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HomeMy WebLinkAbout1976-07-07 I I I Bozeman, Montana 7 July 1976 The Commission of the City of Bozeman met i~ regular session in the Commission Room, Municipal Building, 7 July 1976, at 1:15 o'clock p.m. Present were Mayor Vollmer, Commissioner Lehrkind, Comm- issioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, City Manager Fryslie, Assistant City Manager Wolf, City Attorney Berg and the Clerk. Commissioner Sedivy opened the meeting with a prayer and the following proceedings were had. Minutes of the regular meeting held on Wednesday, 30 June 1976, were approved as read. Bond Sale - $159,000.00 Walks and Curbs (Mendenhall & Babcock Streets) The City Manager stated that according to the affidavit of publication, this was the time and place set for the bond sale of the Mendenhall-Babcock Street Curb and Gutter construction. The Mayor and the City Manager outlined the proceedure for conducting this bond sale and stated the amount of bonds to be sold for the Mendenhall-Babcock project would be the same as the advertised amount and announced the City was ready to conduct the bidding on the bonds in the amount of $159,000. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the City proceed with the bidding of the bonds for the Mendenhall-Babcock project in the amount of $159,000.00. There were no sealed bids and no one having appeared to bid orally, the City Manager recommended the bond sale be left open in order to attempt to negotiate a sale for the Mendenhall-Babcock project. Bond Sale - $32.000.00 Walk and Curbs (Miscellaneous) The City Manager stated that according to the affidavit of publication, this was the time and place set for the bond sale of $1976 Miscellaneous Walks and Curbs. in the amount of $32,000.00. The Mayor and City Manager outlined the proceedure for conducting this bond sale and stated the amount of bonds to be sold for the purpose of paying for the construction and installation of the miscellaneous sidewalk and curb program would be the same as the advertised amount of $32,000.00. in accordance with the "Notice of Sale" of bonds. It was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that the Commission pro- ceed with the bidding for the sale of the bonds in the amount of $32,000.00. The First National Bank and the First Security Bank of Bozeman having presented their good faith check in the amount of $1,600.00 as prescribed by the "Notice of Sale" then began oral bidding. The final best oral bid was as follows: First Security Bank, Bozeman 6.45% First National Bank, Bozeman 6.40% It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that the sale of the bonds for the 1976 Miscellaneous Walks and Curbs be awarded to First National Bank of Bozeman in the amount of 6.40%. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer,. Commissioner Lehrkind. Commissioner Sedivy and Mayor Vollmer; those voting No, none. Hearing. Ordinance No. 962 - Formula for SID No. 565 - Downtown Parking This was the time and place set for a public hearing to consider the Ordinance No. 962, estab- lishing a formula for the method of assessment of property in Special Improvement District No. 565 in the City of Bozeman, Montana, for establishing off street parking facilities in the City of Bozeman. Affidavit of publication of Notice and the Clerk's mailing certificate stating all property owners had been notified as required by law were presented. The Mayor declared the hearing opened and invited all interested persons to express their oppo- sition to establishing a formula for the method of assessment. Harry Newlon, Chairman of the Bozeman Downtown Development Association, gave a short rundown on the background of the proposed formula. Mr. Newlon stated the formula was based upon business's need for parking spaces, their valuation, their distance from the parking site and their land area to determine the proposed assessments to be paid by each property owner. Planner Rick Mayfield and Computor Programmer Ed Mooney also explained parts of the formula. The assessments would raise $750,000.00 from downtown area businesses and commercial property owners for the purchases of the proposed parking facility property. Mooney said twenty-percent of the funds would be raised on the basis of assessed valuation. The business needs for additional parking spaces, as determined by the City Zoning Code. would determine assessments needed to raise thirty percent of the funding, and a formula taking distance from the facility into consideration would be used to determine assessments to raise another thirty percent of the funding. Approximately thirty interested persons and property owners were present in regard to the proposed formula and to express their objections to the formula. 9 '>"10 Jim Screenar, Attorney representing the Bozeman Medical Arts Center, said there were four separate components and four separate figures. He felt the components as applied can be grossly unfair. There are people who will benefit less or no more than other businesses who will be paying more of the cost within the operation of the formula. Don Nell, also representing the Medical Arts Center, objected to the assessment as they have acquired their own parking. He felt that those who wanted the parking should pay for it. Bill Bennett III, Attorney representing Mr. Dieruf and Mr. Bradford of the Powder Horn, stated that one portion of the demand component as set forth in the formula as proposed, relies and requires application of a zoning ordinance whereby property located in the downtown district must provide so many parking spaces based upon square foot area of business. He said that in this regard, an inequity arises in that Mr. Dieruf and Mr. Bradford, in operation of the Powder Horn and Story Block, have by use prior to adoption of said zoning ordinance, established the nonconforming use. By use of the formula as proposed, including the factor as determined in the zoning ordinance, an inequity is imposed in that the City of Bozeman proposes to enforce the zoning ordinance dealing with number of parking spaces, notwithstanding the fact that Mr. Dieruf and Mr. Bradford have previously established a non- conforming use, to which they are entitled. Mr. Bennett further stated the percentages which have been assigned to each component as proposed in the formula have been established arbitrarily and subjective, without a basis for the values pro- posed. The formula failed to take into consideration the availability of other public parking spaces available in the area of the proposed special improvement district, including onstreet parking as well as city parking lots previously created and established. Many other property owners were present to object to the formula. They felt their property was too far away to benefit by the special improvement district. The City Attorney explained that the City Commission must establish the assessment formula before taking action on the creation of the Special Improvement District. Following an extensive question and answer period and a lengthy discussion, it was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the hearing be continued and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting No, none. Ordinance No. 964 - Annexation of Northeast portion of City Ordinance No. 964 annexing certain described lands situated northeast of the City and containing approximately 248 acres was presented. ORDINANCE NO. 964 AN ORDINANCE ANNEXING CERTAIN DESCRIBED LANDS SITUATED NORTHEAST OF THE CITY OF BOZEMAN, TO THE CITY OF BOZEMAN. Following a discussion, it was moved by Commissioner Lehrkind. seconded by Commissioner Sedivy, that Ordinance No. 964 annexing a tract of land containing approximately 248 acres situated northeast of the City of Bozeman be passed and adopted and the Clerk of the Commission be instructed and directed to prepare the required records relating to the annexation and they be recorded and filed with the County Clerk and Recorder nor later than 11 August 1976. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer. and Mayor Vollmer; those voting No, none. Land Trade Proposal - L~fe of Montana Insurance Company A letter received from the Life of Montana Insurance Company, requesting a land exchange with the City of Bozeman was presented. The Life of Montana Insurance Company would like to acquire the easterly fifteen acres of the Old Elks Country club property which was originally acquired for future cemetery expansion. In exchange for the fifteen acres, the Life of Montana would give to the City of Bozeman ten acres adjacent to and imme- diately south of the current cemetery property. Following a discussion, the City Commission concurred in the recommendation of the City Manager, and it was moved by Commissioner SediVY. seconded by Commissioner Taylor, that the City deny the pro- posal of the Life of Montana to acquire the easterly fifteen acres of land. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind. and Mayor Vollmer; those voting No, none. I I I I I I Ord inance Nos. 965. 966. 967. 968. 969. 970, 971 - Imp lemen ting previous ly Approved Zone Cod e Amendmen ts Ordinance No. 965 amending Section 18.06.340 of the Bozeman Municipal Code, was presented, entitled: ORDINANCE NO. 965 AN ORDINANCE AMENDING SECTION 18.06.340 OF THE BOZEMAN MUNICIPAL CODE TO PROVIDE CLARIFICATION OF YARD REQUIREMENTS AND DEFINE RIGHTS-OF-WAY, WIDTH, AND ROADS NOT DEDICATED FOR PUBLIC USE AND DESIGNATING AN EFFECTIVE DATE. It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that Ordinance No. 965 be passed and adopted, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. Ordinance No. 966 amending Sections 18.18.020, l8.2l.020, 18.24.020, 18.27.020, 18.36.020, 18.42.020, 18.45.020, 18.48.020, 18.51.020 and 18.60.020, of the Bozeman Municipal Code was presented entitled: ORDINANCE NO. 966 AN ORDINANCE AMENDING SECTIONS l8.l8.020, 18.21.020, 18.24.020, 18.27.020, 18.36.020, 18.42.020, 18.45.020, 18.48.020, 18.51.020 and 18.60.020, OF THE BOZEMAN MUNICIPAL CODE TO PROVIDE FOR CHURCHES, FIRE STATIONS, AMBULANCE SERVICE, CAR WASHES, MUFFLER SALES AND SERVICE WHERE APPLICABLE IN THE AS (AGRICULTURAL SUBURBAN), RS (RESIDENTIAL SUBURBAN), R-l (RESIDENTIAL SINGLE FAMILY LOW DENSITY), R-2 (RESIDENTIAL SINGLE FAMILY MEDIUM DENSITY), R-3 (RESIDENTIAL MEDIUM DENSIT~, B-1 (NEIGHBORHOOD BUSINESS), B-2 (COMMU- NITY HIGHWAY BUSINESS), B-3 (CENTRAL BUSINESS), M-l (COMMERCIAL LIGHT MANUFACTURING)AND PLI (PUBLIC LANDS AND INSTITUTIONS) DISTRICTS AND PRO- VIDING FOR AN EFFECTIVE DATE. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that Ordinance No. 966 be passed and adopted, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting No, none. Ordinance No. 967 amending Chapter 18.39 of the Bozeman Municipal Code was presented entitled: ORDINANCE NO. 967 AN ORDINANCE AMENDING CHAPTER 18.39 (R-O-RESIDENTIAL OFFICE DISTRICT) OF THE BOZEMAN MUNICIPAL CODE AND DESIGNATING AN EFFECTIVE DATE. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that Ordinance No. 967 be passed and adopted, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. Ordinance No. 968 amending Section 18.69.210 of the Bozeman Municipal Code was presented, entitled: ORDINANCE NO. 968 AN ORDINANCE ENACTING SECTION 18.69.210 OF THE BOZEMAN MUNICIPAL CODE TO PROVIDE FOR THE LOCATION OF AMBULANCE SERVICE IN A RESIDENTIAL DISTRICT AND PROVIDING FOR AN EFFECTIVE DATE. It was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that Ordinance No. 968 be passed and adopted, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. Ordinance No. 969 amending Section 18.72.050 of the Bozeman Municipal Code was presented, entited: ORDINANCE NO. 969 AN ORDINANCE AMENDING SECTION 18.72.050 OF THE BOZEMAN MUNICIPAL CODE TO PROVIDE FOR AMBULANCE SERVICE, NURSING HOMES AND HOSPITALS, CHURCHES, PUBLIC AND PRIVATE PARKS AND PLAYGROUNDS, PLANNED UNIT DEVELOPMENTS, ANIMAL SHELTERS, VETERINARY CLINICS, AND OTHER TYPES OF MEDICAL FACILITIES OR PERSONAL SER- VICES NOT LISTED AS A PERMITTED USE IN THE R-S (RESIDENTIAL SUBURBAN), R-O (RESIDENTIAL OFFICE), M-l (COMMERCIAL-LIGHT MANUFACTURING) AND PROVIDING FOR AN EFFECTIVE DATE. It was moved by Commissioner Taylor, se-conded by Commissioner Vandeventer, that Ordinance No. 969 be passed and adopted, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. Ordinance No. 970 amending Section 18.90.020 of the Bozeman Municipal Code was presented, entitled: ORDINANCE NO. 970 AN ORDINANCE AMENDING SECTION 18.90.020 OF THE BOZEMAN MUNICIPAL CODE RELATING TO NON-CONFORMING LOTS, USES AND STRUCTURES OF THE BOZEMAN AREA ZONING CODE TO INCLUDE LOTS WITHIN THE CITY LIMITS OF BOZEMAN AND PROVIDING FOR AN EFFECTIVE DATE. It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that Ordinance No. 970 be passed and adopted, and the motion was carried by the following Aye and No vote: those voting Aye 11 12 being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting No, none. Ordinance No. 971 amending Section 18.93.030 of the Bozeman Municipal Code was presented, entitled: ORDINANCE NO. 971 AN ORDINANCE AMENDING SECTION 18.93.030 OF THE BOZEMAN MUNICIPAL CODE AND DESIGNATING AN EFFECTIVE DATE. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that Ordinance No. 971 be passed and adopted, and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none. Re~orts The following reports were presented: Police Chief Building Inspector Librarian Fire Chief The City Manager commented on the reports and recommended they be approved and ordered filed. It was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that the reports be accepted and ordered filed. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those voting No, none. Hearing 1976 Sidewalk and Curb Program It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that discussion on the 1976 sidewalk and curb program be continued for a period of one week for a final decision. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, and Commissioner Sedivy; those voting No being Commissioner Taylor and Mayor Vollmer. Claims for June I Claim Numbers 23615 thru 23772 and 6852 thru 7054 inclusive were presented. The City Manager had checked the claims and found them to be true and lawful claims against the City of Bozeman and recom- mended they be approved and the Director of Finance be instructed to issue warrants in payments. I It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that the claims be approved as presented. The motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those voting No, none. Band $ 483.31 Street $ 11,779.68 Cemetery 1,431.66 Water 8,840.64 Garbage 11,701.61 Federation 305.82 General 23,759.22 Lindley 689.00 Library 1 ,440. 77 Rec. Comp 38.95 Park 10,479.09 Roecher 500.00 Parking Meter 6,645.68 Sprinkle 390.86 Plng Board 444.47 Store 1,428.09 SDS 3,427.80 Curb & Gutter 104,454.27 SID's 5,164.57 Total $19 3 , 405 . L~ 9 Adjournment There being no further business to come before the Commission at this time, it was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the meeting be adjourned and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner Vandeventer, Commis- sioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, and tho voting No, none. U/. -ATTEST: I 6"~ / ~7 ERNA V. HARDING, Clerk of the City Commission