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HomeMy WebLinkAbout1983-05-02 u 3 ~j MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA May 2, 1983 ******************* The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, May 2, 1983 at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, City Manager Evans, 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 prayer by Commissioner Mathre. The minutes of the regular meetings of April 18, 1983 and April 25, 1983 were approved as corrected. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Award bids - 2150 feet of five-inch fire hose This was the time and place set for awarding of the bid for the 2150 feet of five-inch fire hose. City Manager Evans stated that a review of the bids indicates that only one bid meets the specifications, which call for a pOlyureathane-lined hose. The remainder of the bids state that the hose is rubber-lined. The City Manager then recommended that the Commission award the bid to O'Donnell Fire Service, Billings, Montana, in the bid amount of $19,961.40. It was moved by Commissioner Weaver. seconded by Commissioner Vant Hull, that the bid be awarded to O'Donnell Fire Service, Billings, Montana, in the bid amount of $19,961.40, it being the only bid that meets the specifications. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull. Commission- I er Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Request - permission to sell flowers on street corners - John Graham, Alpine Gem Floral City Manager Evans presented to the Commission a request submitted by Mr. John Graham, Alpine Gem Floral, for permission to sell fresh cut flowers on various street corners. Those street corners listed in the request are North Seventh Avenue and West Main Street, North Rouse Avenue and East Main Street, South Eleventh Avenue and West Main Street, South Nine- teenth Avenue and West Main Street, and North Seventh Avenue and West Lamme Street, but the appl icant has requested that he not be limited to the intersections listed if they do not prove profitable. The City Manager noted that in the past the Commission has been jealous of any business use of public rights-of-way and concurred in the recommendations of the Assistant City Manager and Director of Finance that the request be denied. ~ Mrs. Wortman, Wortman Floral, noted that less than one year ago, the Commission denied her request to place a flower cart on the sidewalk in front of her store. She noted that Mr. Graham is not a resident of this community and does not propose to open a retail store, but to sell flowers on the sidewalk only. She feels that such a request should be denied. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission deny the request submitted by Mr. John Graham, Alpine Gem Floral, for permission to sell fresh cut flowers on various street corners. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. I Decision - Commission Resolution No. 2441 - policy re SID's City Manager Evans presented Commission Resolution No. 2441, as revised by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2441 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A POLICY WHEREBY A CASH ESCROW ACCOUNT SHALL BE REQUIRED AS A CONDITION OF THE CREATION OF ANY SPECIAL 05-02-83 ~ U36 . IMPROVEMENT DISTRICT ON UNDEVELOPED LAND IN WHICH 40 PERCENT OR MORE OF THE PROPERTY IS HELD IN LIMITED OWNERSHIP. City Manager Evans noted that the City Attorney revised this Resolution, addressing the points made in the testimony received during the publ ic hearing held on Apri I 4, 1983. The City Manager then recommended that the Commission adopt this revised Resolution. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the I Commission adopt Commission Resolution No. 2441, as revised by the City Attorney, requiring a cash escrow account as a condition of the creation of any Special Improvement District on undeveloped land in which 40 percent or more of the property is held in limited ownership. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Request permission to conduct parade - College National Rodeo Finals - Wednesday, June 22, 1983,1:30 p.m. City Manager Evans presented to the Commission a request on behalf of the Gallatin Saddle Club for permission to conduct the College National Rodeo Finals parade on Wednesday, June 22,1983, at 1:30 p.m. City Manager Evans noted that the Saddle Club anticipates that this will be a large and good parade due to the Centennial celebration, and recommended that the Commission approve this request. Commissioner Vant Hull asked if a policy for parade permit fees has been developed. Commissioner Mathre noted that she had previously mentioned the possibility of estab- lishing a parade permit fee schedule. However, she noted that parades have a large popular appeal, and unless they create an extraordinary demand for services, they should be viewed as a public benefit and should not be charged a fee. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commis- sion approve the request submitted by the Gallatin Saddle Club for permission to conduct the I College National Rodeo Finals parade on Wednesday, June 22,1983, beginning at 1:30 p.m. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Request - final preparation of garden plots at Langohr Park, including installation of water line - City Manager Evans presented to the Commission a request submitted by the Recreation Department for the final preparation of the garden plots at Langohr Park, to include the in- stallation of the water line. The City Manager noted that the Commission had given prelim- inary approval for the garden plots at the meeting held on August 9, 1982 and had indicated that a final decision would be made in the Spring, after the community's reception to the garden plot concept was determined. He stated that to date the Recreation Department has rented each of the thirty garden plots for this summer for a fee of $20.00 per plot, and recommended that the Commission authorize and direct the staff to complete the final prepa- ration for the garden plots, including the installation of the water line. City Manager Evans then noted that one of the items listed under the Consent Items is a Budget Amendment to transfer $3,700.00 from the Recreation Administration - Salaries, Wages and Benefits, to var- ious categories under the Park Fund and the Water Enterprise Fund to cover the costs of the water line installation. Commissioner Mathre asked if there is an additional demand for garden plots. I Mr. Mike Aune, Recreation Director, stated that there are two names on a standby list for garden plots. Commissioner Vant Hull asked if there is additional City-owned land that could be utilized for garden plots for low-income people. Mr. Aune stated that the Recreation Board may discuss such items at its meeting on Wednesday evening. 05-02-83 U31 It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize and direct the City staff to proceed with final preparation of the garden plots at Langohr Park, to include the installation of the water line. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson. Commissioner Mathre and Mayor Stiff; those voting No, none. I Request - permission to han banner - corner of Tracy and Main - May 6-12, 1983 - MSU Theatre 0 rts; and request or waiver 0 ee City Manager Evans presented to the Commission a request submitted by the Montana State University Theatre of Arts for permission to hang a banner at the corner of Tracy Avenue and Main Street for the period of May 6 to May 12, 1983, and that the banner fee and deposit be waived. The City Manager recommended that the Commission approve the request for permission to hang the banner, but deny the request for a waiver of the banner fee and deposit. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request submitted by the Montana State University Theatre of Arts for permission to hang a banner across Main Street at the corner of Tracy Avenue during the period of May 6 through May 12, 1983, subject to payment of the $10.00 banner fee and $25.00 deposit at the Building Inspection Division office. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commission- er Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Request - waiver of open container ordinance and use of PA s stem - Greek Week Party ommlttee - May 21, 1983, 5:00 to 9:00 p.m. City Manager Evans presented to the Commission a request for waiver of the open con- tainer ordinance and use of a public address system on May 21, 1983, from 5: 00 to 9: 00 p. m. , I as submitted by the Greek Week Party Committee. The City Manager noted that this activity has been conducted outside city limits in the past. However, the Greek Week Party Committee feels that this has encouraged people to drive under the influence of alcohol. They feel that if the party can be held on Greek Way, fewer people will be driving, and for much shorter distances. City Manager Evans then noted that Chief of Police Tate has recommended denial of the request due to the potential increased demands on police manpower. The Chief has indi- cated that he would support approval on the condition that the PA system be turned off at 9:00 p.m., and that the situation be monitored. If any problems arise from this event, it could provide the basis for denial of such requests in the future. Commissioner Anderson noted that the Greek fraternities and sororities have suffered from bad publicity and images in the recent past and wish to improve that image. She feels that they will try to make this a successful event with a minimum of problems. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the the Commission approve the request submitted by the Greek Week Party Committee for a waiver of the open container system and use of a PA system on Greek Way on May 21, 1983 between the hou rs of 5: 00 p. m. and 9: 00 p. m. with the conditions that (1) the PA system be kept at a non-disruptive level and be turned off at 9:00 p.m. and (2) complaints resulting from this event will be considered in the granting or denying of future request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. I Discussion - protest on license fee for theatres, submitted by David Penwell, Attorney for Theatre Operators, Incorporated (TOI) City Manager Evans presented to the Commission a letter, submitted by Mr. J. David Penwell, attorney for Theatre Operators, I nc., protesting the I icense fee for theatres. Mr. Penwell stated that he would not repeat the comments submitted in this letter to the Commission dated Apri I 12, 1983. He noted that license fees are not a revenue-raising device, but to pay for services rendered by the City. He feels that the 600 percent increase under the new Business License Ordinance is too large. Mr. Penwell stated that he is not asking the 05-02-83 U38 Commission to revise the Business License Ordinance, but to interpret the section concerning theatres to apply the license fee to each structure, regardless of the number of screens, rather than applying the license fee to each screen located within each building. Mr. Tim Warner, Vice President and General Manager for Theatre Operators, I ncorpo- rated, stated that he agrees that the I icense fee should be increased, but he feels that the 600 percent is excessive. Mr. Warner then asked if any other business has received such a large I license fee increase. City Manager Evans stated that the new Business License Ordinance was based on a 600-percent across-the-board increase over the old license fees. He noted that the old fees were established in 1933, and the cost of living has increased by 650 percent in the past fifty years. Mr. Warner stated that TOI has paid taxes on the property for several years, and those taxes have increased over the years. Commissioner Vant Hull noted that the majority of property taxes goes to the school district, with the County getting a substantial portion and the City receiving a small portion of the taxes. Assistant City Manager Barrick stated the the wording in the Business License Ordinance states "... per theatre, whether attached or not." Commissioner Weaver noted that the Commission must interpret whether a theatre is a building or a screen. He stated that the question to be considered is whether a building with three screens requires more City services than a building with one screen. He further stated that he supports the seemingly large increase in the business license fees because of the fact that the old fees have been in effect for fifty years. Mr. Warner stated that the Ellen Theatre has a larger seating capacity than the Campus Square, which contains three separate screens. He further noted that the Ellen Theatre is a unique structure; but the new structures, like the Cinemas and the Campus Square, are standard structures. He also noted that the first multi-screen theatre was opened in 1 962. Mr. Warner I then stated that he would be willing to pay the $150.00 fee on a per business location basis rather than on a per screen basis. Mayor Stiff asked if that would include five locations. Mr. Warner stated that it would. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission interpret the Business License Ordinance to apply the $150.00 business license fee to each theatre structure rather than to each screen located within a structure. The motion carried with the following Aye and No vote: those voting Aye being Commissioner Weaver, Com- missioner Vant Hull, and Commissioner Anderson; those voting No being Commissioner Mathre and Mayor Stiff. Acknowledqe receipt of petition for creation of SI D's for water, sewer, storm sewer and pavinq in Phase I, T ewage Subdivision - Gene Cook City Manager Evans presented to the Commission a petition submitted by Gene Cook for the creation of Special Improvement Districts for water, sewer, storm sewer and paving in Phase I of the Tewage Subdivision. City Manager Evans recommended that the Commission acknowledge receipt of this petition and refer it to staff for a review and a recommendation. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson. that the Commission acknowledge receipt of the petition submitted by Gene Cook for the creation of Special Improvement Districts for water, sewer, storm sewer and paving in Phase I of the Tewage Subdivision and that it be referred to staff for review and a recommendation. The motion I carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Review of Cash-in-Lieu Fee for Parking Stalls City Manager Evans presented to the Commission a copy of Commission Resolution No. 2061. adopted on May 2, 1979, requiring annual review of the cash-in-Iieu fee for parking 05-02-83 038 requirements on May 1 of each year. The City Manager recommended that the Commission refer this matter to the Parking Commission for review and a recommendation to be submitted to the Commission. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission refer the review of the cash-in-lieu fee for parking requirements to the Parking Commission, for a recommendation to be submitted back to the Commission. The motion carried I by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Discussion - Development of Parks and Playgrounds Master Plan by the City-County Planning Staff - City Manager Evans presented to the Commission a request for development of a Parks and Playgrounds Master Plan by the City-County Planning Staff. Commissioner Mathre stated that she feels that a Parks and Playgrounds Master Plan would be helpful. She noted that since the City-County Planning Staff has written the proposed Master Plan, they should also be involved in writing of the Parks and Playgrounds Master Plan. She also noted that the Recreation Board and Recreation Director would also be involved in such a project. The Commissioner stated that Planning Director John Moss must determine whether sufficient staff time is available to complete this task. Planning Director John Moss stated that the Planning Staff could work with the Recrea- tion Board and the Recreation Director on development of a Parks and Playgrounds Master Plan. He stated that the Planning Staff will have approximately two-thirds of one man's time to work on other than essential programs for the coming fiscal year. He noted that this item has not been included in the suggestions for the work program for the upcoming year, but it could be added. The Planning Director noted that development of the Parks and Playgrounds Master Plan will require additional manpower and a variety of talents, which could be obtained through I the Recreation Department or Montana State University. Planning Director Moss stated that he has not had sufficient time to review the proposal in depth, but he estimates that development of the proposed Parks and Playgrounds Master Plan would cost approximately $16,000.00. Commissioner Anderson suggested the possibility of using University classes to help develop ideas for the Parks and Playgrounds Master Plan. She noted that this could give stu- dents an opportunity to utilize the information they have learned and could save money on the development of the Plan. Recreation Director Mike Aune stated that the Recreation Board will be meeting on Wednesday evening and will be discussing some of the questions being raised. He noted that he has gathered information since 1973 on various plans, which might give a base for starting a new Parks and Playgrounds Master Plan. City Manager Evans noted that the proposed Parks and Playgrounds Master Plan is a long-range plan. He stated that the process should be approached from a planning process and outline of concepts. The City Manager further noted that this type of item would fit into the proposed Capital Improvement Program. Mayor Stiff asked if it would be possible to use available resources rather than commit $16,000.00 for this project. He suggested the possibility of developing a skeleton at this point rather than the fully detailed report. City Manager Evans suggested that this item be listed in the possible work programs for the Planning Staff and prioritized with the other items that have been listed. Commissioner Anderson and Commissioner Vant Hull will submit a report to the Commission I on the Recreation Board's suggestions on the development of a Parks and Playgrounds Master Plan. B rea k - 5: 05 to 5: 1 0 p. m . Mayor Stiff declared a five-minute break at 5:05 p.m. to reconvene at 5:10 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. 05-02-83 U4U . Staff report - marketability of bonds for SID Nos. 615 and 632 City Manager Evans stated that Director of Finance Swan has checked with a number of possible bond buyers and has not received a firm affirmative or negative answer. The City Manager noted that the request for the sale of bonds for SI D No. 615 contains ten signatures; and SID No. 632 does not have a large bond issue. City Manager Evans then recommended that the Commission authorize and direct the City Staff to proceed with the necessary steps I for sale of bonds for SID Nos. 615 and 632, and requested by the property owners. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission authorize and direct the City Staff to proceed with the necessary steps for the sale of bonds for SID No. 615, sanitary sewer trunk line in Burrup Annexation, and SI D No. 632, sanitary sewer trunk line in Shawnee Industrial Park. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. Discussion - Bozeman Centennial Catalog Commissioner Mathre stated that she had requested that this item be placed on the agenda. She noted that at the National League of Cities Congress of Cities, some of the cities indicated that they had composed a "wish book" with various City wants and needs to which citizens could donate. She suggested that, since this is the Centennial year, various civic groups and citizens might be interested in donating to the City if they knew what items were wanted or needed and the cost of those items. Commissioner Mathre then suggested that the staff be requested to submit ideas to be included in the catalog. The Commission could then edit the proposals and prepare the catalog for distribution. The Centennial Committee will review this proposal prior to proceeding with the devel- opment of a catalog. Discussion - composition of Zoning Commission I City Attorney Crumbaker-Smith stated that the Municipal Code requires that a member of the City-County Planning Board and a member of the Board of Adjustment serve on the Zoning Commission. She noted that either the ordinance can be changed, or the City should comply with that ordinance. She stated that the State Statute does not conflict with the City ordi- nance. Commissioner Anderson suggested that the Zoning Commission and City-County Planning Board be combined, rather than having two separate bodies. She feels that this would be a more efficient method of handling zoning and planning matters. City Attorney Crumbaker-Smith noted that the State Statute authorizes the formation of one body to handle zoning and planning matters. Commissioner Mathre stated that the Zoning Commission suggestions indicate preference for appointment of a rural member of the City-County Planning Board to replace Mr. Ron Newville, who has submitted his resignation. Commissioner Weaver suggested that the Chairman of the City-County Planning Board be requested to submit the names of those individuals serving on the Planning Board who would be willing to serve on the Zoning Commission as well. Discussion of FYI items for agenda Commissioner Anderson suggested that the listed FY I items be split into major areas for discussion, such as water, parks, sidewalks, etc. I Commissioner Vant Hull stated that she has received a memo from City Engineer Van1t Hul concerning a water conservation program. She also noted that a report on the status of water rights would be helpful. Mayor Stiff requested that updates be received from the Community Development Block Grant Committee and the Low Income Housing Committee. Commissioner Vant Hull once again noted that goals and evaluation of Commission employ- ees should be discussed. 05-02-83 U41 Mayor Stiff requested that the Clerk of the Commission list those items discussed under this item in the past few weeks for possible scheduling at next week's meeting. Consent Items City Manager I hton 00 k fo r - from EPA - - transferrin $19,962.00 Report - 1983 Report - Claims It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the I 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 follow- ing Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. Recess - 5:50 p.m. Mayor Stiff declared a recess at 5:50 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Stiff reconvened the Commission meeting at 7: 00 p. m. for the purpose of conduct- ing the scheduled public hearings. Public hearing - review of the number of electronic poker machines, as established in Ordinance No. 1 1 17 This was the time and place set for the public hearing on the review of the number of electronic poker machines as established in Ordinance No. 1117. Mayor Stiff opened the public hearing. Mr. John Stocksdale, D and R Vending, stated that he has not requested that many bar owners attend the meeting due to the number of public hearings being held. He further noted that the Commission has reviewed basically the information that will be presented at the public I hearing held last year, when the Commission adopted an ordinance limiting the number of gambling devices to four per establishment, with a limit of one electronic poker machine per establish- ment. Mr. Stocksdale noted that poker machines have been operated for approximately two and one-half years with a minimum of problems. Mr. Stocksdale noted that the bar owners are to be commended for their cooperation and policing of the machines located in their establishments. He feels that the bar owners deserve the opportunity to have two machines in their establishments if they so desire. Mr. Stocksdale also presented to the Commission an information sheet indicat- ing the locations of the machines, number of police calls related to the gambling devices and . 05-02-83 U42 total City revenues from those establishments. He noted that no police calls were directly related to gambling in these establishments during the past two and one-half years. Commissioner Weaver asked Mr. Stocksdale if he feels that the addition of one more electronic poker machine will change the character or number of demands placed on City ser- vices. Mr. Stocksdale stated that he feels there will be no change. He stated that during the I past several months, many of the bars in the County have had more than one machine, and they have had no problems. He further noted that not all bars want two electronic poker machines, but he feels the option should be there for those that do want two machines. Commissioner Vant Hull noted that she would like to know the number of police calls to the establishments listed. She indicated that it is difficult to limit the cause of a police call to one element. Mr. Stocksdale indicated that the log of pol ice calls is public information. He further noted that D and R Vending is concerned only about the police calls directly attributed to the electronic gambling machines. He noted that if the company feels that a bar is creating a large number of violations, it monitors the establishment carefully. Commissioner Weaver asked Mr. Stocksdale if he is advocating that the limit on the number of gambling devices remain the same, but that the mixture of machines and tables be changed. Mr. Stocksdale stated yes. Mr. Dave Jarrett, owner of the Zoo Bar, 15 Tai Lane, stated that his clientele do not have the money to sit down at a poker table and play "hard poker ," but do enjoy playing the electronic poker machines. He also noted that not many women play table poker, but they do enjoy playing the machines. Mr. Jarrett stated that he is not certain that he would install another machine immediately if the limit is changed, but he would like to have the option. Mr. Jarrett further stated that he would not support expansion of gambling devices beyond four per establishment. He indicated that his establishment has placed calls to the Police Division, but they have been for disturbances outside the building. Mr. Jarrett stated that the electronic I poker machine has created no problem, but people wait to play the machine when someone else is using it. Mr. David Beck, owner of the Livery Stable Restaurant and Lounge in the Main Mall, stated support for increasing the limit to two machines per establishment. He noted that no one individual loses more than $20.00 to $30.00 at anyone time; and some individuals have won about that same amount. Mr. Beck noted that the machines are set to payout 78 percent to 82 percent of the time. He stated that the electronic poker machine is profitable in an es- tablishment and helps to pay the costs of operation. Mr. Beck stated that he mayor may not want to add another machine, but each additional machine will increase the City's revenues by $500.00. Mr. Beck also stated that he has not called the Police Division for any type of problem. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Continued pUblic hearing - Zone Code Amendment - to allow mobile homes in Residential Zoning Districts as a Conditional Use This was the time and place set for the continued public hearing on the Zone Code Amendment to allow mobile homes as a Permitted Use or as a Conditional Use in Residential Zoning Districts. The proposed Zone Code Amendment would allow mobile homes to be located in the AS, Agricultural Suburban; R-S, Residential-Suburban Country Estates; R-2-A, Residen- tial - Single-Family Medium Density; and R-3, Residential - Medium Density Zoning Districts, and would be required to meet certain specific criteria. I City Manager Evans noted that this public hearing was originally opened by the Commis- sion on February 7, 1983; continued to April 4, 1983 due to the fact that the Zoning Commis- sion had requested additional information prior to submitting a recommendation; and then continued to this date so that the Planning Staff could prepare criteria for the location of mobile homes in the four above-listed Zoning Districts. Mayor Stiff opened the continued public hearing. OS-02~83 u43 Assistant Planner Mike Money presented the staff report. He stated that at its April meeting, the Zoning Commission reviewed the proposed criteria that the Planning Staff had developed. He stated that the criteria had been reviewed and revised after the Zoning Commission meeting in February. He noted that protective covenants on a parcel of property would over-ride the zoning requirements. The Assistant Planner then stated that the Zoning Commission discussed whether or not the proposed criteria would be discriminatory. The I Zoning Commission recommended denial of the proposed Zone Code Amendment due to the possible prejudice toward mobile homes, with the suggestion that the Planning Staff further review the matter and submit another proposed Zone Code Amendment. The Zoning Commission further recommended that if the City Commission does approve the Zone Code Amendment, the City Attorney should be first directed to review the criteria for possible discrimination. Commissioner Mathre noted that one of the reasons for denial submitted by the Zoning Commission is that there is no demonstrated need for the Zone Code Amendment because suffi- cient lots are avai lable for mobi Ie homes. Commissioner Vant Hull asked if there is a need for places to locate mobile homes. Assistant Planner Mike Money stated that there are currently two areas zoned for mobile homes. Those areas have not been developed, and City services are not currently available to either site. The Assistant Planner further noted that the existing mobile home courts in the city and within the jurisdictional area outside the city are non-conforming uses because they are not located in mobile home districts, and therefore cannot be expanded. Mr. Steve Kurk, Kountz Trailer Court No. 58, stated support of the proposed Zone Code Amendment because there is a need for mobile home parks. He noted that lot rent in Kountz Trailer Court is now $110.00 and will be $130.00 in the near future. Mr. Kurk also stated that low-income people cannot afford to purchase a mobile home and then pay such high lot rent. Mr. Kurk also noted that the proposal would allow a mobile home as a conditional use in the AS zone, which would allow him to be on his uncle's ranch to ,help. I Mr. Ed Sheehy, Jr., Attorney from Helena for the Montana Housing Manufacturers' Associa- tion, stated that he had been involved in the litigation concerning mobile homes in Butte-Silver Bow County. Mr. Sheehy requested that the Commission reject the Zoning Commission's recommenda- tion and adopt the proposed Zone Code Amendment. Mr. Sheehy then reviewed the circumstances in Butte surrounding the Court decision. He noted that after consolidation of the City and County governments, the local government allocated 15 percent of the zoned area for mobile home use. This action did not provide for the required fair share of housing for low- and moderate-income people. Mr. Sheehy then stated that unti I 1976, the mobile homes were constructed to the standards prevailing in the state in which they were built. In 1976, a uniform set of stan- dards was adopted by the Housing and Urban Development office. Those standards are comparable to the Uniform Building Code, which is used for construction of conventional homes. He noted that the proposed Zone Code Amendment would not allow mobile homes in all residential zones, but would allow them in certain zones, thus allowing mobile homes to be allowed in zoning districts other than the R-MH zone. Mr. Sheehy further cautioned the Commission that it must consider the health, safety and welfare of people when making a decision on adoption or denial of the proposed Zone Code Amendment. Mayor Stiff noted that the price of lots in certain areas of the city would preclude the placement of a mobi Ie home in the area. Mr. Sheehy noted that the cost of a lot definitely enters into the location of a mobile home. He further indicated that if one were to purchase a lot in an R-1 type zone, the cost I of the mobile home to place on that lot would be equivalent to the cost of a conventional home in that area. Mayor Stiff noted that mobile homes carry a stigma of eroding the property values in the immediate area. Mr. Sheehy indicated that consideration of property values should not enter into the decision-making process. The basis for the decision must be the health, safety and welfare of the citizens of the community. 05-02-83 u4~, Mr. Clair Daines, 104 Heritage Drive, noted that the City Commission should be an advocate of housing. He noted that mobile homes are part of housing development and should be addressed in that manner. Mr. Daines noted that one of the current problems is building affordable hous- ing. This leads to creativity in design and construction to provide as Iowa cost as possible. Mr. Daines also stated that energy codes will be enforced beginning in 1985 or 1986. One of the most serious questions concerning those codes is the fact that mobile homes are to be I excluded from those requirements, so they may become the only affordable housing. Mr. Daines supported adoption of the proposed Zone Code Amendments, but noted that the Commission should be prepared for public controversy after the adoption of the Amendment. Mr. Don Cape, owner of Ponderosa Homes and former manager of Covered Wagon Mobile Home Park, noted that he is also a former contractor. Mr. Cape noted that there is a short- age of mobile home spaces in the Bozeman area. He stated that very few of the mobile homes which he sells are located in Bozeman, due to the lack of spaces and the high cost of those that are available. Mr. Cape stated agreement with Mr. Daines that the rules for construction of a conventional home and for a mobile home are somewhat different in some areas, but they are also comparable in many ways. Mr. Cape noted that there was neighborhood opposition when Covered Wagon Mobile Home Park was initially developed because the value of the houses in the area would be decreased. He further noted that the value of the homes in that area have definitely increased, rather than decreased. Mr. Tom Claveau, salesman for Gallatin Homes, stated that they manufacture 400 to 800 homes per year. Very few of those homes are located in Bozeman because of the lack of space. Mr. Claveau noted that site-built homes might not meet all of the ten conditions set forth in the proposed Zone Code Amendment. However, the manufactured home industry has accepted all of these conditions as fair. No one was present to speak in opposition to the adoption of the Zone Code Amendment. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Break - 8:00 to 8:05 p.m. I Mayor Stiff declared a five-minute break at 8:00 p.m. to reconvene at 8:05 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public hearing - Conditional Use Permit - Heritage Christian School - allow expansion of existing school on part of Lot 2, Block 7, Babcock and Davis Addition (425 North Ida Avenue) This was the time and place set for the public hearing on the application for a Condi- tional Use Permit submitted by the Heritage Christian School to allow expansion of the existing school on part of Lot 2, Block 7 of the Babcock and Davis Addition, more commonly located at 425 North Ida Avenue. Mayor Stiff opened the public hearing. Assistant Planner Mike Money presented the staff report. He stated that the Planning Staff and Zoning Commission recommend approval of the Conditional Use Permit, subject to eleven conditions. The School has questioned the need for paving the parking lot. Mr. Money stated that the one neighbor has indicated concern about the proposed expansion. Mr. Dan Johnson, Belgrade, member of the School Board for Heritage Christian School, indicated that the school could install shrubs and bushes rather than trees that might inhibit the view for area residences. Mr. Johnson stated that the school is unable to enroll any more students because it has reached its current capacity. Several parents have indicated an interest in sending their children to this school; and the requested expansion would allow for an enlarged enrollment. Mr. Johnson stated that the school will pave the parking lot if it is a condition of I the Conditional Use Permit. No one was present to speak in opposition to the granting of the Conditional Use Per- mit. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. 05-02-83 U4S . in the SE!, heel Road, This was the time and place set for the public hearing on the request for a Zone Map Change submitted by Clair Daines to change the current RS-l zoning to R-1 for that tract of land located in the SE! of Section 24, Township 2 South, Range 5 East. This site contains I approximately 32 acres and is located between South Third Avenue and Wagon Wheel Road, across South Third Avenue from Figgins Addition. Mayor Stiff opened the public hearing. The Mayor noted that two weeks ago, the Commission heard ~estimony on a proposed Zone Map Change from RS-1 to R-2 on this same parcel of land, submitted by the same individual. The Mayor requested that testimony be brief and concise, and that redundancy be avoided. The following individuals spoke concerning the proposed Zone Map Change: I n support of the proposed Zone Map Change: Clair Daines, 104 Heritage Drive Joel Shouse, 35 East Mendenhall Street In opposition to the proposed Zone Map Change: Ron Miller, 3305 Sundance Drive Tim Warner, 3400 Wagon Wheel Road Ron Reid, 3310 Wagon Wheel Road Roger Flair, 19 Trails End Court Rolf Groseth, 3002 Secor Avenue Mike Miles, 822 South Willson Avenue John Thompson, 1213 South Fifth Avenue Oral B~hunin, 3302 Sundance Drive Paul Aicher, 2907 Langohr Avenue Glen Gregory, 3023 Erwin Avenue Mary Ann Brown, 3016 Secor Avenue I Allan Taylor, 13 Trai Is End Court Joy Nash, 3100 Wagon Wheel Road Joy Schendel, 3018 Secor Avenue David Young, 3416 Wagon Wheel Road Ann Sutton, 3318 Sundance Drive Myron Sutton, 3318 Sundance Drive Allen Anderson, 3302 Wagon Wheel Road This set of minutes presents only the highlights of the testimony. Also, much of the testimony received during this public hearing was repetition of the testimony received during the public hearing on the applicant's request for rezoning from RS-1 to R-2 on this parcel of , land, which was conducted on Apri I 18, 1983. The tapes of this meeting are the official record. Mr. Steve Lere, Assistant Planner, presented the staff report. He noted that the staff had originally reviewed this parcel of land for a requested rezoning from RS-1 to R-2. The public hearings have been conducted on that request; and the decision has been delayed until after consideration of the request for annexation. Mr. Lere stated that the requested rezoning would allow up to 110 units on this parcel through a Planned Unit Development or 97 units through straight R-1 zoning. The Assistant Planner then reviewed the planning staff report, noting that the current RS-1 zoning is not in compliance with the Master Plan, which indicates low- density residential development, and that the character of the area has changed since the RS-1 zoning was established. He further noted that the demand for R-1 lots currently exceeds the supply of available R-1 lots within the city. Mr. Lere noted that the major problems along South Third Avenue, which would provide access to this site, are created by the mixture of I vehicles, pedestrians/joggers and bicyclists along a narrow street with no shoulders. Mr. Lere stated that the developer has attempted to address the potential water problems through a possible transfer of a portion of Mr. Carter Williams' water rights from a portion of the remainder of the tract to the subject parcel. The Assistant Planner stated that at the Zoning Commission meeting, a petition stating opposition to the requested Zone Map Change and containing 146 signatures was submitted. Assistant Planner Lere then stated that the Zoning Commission has recommended approval of the Zone Map Change from RS-1 to R-1. 05-02-83 U46 Mayor Stiff noted that it appears that one of the biggest concerns of the people living in the area is that the proposed Zone Map Change is for thirty-two acres of a ninety-acre parcel of land. Also, the area residents are concerned about the impact of people entering and exit- ing from the proposed development. Commissioner Weaver noted that the Commission must consider the impact on City ser- vices if the Zone Map Change is approved. Also. he noted that the potential impact on tax I base should be considered in the decision-making process. Planning Director John Moss stated that if this parcel is developed through a Planned Unit Development process, the streets would be private and would be privately maintained. Also, all recreation and pedestrian facilities would be provided through the PUD process, at the expense of the developer. Commissioner Weaver then asked if it would be possible to approve the requested Zone Map Change with the condition that the proposed Planned Unit Development be developed on that parcel. Planning Director Moss stated that when the Commission makes a decision on a zoning matter I the land owner is allowed to develop anything permissible in that zoning district. He noted that the applicant may change his plans or may sell the property, rather than develop it. Commissioner Weaver asked about the approval of the Zone Map Change, subject to annexa- tion. Planning Director John Moss indicated that annexation of the parcel could be a condition for the approval of the requested Zone Map Change. Mr. Clair Daines, 104 Heritage Drive I stated that there is a demand for R-1 zoned lots within the city. He further noted that his presentation for this Zone Map Change is the same as was his presentation for his application for rezoning from RS-1 to R-2, presented to the Commission two weeks ago. Mr. Daines noted that the requested rezoning is for thirty-two acres only, not the entire ninety-acre parcel. He further noted that concern has been expressed I about the possible use of this land after the rezoning. He stated that all subdivision plats must be approved by the Commission prior to any construction. Mr. Daines stated that if the Zone Map Change is approved, he wi II submit substantially the plan which has been presented to the Commission at these two publ ic hearings for the subdivision process. Mr. Daines further noted that Montana State University causes the major need for housing in Bozeman; and the proposed location is close to the University campus. Mr. Daines indicated that the largest percentage of the individuals signing the petition stating objection to the Zone Map Change live outside the City limits. Mr. Joel Shouse, Planning Consultant, 35 East Mendenhall Street, noted that he had pre- sented to the Commission a booklet of excerpts from the Master Plan and Transportation Study at the last public hearing. Mr. Shouse noted that the proposed Master Plan addresses hap- hazard growth around the city. He also noted that the Transportation Study projects that South Third Avenue will be able to handle the projected vehicular use in the year 2000. However, it does address the pedestrian and bicycle travel along that street as a problem area. Mr. Shouse also noted that the major protest on the requested rezoning has been pre- sented by those living along the south end of Wagon Wheel Road. The majority of the traffic from the subject area will exit on the north end of Wagon Wheel Road, as shown on the site map, and will proceed north along South Third Avenue. Commissioner Weaver asked what the impact would be if access were provided to South Third Avenue, as well as to Wagon Wheel Road. Mr. Shouse stated that the Planning Staff has recommended that no access be provided I to South Third Avenue close to the 90-degree curve. Mr. Shouse then stated that Mr. Daines and Mr. Will iams have indicated that they will support any SI D's that would improve the area. He also stated that Mr. Williams has indicated that he will transfer a portion of his water rights to the City, which may affect the amount of water that the City has avai lable. Commissioner Weaver noted that if the requested Zone Map Change is denied, houses will be built in an area outside the City limits. Traffic will sti II impact the roads into the 05-02-83 U47 City, with the possibility that those roads along the south side of the city being impacted rather heavi Iy . This would cnuse a negative impact on the streets due to growth, with no additional revenue being created for the City. Commissioner Vant Hull asked Mr ,..Shouse if he feels that the requested R-2 or the requested R-1 zoning would be better. Mr. Shouse stated that he does not see much difference in the two zoning districts. He I noted that both R-1 and R-2 zones are located adjacent to the subject site, and either zone would fit the proposed Master Plan. B rea k - 9: 05 to 9: 1 0 p. m . Mayor Stiff declared a five-minute break at 9:05 p.m. to reconvene at 9:10 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Mr. Ron Miller, 3305 Sundance Drive, stated opposition to the requested rezoning and the requested annexation. He stated that if the subject site is not rezoned from RS-1, the City will not be able to expand in this particular area, but will be able to expand in other areas. Mr. Miller noted that Mr. Williams has indicated that he would like to develop the subject site in RS-1 tracts, but the City will not allow that type of development. Mr. Miller also noted that the proposed development would create a traffic impact on South Third Avenue, which is already a problem area due to the vehicular, pedestrian/jogger and bicyclist mixture. Mr. Mi Iler further stated that the Allison Annexation has been annexed to the City, but develop- ment has been prohibited due to the adverse impact that additional traffic would create on South Third Avenue. He stated that development of the Allison Annexation and Graf's Fourth Subdivision would provide many building sites and homes. Mr. Miller also noted that the City I has adequate water to supply the current needs, but not adequate water to support an increased demand upon the supply. Mr. Tim Warner, 3400 Wagon Wheel Road, noted that the All ison Annexation and Graf's Fourth Subdivision contain 250 acres. A petition for annexation of the subject 32 acres has been submitted; with the possibility of another petition being submitted to annex the entire 90-acre parcel. Mr. Warner stated that if the 90 acres were annexed, the City would then contain 340 acres of undeveloped land in a small area on the south side of the City. He noted that development of these parcels would create a major impact on traffic. Mr. Warner stated that if the area is annexed, the streets would need to be improved to city standards. Also, if the development is approved as proposed, the site would be landlocked. Mr. Warner suggest- ed that if the Commission approves the requested Zone Map Change and the annexation, the extension of Erwin Avenue from Figgins Addition, with stop signs at South Third Avenue, through the entire ninety-acre parcel be required. This would provide one north-south access through the entire development and could alleviate some of the traffic on Wagon Wheel Road. Mr. Warner requested that the Commission consider the potential traffic problems that development of the subject site could create. Mr. Warner then presented to the Commission proposed sketches of the traffic flow, utilizing the plan submitted by Mr. Daines and his proposal to extend Erwin Avenue. Mr. Ron Reid, 3310 Wagon Wheel Road, stated that the residents have strong feel ings about their area. They have purchased homes in the area because of the character of the neighborhood and the quality of life. He noted that the existing subdivision is a complete I district, and he would like to see the subject parcel improved as an RS-1 district also. Mr. Reid stated that if it is legal, the City might consider having the developer sign a waiver of responsibility so that the City is not required to supply water to the development. He stated that Allison Annexation and Graf's Fourth Subdivision are not being developed because of problems; and development of this parcel would only compound the problems. Mr. Reid then requested that the Commission deny the requested rezoning and the annexation; but if the Commission approves the rezoning, the suggestion for extension of Erwin Street be considered. 05-02-83 048 Mr. Roger Flair, 19 Trails End Court, stated concern about the impact that the propos- ed Zone Map Change would have on the neighborhood, including the safety of the children in the area. He noted that if the area were zoned R-1, 110 dwellings could be constructed on the site, which would increase the traffic on Wagon Wheel Road by approximately 150 percent. He further stated concern that people living on the subject site would use Wagon Wheel Road rather than South Third Avenue. He noted that a proposal has been made to make a sweeping I curve on South Third Avenue through the subject property rather than the sharp "s" curve. Another proposal has been suggested to place a liT" intersection at the sharp curve on South Third Avenue and Wagon Wheel Road which would cause people to believe that Wagon Wheel Road is an extension of South Third Avenue, rather than a county road. Mr. Flair stated that he is not anti-growth, and noted that growth is desirable and essential when it is well planned. He stated that the present proposal is not well planned and requested denial of the Zone Map Change and subsequent annexation unti I the problems are acknowledged and addressed. Mr. Flair also stated that the plan which Mr. Daines has submitted to the Commission is a site plan, and not a subdivision plat nor a plan for a Planned Unit Development. . Commissioner Weaver noted that if the city limits are extended, the speed limit on South Third Avenue will probably be reduced to 25 miles per hour. He further noted that the sharp turns that now exist help to slow traffic traveling along that roadway. Mr. Rolf Groseth, 3002 Secor Avenue in Figgins Addition, stated concern because of mixture of traffic on South Third Avenue, which is a narrow street. If the proposed rezoning is approved, there will be an increased safety hazard along that street. Mr. Mike Miles, 822 South Willson Avenue and a member of the South Willson Historic District, stated opposition to the Zone Map Change because the proposed development would create an impact on South Willson Avenue, since it is a major north-south arterial. He noted that people living along South Willson Avenue have been concerned about the safety of children and the quality of life in their neighborhood for several years. Mr. Miles also stated he feels that development to the south of the city is getting out of control. I Mr. John Thompson, 1213 South Fifth Avenue, stated that travel on South Third Avenue is dangerous. He further noted that the City does not have sufficient water to support fur- ther development. Mr. Thompson further noted that if the subject area is annexed to the City, the additional tax revenues will not be sufficient to keep up with the increased expenses. Mr. Oral Behunin, 3302 Sundance Drive, stated that the City must deal with the issue of traffic on South Third Avenue, then make a decision on the rezoning and annexation of the subject property. He stated that he is not opposed to expansion, but he wants to see it done in an organized manner. Mr. Paul Aicher, 2907 Langohr Avenue in Figgins Addition, stated that his property is located between South Third Avenue and Langohr Avenue. He noted that approval of the re- zoning request would create additional traffic problems due to the additional vehicles using South Third Avenue. He feels that the transportation problems should be resolved prior to further development. Mr. Glen Gregory, 3023 Erwin Avenue in Figgins Addition, stated that most traffic projections are low because not all factors are considered. He feels that the traffic problems should be considered and corrected prior to additional development along the south side of the City. Mary Ann Brown, 3016 Secor Avenue in Figgins Addition, noted that the Transportation Plan indicates $27 million in street repairs and extensions is needed in Bozeman at the present time. The Planning Staff has indicated that it will probably take thirty to forty years to com- plete all of these projects. Mrs. Brown then read a letter from Ear' Best, County Surveyor, I indicating that the County has no plans for improvement of the County.s portion of South Third Avenue or for conducting a traffic study. She noted that various reports indicate that the City cannot allow growth until the water supply is increased. Mrs. Brown then read letters from four residents in the Figgins Addition who were unable to attend the meeting. However, none of those letters were filed with the Clerk of the (:ommission. Allan Taylor, 13 Trails End Court, requested that the Commission deny the requested Zone Map Change on the following basis: (1) the traffic/pedestrian problems along South 05-02-83 U49 Third; (2) the inadequate water supply, particularly for firefighting in the area; (3) the supply of undeveloped land currently within the city limits; and (4) concern over the proce- dure which the applicant has followed for rezoning and annexation. Mr. Taylor then presented to the Commission two additional signatures on the petition submitted to the Zoning Commission. I B rea k - 10: 40 to 10: 45 p. m. Mayor Stiff declared a five-minute break at 10:40 p.m. to reconvene at 10:45 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Clair Daines - tract of land in outh Third and Wagon Wheel Joy Nash, 3100 Wagon Wheel Road, stated that she has lived in that area since 1973 because of the quality of life in that little community. She feels that expansion should be completed in an orderly manner, and requested denial of the requested rezoning. Joy Schendel, 3018 Secor Avenue in Figgins Addition, stated opposition to the rezoning because of traffic and water problems. She then read letters from two people living in Figgins Addition who were unable to attend the meeting. Those letters were not filed with the Clerk of the Commission, however. David Young, 3416 Wagon Wheel Road, stated that portions of Wagon Wheel Road and South Third Avenue become almost impassable during the winter because of snow and wind in the area of the proposed rezoning. He further noted that traffic is extremely heavy on South Third Avenue on Sundays because there are three churches located within one-quarter mile along South Third Avenue. Ann Sutton, 3318 Sundance Drive, stated that she feels that a city accepts a legal obligation to provide services to any area that it annexes. She feels that the annexation and rezoning should be denied until the proper services can be provided and existing problems have I been solved. Myron Sutton, 3318 Sundance Drive, noted that the proposed Zone Map Change is for thirty-two acres only. However, the testimony received has been on peripheral matters. He suggested that the Commission delay further consideration of annexation or rezoning until the City can guarantee adequate services for the health, safety. welfare and the pursuit of happiness in this or any similar subdivision. Clair Daines stated that he had discussed the process to be followed on the rezoning and annexation with the Planning Staff at the beginning to determine what steps should be followed. He stated at that time it was noted that a minor problem with water supply could exist. He stated that City Engineer Van1t Hul indicated that he might be able to sign a waiver for the provision of City water. Mr. Daines agreed that snow banks and drifts do do create problems, but the streets would be paved and plowed. Mr. Daines once again noted that those individuals residing within the city limits have valid comments on the proposed development. But, he noted, where does progress stop? He further stated that South Willson Avenue has always had a heavy traffic load, much of which is created by the University. Mr. Daines stated he feels that zoning is not the main issue. but is the character of the neighborhood. He noted that many of the lots along Wagon Wheel Road were created as half-acre lots prior to 1975, when one-acre lots were required to avoid ground water contamination. Mr. Daines noted that a proposal to extend Erwin Avenue through this subdivision was submitted. He noted that in a residential neighborhood, the number of accesses should be I limited. Also, to develop a straight road is an encouragement for cars to travel at a higher rate of speed. Commissioner Vant Hull asked Mr. Daines how long it would take to complete his proposed development. Mr. Daines stated that the initial phase would contain approximately 25 lots, which would take two to three years to develop. Mr. Daines estimated that the entire project would take about eight years to complete unless the economy changes, which might allow completion in four years. 05-02-83 U5U Mr. Clair Daines then noted that the CQmmission has several reasons to approve the requested Zone Map Change from RS-1 to R-1, including the positive recommendations from the Planning Staff and the Zoning Commission; the requested zoning complies with the Master Plan; the Transportation Study does not list South Third Avenue as a high priority item; water and sewer lines currently extend to the edge of the property; fire hydrants currently exist on the property; no lots are available in Gene Graf's subdivisions; the property has a designated I collector street on three sides; and the City needs the increased tax base. Mr. Daines once again noted that there are virtually no R-1 zoned lots available, and not too many R-2 zoned lots available for construction. . Allen Anderson, 3302 Wagon Wheel Road, stated that many people have taken an anti- annexation pose at this public hearing. He noted that some hazardous streets do exist, and adding traffic will not help the situation. He noted that the character of the neighborhood is important and should be maintained. Mr. Anderson requested that the Commission deny the rezoning and annexation unti I City services can be provided. Mr. Joel Shouse stated that, as a planner and a member of the City-County Planning Board, he has concerns about the implementation of the proposed Master Plan. He noted that in the last ten years, the City has been inhibited by difficulties and inabilities to deal with problems and move ahead. He is also concerned about the testimony received during this public hearing and how it wi II affect the implementat!on of the proposed Master Plan. Mr. Shouse then reminded the Commission that the Planning Staff has reviewed the proposed Zone Map Change and recommended approval. Mayor Stiff closed the publ ic hearing. A decision will be forthcoming following con- sideration of the requested annexation of this parcel of property. Adjournment - 11 : 25 p. m. There being no further business to come before the Commission at this time, it was moved by Commissioner Weaver, seconded by Commissioner Mathre, that the meeting be adjourned. I The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: Clerk of the Commission I 05-02-83