioners are the elected officials and, therefore, the policy makers. Mayor Hawks challenged Commissioner Goehrung's statement, noting that board and commission members are appointed by, and serve at, the pleasure of the Commission. He noted that if the Commission does not feel their interests are being met, those appointees may be replaced. Planning Director Andy Epple reminded the Commission that Mr. Coyle's request for a second free-standing sign was originally turned. down under the old zone code, with the understanding that if he could show superior site design, he would have a chance for ap- proval under the new code. He noted that after the interim zoning ordinance was adopted, Mr. Coyle received an informal review from three of the DRB members; and they had in- dicated approval of his application. During the for:mal review, three DRB members were present, only one of whom had been involved in the informal review. He reminded the 10-01-90 ~ , . , 'i ; - 9 - Commission that the DRB decision was a 2-1 split, and it appears that one of those voting in support may have done so because of the conceptual approval given during the informal review. Commissioner Goehrung noted that Commissioner Swanson has proposed that the Com- mission begin to define their objectives for the various entryway overlay districts. He not- ed once that is accomplished, businessmen may review those objectives and tailor their pro- posals accordingly. He suggested that the Commission proceed in this manner, noting that if Mr. Coyle wishes to reapply after the objectives for the 8 ridger / Rouse corridor have been established, he may do so. He noted that with the 5-0 vote for disapproval at the September 17 meeting, he feels there is no need for reconsideration under the current ru les . It was moved by Commissioner Knapp, seconded by Commi ssi oner Frost, that the Commission refer this application back to the Oesign Review Board, asking them to review said application after the oil company has had an opportunity to reconsider its requirements in light of the City's regulations. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No being Commissioner Goehrung. Discussion - Commissioner comments re September 24 work session with City-County Plan- ning Board and Design Review Board The City Manager noted that a majority of this agenda item was covered in dis- cussion of the above agenda item. Mayor Hawks noted that, per discussion in the above agenda item, the Commissioners will prepare up to ten points for review of applications in the Bridger/ Rouse entryway overlay corridor, for discussion at next week's meeting. He noted that the Commission will then forward a list of criteria to the Design Review Board to be reviewed for each applica- tion submitted for that corridor. Commissioner Swanson noted that Mr. Paul Gleye, member of the DRB, has offered to provide the Commission a walking tour of North 7th Avenue. He then expressed interest in such a tour, noting it would be very enlightening and beneficial in this process. He sug- gested that it may be helpful to include some of the key businessmen along North 7th Ave- nue in that tour as well. Oiscussion - Commissioner comments re Montana League of Cities and Towns Conference held in Bozeman on September 19-21, 1990 City Manager Wysocki stated the Commission had requested this item be placed on the agenda for this week's meeting. Commissioner Swanson stated he attended the workshop on interlocal agreements, 10-01-90 " ' I. ", " - 10 - which was based on the interlocal agreement currently utilized by Cut Bank, Shelby and Conrad. He expressed an interest in pursuing this possibility, encouraging staff to iden- tify four or five pieces of equipment that the City currently owns which could possibly be utilized under an interlocal agreement with neighboring communities. He also suggested that one or two pieces from the capital items listing in the budget could also be incorporat- ed into an interlocal agreement. The Commissioner suggested that utilization of this mecha- nism could help the City to acquire much-needed equipment in a more timely manner. Commissioner Swanson then noted he also attended a session where representatives MIC discussed the current operation of government. He noted it is the public perception that people in local government make up their minds about an issue, then try to sell their ideas to the public. He suggested that to gain public involvement earlier in the process could alleviate that perception. Mayor Hawks stated he does not feel the Commission makes adequate use of steering committees, noting those help create community involvement. The City Manager cautioned that no matter how much effort local government may make to solicit public involvement, only so much involvement and participation will occur. Commissioner Knapp attended a session on the open meeting law, which she noted was very enlightening. She stated that the Commission is generally fol/owing the guidelines of the open meeting law as they currently exist. Commissioner Goehrung noted that some of the most interesting items gleaned are from luncheon discussion, rather than in the actual sessions. He noted that discussions with some of the clerks in smaller communities revealed their outreach and public education involvement. He stated the clerks perceive that benefits to the community are derived from those activities. Commissioner Frost stated that after the workshop on cities' liabilities, he was de- pressed. He then noted that discussions with people from smaller communities in the State made him realize that their governments are operated very similarly to ours. He expressed pleasure with that observation, noting it means that Bozeman's city government is still ba- sically a grassroots effort, even though this is a city. Mayor Hawks referred to Mayor Dan Kemmis' remarks that the public hearing process is actually a "public listening" process, where the Commission is receiving input from the public. The Mayor noted that Mayor Kemmis also talked about establishing and utilizing a "Mayor's roundtable" to gain support for the local government. He stated that the Legisla- ture views local government as another special interest group and to have people from di- verse backgrounds testify in support of a bill being sponsored by local government in- creases its chances of passage. Mayor Hawks then stated an interest in utilizing this mechanism, suggesting that a 10-01-90 i4.. "'" . A -1 - 11 - group of 24 people from diverse backgrounds be brought together to discuss problems of local government and to gain a more wide-based support for possible legislation. He then requested this item be placed on next week's agenda for discussion. City Manager Wysocki stated he attended the session on economic development re- sources. He indicated that he will check the regulations on the Big Sky Dividend Program to see if some of those monies could possibly be utilized to assist in upgrading the City's water and sewer infrastructure. The City Manager then noted that in the session on per- sonnel, the incentive programs utilized by the City of Great Falls were listed. He noted that none of those programs were particu larly costly; however, they seemed to improve em- ployer/ employee relationships. Mayor Hawks then thanked the City Manager and Clerk of the Commission for the work they did in preparation for this convention. He also thanked Mrs. Wysocki for her contributions and her efforts at the convention to ensure that the spouses' program was al- so a success. Discussion - FYI Items The City Manager presented to the Commission the following "For Your Information" items. (1) Copy of a letter from Mike Oelaney dated September 24, 1990, to the Adminis- trative Services Director stating his intention to bring current all delinquent SID's on Tract A, COS No. 1509. (2) Memo requesting that the executive session for evaluation of the City Manager and Clerk of the Commission be deferred to next week's agenda, when it is anticipated more time will be available for that agenda item. (3) Memo from the Clerk of the Commission reminding those involved of the dead- lines for placing items on the agenda and providing the back-up information. ( 4) Memo from the Clerk listing the hol idays for the remainder of the year. The City Manager then requested that discussion of the Commission meeting schedule for the end of the year be placed on next week's agenda. (5) Agenda and packet for City-County Planning Board meeting to be held on Tuesday, October 2, at 7:00 p.m. at City Hall. (6) The City Manager submitted his weekly report as follows. (1) Reminder that next week's meet i ng is on Tuesday. (2) Announced the next Interagency Breakfast, scheduled for 7:00 a.m. on Wednesday, October 10, at the Baxter. (3) Announced a joint public hearing by the City and County Commissions on the revised master plan, which is to be held on Monday, October 22, at 7:00 p.m. ( 4) Gave some brief water statistics as follows: consumption in September 199,0 was higher than normal--156 million gallons 10-01-90 4-', "". ~~. "'-: .---- . ~/C. _ 12 _ ..' __~ Y--'9-;02/l ~' compared to 135 mg in 1989; consumption in July 1990 was 250 mg compared to 272 mg in July 198a. He stated that at September 30, the City had 7a9 acre feet left in Hyalite, not- ing that information should be considered when addressing the 1120-acre-foot minimum pool which has been requested. (5) Staff did curb painting and centerline striping on arterials this past week. (6) The fire at the Law and Justice Center last night was a big one. ( 7) Noted that last Friday, the Fire Department was called to the Bozeman Oeaconess Hospital to help remove some picric acid that had dried out and was in an explosive state. The acid was taken to the landfill and detonated. ( 7) Commissioner Knapp briefly highlighted the City-County Health Board meeting which she attended on Thursday morning. (a) Commissioner Frost submitted the following. (1) Attended the City-County Planning Board meeting, where the zone code was reviewed. Items being reviewed and revised include the landscape portion, which wil/ be a dual-track system once it is complet- ed and the method of publicizing public hearings to make the location of those ads in the newspaper more consistent and predictable. (2) Attended a meeting of the Performing Arts Site Selection Committee and the Gallatin Valley Land Trust regarding the Lindley Park site. Mr. Chris Boyd has made contact with CMC Heartland, owner of the subject property; and Mr. George Mattson is presently attempting to contact them as wel,. (3) Attended the Perkins Place committee meeting on Friday. (9) Commissioner Swanson reported on the Perkins Place committee meeting held on Friday afternoon. He noted it appears the speed limit will be reduced to 10 mph; the City wil/ attempt to implement a dust abatement program for the street by next spring; and they are still considering the possibility of installing a barrier somewhere in the middle of the four-block-long street. Assistant to the City Manager Ron Brey is preparing a letter seeking input from the neighborhood to determine the acceptability of a barrier and where it should be located. Another meeting of the committee will be scheduled after that input has been received and tabulated. (10) Commissioner Goehrung submitted the following. (1 ) Attended a meeting of the Inter-faith Recycling Effort last week. He noted that group as well as the Bozeman Re- cycling Coalition will be submitting proposals and reports to the Commission within the next couple weeks. (2) Announced that tomorrow morning he will be in Butte, at which time the committee on solid waste management will make its recommendations to the Environmental Quality Council on solid waste legislation. He then asked for authorization to speak on be- half of the entire City Commission at that meeting; the Commissioners concurred. (11) Mayor Hawks submitted the following. (1) Asked the City Manager to re- spond to an insert from Safeway concerning the homeless. (2) Distributed copies of an , ><', a~~~':~e~~.t.~~~'JUstered development which Commissioner Frost had mention~d a ~oue'~ weeks ., ~;. \.. . '.. - . ". ", <'~~: .:', .'.'<1 w,,~. 10-01-90 - . . '-, ~ - 13 - ago. He noted that he will submit a copy to the County Commissioners as well. ( 3 ) A t- tended the Inter-faith Recycling Effort last week, along with Commissioner Goehrung. (12) Commissioner Frost circulated a photo from a calendar which shows how an historic farm was saved and integrated into an urban area. Consent Items The City Manager presented to the Commission the following Consent items. to Claims It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission approve the Consent items as submitted, and authorize and direct the appropri- ate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commis- sioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Recess - 5:50 p.m. Mayor Hawks declated a recess at 5:50 p.m., to reconvene at 7:00 p.m. for the pur- pose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Hawks reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. This was the time and the place set for the public hearing on the Conditional Use Permit for a Planned Unit Development requested by Steve Anderson for Anderson Supply Company, to allow construction of a 9, 650-square-foot pre-cast concrete manufacturing plant on Lots 2 and 3, Tract a, Gardner-Simmental Plaza. The subject property is more common- ly located at 5aSl Baxter Lane. Mayor Hawks opened the public hearing. Assistant Planner Jesse Aber presented the staff report. He stated that the subject site is located along the north side of Baxter Lane, just west of the existing North 19th Avenue and along the east side of the proposed North 19th Avenue interchange corridor. He indiCated that North Cross Land Company, Inc ., is the current owner of the subject lots. The property is zoned M-l, Commercial--Light Manufacturing; and this application is 10-01-90 ........~ r". ~ '. - 14 - to allow an M-2, Manufacturing and Industrial, use in said district. He stated that in- cluded under this application, are a one-story building to house the manufacturing and ad- ministrative functions, an outside storage area, parking lots and landscaping. A single access is to be provided to the site from Baxter Lane. The Assistant Planner then reviewed the surrounding zoning designations and devel- opment, noting that to the north is light manufacturing, to the south is a medium-density residential area which is currently vacant, and to the east and west are agricultural subur- ban zones, which are also vacant. The Assistant Planner stated that following its review, the Planning staff, Develop- ment Review Committee and Design Review Board recommended approval. The City-County Planning Board conducted its public hearing on this application, after which they voted to recommend approval, subject to fifteen conditions. Mr. Dick Prugh, architect representing the applicant, responded to questions from the Commission. He indicated that the Andersons have an option to buy the subject two lots, contingent upon approval of this application. He indicated that the storage area is to house items manufactured at that location, including concrete culverts, septic tanks, and wall panels. He indicated that screening of the yard is proposed along the south and west sides; and chain link fencing is to be installed along the north and east sides. He then stated that those two sides are not visible from the interstate. Mr. Prugh then clarified Condition No.6. He stated there is a 60-foot right-of-way for a frontage road paral/el to Baxter Lane in front of this property. He stated that this condition eliminates the need to plant trees within that 60-foot right-of-way since a road could be constructed at some time in the future; however, the applicant must plant and maintain grass in that right-of-way. He also noted that trees are to be planted along the Baxter Lane frontage, behind the right-of-way line. Commissioner Knapp noted that according to the site plan, the subject development will be one lot east of the realignment of North 19th Avenue. She then asked how the cor- ner lot is to be developed, since it will front along an entryway to the community. Mr. Prugh stated that the Andersons have an option on that lot as wel/. He stated that at the present time, they have no intentions to develop that lot. Mayor Hawks noted that the fate of demonstration funds for the North 19th Avenue interchange will be determined by Congress this week. He noted that approval of those funds should help to create a very impressive entryway to the community; and asked if staff took that into consideration when reviewing this application. The Assistant Planner stated that he did not address that issue specifical/y in the staff report; however, it was taken into consideration. He then reminded the Commission that screening and a landscaped buffer are to be provided along the west side of the 10-01-90 . ""..: ,,~ ~ '. - 15 - property; and Lot 1 is located between this development and the realignment of North 19th Avenue. Responding to questions from Commissioner Swanson, the City Attorney responded that connecting the subject parcel to the City's sewer. service will not create any legal problems. He noted that the City's sewer trunk line runs through that area; and substan- tial capacity is available to handle the addition of this business. The City Manager stated that the City has a waiver of protest for annexation of the entire Gardner-Simmental Plaza. He further noted that development is contiguous to the city limits and could be annexed at any time. City Manager Wysocki suggested that Condition No. 6 be revised to make reference to the interchange and corridor in addition to the reference to Baxter Lane. Mayor Hawks closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission waive the one-week waiting period. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commis- sioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission approve the Conditional Use Permit for a Planned Unit Development requested by Steve Anderson for Anderson Supply Company to aI/ow construction of a 9, 650-square-foot pre-cast concrete manufacturing plant on Lots 2 and 3, Tract a, Gardner-Simmental Plaza, subject to the following conditions: 1. That application for a sewer hookup (outside City limits) must be ap- proved by the City Manager or the City Commission; and 2. That the owner of the subject property shall purchase a water meter with remote register of the same type currently used by the City, that the meter be instal/ed on the water line from the well that serves the building (less irrigation) , and that the City meter readers will read the meter monthly, and the monthly sewer charge will be based on the reading; and 3. That a drainage plan demonstrating adequate site drainage (including sufficient spot elevations), storm water detention area( s) ( including basin sizing and discharge calculations), and the storm water dis- charge destination be reviewed and approved by the City Engineer's Office; and 4. That the County Road Superintendent must approve the proposed ac- cess location on Baxter Lane, and that the status of the Frontage Road be identified by the County Road Office prior to final site plan approval; and 5. That a sanitary sewer pre-treatment questionnaire be completed by the appl icant prior to connection to the sewer, and that any in- dication of pre-treatment shall be provided to the Department of Pub- lic Service prior to final site plan approval; and 6. That the applicant be permitted a deviation from Section la.50.100.D.5.d. (Street Frontage Landscaping) of the interim zoning ordinance waiving the requirement that landscaping, including trees, be placed within the street right-of-way on Baxter Lane and the Frontage Road parallel to Baxter, and taking into consideration the 10-01-90 ~_._-- ;: f, " " - 16 - eventual establishment of a North 19th Avenue interchange and con- current corridor. However, the applicant shal/ maintain the Frontage Road right-of-way in grass; and 7. That three copies of the Final Site Plan, containing all the conditions, corrections and modifications approved by the City Commission, shall be submitted for review and approved by the Planning Director within six months of the date of City Commission approval. One signed copy shall be retained by the Planning Department, one signed copy re- tained by the Building Department, and one copy retained by the ap- plicant; and a. That if improvements are not installed prior to Final Site Plan ap- proval, the applicant shall enter into an Improvements Agreement with the City. Oetailed cost estimates, construction plans and methods of security shal/ be made a part of that Agreement; and 9. That if occupancy of the structure or commencement of the use is to occur prior to the installation of improvements, the Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed; and 10. That the applicant must undertake and complete the development with- in three years from the time of final approval and aI/ on-site improve- ments shall be completed within nine months of occupancy of the building; and 11. That the right to a use and occupancy permit shall be contingent up- on the fulfillment of all general and special conditions imposed by the Planned Unit Development procedure; and 12. That all of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the land, his successors or assigns; and 13. That all conditions specifically stated under any Planned Unit Devel- opment listed in the zoning ordinance shall apply and be adhered to by the owner of the land, successors or assigns; and 14. That all of the special conditions shall be consented to in writing by the applicant. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Comm iss ioner Knapp, Comm iss ioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. No. 2al0 - lev in and assessin assessments for gar This was the time and the place set for the public hearing on Commission Resolution No. 2al 0, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2al0 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING ANO ASSESSING A SPECIAL ASSESSMENT UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE OF COLLECTING AND DISPOSING OF GARBAGE UNDER THE PROVISIONS OF ORDINANCE NO. 696 OF THE CITY OF BOZEMAN MUNICIPAL CODE. Mayor Hawks opened the public hearing. City Manager Wysocki reminded the Commission that the garbage collection schedule for Fiscal Year 1991 includes an 11.5 percent increase from last year. He noted this in- 10-01-90 "': ,.~..,. .. , . - 17 - creases the base rate for a 4-room 1-unit dwelling from $64.00 to $71.40 per year. He in- dicated the reason for the increase is to offset the increase in the landfill gate fees which was implemented as of July 1,1990. Mr. Mike Litle, Executive Oirector of Keep Montana Clean and Beautiful, stated that the amount of material being recycled has increased in the State. He expressed concern about the postponement in changing the rates from basically a flat fee per house to a vol- ume-based schedule. He stated the volume-based schedu Ie is much more appropriate, providing an economic incentive to recycle. He noted this method of assessment is extreme- ly successful in many communities, including Seattle. Mr. Litle then encouraged the Commission to reconsider postponement of the new system, noting that Keep Montana Clean and Beautiful feels that the Commission has made the progressive decision to make the change and should proceed with it. He noted that Bozeman has the potential for being a leader in solid waste management in the State. He noted that in this particular location, much of the waste can be recycled; and what is not recycled could then be taken to the incinerator in Livingston, with the residue transported back to the Bozeman landfill. He encouraged the Commission to make it easy and conve- nient for everyone in the community to recycle. Mr. Bob Fagl/ano, Waste Management Partners, submitted a letter to the Commission dated October 1, 1990, encouraging the Commission to adopt a volume-based fee schedule at this time. He then requested that the Commission delay action on this resolution for one week, allowing him time to gather information on ordinances and resolutions which provide for a volume-based assessment for garbage collection. Mr. Fagliano stated that the current method of assessment, based on the number of rooms in the dwelling unit. is unfair and creates an inequitable assessment, depending upon the amount of garbage a household may generate. Ms. Charlotte Trolinger, 530 North Montana Avenue, stated support for the comments submitted by the two previous speakers. She stated that she recycles as much as possible, putting out approximately one can of garbage every other week. She noted it is inequitable to pay the same amount for that as one who puts out three cans a week. She stated the City should encourage recycling, and adjusting the method of assessment could provide much of that encouragement. She noted there is wide community support for recycling at the present time; and that support should be encouraged through every mechanism possi- ble. Mr. Mark Richland, Vice-President of Montana Recycl ing, stated he operates the Bozeman Recycling Center. He noted that people recycle for many different reasons; and the City should take steps to encourage recycling. He stated support for a volume-based fee schedule, noting it should be implemented immediately rather than waiting a year. 10-01-90 ~<\. " , . "": . - la - Commissioner Goehrung read two letters into the record. The first letter was from Alice Flynn, dated October 1, protesting the current method of assessment and encouraging the Commission to utilize a method which encourages recycling and conservation. T he sec- ond letter was from the Bozeman Recycling Coalition and the Inter-Faith Recycling Effort, dated October 1, stating support for a volume-based fee structure and incorporating a tag- ging system for collection. Responding to a request from Mayor Hawks, Commissioner Goehrung provided a brief review of the process to date. He noted that many of the arguments made tonight are the same as those he made a year ago. He noted that at that time he was assured by the staff that was the last year garbage assessments would be based on the number of rooms; and the groundwork would be done to implement a volume-based structure at this time. He not- ed that the staff workload during the past year has not allowed for aI/ of that groundwork to be completed by this time; therefore, staff has indicated the necessity to retain the old system for one more year, utilizing this time as a transitional stage. Commissioner Goehrung stated that the Clerk of the Commission has also pointed out that ordinance changes are necessary before the method of assessment can be revised. He noted that this will involve extensive revision, thus taking time to prepare. He noted that the timeframe for adoption of an ordinance takes a minimum of six weeks from provisional adoption to the effective date; and a resolution of assessment must then be adopted, which takes another two weeks at least. The Commissioner further noted that the documents to be revised are fifty years old. Ms. Charlotte Trolinger suggested that the City seek a State grant to match the $30,000 budgeted for recycling education. She suggested those monies could then be utilized to help establish a recycling program this year. Mayor Hawks noted that the increase in landfill gate fees has resulted in more gar- bage being dumped in the outlying areas; and the number of reports on people finding strange garbage in their cans has increased. He then noted that the Commission was dis- mayed to learn a few weeks ago that the garbage collection rate structure could not be revised at this time; however, they have accepted the delay, recognizing the work that must yet be completed. City Manager Wysocki reminded the Commission that the assessments under consid- eration cover the period July 1, 1990 through June 30, 1991. He noted, therefore, that in actuality the volume-based fee structure wil/ be implemented in less than a year. Commissioner Goehrung noted that an extensive public education program must be implemented between now and July 1. Mr. Walter Connell, attorney representing Three Rivers Disposal and Waste Manage- ment Partners of Bozeman, stated he does not believe it is as complicated to enact a vol- 10-01-90 ....-- ,'> '" , . ..' . - 19 - ume-based assessment as it may seem. He stated many communities have adopted a volume- based assessment method; and he feels that new ordinances and resolutions could be easily prepared utilizing those as examples. He noted there has been and currently is a lot of community support for implementing a volume-based assessment, which will serve to encour- age recycl ing. Mr. Connell stated there are many people in the community, including himself, who would be willing to lend their expertise and assist the City in implementing the change in assessment procedure. He noted that this would make the workload on City staff extremely light and would help the process to move forward qUickly. Mr. Connell stated that the costs of solid waste disposal are increasing because of new state and federal regulations; and those increases must be accepted. He noted that these increases are compounded by the fact that the rates have not been steadily raised over the past few years to keep up with the actual costs of doing business. Mr. Connell then addressed the illegal dumping of garbage which has begun to occur due to the increased landfill gate fees. He stated that no new enforcement mechanisms are necessary, rather active enforcement of the existing regulations should adequately address that issue. Mr. Connell noted that the letter submitted by Mr. Fagliano earlier in this public hearing contains a significant recycling program proposal. He noted that this program is being developed in the private sector, suggesting that the Commission should consider a volume-based or weight-based billing system at this time to complement that program and provide the necessary economic incentive to help ensure its success. Mr. Connell stated that the $30,000 which the City has budgeted for public education is not needed for that purpose, since people already desire to recycle and the private sector is making arrange- ments for a recycling program. Mr. Connell once again encouraged the Commission to implement a volume-based sys- tem at this time, noting that the present assessment method is antiquated and not utilized anywhere outside Montana. He pledged his expertise and assistance in untangling the ex- isting ordinances and resolutions. He suggested that the Commission defer action on this item for a short period of time, noting that if the necessary revisions can be accomplished. the City may be able to bill this year's garbage collection costs on the water and sewer bill rather than on the assessments. Mr. Bob Fagliano stated support for Mr. Connell's comments, encouraging the Com- mission to not act on this resolution until the October 9 meeting. He stated that in the meantime, he will work with Mr. Connell to prepare the documents necessary for Commission action to revise the billing mechanism. Commissioner Frost asked for the schedule to get this assessment in place. 10-01-90 .I',,~ . , '. "'~ . . - 20 - City Manager Wysocki responded that the Administrative Services Director has in- dicated that if the Commission does not wish to take action on this resolution today, they may defer action for a period of one week. He noted, however, that action must be taken at next week's agenda; and that action may not Include any changes in the method of as- sessment or the assessment figures. He noted that the information for billing per the reso- lution has been entered into the computer; and there is not adequate time to make any changes in the program or the figures before the assessments are printed and mailed. The City Manager stated that to change the method of assessment as has been sup- ported by those providing testimony is not possible at this time, since the enabling ordi- nance must be revised, then a new resolution adopted. He then reminded the Commission that three months of the assessment period have already passed; and the service has been provided and the monies projected in the budget for said service. Responding to the Mayor, the Clerk of the Commission reviewed the process and timeline for adoption of a new ordinance and resolution of assessment. She concluded that the process will take at least two to two and one-half months, without inclusion of any preparation time for the documents. Responding to another question from the Mayor, the City Attorney stated that it is best to repeal each conflicting ordinance specifically; however, if not all of the conflicting ordinances are known, a general repealer statement may be included. Commissioner Knapp noted the Commission has discussed starting the new assessment method on July 1, asking when the public awareness program should be implemented. The City Manager noted that under the timeline outlined by the Clerk above, prepa- ration for the new method of assessment will take at least two to two and one-half months to process. He suggested the educative process on volume-based assessments can be started as soon as Commissioner Goehrung and interested persons are prepared to begin. Mayor Hawks asked if a portion of the year's assessment could be rebated if the Commission is able to complete the process of adopting a new ordinance and resolution in the near future, possibly by January 1. The City Manager stated that he must seek information from staff prior to respond- ing. Commissioner Goehrung noted that since the current resolution is based on the spe- cial improvement district assessment portion of the State statutes. the Commission now has the option of assessing those charges on a semi-annual basis. Commissioner Swanson noted the Commission was extremely disappointed to learn that the volume-based assessment method could not be implemented at this time. He noted, how- ever, that seven out of ten goals which the Commission set involve the Oepartment of Public Service staff; and that workload has slowed this process. He also noted that unprece- 10-01-90 41'I:,'~ \ . .. 4; .' . - 21 - dented growth in the community has also impacted staff. He stated that recycling has been listed as one of the top two or three Commission goals for two years; however, he stated support for going through the process slowly enough to ensure it is properly done. Mr. Walt Connell stated he recognizes the demands on staff time to accomplish the necessary tasks as well as work toward specified goals. He suggested that this public hearing should possibly have been held earlier, rather than waiting until the last minute. He then encouraged the Commission to begin the revision process immediately, so it is ready for implementation by July 1. Mr. Terry Hynes, 1015 West Villard Street, stated he is a senior citizen on social security who owns his home. He noted that he owns a duplex; therefore, he does not qualify for the abatement programs." He stated that he and his wife do recycle; and their duplex generates a smal/ amount of garbage, even if the tenant does not actively recycle. He then encouraged implementation of a volume-based rate structure as quickly as possible. Mayor Hawks closed the public hearing. A decision will be forthcoming in one week. Break - 8:25 to a:32 p.m. Mayor Hawks declared a break from a:25 p.m. to a: 32 p. m. , in accordance with Commission policy established at their regular meeting of March 14, 19a3. Public hearin~ - Commission Resolution No. 2all- levying and assessing assessments for lighting districts for Fiscal Year 1990 This was the time and the place set for the public hearing on Commission Resolution No. 2811, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2all A RESOLUT ION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING LIGHTING DISTRICT MAINTENANCE AND ELECTRICAL CURRENT COST FOR SPECIAL IMPROVEMENT LIGHTING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7-12-4328 THROUGH 7-12-4330 AND 7-12-4332 THROUGH 7-12-4333, M.C.A. Mayor Hawks opened the public hearing. City Manager Wysocki stated that under this resolution, the electrical costs which the City has paid during the period July 1, 1989 through June 30, 1990 are billed to the property owners involved in the various special improvement lighting districts. No one was present to speak in support of or in opposition to final adoption of this resolution. Mayor Hawks closed the public hearing. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission finally adopt Commission Resolution No. 2al1, levying and assessing assessments for lighting districts for Fiscal Year 1990. The motion carried by the following Aye and No 10-01-90 -----.-.----- .~.. - .L.____..... .. ~. ~.. '\ . - . . . - 22 - vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. and assessin assessments for This was the time and the place set for the public hearing on Commission Resolution No. 2a12, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2a12 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CER- TAIN 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 ORDI- NANCE NO. 1171 OF THE CITY OF BOZEMAN MUNICIPAL CODE. Mayor Hawks opened the public hearing. The City Manager stated that this resolution places delinquent snow removal billings for Fiscal Year 1990 on the assessments for col/ection. He noted there are 22 delinquent billings totaling just under $1,700. No one was present to speak in support of or in opposition to final adoption of this resolution. Mayor Hawks closed the public hearing. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission finally adopt Commission Resolution No. 2a12, levying and assessing assessments for delinquent snow removal billings for Fiscal Year 1990. The motion carried by the fol- lowing Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commi ssioner Knapp and Mayor Hawks; those voting No, none. No. 2a13 - lev in and assessin assessments for This was the time and the place set for the public hearing on Commission Resolution No. 2813, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2813 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVY I NG AND ASSESS I NG SPRINKLING OISTRICT MAl NTE- NANCE COST FOR SPECIAL IMPROVEMENT SPRINKLING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE' PROVISIONS OF SECTIONS 7-12-4401 THROUGH 7-12-4429, M. C.A. Mayor Hawks opened the public hearing. City Manager Wysocki stated that this resolution assesses those costs which the City incurred for services provided by the City in the various sprinkling districts during the period July 1, 19a9 through June 30, 1990. He reminded the Commission that the creation of the street maintenance district included the dissolving of these sprinkling districts; 10-01-90 ~"J _. w;:". ,~' "f .on ;. .... .- r~ ;I ,,~ - 23 - therefore, this will be the last year of assessments for this particular activity. No one was present to speak in support of or in Opposition to final adoption of this resolution. Mayor Hawks closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission final/y adopt Commission Resolution No. 2a13, levying and assessin9 assessments for sprinkling districts for Fiscal year 1990. The motion carried by the following Aye and those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. assess in SID No. 655, av- 137,000 This was the time and the place set for the public hearing on Commission Resolution 2a14, as reviewed by the City Attorney ,entitled: COMMISSION RESOLUTION NO. 2a14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITEO PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 655 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING ANO MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 655. Mayor Hawks opened the public hearing. City Manager Wysocki reminded the Commission that Special Improvement Oistrict No. 655 was recently created; and the bonds have been sold. He stated that this is a prelimi- nary assessment, based on the bond amount of $137,000. No one was present to speak in support of or in opposition to final adoption of this resolution. Mayor Hawks closed the public hearing. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the -- Commission finally adopt Commission Resolution No. 2814, levying and assessing a prelimi- nary assessment for Special Improvement District No. 655, based on the bond amount of $137,000. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Goehrun9, Commissioner Frost and Mayor Hawks; those voting No, none. Adjournment - 8:40 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none.