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Bozeman. Montana
21 August 1974
The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, 21 August 1974, at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner
Vollmer, Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind, City Manager
Fryslie, City Attorney Berg and the Clerk. I
Commissioner Vandeventer opened the meeting with a prayer and the following proceedings
were had.
Minutes of the regular meeting held on Wednesday, 14 August 1974, were approved as read.
Open Bids - 90,000 lbs. Chlorine
This was the time and place set for opening bids for the purchase of approximately 90.000
1bs. liquid chlorine for the water department and the waste water treatment plant. It was
moved by Commissioner Vollmer. seconded by COmmissioner Vandeventer, that the bids be opened and
read and the motion was carried by the following Aye and No vote: those voting Aye being
Commissioner Vollmer, Commissioner Vandeventer, Commissioner Taylor, COmmissioner Lehrkind, and
Mayor Sedivy; those voting No, none.
The following bids were then opened and read:
SEC Corp. Billings, MT 35,000 Liquid Chlorine 150 Ib Cylinders $ 29.85 Each
55,000 Liquid Chlorine 1 ton Cylinders $186.90 Each
The City Commission concurred with the recommendation of the City Manager and it was
moved by Commissioner Vandeventer. seconded by Commissioner Taylor, that the bid of SEC Corpora-
tion, Billings, Montana, it being the only bid submitted, be referred to the staff for tabu- I
1ation and recommendation to be made to the Commissioners at their next meeting on Wednesday.
28 August 1974. The motion was carried by the following Aye and No vote: those voting Aye
being Commissioner Vandeventer. Commissioner Taylor. Commissioner Lehrkind, Commissioner
Vollmer, and Mayor Sedivy; those voting No, none.
r~nsideration of SID No. 546 - Durston ~oad, Et c. - Storm Ora inage
Action on Special Improvement District No. 546. for the purpose of constructing and
installing a trunk storm drainage system along Durston Road from North Eleventh AVenue to
North Eighteenth Avenue, having been delayed for a period of one week for further study and to
consider the 36.67% protest, was again presented.
Following a discussion. the Commission concurred in the recommendation of the City Manager
and it was moved by COmmissioner Taylor. seconded by Commissioner Lehrkind, that they honor
the protests and do not create Special Improvement District No. 546 and the motion was carried
by the following Aye and No vote: those voting Aye being Commissioner Taylor, Commis s ioner
Lehrkind, Commissioner Vollmer, Commissioner Vandeventer, and Mayor Sedivy; those voting No. none.
The Commission concurred in the recommendation of the City Manager that a number of the
alternate suggestions discussed during the public hearing be considered. I
r:ontinued Hearing - Proposed Zoning r.hanges. Story Hill
The request from Rick Mayfield for a zoning change from AS Zoning to R-1, R-2, RS-5,
B-1, and B~2 in a portion of Section 2, all of Section 3, and portions of Sections 4 and 5,
Township 2 South, Range 6 East, M.P.M.. and known as Story Hills Subdivision, having been
continued for a period of one week for view of the area and further study of the application,
was presented for a continued hearing, consideration, and a final decision.
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Several interested persons were again present to discuss the zoning changes.
Development Planners Overturf, Strand, & Associates were also present to answer any
questions that might arise.
upon recommendation of the City Manager and in compliance with the recommendation of
the Bozeman Zoning Commission, it was moved by Commissioner Lehrkind, seconded by Commissioner
I Vollmer, that they approve the requested zoning changes, contingent upon the fo11owi.ng stipula-
tions.
1. The planned Unit Development Section of the Zoning C~de be reviewed for
possible amendments, with specific consideration given to amendments which
would increase the densities for RS Districts and which would explicitly
state that any residential use or combinations of uses may be allowed in a
residential district under P.U.D.
2. All subdivisions of land in this area must meet full subdivision requirements.
3. The primary road system as shown on the zoning plan be dedicated to the public.
4. A second access road of equal standard to the present road be developed for
the total area with ingress-egress off Little Bridger Creek Road and leading
to public access from old U.S. 10. This road to be established by the primary
developer on or before 1 June 1977, or when there are 400 living units, either
occupied or under construction, within the total area, whichever comes first.
It was also stipulated that a statement be included in the minutes that, as planned unit
developments, subdivisions or resubdivisions are submitted to the City for review, the following
items will be meticulously examined:
1. Water
2. Sewer
3. Road Circulation
{L Complete Community Impact and Environmental Assessment Report
I The motion was carried by the following Aye and No vote: those voting Aye being
Commissioner Lehrkind, Commissioner Vollmer, Commissioner Vandeventer, Cornmiss ioner Taylor,
and Mayor Sedivy; those voting No. none.
R~port - Mayor's Bicycle Pathway Advisory Committee
Members of the K~yorls Advisory Committee, on a Bozeman Bicycle Pathway System, appeared
before the Commission to present the final report of the Bicycle Pathway System.
It was moved by Commissioner Vollmer, seconded by Cnmmissioner Vandeventer, that they
acknowledge receipt of this report to be studied for a period of one week and thank the members
of this committee for the completeness and quality of the report. The motion was carried by
the following Aye and No vote: those voting Aye being Commissioner Vollmer. Commissioner
Vandeventer, Commissioner Taylor. Commissioner Lehrkind, and Mayor Sedivy; those voting No, none.
Reappointment: Board of Adjustment - Garvan Wiman and Glen Harrington
Mayor Sedivy announced his reappointment of Garvan Wiman and Glen Harrington to the
Board of Adjustment through 31 December 1976. It was moved by Commissioner Vandeventer,
seconded by Commissioner Taylor, that they concur in Mayor Sedivy's reappointments and the
motion was carried by the following Aye and No vote: those voting Aye being Commissioner
I Vandeventer, COmmissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer, and Mayor
Sedivy; those voting No, none.
Ordinance No. 950 - Gambling Regulations
ORDINANCE NO. 950
AN ORDINANCE OF THE CITY OF BOZEMAN PROVIDING FOR THE ISSUANCE,
SUSPENSION, AND REVOCATION OF GAMBLING LICENSES AND LICENSES FOR CARD
GAMES, BINGO, RAFFLES, AND SPORT POOLS.
as prepared by the City Attorney for providing for the issuance, suspension, and revocation of
gambling licenses and licenses for card games, bingo, raffles, and sport pools, was presented.
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It was moved by Commissioner Taylor. seconded by Commissioner Lehrkind. that Ordinance No. 950,
setting forth the Gambling Regulations. be passed and adopted and the motion was carried by
the following Aye and No vote: those voting Aye being Commissioner Taylor, Commissioner Lehrkind,
Commissioner Vollmer, Commissioner Vandeventer. and Mayor Sedivy; those voting No, none.
Assessment Resolutions: No. 1696 Assess SID 525 $42.087.40
No. 1697 Assess SIn 526 $76.814.22 I
No. 1698 Assess SIn 527 $69.257.69
No. 1699 Assess SIn 528 $58.365.60
No. 1700 Assess SIn 529 $49.762.34
No. 1701 Assess SIn 533 $19.230.35
Commission Resolution No. 1696 levying the final assessment for the construction of
trunk sewer line. Figgins' and Graf's Third Addition, SID No. 525 in the total amount of
$42.087.40, was presented, entitled:
COMMISSION RESOLUTION NO. 1696
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA. LEVYING
AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN
SPECIAL IMPROVEMENT DISTRICT NO. 525 IN THE CITY OF BOZEMAN, COUNTY OF
GALLATIN. STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING
THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 525.
It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer, that Commission
Resolution No. 1696 be provisionally passed and adopted and 28 August be set as the date for
public hearing andtbe'motion was carried by the following Aye and No vote: those voting Aye
being Commissioner Lehrkind, Commissioner Vollmer, Commissioner Vandeventer. Commissioner
Taylor, and Mayor Sedivy; those voting No, none.
Commission Resolution No. 1697 levying the final assessment for the construction of
a trunk watermain, Figgins' and Graf's Third Addition, SIn No. 526 in the total amount of I
$76.814.22. was presented, entitled:
COMMISSION RESOLUTION NO. 1697
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN. MONTANA. LEVYING
AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN
SPECIAL IMPROVEMENT DISTRICT NO. 526 IN THE CITY OF BOZEMAN. COUNTY OF
GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING
THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 526.
It was moved by Commissioner Vollmer. seconded by Commissioner Vandeventer, that Commission
Resolution No. 1697 be provisionally passed and adopted and 28 August be set as the date for
public hearing and the motion was carried by the following Aye and No vote: those voting Aye
being Commissioner Vollmer, Commissioner Vandeventer. Commissioner Taylor, Commissioner Lehrkind.
and Mayor Sedivy; those voting No, none.
Commission Resolution No. 1698 levying the final assessment for the construction of
sanitary sewer lateral mains. Figgins' and Graf's Third Addition. SID No. 527 in the total
amount of $69,257.69. was presented, entitled:
COMMISSION RESOLUTION NO. 1698
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA. LEVYING
AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN I
SPECIAL IMPROVEMENT DISTRICT NO. 527 IN THE CITY OF BOZEMAN, COUNTY OF
GALLATIN. STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING
THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 527.
It was moved by Commissioner Vandeventer. s:econded by Commissioner Taylor. that COmmission
Resolution No. 1698 be provisionally passed and adopted and 28 August be set as the date for
public hearing and the motion was carried by the following Aye and No vote: those voting Aye
being Commissioner Vandeventer. Commissioner Taylor, Commissioner Lehrkind, Commissioner
Vollmer, and Mayor Sedivy; those voting No, none.
Commission Resolution No. 1699 levying the final assessment for the construction of
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water laterals, Figgins' and Graf's Third Addition, SID 528 in the total amount of $58,365.60,
was presented. entitled:
COMMISSION RESOLUTION NO. 1699
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING
AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN
SPECIAL IMPROVEMENT DISTRICT NO. 528 IN THE CITY OF BOZEMAN, COUNTY OF
I GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING
THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 528.
It was moved by Commissioner Taylor, seconded by Commissioner Lehrkind, that Commission
Resolution No. 1699 be provisionally passed and adopted and 28 August be set as the date for
public hearing and the motion was carried by the following Aye and No vote: those voting Aye
being Commissioner Taylor. Commissioner Lehrkind, Commissioner Vollmer, Commissioner Vandeventer,
and Mayor Sedivy; those voting NO,none.
Commission Resolution No. 1700 levying the final assessment for the construction of
water and sanitary sewer. North 21st to Durston, Western General Enterprises, SID 529 in the
total amount of $49.762.34, was presented, entitled:
COMMISSION RESOLUTION NO. 1700
A RESOLlITION OF THE COMMISSION OF THE CITY OF HOZEMAN, MONTANA. LEVYING
AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN
SPECIAL IMPROVEMENT DISTRICT NO. 529 IN THE CITY OF BOZEMAN, COUNTY OF
GALLATIN. STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING
THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 529.
It was moved by Commissioner Lehrkind, seconded by Commissioner Vollmer. that Commission
Resolution No. 1700 be provisionally passed and adopted and 28 August be set as the date for
I public hearing and the motion was carried by the following Aye and No vote: those voting Aye
being Commissioner Lehrkind, Commissioner Vollmer, Commissioner Vandeventer, Commissioner
Taylor, and Mayor Sedivy; those voting No, none.
Commission Resolution No. 1701 levying the final assessment for the construction of
watermain lateral. Remington Addition, SID 533 in the total amount of $19,230.35, was presented,
entitled:
COMMISSION RESOLlITION NO. 1701
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING
AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL
IMPROVEMENT DISTRICT NO. 533 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN.
STATE OF MONTANA. TO DEFRAY THE COST OF CONSTRUCTING AND MAKIN~ THE
IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 533.
It was moved by Commissioner Vollmer. seconded by Commissioner Vandeventer, that Commission
Resolution No. 1701 be provisionally passed and adopted and 28 August be set as the date for
public hearing and the motion was carried by the following Aye and No vote: those voting Aye
being Commissioner Vollmer. Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind,
and Mayor Sedivy; those voting No, none.
T~ility Easement to New Fire Sub-Station
I A Utility Easement to Right of Way Agreement between the Farmers Canal Company and the
City of Bozeman for use of a strip of land 25 feet wide alongside of South 19th Avenue, for the
purpose of constructing and installing a water. sewer, and a driveway culvert, and necessary
appurtenances to serve various properties located within, the southwesterly portion of the City
of Bozeman, was presented.
The City Manager recommended that the City enter into the Easement and Right of Way
Agreement, approved as to form by the City Attorney, and it was moved by Commissioner Vandeventer,
seconded by Commissioner Taylor, that Easement and Right of Way Agreement be entered into by
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the City and the Mayor and Clerk of the Commission be authorized and directed to sign for
the City and the motion was carried by the following Aye and No vote: those voting Aye being
Commissioner Vandeventer, Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer,
and Mayor Sedivy; those voting No, none.
Reports
The following reports were presented: I
Cashier
Directbr of Finance
Director of Public Service
The City Manager commented on the reports and recommended approval thereof. It was
moved by Commissioner Taylor. seconded by Commissioner Lehrkind. that the reports be approved
and ordered filed and the motion was carried by the following Aye and No vote: those voting
Aye being Commissioner Taylor, Commissioner Lehrkind, Commissioner Vollmer, Commissioner Vandeventer,
and Mayor Sedivy; those voting No, none.
Request to Conduct UNICEF Drive. 30 October 1974
A letter received from Mrs. Marita Holder, President of the Church Women United of Bozeman,
requesting authority to conduct a UNICEF Drive to be held on Wednesday, 30 October or Friday,
1 November, was presented. It was moved by Commissioner Lehrkind, seconded by Commissioner
Vollmer. that permission to conduct the fund drive on Wednesday. 30 October 1974, be granted,
and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner
Lehrkind, Commissioner Vollmer, Commissioner Vandeventer. Commissioner Taylor. and Mayor Sedivy;
those voting No, none. I
Adjournment
There being no further business to! be brought before the Commission at this time, it wa s
moved by Commissioner Vollmer, seconded by Commissioner Vandeventer. that the meeting be
adjourned. the motion was carried by the following Aye and No vote: those voting Aye being
Commissioner Vollmer. Commissioner Vandeventer, Commissioner Taylor, COmmissioner Lehrkind.
and Mayor Sedivy; those voting No, none.
ATTEST:
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