Loading...
HomeMy WebLinkAbout1986-02-03 ~G MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA February 3, 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 3, 1986, at 4:00 p.m. Present were Mayor Mathre, Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, I Assistant City Manager Barrick, City Attorney Crumbaker-Smith 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 dis- cussion. Minutes - January 27, 1986 It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of the regular meeting held on January 27, 1986, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Statement by Commissioner Martel Commissioner Martel requested an opportunity to submit a statement to the Commission concerning last week's discussion on the possible conflict of interest with Mayor Mathre's employment with the Local Government Center located at Montana State University. The Com- missioner noted that personal verbal attacks were exchanged during last week's discussion; and members of the Local Government Study Commission from ten years ago and now submitted answers to prepared questions. Commissioner Martel noted that the focal point of the discussion became the Local Government Study Commission, rather than the Local Government Center; and that question sti II I remains. He then questioned why Mayor Mathre abstained from voting to approve the claim of $1,324.24 to the Political Science Department. He further noted concern that the City of Bozeman and Gallatin County governments have paid approximately $3,000.00 to the Center, or 20% of their budget for this fiscal year. The Commissioner then apologized for his intemperate statement to the press after the Commission meeting had adjourned, noting that he meant no physical attack on anyone, although the Commissioners may exchange words during various discussions. Open bids - computer tape drive for the IBM System/38 This was the time and place set to open bids for the computer tape drive for the IBM System /38. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the bids for the computer tape drive for the IBM System/38 be opened and read. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. The following bids were then opened and read aloud. Bid Amount IBM Helena, Montana $15,205.00 Ocean Computers, Inc. I Playa Del Rey, California $ 8,000.00 It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the bids for the computer tape drive for the IBM System/38 be referred to staff for review and a recommen- dation to be submitted at next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. 02-03-86 41 Discussion - application for CDBG economic development program as submitted by King Tool Company City Manager Wysocki reminded the Commission that copies of the application summary and accompanying letter from King Tool, Inc., were included under the "FYI" items at last week's meeting. He noted that included in this week's packet is a memo from Senior Planner Mike Money. The City Manager then noted that a public hearing on this item was held at 2: 00 I this afternoon; and a second public hearing has been scheduled for 10:00 a.m. on Tuesday, February 18, with the deadline for applications being March 1, 1986. He stated that the Senior Planner is present to answer any questions from the Commissioners. Commissioner Stiff noted the memo expresses concern that only one application may be submitted during a fiscal year, although a request has been submitted to amend that regulation to allow more than one application from a governmental agency during a fiscal year. He then questioned whether the City should proceed with this appl ication at this time. since it is considering the possibility of applying for another grant this fall. Senior Planner Money stated that a telephone call to Helena revealed that the current CDBG program is under the 1984 fiscal year; the subject application would be in the 1985 fiscal year; and a possible fall application would involve 1986 fiscal year monies, since the new fiscal year begins on August 1 of each year. He noted these three applications would not conflict with each other in any way under the existing regulations. Commissioner Vant Hull noted the application summary refers to costs to the City involv- ing two public notices and staff review time, and questioned what those costs might be. The City Manager stated the application was prepared with the idea that someone other than the City would administer the program; but the final determination on that has not yet been made. He indicated that is a separate issue which will be dealt with later, and asked the Commission to consider the current issue, which is whether to sponsor this application. Commissioner Stiff noted the memo from Senior Planner Money indicates one of the biggest advantages of sponsoring this application is that the repaid monies would increase the amount in I the grant program and help to justify the administration of the program. The Senior Planner indicated that is correct. He noted that up to 18 percent of the income from the program can be utilized for administration; and combining the existing program with this program, if it is approved, will create a more viable grant program for the future. Commissioner Vant Hull asked Senior Planner Money if he feels the rules for the program should be changed. The Senior Planner encouraged the Commission to write a letter supporting the request to allow two grants to a governmental entity in the same fiscal year. He noted the application for the change is being sponsored by Missoula County and Butte/ Silver Bow; but letters of support from various communities around the state should substantiate the need for changing this regulation. Commissioner Vant Hull then asked the Senior Planner if he would be willing to draft a letter for the Mayor's signature; and he indicated that he would. City Manager Wysocki indicated that the staff supports the possibility of submitting one application for the general block grant monies as well as one application for the economic development monies within the same fiscal year. Mayor Mathre asked what type of constraints will apply to the payback monies from this grant. The Senior Planner stated that the resolution drafted by the consultant stipulates the monies will be used for economic development. The City Manager suggested the Commission may wish to revise the resolution to provide that the payback monies can be utilized for any HUD-eligible activities, which would provide more flexibility. I Mayor Mathre asked what type of testimony was submitted during the public hearing held earlier this afternoon. Senior Planner Money listed those in attendance; and the testimony submitted supported economic development. He noted that one of the comments was that in order to address the problem of poverty, one must provide education and jobs; and this economic development application would provide additional jobs in the community. City Manager Wysocki recommended that the Commission agree to sponsor the application submitted by King Tool, Inc. He noted that the staff will conduct a second public hearing on February 18, and will bring back a resolution forwarding the application to the State. 02-03-86 -~-- ~8 It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission agree to sponsor the application submitted by King Tool Company for the Community Development Block Grant economic development program. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Mayor Mathre then asked if the Commission is interested in sending a letter to the State supporting the option of submitting more than one application in a fiscal year. I It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission request the Planning Staff to draft a letter to the State of Montana Department of Commerce supporting a revision in the CDBG program to allow a governmental entity to submit an applica- tion for general funding as well as for economic development monies within the same fiscal year, with the draft letter to be submitted to the Commission for review at next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Discussion - pro osal for issuance of courtes ermits as submitted b Chamber of ommerce City Manager Wysocki presented to the Commission a letter from Daria Joyner, Executive Vice-President of the Bozeman Area Chamber of Commerce, proposing that the Chamber of Commerce issue courtesy parking permits for those attending conventions in Bozeman. He noted that Russ Heliker, President of the Downtown Bozeman Association, has submitted a letter of support for the proposal. The City Manager noted that he has asked Daria Joyner to talk to the University to see if these permits should apply to on-campus parking as well as in the business community. Ms. Joyner stated that this year appears to be a large convention year for Bozeman, with 5,000 already projected to attend various conventions through May. She noted one of the com- plaints usually heard from those who have attended conventions is the receipt of overtime parking tickets while shopping in the downtown area. She noted the proposed courtesy parking I tickets would apply to two-hour parking areas only in the downtown area and should provide a welcoming gesture for those coming into the community for conventions. Ms. Joyner noted that the Chamber did issue courtesy parking permits several years ago but discontinued the practice. Daria Joyner then stated that courtesy parking permits would be issued in the packet of information provided to those attending conventions and would be dated so they are valid only for the length of the convention. She indicated the permits could then be displayed in a prominent place easily visible to the parking attendant, such as on the dash or on the wind- shield. She noted that dating of the permits would avoid any problem with the permits being utilized over an extended period of time. Ms. Joyner then stated that she talked with the University and found that they have implemented a process for convention parking and the handling of any tickets which may be issued; therefore, they see no need for the courtesy parking permits for parking on the campus. Commissioner Vant Hull expressed support for the proposal. She then noted that, although the proposed courtesy parking ticket refers to overtime parking, she would suggest that in small print it also contain an indication that the permit is not valid in handicapped parking stalls. The Commissioner then asked if the courtesy parking tickets would result in a substantial loss of revenue to the City. City Manager Wysocki stated he is not sure. He then noted that most of those attending conventions do not go shopping in the downtown area for more than two hours at anyone time. The City Manager then noted that conventions are usually not held during the Christmas shopping I season, which is when the need for turnover in the parking spaces every two hours is important. He then recommended that the Commission support the proposal. Mayor Mathre asked if the courtesy parking permits would be used in the parking lots In the downtown area; and Ms. Joyner indicated they would be. The Mayor then noted that the Parking Commission controls the parking lots; and this proposal should be submitted to them for consideration. She noted the Commission cannot make a final decision on the matter until the Parking Commission's action has been submitted. 02-03-86 '19 Commissioner Jordan indicated he would prefer that the courtesy parking permits be used in the parking lots rather than on Main Street, where the two-hour turnover time is more important. He noted the courtesy parking permits could possibly contain language suggesting that they be utilized in the parking lots, even though they would be valid for on-street as well as off-street parking in the downtown area. Commissioner Jordan then asked if specified areas in the parking lots are reserved for I those who have leased parking stalls. He noted some of the areas are signed, while others are not and suggested that additional signing might alleviate problems. Mayor Mathre suggested that the Commissioner submit his recommendations to the Parking Commission, since that body is responsible for the parking lots. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commis- sion approve the proposed courtesy parking permits as presented by the Chamber of Commerce, contingent upon a favorable report from the Parking Commission. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Application for Beer License - Stromboli's, Inc., 19 Tai Lane - through December 31, 1986 City Manager Wysocki presented to the Commission an application, along with the re- quired fee, for a Beer License on behalf of Stromboli's, Inc., 19 Tai Lane, for the period through December 31, 1986. The City Manager noted that this establishment recently changed ownership; and the State is currently in the process of transferring the license. He then recommended that the Commission grant temporary approval of the application, contingent upon recei pt of the State License. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission grant temporary approval of the Beer License requested by Stromboli's, Inc., 19 Tai Lane, for the period through December 31, 1986, pending the receipt of the State License. The motion carried by the following Aye and No vote: those voting Aye being Commissioner I Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. Request for waiver of the open container ordinance - Bozeman Area Hockey Association - February 7, 8, and 9, 1986 - Bogert Pavi II ion City Manager Wysocki submitted to the Commission a request for waiver of the open container ordinance as submitted by the Bozeman Area Hockey Association. He noted this request is for the upcoming Friday, Saturday and Sunday from 10:00 a.m. to 3:00 p.m. and from 5:00 p.m. to 10:00 p.m., during a hockey tournament to be held at the Bogert Pavillion. He then noted that the Assistant City Manager has reviewed the application and recommended denial because of the extended period of time requested as well as the fact that this site is located in a residential area. The City Manager then concurred in that recommendation for denial. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission deny the request for waiver of the open container ordinance as submitted by the Bozeman Area Hockey Association, due to the extended period of time and the fact that the site is located in a residential area. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Discussion - FY I items I City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A letter of response from Gary Wicks, State Highway Department, concerning the City's application for a third interchange and suggesting the City may wish to contact a Highway Commissioner located in Butte. The City Manager indicated an interest in contacting the suggested Highway Commis- sioner and stated he will report back to the Commission. (2) An invitation to the Commissioners to attend a meeting with the Library Board of 02-03-86 50 Trustees on Tuesday, February 11 at 2: 00 p. m. All of the Commissioners indicated they will attempt to attend the meeting. (3 ) A letter from Rolf C. Johnson concerning the need for sidewalks along North Seventh A venue. Mayor Mathre indicated she plans to discuss this at the Interagency Breakfast later this week. She then requested this Item be placed on the agenda within a month for discussion. (4) The City Manager indicated he and Di rector of Finance Gamradt are conducting the I mid-year budget review; and this item will be placed on the agenda within the next two weeks. (5) The City Manager then stated that the Board of Trustees for the League insurance program met in Bozeman last Friday; and the majority of the discussion centered around liability and property damage insurance. He noted the group is facing problems obtaining re-insurance and may need to seek legislative change to provide an alternative method of covering large losses. The City Manager then gave a brief update on the Workers' Compensation portion of the program, noting that 29 cities wi II be participating as of February 15, 1986. (6) Mayor Mathre noted there will be a meeting on insurance crisis this Wednesday at 7:30 p.m. in the Library. She indicated that possible legislative changes on insurance will be discussed and suggested that the City may be interested in attending. (7) The City Manager noted there have been articles in the newspaper recently about the UDAG project and proposed changes. He indicated he is currently working with the UDAG office in Denver to change the location and nature of the project and may travel to Denver later this month to meet with someone from the Washington, D. C., office if the project appears viable. (8) Mayor Mathre noted the Interagency Breakfast wi II be held at 7: 00 a. m. on Wednesday, February 5 at the GranTree Inn. Consent Items Items. II I Re It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission approve the Consent Items as listed above, and that the appropriate persons be authorized and directed to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Recess - 5:05 p.m. Mayor Mathre declared a recess at 5:05 p.m., to reconvene at 7:00 p,m. for the purpose of conducting the scheduled public hearing. Reconvene - 7:00 p.m. Mayor Mathre reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearing. This was the time and place set for the continued public hearing on the Conditional Use I Permit requested by Delta Gamma Sorority, Quad F, to allow a women's sorority on Lots 7, 8, 9 and 10 of Jollife Rearrangement of Block 15, Capitol Hill Addition. This site is more commonly known as 405 West Cleveland Street. Mayor Mathre opened the continued publ ic hearlng. Assistant Planner Marcia Elkins presented the Staff Report. She noted that under the 02-03-86 5:1. requested Conditional Use Permit, the existing structure at 405 West Cleveland Street would be utilized to house up to sixteen persons. She indicated that five parking spaces would be pro- vided at the back of the lot, with access to be from the alley. The Assistant Planner then indicated that the Planning Staff recommended approval of the requested Conditional Use Permit, subject to six conditions. Assistant Planner Elkins indicated that three major issues discussed at the Zoning Com- I mission meeting included density of the proposed use, vehicular impacts and fire safety. She noted the proposed density and vehicular traffic for this use would be similar to that created by a four-plex, which is allowed in an R-3, Residential--Medium-density District, zone. She then indicated that the structure must be in compliance with fire safety regulations prior to occupancy. The Assistant Planner stated that, following a 3i-hour public hearing, the Zoning Commission recommended denial; and a copy of that resolution has been forwarded to the Commis- sion. She noted that the reasons cited for denial include the detrimental changes in the parking in the area; setting of a precedent in the area; increase in disturbance in the area; pedestrian safety on South Fourth Avenue, which has no sidewalks; and significant adverse effects on the neighborhood. The following is a list of proponents for the Conditional Use Permit: Terry Schaplow Attorney for applicant Marianne Liebmann 7177 Jade Hill Lane Nancy Hopkins 417 East Story Street Peggy Schaplow 723 South Fifth Street Patricia A. Anderson Assistant Dean of Students, MSU Rolf S. Groseth Associate Dean of Students, MSU Julia Jarrett Quad F, 621 West Cleveland Street Robbin Wilson Quad F, 621 West Cleveland Street Dean Wright Quad E Dave Burgess 1310 South Sixth Avenue The following is a list of opponents for the requested Conditional Use Permit: J. Robert Planalp Attorney for neighborhood I Kathy Center 909 South Third Avenue Mike Hall 404 West Harrison Street Brad Stratton 915 South Third Avenue Hershel Carpenter 710 South Third Avenue Michael Sheldon 402 West Cleveland Street P.J. Hill 411 West Cleveland Street John G. Parker 901 South Third Avenue Eloise Taylor 402 West Cleveland Street Ginny Stratton 915 South Third Avenue Don Taylor 1002 South Third Avenue Dean Center 909 South Third Avenue James Goetz 120 West Cleveland Street This set of minutes presents only the highlights of the testimony submitted. The tapes of the meeting are the official record of the hearing. Mr. Terry Schaplow, attorney representing the Delta Gamma Sorority, stated the subject property is often referred to as Kay Dye's house or the old Bath house and is eligible for the National Historic Register. Mr. Schaplow then stated that Section 18.52.010(B) of the Bozeman Municipal Code lists the six criteria which must be considered when reviewing and making a decision on an applica- tion for a Conditional Use Permit. He noted that the Planning staff report, as prepared by Marcia Elkins, addresses each of those six criteria separately; and following that review recommends approval. He then urged the Commission to support the Planning Staff recommenda- tions as set forth in the report. Terry Schaplow then noted that, in spite of the recommendations submitted by the I Planning Staff, the Zoning Commission voted to recommend denial of the Conditional Use Permit, following a lengthy, emotional presentation by residents of the area who oppose this request. Mr. Schaplow then reminded the Commissioners that the decision must be based on the six criteria listed in the Code, not on emotions. He noted that if the Commission's decision is appealed to District Court, the Judge will not base his decision on any emotional testimony submitted by the residents, but on the six criteria listed in the Code. Mr. Schaplow noted the neighbors who are complaining have moved into the area, knowing that the area is within two or three blocks of the University campus and knowing it is zoned R-3, in which fraternities and sororities are allowed as a conditional use. He then submitted to 02-03-86 52 the Commission a letter from Dorothy Douglas Worthington stating that the Chi Omega Sorority rented the subject house from 1930 until 1936, noting that she resided there during 1931 and 1932. He also noted that another house located two blocks away on West Cleveland Street was the Kappa Delta sorority house unti I 1967 or 1968. Terry Schaplow then submitted to the Commission a letter from Wayne W. Dean, Thomas, Dean and Hoskins, Inc., addressing some of the items raised at the Zoning Commission meeting. The letter noted that several fraternities and sororities are located in the general neighborhood, I including the Delta Gamma sorority. Mr. Dean also noted in the letter that the five off-street parking spaces to be provided should improve the parking situation in that immediate area; and any traffic change in the neighborhood will be caused by a two and one-half block relocation of existing cars from Quad F to 405 West Cleveland Street. The letter further notes that denial of this application could establish a precedent for denial in other areas, which could reflect on relations between the City and the University. Mr. Dean's letter notes that Fourth Street is narrow; but further south it is paved to a width of 33 feet with sidewalks; and the City could order simi lar improvements if deemed necessary. In the final paragraph of his letter, Mr. Dean recommends that, based on the staff report and review of the parking and traffic situations, the Commission approve the Conditional Use Permit with the conditions recommended by the Planning Staff. Mr. Schaplow noted that the Delta Gamma sorority has complied with the parking require- ments as well as all other requirements contained in the Code. He also stated that none of those who testified in opposition to this request during the Zoning Commission provided hard facts about noise or disturbance from Delta Gamma and cautioned the Commission to consider the Delta Gamma sorority only, not all sororities, while reviewing this request. He noted the Delta Gammas have been known as being studious; and they had the highest grades in the Greek system during the Spring 1985 quarter. Mr. Schaplow then presented to the Commission a letter of support from Mrs. Ruth Pepper, 412 West Harrison Street; as well as a letter of support from Mr. Earl Peace, owner of the Topper Restaurant. I Break - 7:55 to 8:05 p.m. Mayor Mathre declared a break from 7:55 p.m. to 8:05 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Continued public hearing (continued) - Conditional Use Permit - Delta Gamma Sorority, Quad F - allow a women's sorority on Lots 7, 8, 9 and 10, -JoTlife ~earranqement of Block 15, Capitol Hili Addition (405 East Cleveland ~treet) Ms. Marianne Liebmann, Secretary-Treasurer of the chapter's House Corporation, indicated that the House Corporation is involved in the ownership of the building and property which house the Delta Gamma sorority and is comprised of alumni who are residents of Bozeman. She noted the Delta Gamma sorority was established in 1873; and the local chapter was begun in 1947. She indicated the sorority has strict regulations which prohibit the consumption of alcohol on the premises or property and which establish quiet time from 7:00 p.m. to 7:00 a.m. to provide study time. The sorority also has a full-time housemother living at the house, who oversees the day-to-day activities of the students. Ms. Liebmann noted the neighbors had expressed four areas of concern, including the safety of children residing in the area; parking congestion; noise; and the reduction of property values. She addressed each of those concerns in turn, noting those in the sorority are concerned about the children's safety as well. She noted that the site plan provides five off-street park- ing spaces in compliance with the Code; and the sorority will require that if any girl is unable I to park in that area because more than five cars are located at the residence, she must provide proof that she has obtained another off-street parking space for her vehicle. Ms. Liebmann then indicated that the House Corporation will provide additional buffering along the back yard if necessary to minimize any disturbances to the neighborhood. She noted that the Board of Adjustment recently denied a variance requested to allow graveling of the parking area as well as use of three existing parking spaces to minimize the impact of that area. Ms. Liebmann then indicated that the House Corporation plans to maintain the appearance of the residence and property, since it is in their best interests to maintain the value of their property; and she 02-03-86 53 does not feel that will cause a reduction of other property values in the area. She also indi- cated that the House Corporation will bring the house up to all fire and building safety codes prior to occupancy. Ms. Liebmann noted the Planning Staff recommends approval; the sorority fits into the existing neighborhood; and it meets all of the conditions recommended for approval. Ms. Nancy Hopkins, President of the House Corporation, urged the Commission to approve I the Conditional Use Permit. She then addressed each of the four concerns listed by Ms. Liebmann above. She noted concern has been expressed about setting a precedent; however, sororities and fraternities are already located in this general area. Ms. Hopkins noted that Fourth Street is narrow, but it is not an alley. She further stated that the girls are cognizant of the children's safety. Ms. Hopkins then indicated that Delta Gamma has met all six of the criteria set forth upon which to base a decision on a Conditional Use Permit and urged the Commission to approve the appl ication. Ms. Peggy Schaplow, Vice-President of the House Corporation, stated that the house at 405 West Cleveland Street needs to be brought up to fire and safety codes; and the House Corporation wi II do that prior to occupancy. She noted that the Planning Staff and the Historic Preservation Officer support this application. Ms. Schaplow then stated that Delta Gamma invited twenty-two neighbors to their house to discuss this request and listen to any concerns; and six people attended. Ms. Patricia Anderson, Assistant Dean of Students at MSU, stated that sororities playa role in a collegian's life which supplements the classroom learning. She then indicated that, as an advisor to the Panhellenic Council, she is aware of some of the problems to which neighbors referred during the Zoning Commission meeting. She noted that behavior problems were numerous during the 1970's; but those patterns have changed for the better during recent years. Ms. Anderson further noted it is important to look at Delta Gamma as a separate group, noting that their behavior has been exemplary, even during the 1970's. Ms. ,Anderson then stated that Mr. Rolf Groseth, Dean and fraternity advisor, had also I planned to be at this meeting but was called away on an emergency. She indicated that he had reviewed the all-student list and picked out all addresses within a four-block area of 405 West Cleveland Street and found there are 991 students living in that area. Ms. Julia Jarrett, Past President of Delta Gamma, 621 West Cleveland Street, stated the testimony submitted by the opponents during the Zoning Commission meeting was emotional but not convincing; and the proponents submitted facts to negate each of those arguments. She then questioned why someone would purchase a residence two blocks from the University and then complain about parking and pedestrians; and she feels the major issue is that part of the University is expanding into their neighborhood. Ms. Robbin Wilson, President of Delta Gamma, 621 West Cleveland Street, noted there are five fraternities and sororities located within a two-block radius from the subject property; and others are located just on the other side of that line. She noted that the proposed move would put Delta Gamma in the center of the existing fraternities and sororities. Mr. Dean Wright, Past President of Quad E, which houses older students, indicated that their facility shares a common wall with Quad F, which currently houses the Delta Gamma. He noted that Quad E houses students ranging in age from 22 to 62 who want quiet; and Delta Gamma has not created any disturbances in the four years he has resided there. He stated that in testimony submitted before the Zoning Commission, a resident on South Sixth Avenue complained of noise problems from the Quads; however, the building in which they are housed borders South Seventh A venue. He noted there have been loud parties in the Quads which do border South Sixth Avenue which have disturbed them as well. Mr. Wright noted that their Quads have eight I off-street parking stalls; and Delta Gamma has an average of two vehicles in those spaces. Dean Wright then stated that his discussions with Glenn Lewis, Director of On-Campus Living, have indicated that after the Quads have been renovated, all Greek organizations will be given a specified amount of time in which to move. He stated at that time, Delta Gamma wi II have no alternative but to relocate. Mr. Dave Burgess, 1310 South Sixth Avenue, stated he has resided at that address since 1968. He noted that as Past Commander of the Knights Templar Eye Foundation, he has had an 02-03-86 54 opportunity to work with the Delta Gammas on their Annual Anchor Splash Swim Meet over the past eight years. Mr. Burgess noted that this sorority provides a controlled living situation, which he feels is better than an uncontrolled living situation. He then cited various residences close to his residence which are currently being rented to anywhere from four to seven persons. He noted most of those houses do not have any off-street parking provided; therefore, all of the vehicles are parked on the street. Mr. Burgess then noted he feels this is a legitimate request, which meets all of the requirements and indicated support for the proposal. I B rea k - 9: 1 0 to 9: 20 p. m . Mayor Mathre declared a break from 9:10 p.m. to 9:20 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Continued public hearinq (continued) - Conditional Use Permit - Delta Gamma Sorority, Quad F _ allow a women's sorority on Lots 7,8,9 and 10, Jollife Rearrangement of BlOCK 15, Capitol Hill Addition (405 East Cleveland Street1 Mr. Bob Planalp, Attorney representing the neighborhood, noted that testimony submitted indicates that 991 students live in a four-block radius and questioned the physical possibility of that statement. Mr. Planalp then noted that the House Corporation Board of Directors is com- prised of some very fine members; but they do not reside in the home, nor is it moving next to thei r homes. He noted the sorority has nine members residing at the current address; and the proposal is to increase that number by seven. Mr. Planalp then reviewed the six criteria set forth in Section 18.52.010(B) of the Bozeman Municipal Code. He stated he does not believe that the application meets the second criteria, which stipulates that lithe proposed use will not, particularly because of conditions imposed, be detrimental to the public health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. II He further noted that the Commission must make that determination, not the Planning Staff. The neighbor- hood's attorney then noted that Section 18.52.010(A) provides discretion to the Commission in I approving a conditional use "... which may be appropriate in the district under certain safe- guards or conditions. II Bob Planalp then cited Section 76-2-301, M. C.A., which authorizes municipal zoning, and Section 76-2-304, M.C.A., which stipulates the purposes of zoning. He noted that municipal zoning is provided for to promote the health, safety, morals and general welfare of the commu- nity; and zoning regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses. Mr. Planalp then stated that a situation must be unique for approval of a variance. He further noted that the possibility of any sorority or fraternity utilizing the subject site must be considered, not just the applicant, since once this application is approved, any sorority or fraternity meeting the conditions may utilize the site. Mr. Planalp also noted that variances are to be granted sparingly. Bob Planalp then noted the applicant sorority currently has only a few members but wishes to expand. He noted that the subject site may house only up to sixteen persons; but it will also be the center of sorority activities, with many additional people coming for those activities. He further noted that the applicants have indicated they own property on Greek Way and would possibly be interested in building there, maybe in about ten years. He noted the Zoning Com- mission had questioned the possibility of constructing a sorority on that site rather than purchasing the subject property; and they were told there is a problem with constructing a sorority there because of the current zoning. Mr. Planalp then noted that, although the Conditional Use Permit application meets the parking requirements, the applicant has been before I the Board of Adjustment requesting a variance to the parking requirements, and now has appealed that denial to the District Court. He indicated support for changing the zoning on Greek Way to allow construction of a sorority house rather than approval of this Conditional Use Permit. Mr. Planalp then asked how many of those present in favor of the application live in the subject block or immediately surrounding blocks; and no one responded. He then noted that approval of the subject application will affect the sorority girls for a few years; but it will affect the homeowners in the area for many years. 02-03-86 55 Mr. Planalp then noted that the Planning Staff report indicates that this application meets all six of the criteria; but that is only an opinion. He further noted that the Zoning Commission recommended denial, setting forth several reasons for that recommendation. He also noted that the Board of Adjustment denied the variance request for the off-street parking. He noted that approval of this application, which will include paved parking for five vehicles, will result in removal of several trees and disruption of a lovely back yard. He further noted that I the contours of the land and the existing retaining wall will create problems for draining the paved area back onto the property, since the natural slope is toward the alley and then the street. Bob Planalp then noted the staff report prepared by the Planning Staff indicates that the subject site cou,ld be developed to the density of a four-plex as a permitted use; but this site will not be developed to that density because of the existing residence. He then reviewed the historical survey information on that house, noting it is described as a two-story, single- family residence which is potentially eligible for the Historic Register. He noted the house has been a single-family residence for the past fifty years; and its historic integrity should be maintained, since it contains unwritten history of Bozeman. Mr. Planalp then noted the applicant would like to lead the Commission to believe the staff report is binding, but it is only advisory and submits only the staff's conclusion. He then submitted to the Commission copies of the memo which Neil Mann, Engineering Officer, had written to the Planning Staff. He noted that Mr. Mann indicates his office does not recommend primary access to a property be provided by an alley. Mr. Planalp noted that the Commission has received copies of several letters of protest on this application. He further indicated that a petition requesting denial and containing 144 signatures was submitted during the Zoning Commission meetings and requested that the petition be submitted to the Commission as part of these proceedings as well. He further requested that the Planning Staff's file on this matter become a part of this record. Ms. Kathy Center stated she and her husband have owned their home for eight years; I and the subject property is about forty feet from their property. She indicated that she feels the sorority's relocation to 405 West Cleveland Street would threaten her family and their life- style. She noted they have recently remodeled their home, which they view as an investment in the neighborhood as well as the house. Ms. Center stated it does not seem fa i r to tu rn people'S lives upside down for a few ladies to have a more prestigious place to live for a few years. Mr. Mike Hall stated his property lies immediately north of the subject property. He noted the proponents have indicated that other fraternities and sororities are located in the immediate neighborhood, but most of them are clustered close together or next to campus housing. He noted that, although many of the residences in the area are listed as multi-family, the majority of them are owner-occupied with one or two students living in basement apartments. Mr. Hall indicated that travel along various portions of South Fourth Avenue can be difficult; and the alley through which the sorority plans to gain access to the back yard can be even more difficult. He noted the alley Is narrow, with garages on both sides and a telephone pole which is located two feet into the alleyway. Mr. Hall then expressed concern about the property values in the area if the requested Conditional Use Permit is approved. He noted that owners of houses adjacent to existing frater- nities and sororities have indicated that the location has caused problems in the sale of their homes. Mr. Hall then encouraged the Commission to vote against this request. Commissioner Martel asked Mr. Hall when he purchased his home; and Mr. Hall indicated last June. I Mr. Brad Stratton indicated his home is located just across South Fourth Avenue from the subject property. He noted that South Fourth is very narrow, presenting slides to indicate how narrow that street and the subject alley are. He stated the street is about 24 feet from the retaining wall to the edge of the paving in that area; and the alley between obstructions measures 11 i feet. He also showed slides of the parking lots and streets around existing sororities and fraternities in the area, noting that all of the slides were taken between 1: 00 p.m. and 3:00 p.m. on Sunday, October 20, 1985. He also read a letter of protest from Ray Atteberry, who had lived near a sorority for several years. 02-03-86 56 Brad Stratton then indicated he understands sorority and fraternity life, noting that the sorority may have strict rules; but they are not able to control the actions of guests and friends who may come onto the property, not necessarily during daylight hours. B rea k - 1 0 : 25 to 1 0 : 35 p. m . Mayor Mathre declared a break from 10:25 p.m. to 10:35 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. I F Mr. Hershel Carpenter, broker/owner of ERA Landmark, indicated he has been involved with real estate for thirteen years. He indicated that In his experience, he feels the value and time on the market are adversely affected by proximity to fraternities and sororities. Mr. Michael Sheldon stated his house is located immediately across West Cleveland Street from the subject site. He indicated that he has contacted the MSU On-Campus Living office; and he was informed that there is no intention to relocate those currently located in the Quads. He noted that he was informed that when the University decides to relocate those entities, it will provide three to four years' notice; therefore, Delta Gamma will have a sufficient amount of time to find another location. He further stated that Mr. Lewis indicated if any fraternity or sorority moves out of the Quads, the University will seek another fraternity or sorority to move in. Mr. Sheldon noted that living in the Quads is not the only option for Delta Gamma; they could construct an elegant, roomy chapter house on the property they own on Greek Way for approximately the same price as they can purchase the subject site. He noted that site would also place them in closer proximity to other sororities and fraternities; and the campus is spreading south and west. Mr. Sheldon then indicated that he feels the five parking spaces required will not be adequate, noting that the Zone Code requires nine off-street parking spaces for a four-plex. I He then noted that the second floor, which is to house the bedrooms, contains 819 square feet; and if fifteen sorority members are residing in the house, that will provide approximately 50 square feet per person in the sleeping area, versus a minimum standard of 80 square feet sleep- ing area per person in the state prison. Mr. P. J. Hill stated he feels relocation of the sorority to the subject site will have significant, adverse effects on him and his family. He noted the sorority has strict rules and intends to minimize adverse impacts on the area; but he is concerned about the 2:00 a.m. guests over which the sorority may have no control. Mr. Hill noted the area around the property at 405 West Cleveland Street is a special neighborhood with special characteristics. Mr. Hill then noted that the requested Conditional Use Permit is not being granted to the Delta Gammas, but to the property at 405 West Cleveland Street. He noted testimony has been submitted that they are very good neighbors, but he asked what will happen in ten years from now. Mr. John G. Parker indicated he has lived at 901 South Third Avenue for 43 years. He stated that he had asked the Delta Gammas last week how they intend to handle the garbage but did not receive an answer, and noted other sororities and fraternities in the area have dumpsters. He then noted this area contains some of the most beautiful yards and homes in the city; and this group proposes to destroy the beautiful back yard at this residence to install a paved parking lot. He further noted that if this house is utilized for a sorority, fire escapes will be hung on the outside of the residence. Mr. Parker then indicated he is not against I fraternities and sororities, but he is concerned about what might happen to the neighborhood. He noted that the petition of opposition submitted represents 77 pieces of property and approxi- mately 200 people. Ms. Eloise Taylor stated that she and her husband did not receive an invitation to attend any type of function at the Delta Gamma house. She also noted that no Delta Gamma member has introduced herself or called or listened to the neighbors' concerns. She further stated that she, along with others who signed the petition opposing the variance, received a letter she considered harrassment from Ms. Liebmann. Ms. Taylor noted that the Delta Gammas 02-03-86 -- ---. ---~~ . -_..,.~_. 57 have referred to several rules addressing quiet hours, prohibition of alcoholic beverages and parking regulations; however, any of those rules could be changed at any time by the sorority and they are not enforceable by the. City . She also stated she does not feel that problems concerning drainage, traffic circulation and impacts on the area have been adequately addressed; and requested that the Commission deny the Conditional Use Permit. Ms. Ginny Stratton stated she knows of 42 children that live within a one and one-half I block radius from the subject property; and she feels the health and safety of those children would be changed by this proposed use. She then noted that she has watched traffic along South Fourth Avenue, which runs along the back of their property, and she has found more pedestrians than cars use the street, and not many of either. She further noted that those rental homes in the area are mainly rented to families with children. Ms. Stratton then noted that the staff report indicates that 73 percent of the houses in the area are single-family residences. Mr. Don Taylor indicated he has lived at his present address for a little more than one year. He stated that prior to that, he lived at 815 South Sixth Avenue, which is across the street from the Quads, for six years. He noted during that time, he encountered excessive noise and traffic as well as litter, which is why he moved to 1002 South Third Avenue. Mr. Taylor stated that he has remodeled his home and expressed concern that the Delta Gammas now want to move close to his home again. Dr. Dean Center noted the residents in the area have spent more than 500 hours in deal- ing with this situation. He noted that children do make mistakes; and if the sorority moves in and the residents park in the back, he is concerned that poor visibility in the alley may result in a costly mistake for one of those chi Idren. Dr. Center then provided a brief recap of the comments which have been submitted above. He then reminded the Commission that the Board of Adjustment denied the requested variance; and the Zoning Commission has recommended denial of this Conditional Use Permit. Mr. James Goetz stated he lived in a fraternity on South Willson Avenue; and is aware of I the disturbances which can be created in group living facilities. He then noted the area is a family neighborhood, which is not a suitable place for a sorority house. He then indicated that if it were a good location, the subject site is not a good facility for the proposed use. Mr. Goetz noted the issue becomes one of general welfare, commonly called local government police power. He then indicated that the local government has the power to grant variances; but they are to be approved sparingly and only in cases of extreme hardship. Mr. Goetz then stated he feels the subject property is an inappropriate place for a group living situation, noting the sorority could construct a facility on the property they currently own on Greek Way. Mr. Goetz then indicated that he obtained a copy of Mr. Schaplow's brief on the appeal of the Board of Adjustment decision, and he feels the arguments set forth are frivolous. Mayor Mathre noted the term "variance" has been mentioned several times and noted this hearing is on a requested Conditional Use Permit rather than a variance. The City Attorney concurred in that statement. Attorney Bob Planalp submitted to the Commission two pictures of the alley entrance taken earlier today, showing the narrowness of the alley and the poor visibility for entering or exiting the alley because of the garages located on either side. Mr. Planalp then stated that the court system has applied the term "variance" to many different concepts in zoning, in- cluding conditional use permits. He indicated the broad terminology of variance includes a release of restrictions from the zoning. Mr. Planalp then noted that the neighborhood has not spoken poorly about the Delta Gammas because that is irrelevant under the criteria to be considered. He further noted that I the individuals or group involved in this request are not the concern, since the Conditional Use Permit applies to the property itself. Ms. Marianne Liebmann stated that the sorority is not interested in purchasing this site and then moving to another location in a few years. She further indicated that she has begun to pursue selling of the lot which they currently own on Greek Way. Ms. Liebmann then indi- cated that garbage will be put into cans in the garage, which the City has approved. She then submitted to the Commission a copy of the letter which she had sent to those who signed the petition of opposition submitted to the Board of Adjustment, noting that she does not feel the letter was one of harrassment. 02-03-86 - - .. __.n.. ~_ ~ 58 Dean Groseth explained the figures which Dean Anderson had submitted earlier In the meeting. He Indicated that he reviewed the all-student list and selected those addresses in a two-block radius from the subject property. He noted that the area under consideration was bordered by West College Street, West Garfield Street, South Grand Avenue and South Sixth Avenue; and that area includes no residence halls. He noted that when he had completed 58 percent of the pages in the list, he had found 575 students living in that area and through computation determined about 991 students in that area. He then estimated that about 153 of I those students live in fraternities or sororities, leaving about 800 students living in residences in the subject area. Dean Groseth then stated he can attest to the quality of the students in Delta Gamma and the quality of their leadership. Mr. Schaplow noted that the opponents have not provided an engineer to refute the comments submitted in Mr. Dean's letter; therefore, it stands uncounteracted as a professional opinion. He then noted that Mr. Planalp had referred to Section 18.52.010(A), which indicates the Commission may approve a conditional use; however, Section 18.52.140 (F) lists that fra- ternities and sororities are a conditional use in the R-3 zone. Mr. Schaplow then noted that the opposition's attorney referred several times to variances and quoted laws supporting that argument; however, this is a conditional use. Mr. Schaplow then noted that the R-3 zone allows multi-fami Iy residences, including four-plexes. He then stated a four-plex is currently located across the alley from the subject parcel. Terry Schaplow noted that Mr. Mann's memo indicates that he would prefer that primary access to the parking area not be provided through an alley, although it is allowed in the Zoning Code. He indicated that at the present time, access to the parking lots for ten of the Greek houses is through an alley. He further noted the memo indicates that the drainage plans appear adequate. Mr. Schaplow then reminded the Commission that the staff report indicates that this request complies with the criteria established and recommends approval. He then noted the appli- cant cannot be required to do more than what is required in the ordinance. Mr. Schaplow then presented a chart on the percentage of cars owned by members of various fraternities and sororities. He noted that 40 percent of the Delta Gammas own vehicles; I and they currently have seven vehicles, including the housemother's. He then reminded the Commission that the testimony about noise, disturbances and garbage submitted by the opponents does not refer to the Delta Gammas but to other sororities and fraternities, most of which are located along South Fifth Avenue. Terry Schaplow then noted that his brief currently in District Court does not apply to this issue but to the denial of the requested variance. He then reminded the Commission that the two actions apply to separate issues. Mr. Schaplow then submitted to the Commission a petition of support contai-ning 342 signa- tures. He also submitted to the Commission a letter from Mr. William Characklis, 516 West Cleveland Street, indicating that he had signed the petition of opposition; but now he does not feel the proposed use would be a safety hazard or detrimental to the area. Mr. Schaplow then encouraged the Commission to consider the entire community when making its decision on this issue, not just the small area close to the subject site. Mr. Bob Planalp stated the area listed by Dean Groseth contains approximately 150 lots; and he does not feel that 800 students can be housed on those lots in addition to the other residents in that area. He then reminded the Commission that sororities and fraternities are conditional uses in the R-3 zone; and if the Commission approves this request, any member of the Greek system can move into this location if the Delta Gammas move out. Bob Planalp then noted that Delta Gamma is currently a small group of ladies; but they wish to expand, which will mean more ladies at this residence during various activities. Assistant Planner Elkins stated the original of the petition of opposition is in the Zoning I . Commission file; and submitted a copy of the petition to the Commission. She then indicated that the memo from Engineering Officer Mann was an internal memo to her; and those memos are not usually submitted to the Commission on a Conditional Use Permit. She further noted that his expressed concern about primary access through an alley is a standard comment which he puts on all similar reports. Mayor Mathre asked if the Commission wished to continue this public hearing. Following a brief discussion, the Commission concurred that the public hearing should be closed this even- ing since any questions they may have can be answered by the staff. 02-03-86 59 Commissioner Jordan asked why the sorority went before the Board of Adjustment prior to submitting its request for the Conditional Use Permit. Ms. Liebmann stated that she asked the Planning Staff whether to apply for the Condi- tional Use Permit or the variance first; and she was told to apply for the variance first so that if it were granted, those conditions could be applied to the Conditional Use Permit. Mayor Mathre closed the public portion of this hearing. A decision will be forthcoming I in one week. Adjournment - 12:25 a.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission I I 02-03-86