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Bozeman, Montana
26 February 1975
The Commission of the City of Bozeman met in regular session in the Commission Room. Municioal
Building. 26 February 1975. at 1:15 o'clock p.m. Present were Mayor Sedivy, Commissioner Vollmer.
Commissioner Vandeventer. Commisssioner Taylor. Commissioner Lehrkind. City Manager Fryslie.
Assistant City Manager Wolf. City Attorney Berg and the Clerk.
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Commissioner Vandeventer opened the meeting with a prayer and the following proceedings were
had:
Minutes of the regular meeting held on Wednesday. 19 February 1975 were approved as read.
Hearing - Commission Resolution No. 1721 - Intent to Create SID No. 548 - First Phase Paving Graf's
Third Addition
Commission Resolution No. 1725 - Creating SID No. 548
This was the time and place set in Commission Resolution No. 1721 to hear the protests to the
creation of Special Improvement District No. 548. Affidavit of publication of Notice and the Clerk's
mailing certificate were presented. There were no written protests on file, and no one appeared to
protest verbally. It was moved by Commissioner Vollmer. seconded by Commissioner Vandeventer. that
Commission Resolution No. 1725 creating Special Improvement District No. 548 for the purpose of
construction and installation of paving and necessary storm drains on portions of Arnold Street.
Henderson Street. and Colter AVenue in Graf's Third Addition to the City of Bozeman. entitled:
COMMISSION. RESOLUTION NO. 1725
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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. 548 OF THE CITY OF BOZEMAN
FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING AN ASPHALTIC
CONCRETE TYPE PAVEMENT, INTEGRAL CONCRETE CURB AND GUTTER.
AND NECESSARY APPURTENANCES THERETO; ALSO CONSTRUCTION AND
INSTALLATION OF NECESSARY STORM DRAINAGE PIPE. INLETS, MANHOLES.
DITCHES, AND APPURTENANCES NECESSARY TO STORM DRAINAGE ON
PORTIONS OF ARNOLD STREET, HENDERSON STREET. AND COLTER AVENUE
IN GRAF' S THIRD ADDITION TO THE CITY OF BOZEMAN. MONTANA.
as prepared by the City Attorney be passed and adopted. 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.
Flood Hazard District (Zoning)
Consideration on an amendment to the Zoning Code creating the Flood Hazard District. Section 21.
having been deferred for a period of one week for the purpose of further study and to investigate
whether the map prepared by the State Department of Natural Resources or the map prepared by HUD
should be the one adopted into the City Zoning Ordinance was again presented for consideration and a
final decision.
The City Engineer contacted the Board of Natural Resources and found that the map prepared by
HUD and specified inthe HUD publication would be the official map used to determine the flood hazard
area in the Bozeman District Section 21.
Following further discussion. it was moved by Commissioner Vandeventer. seconded by Commissioner
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Taylor. that the amendment to the Zoning Code creating the Flood Hazard District. Section 21 as
designated in the East Gallatin River and Upper Tributary Flood Hazard Analysis be approved 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. The Commission expressed dissatisfaction with the manner in which terms of flood hazard
zoning were directed by higher levels of government; i.e. Federal and State.
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Bozeman Area subdivision Regulations
The proposed Bozeman Area Subdivision Regulations which have been prepared pursuant to the
MOntana subdivision and Platting Act (Section 11-3859 through 11-3876. R.C.M.. 1947) having been
tabled for further study by the Commission was removed from the table and presented for discussion
and a final decision.
After reviewing the Subdivision Regulations, the controversial issue calling for paved roads
in all subdivisions was amended. A gravel road meeting county specifications will temporarily
replace the paved road requirement.
After additional review. the improvement requirements will again receive the attention of the
City Commission and an upgrading of the standards will be adopted at that time. It was moved by
Commissioner Taylor. seconded by Commissioner Lehrkind. that the Bozeman Area Subdivision Regulations
as amended be approved with the stipulations as stated above. 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.
Board Appointments
Mayor Sedivy announced his appointment of Mrs. Rex Troth and Mr. Joseph Basile to the Library
Board to replace Mrs. HenryCampbell and Mr. Hiney Lund whose time expired and who did not wish to be
reappointed to the Board. It was moved by Commissioner Lehrkind. seconded by Commissioner Vol1mer.
that they concur in Mayor Sedivy's appointment of Mrs. Rex Troth and Mr. Joseph Basile to the Library
Board for a 5 year period ending 31 December 1979 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.
proclamation - Music in Our Schools
March 13. 1975 has been declared Nationally as "Music in Our Schools" Day. and Mayor Sedivy
proclaimed Thursday. 13 March. as "Music in Our Schools" in the City of Bozeman in accordance
therewith.
It was moved by Commissioner Vollmer. seconded by Commissioner Vandeventer, that they endorse
the Mayor's proclamation. 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.
Authorization to Conduct Muscular Dvstrophy Drive - March 15 - Rainbow Girls
A letter received from Shirley DeBelly. Mother Advisor of Bozeman Assembly No. 21. Order of
Rainbow for Girls. requesting permission to sell Shamrocks for Muscular Dystrophy on 15 March 1975.
in the Downtown Business Area and at the Shopping Centers was presented. It was moved by Commissioner
Vandeventer. seconded by Commissioner Taylor. that the request to hold the Shamrock Tag day be
granted. 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.
Certificate of Substantial Completion - Fire Substation
The Certificate of Substantial Completion of the new Fire Substation as prepared by Mr. George
Mattson. Architect. having been completed in accordance with the plans and specification. was
presented.
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It was moved by Commissioner Taylor. seconded by Commissioner Lehrkind. that they declare a
recess for the purpose of inspecting the New Fire Substation before accepting the same. The motion
was carried by the following Aye and No vote: those voting Aye being Commissioner Taylor.
Commissioner Lehrkind. Commissioner Vollmer. and Commissioner Vandeventer and Mayor Sedivy; those
voting No, none.
Annexation and Utility Connection Agreement - BO-MAR Enterprises, Inc.
An Annexation and Utility Connection Agreement by and between the City of Bozeman and Be-MAR
Enterprises. Inc.. for permission to connect the property in the Southeast one-quarter of the
Southeast one-quarter of Section 31. Township One South. Range Six East of M.P.M.. Gallatin County,
City of Bozeman at no cost to the City of Bozeman was presented.
Following a discussion. the Commission concurred with the recommendation of the City Manager.
and it was moved by Commissioner Lehrkind. seconded by Commissioner Vollmer, that the Annexation
and Utility Connection Agreement having been executed by Be-MAR Enterprises, Inc.. be approved and
the Mayor and Clerk of the Commission be authorized to sign for the City, 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.
Request for SID - Water & Sewer in Figgins Addition, 2nd phase
A letter received from Eugene Graf. Jr.. petitioning the City of Bozeman to create a special
improvement district for the installation of water and sewer lines in the Figgins Addition, 2nd
phase was presented.
The Commission concurred with the recommendation of the City Manager. and it was moved by
Commissioner Vollmer. seconded by Commissioner Vandeventer. that they instruct the City Attorney to
draw up the resolution of intention to create the special improvement district for the water and
sewer lines in the Figgins Addition. 2nd phase as soon as the City Staff furnishes the necessary
information. The motion was carried by the following Aye and No vote: those voting Aye being
Commissioner Vollmer. Commissioner Vandeventer. Commissioner Lehrkind and Mayor Sedivy; those
voting No being Commissioner Taylor.
Recess 2:35 o'clock p.m.
Reconvene 3:30 o'clock p.m.
Certificate of Substantial Completion - Fire Substation
Following inspection of the new Fire Substation. the City Manager concurred in the recommendation
of the Architect and recommended that the project be accepted and approved by the City Commission.
This final acceptance does not relieve the contractor of responsibility for negligence or faulty
materials or workmanship to the extent and period provided by law. It was moved by Commissioner
Vandeventer, seconded by Commissioner Taylor, that as recommended. the project be accepted as
completed 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.
Adjournment
There being no further business to come before the Commission at this time. it was moved by
Commissioner Taylor, 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 Taylor.
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Commissioner Lehrkind. Commissioner Vollmer. Commissioner Vandeventer and Mayor Sedivy; those
voting No, none.
ATTEST:
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.-- EDMfl D P. SEDiVY. ~ Mayor
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ER;;:~: (~~"D~;~c~;;.r
Clerk of the City Commission
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