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Bozeman. Montana
12 January 1977
The Commission of the City of Bozeman met in regular session in the Commission Room. Municipal
Building. 12 January 1977. at 1:15 o'clock p.m. Present were Mayor Vollmer. Commissioner Lehrkind.
Commissioner Sedivy. Commissioner Taylor. Commissioner Vandeventer, City Manager Gesko. Assistant
City Manager Wolf. City Attorney Berg and the Clerk.
Commissioner Vandeventer opened the meeting with a prayer whereupon the minutes of the regular
meeting held on Wednesday. 5 January 1977. were approved as read.
I American Legion Gallatin Post No. 14 - Request Letter of Intent from Commission regarding proposed
zoning change
The request of the American Legion Gallatin Post No. 14 to consider a zone change from A-S to
R-4 on Durston Road next to the Gallatin County Rest Home to permit construction of sixty units of rent
assisted elderly housing was presented for further action in order that an application may be submitted
to FHA of Helena. Montana.
Mr. Howard Erwin representing the American Legion Gallatin Post No. 14 was present to explain the
area in question and recommend that the letter drafted by the City Manager be revised and made a part
of the application to be submitted to FHA not later than Friday. January 14. 1977 .
A recess was declared at 1:45 for the purpose of Commissioner Sedivy calling the surrounding
property owners. namely. Mr. & Mrs. Rolfe Johnson and Dr. and Mrs. E. G. Allen to clarify or transmit
their positions on the proposed rezoning.
Following further discussion. it was moved by Commissioner Taylor. seconded by Commissioner
Vandeventer. that the revised letter be submitted to FHA. Helena. Montana. that the American Legion
Gallatin Post No. 14 obtain evidence from the surrounding property owners that they are not in
opposition to the proposed project before the zoning is finally approved. Further. that the City
Commission also fulfill its moral obligation by instructing the City Manager to address an additional
letter to Mr. and Mrs. Rolfe Johnson. Dr. and Mrs. E. G. Allen and Mr. and Mrs. Clyde S. Bowman. The
motion was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor.
Commissioner Vandeventer. Commissioner Lehrkind. and Mayor Vollmer; those voting No being Commissioner
Sedivy.
I Hearing - Commission Resolution No. 1852 - SID No. 574. Watermain. Henderson Addition
Commission Resolution No. 1857 - Creating SID No. 574
This was the time and place set in Commission Resolution No. 1852 to hear protests to the
creation of Special Improvement District No. 574 for construction of watermains in Henderson's Addition.
Affidavit of publication of notice and the Clerk's mailing ceritifcate. stating all property owners had
been notified as required by law was presented.
There were no protests on file and no one appeared to protest verbally.
COMMISSION RESOLUTION NO. 1857
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA. CREATING A
SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 574
OF THE CITY OF BOZEMAN FOR THE PURPOSE OF CONSTRUCTION AND INSTALLATION OF
WATERMAINS AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES. MORE SPECIFICALLY
AS FOLLOWS: A SIX (6) INCH WATERMAIN AND APPURTENANCES IN HAYES STREET AND IN AN
EASEMENT NORTHWESTERLY THEREFROM ACROSS TRACT 12. BOZEMAN CREEK ANNEXATION TO
GARFIELD STREET. THE CONSTRUCTION AND INSTALLATION TO INCLUDE ALL TRENCH EXCAVA-
TION AND BACKFILL, BEDDING MATERIALS. CAST IRON WATERMAIN. SOME CAST IRON SEWER
MAIN FOR CROSS-OVER AREAS. VALVES. FITTINGS. HYDRANTS. SERVICE LINES. AND OTHER
NECESSARY APPURTENANCES TO PROVIDE WATER TO THE LOTS IN THE DISTRICT.
as prepared by the City Attorney was presented. It was moved by Commissioner Vandeventer. seconded by
Commissioner Lehrkind. that Commission Resolution No. 1857 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.
Request for Zone Code Interpretation
A request from Steven Vanantwerp for a zone code interpretation to include barber shops as
I permitted uses in the B-3 (Central Business District) zone under the definit~n of professional
(business) offices was presented.
The Bozeman Zoning Code provides for barber shops in the B-2 zone and for professional and business
offices in the R-O and B-3 zones. However. the staff feels that barber shops do meet the intent and
the requirements for classification in the B-3 Zone and should be a permitted use in the B-3 zone.
Following a thorough discussion. the Commission concurred in the recommendation of the Planning
Staff. also concurred in by the City Attorney. and it was moved by Commissioner Lehrkind. seconded by
Commissioner Sedivy. that barber shops be permitted uses in the B-3 zone and the Planning Staff be
instructed to revise the zoning to place beauty and barber shops in the B-3 zones. 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.
136
Certification of Special Primary Election to be held on Tuesday, February 8, 1977
It was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that the Certification of
the Special Primary Election to be held on Tuesday, February 8, 1977, be approved as presented. 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.
Request for Permission to install a clock with Westminister Chimes hy Durand's Jewelry Shop on Main Strelll
The City Manager presented a request from Durand's Jewelry Shop to install a clock with West-
minster Chimes on the front of their building located at 3 East Main Street. The City Manager stated
the chimes are completely adjustable and are to be attached to the front of the store.
It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that permission to
install the clock with Westminster Chimes be granted, 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.
Reports: Police Court - Monthly
Police Court - Annual
The City Manager commented on the following reports and recommended they be accepted and ordered
filed.
Police Court - Monthly Police Court - Annual
It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the reports be
accepted and ordered filed, 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.
Claims
Claims No. 8380 thru 8184 and 25069 thru 24857 inclusive were presented:
Cemetery $ 924.86 Water $ 4,373.28
Cemetery Susp. 300.00 Federation 168.56
Garbage 4,533.46 Stores 6,365.65
General 36,731. 60 Bogert 23,850.53
Library 2,742.71 B.V. Federation 38.24 I
Park 5,031. 94 HUD 25.42
Parking Meter 147.69 Printing Service 46.57
Planning Board 769.23 Supplies 166.11
S.D. S. 6,196.76 Vehicle Repair 52.15
S.LD. 's 129,421. 26 76 W & C 23.58
Street 6,591.68 Parking Commission 6.75
TOTAL $ 228,508.03
The City Manager checked the claims and found them to be true and lawful claims against the
City of Bozeman and recommended they be approved and the Director of Finance be instructed to issue
warrants in payment.
It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the claims be
approved as presented, 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.
Ad;ournment
There being no further business to come before the Commission at this time, it was moved by
Commissioner Sedivy, seconded by Commissioner Taylor, that the meeting be adjourned and the motion
was carried by the following Aye and No vote: those voting Aye being Commissioner Sedivy, Commissioner
Taylor, Commissioner Vandeventer, commiS(ioner Leq\~ind, and MaY=-:~me:}those voting No, none.
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ES W. VOLLMER, Ma
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Clerk of the City Commission