Loading...
HomeMy WebLinkAbout1983-05-16 UGS MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA May 16, 1983 ******************* The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, May 16, 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 May 2, 1983 and May 9, 1983 were approved as corrected. None of the Commissioners requested that any of the items listed under Consent Items be removed for discussion. Open bids - Water System Improvements, Project Group II, Schedule I (Garfield Trunk Water Line ) This was the time and place set for the opening of the bids for the Water System Improvements, Project Group II, Schedule I. This project is more commonly referred to as the Garfield Trunk Water Line. The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the bids be opened and read. 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 The following bids were then opened and read: Base Bid Engineer's Estimate $ 135,482.00 Barnard Construction Company, I nc. Bozeman, Montana $ 151,348.00 Dugdale Construction Company, Inc. Butte, Montana $ 206,199.00 Johnston Excavating, I nc. Bozeman, Montana $ 148,366.50 Lehman Construction Company, Inc. Great Falls, Montana $ 207,448.00 Underground Utilities Bozeman, Montana $ 131,502.00 Williams Brothers Construction Lewistown, Montana $ 153,010.00 City Manager Evans recommended that the bids be referred to the staff for review and a recommendation to be submitted at next week's meeting. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the bids be referred to the staff for review and a recommendation be submitted for next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being I Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Request - permission to conduct sidewalk fine art and craft show and sale - in and around the Downtowner Mall - June 24-25, 1983 - Montana I nstitute of Art City Manager Evans presented to the Commission a request on behalf of the Montana Institute of the Arts for permission to conduct a sidewalk fine art and craft show and sale in and around the Downtowner Mall on June 24 and 25, 1983. The City Manager recommended that 05-16-83 UGG the Commission deny the request because the proposal would include utilizing public right of way for private gain in the sale of the art. Commissioner Anderson asked if the Montana I nstitute of the Arts has made alternative plans if the request to use the sidewalk is denied. Ms. Eleanor Crank, Chairman of the Painters Group of the Montana I nstitute of the Arts, stated they have not made any alternative plans. She noted this is the first year that the I M.I.A. has attempted this type of activity; and they would like to keep it in the downtown area if possible. Ms. Crank also stated that the M.I.A. has received approval from the owner of the Downtowner Mall, and the merchants located there have expressed their support of the proposal. She indicated this is the first time this type of activity has been planned, and the M.I.A. would like to make this an annual event if possible. Commissioner Weaver asked what the Montana I nstitute of the Arts is and if personal gain would be realized from this event. Ms. Crank stated that the Montana Institute of the Arts is an organization for artists. She noted that this event would be sponsored by the M.I.A. for any artists in the area. The M.I.A. is organizing the show and sale and will rent spaces. The monies realized from the space rental wi II cover expenses incurred, such as advertising. Ms. Crank further stated that if an artist sells any of his/her works, the individual will keep those monies. Ms. Crank stated that the M.I.A. has chosen the dates of June 24 and 25 for this show and sale because it is during Rodeo Week. She noted that a western art show is being held at the Museum of the Rockies during that week, and the M.I.A. is attempting to draw the downtown area into the event as well. Commissioner Vant Hull asked where the booths would be located and asked if an unob- structed pedestrian pathway of sufficient width would be provided. She noted that the areas between the planters and benches along the South Willson Avenue side of the building would possibly provide an unobstructed area for people next to the building. Ms. Crank stated that members of the Montana I nstitute for the Arts have considered I providing 4-foot by 8-foot booth spaces against the building. She feels this would provide ample space for the exhibitor and yet allow sufficient room for pedestrian traffic to move freely. Commissioner Vant Hull noted that usually events of this type are conducted at Main Mall. She stated she feels if the Commission is concerned that activities of this type should be held in the downtown area, this request should be approved and monitored for its success. Commissioner Weaver then asked if the Montana I nstitute for the Arts has received any input from the Downtown Merchants Association concerning this proposed activity. Ms. Crank stated the M .1. A. has not received any information from the Association. Representatives of the M.I.A. have spoken with various members of the Downtown Merchants Association, and they have indicated support; but the Association has not taken official action. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request to conduct a sidewalk fine art and craft show and sale in and around the Downtowner Mall on June 24 and 25, 1983, as submitted by the Montana I nstitute of the Arts. 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. Request - waiver of open container ordinance - picnic for the I nstitute of Electrical and Electronics ineers, Inc., MSU faculty and students - Bo ert Park - May 22, 1983, 2:00 p.m. to dus City Manager Evans presented to the Commission a request on behalf of the I nstitute of I Electrical and Electronic Engineers, Inc., MSU faculty and students, for a waiver of the open container ordinance for a picnic to be held in Bogert Park on May 22, 1983, from 2:00 p.m. to dusk. City Manager Evans recommended approval of the request. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the request submitted on behalf of the Institute of Electrical and Elec- tronics Engineers, Inc., Montana State University faculty and students, for a waiver of the 05-16-83 USI open container ordinance for a picnic to be held in Bogert Park on May 22, 1983, from 2: 00 p.m. to dusk. 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 Request - permission to conduct bike race - Greek Week Bike Race Committee - Tuesday, May 17, 1983, 5:00 p.m. City Manager Evans presented to the Commission a request on behalf of the Greek Week Bike Race Committee for permission to conduct a bike race on Tuesday, May 17, 1983, at 5: 00 p.m. City Manager Evans noted that the major portion of the race is to be conducted outside city limits. The Police Division has indicated no problem with the request, and the City Manager recommended approval. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commis- sion approve the request for permission for the Greek Week Bike Race Committee to conduct a bike race on Tuesday, May 17,1983, at 5:00 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 - permission to conduct fun run - Greek Week Planning Committee - Thursday, May 19, 1983, 6:00 p.m. City Manager Evans presented to the Commission a request on behalf of the Greek Week Planning Committee for permission to conduct a fun run on Thursday, May 19, 1983, at 6: 00 p.m. City Manager Evans noted that Police Chief Tate has indicated he would have no problem with this request if the Committee provides guards at the most dangerous intersections. City Manager Evans recommended that the Commission approve the request contingent upon this condition. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the I Commission approve the request for permission for the Greek Week Planning Committee to conduct a fun run on Thursday, May 19, 1983, at 6: 00 p. m., contingent upon the condition that the Committee provide guards at the most dangerous intersectIons. 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. Request - permission to operate mobile concession stand at North Grand ballfield and Kirk Park ballfields - Fifth Ace Saloon City Manager Evans presented to the Commission a request on behalf of the Fifth Ace Saloon for permission to operate a mobile concession stand at the North Grand ballfield and the Kirk Park ballfields. City Manager Evans stated the requested activity would involve the use of public properties for private gain and recommended denial of the request. Commissioner Vant Hull noted that the Bozeman Men's Softball League has submitted a letter of support for the request. City Manager Evans noted that the Gallatin Valley Softball Association currently oper- ates the concession stand at the Recreation Complex on Haggerty Lane, and the proceeds are then used in the complex or in the softball program. He noted that the Softball Association operating a concession stand is different from this request, which would provide personal gain. Commissioner Weaver noted that some cities establish concession stands to sell hot dogs at public facilities. He noted that this appears to provide a service, which should be con- sidered when making a decision on this I'equest. I Mr. Carson Davis, one of the two requestors, stated that the Fifth Ace Saloon would not be operating the concession stand. He and Mr. Louis Jasekoff would be the operators of the concession stand, and food preparation and clean up would be done at the Fifth Ace Saloon in Gallatin Gateway. He also noted that the concession stand at the Recreation Complex is currently being operated by two individuals. Mr. Davis further stated that the proposed concession stand would be a 4-foot by 8-foot mobile trailer, which would be operated between 5:30 p.m. and 9:00 p.m. on week nights at the North Grand ballfield and then removed. Also, they would operate at the Kirk Park ball- fields on weekends when tournaments are being held. 05-16-83 UG8 Assistant City Manager Barrick noted that people in the area of the North Grand ball- field have expressed their concern about the ballfield being located there. He stated that a concession stand would provide the potential for litter, which would upset the residents of the neighborhood more. Mr. Louis Jasekoff, requestor, stated that he has been involved with the Softball Association for five of the past six years. He noted there is nothing to eat or drink at the I North Grand ballfields, and there have not been sanitary facilities during many of the games. He feels that a concession stand would alleviate some of the problems in the area, because some of the people at the ball games have gone to the residents in the area for permission to use their water hoses and bathrooms. Commissioner Mathre stated she would like to know more about the situation with the concession stand at the Recreation Complex. Mayor Stiff requested the staff to gather more information and that this item be placed on next week's agenda for further consideration. Request - development of community garden for low-income residents at Westlake Park City Manager Evans presented to the Commission a request for the development of a commu- nity garden for low-income residents at Westlake Park. The City Manager noted that the cost of running a water line to the garden site would cost $1,500.00 to $3,500.00, depending upon where the site is located and the distance that the water line would need to run. Ms. Mary Martin. Gallatin Valley Emergency Food Bank, stated that the Human Resource Development Council would screen applicants for garden plots, using the poverty guidelines which are used for other programs. The amount of land set aside for this use and the demand for garden plots would determine the size of each plot. She stated initially they have con- sidered establ ishing 20-foot by 30-foot plots, which is the same size as the plots located at Langohr Park. Commissioner Weaver asked if there is evidence that a demand for the proposed garden I plots exists. Ms. Martin stated that approximately 75 families per month indicated they would like a garden plot. She estimated that 60 percent of those would be interested if the space were available. Ms. Martin further stated that one member of the Board of Directors is a farmer, and he has stated that he would roto-till the garden site this summer and prepare it for use next summer. This would also allow time for installation of the water line and to prepare a list of those who qualify and are interested in the program. Ms. Martin then stated the Human Resource Development Council has discussed the possi- bility of paying for the installation of the water line. She stated that the Council will not reach a decision until later this week and requested that action on this request be deferred for one week. Mayor Stiff requested this item be placed on next week's agenda for further discussion and a possible decision. Acknowledge receipt of request for annexation - M. N. Nash - portions of Lot 4, Lots 5-8, Lots 10-23, and Lot 24 and all of Lot 9, Bulens Subdivision (bordered by Graf's Fourth and Gardner Park Subdivisions) City Manager Evans presented to the Commission a request for annexation received from Mr. M. N. Nash for portions of Lot 4, Lots 5 through 8, Lots 10 through 23 and Lot 24, and all of Lot 9, all located in Bulens Subdivision. This site is more commonly located along the southeast side of the city, bordered by Graf's Fourth Subdivision and Gardner Park Subdivision. I City Manager Evans recommended that the Commission acknowledge this request for annexation and defer action pending the outcome of the public hearing scheduled for June 6, 1983, con~ cerning the proposed deferral of annexations. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission acknowledge receipt of the request for annexation received from Mr. M. N. Nash for portions of Lot 4, Lots 5-8, Lots 10-23 and Lot 24 and all of Lot 9, all located in the Bulens Subdivision, and defer action on this request pending the outcome of the public hearing 05-16-83 U68 scheduled for June 6, 1983, concerning the proposed deferral of annexations. 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 Commission Resolution No. 2450 - in memoriam to Fred M. Staudaher, former Commissioner and Mayor City Manager Evans presented Commission Resolution No. 2450, entitled: RESOLUTION NO. 2450 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, IN MEMORIAM TO FRED M. STAUDAHER AND TO EXTEND CONDOLENCES AND SYMPATHY TO THE BEREAVED WIDOW, FAMILY AND FRIENDS OF FRED M. ST AUDAHER. City Manager Evans noted that Mr. Staudaher was a dedicated public servant, serving as a Commissioner and Mayor during the period 1960 through 1963. The City Manager then recommended that the Commission adopt this Resolution. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commis- sion adopt Commission Resolution No. 2450, in memoriam to Fred M. Staudaher, former Commis- sioner and Mayor. 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. Commission Resolution No. 2451 - intent to annex Phase II, Westridge Meadows Planned Unit Development City Manager Evans presented Commission Resolution No. 2451, as prepared by the City Attorney, entitled: RESOLUTION NO. 2451 I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND OF THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO THE SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF THE SAID CITY OF BOZEMAN SO AS TO INCLUDE THE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. City Manager Evans recommended that the Commission adopt Commission Resolution No. 2451 and set the public hearing date for June 20, 1983. Commissioner Vant Hull suggested that this Resolution and the following Resolution contain the conditions which she had proposed last week, including (1) that the owners of the annexed properties waive the right to protest any and all hook-up fees that might be approved by the City within the next year and (2) that an agreement which is mutually acceptable to the developer and the City concerning the transfer of water rights on the Sourdough Creek Properties be executed prior to annexation. City Attorney Crumbaker-Smith stated that the conditions can be specified in the Res- olutions if the Commission desires. She noted the State Statute provides that the City and owners of the proposed annexation may mutually agree on how services will be provided to the area. The City Attorney further noted that the Resolution could reflect those items listed in the Staff Report and the provision of services to the property would be accomplished through mutua' agreement of the City and the developer. Commissioner Vant Hull suggested that action be deferred for one week to allow the City I Attorney an opportunity to revise the Resolutions. It was moved by Commissioner Weaver. seconded by Commissioner Mathre, that the Commis- sion adopt Commission Resolution No. 2451, stating the City's intent to annex Westridge Meadows Planned Unit Development, Phase II. and set the public hearing date for June 20, 1983. It was then moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission table action on Commission Resolution No. 2451 for a period of one week, to allow the City Attorney an opportunity to revise the Resolution. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Co'mmissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. 05-16-83 07U Commission Resolution No. 2452 - intent to annex Sourdough Creek Properties City Manager Evans presented Commission Resolution No. 2452, as prepared by the City Attorney, entitled: RESOLUTION NO. 2452 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF I BOZEMAN, THE INHABITANTS THEREOF AND OF THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO THE SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF THE SAID CITY OF BOZEMAN SO AS TO INCLUDE THE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. City Manager Evans recommended that, in view of the preceding action, the Commission table action on this Resolution until next week. It was moved by Commissioner Weaver, seconded by Commissioner Mathre, that the Commission adopt Commission Resolution No. 2452, stating the City's intent to annex Sourdough Creek Properties, and set the public hearing date for June 20, 1983. It was then moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission table action on Commission Resolution No. 2452 for a period of one week, to allow the City Attorney an opportunity to revise the Resolution. 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. Authorize Call for Bids for janitorial service - Fiscal Year 1983-84 City Manager Evans presented to the Commission a request for authorization to Call for Bids for janitorial services for Fiscal Year 1983-84. City Manager Evans recommended that the Commission authorize the Staff to proceed with the Call for Bids and set the bid opening date for June 6, 1983. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize City staff to proceed with the Call for Bids for janitorial service for the I Fiscal Year 1983-84 and set a bid opening date for June 6, 1983. 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. Discussion - commitment of funds for the Automated Flight Service Station study City Manager Evans stated that representatives of Gallatin County, Chamber of Commerce, Montana State University and the City of Bozeman met to discuss the funding of the proposed Al,Jtomated FI ight Service Station study. The group split the estimated cost of the study into shares and determined that the funding could be divided into 36 shares. The City Manager stated that Gallatin County has committed to funding of ten shares of the study. City Manager Evans then requested that the City Commission authorize the funding of five shares at a cost not to exceed $5,000.00 or 1/6 of the total cost of the study. The City Manager stated that he cannot make public the proposed distribution of the remaining shares because various boards and commissions must authorize the expenditure of funds. Commissioner Weaver, who also attended the meeting, stated that he was impressed with the interest and enthusiasm shown and the way in which the separate entities worked together. He stated that since the cost is an estimate and the number of entities that will be involved is uncertain, the group approached the funding of the study through shares. The Commissioner stated that if the study is successful and the Automated Flight Service Station is located at Gallatin Field, the shares will be redeemed, and a single entity would then become totally I involved. This cost recovery wi II then sever the funding for the study from the funding of the project. Commissioner Vant Hull stated she feels the $30,000.00 estimated figure submitted by TAP, Inc., is high. She stated she had also reviewed the addresses of the current FSS employees and found that three live in Bozeman; three live in Belgrade; and seven live in the county. She feels the City should pay less than five shares to be equitable. Commissioner Weaver stated the Gallatin Airport Authority will probably be the principal negotiating agent on the study proposal. 05-16-83 U71 Commissioner Vant Hull noted the indication has been that the location submitting the lowest bid wi II be the new flight service station. She stated, however, people who work in the current Flight Service Stations have indicated if their stations close and they must move, they would prefer Bozeman. She then asked if the City has the money for funding this study. City Manager Evans stated there are budget savings in this current fiscal year. He I stated that the monies would be appropriated from this budget rather than next year's budget. Commissioner Mathre asked if participation in funding the study would obligate the City to help support the construction of the facility. City Manager Evans stated that the funding of the study and funding of construction of the faci Iity wi II be kept separate. He indicated that as the study progresses, funding of the project must be pursued, and he does not feel that the City of Bozeman would be the entity to carry the financial task. It was moved by Commissioner Weaver, seconded by Commissioner Anderson, that the City commit participation in the study for the new Automated Flight Service Station in the amount of five shares, not to exceed $5,000.00 or 1/6 of the total cost of the study. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No being Commission- er Vant Hull. B rea k - 5: 20 to 5: 25 p. m . Mayor Stiff declared a five-minute break at 5:20 p.m., to reconvene at 5:25 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Commission Resolution No. 2449 - proposed Capital Improvement Program for the City of Bozeman Mayor Stiff requested that discussion on this item be deferred for a period of one week to allow an opportunity to consult with the City staff. I Discussion - Commission representation at "Preparedness Workshop on Local Economic Development" - Helena, Montana - Ju ne 7-8, 1983 Mayor Stiff stated he has received information on a "Preparedness Workshop on Local Economic Development" to be held in Helena, Montana, on June 7 and 8, 1983. He stated that Mr. Gary Buchanan, Director of the Montana Department of Commerce, has indicated the City should be represented at this workshop. The Mayor requested that the Commissioners consider this matter and that it be placed on next week's agenda for a decision on who should attend. Discussion - scheduled public hearing re deferral of annexations Mayor Stiff stated he feels the Commission should deal with the proposed deferral of annexations through management and the Commission rather than conducting a public hearing at this time. He noted that at a public hearing, those with vested interests from whom the Commission has already heard will be the ones with input. The Mayor stated the Commission has received a great amount of information from the staff in various memos; and he feels that the Commission should hear from the staff and management on their recommendations and base the decision on those reports. The Mayor also noted the major problems indicated include infrastructure. impact fees and water; and that the staff has more information on those subjects than the general public. Commissioner Mathre stated she had assumed that the staff reports would be presented during the scheduled public hearing. I Commissioner Vant Hull stated she feels a public hearing should be held so that the public will hear the reports also. Commissioner Weaver asked what the Commissioners would expect to hear from the public that has not already been heard. He noted that during the last four public hearings for Zone Map Changes, more input on annexation has been given them on the issue for which the hearings were held. Commissioner Weaver then noted that the Commission has stated there will be a public hearing on the issue. 05-16-83 U72 Mayor Stiff stated he had checked with the City staff; and the Commission can withdraw that public hearing as the advertisement for the public hearing has not yet been published. Commissioner Anderson stated she feels the Commission should hear the staff reports ~nd have as much information as possible prior to holding a public hearing on the issue. Commissioner Vant Hull noted that the memos and reports submitted by the staff list the reasons that a deferral should be imposed and do not address the other side. She questioned I if the other side would be properly considered if a public hearing is not held. Commissioner Weaver stated that this is a technical issue and not one of neighborhood impact. He further noted that since an annexation decision does not require a public hearing, the question of suspension of annexations should not need a public hearing either. He stated that was his reason for voting against conducting a public hearing at last week's meeting. The Commissioner also stated he wants to hear from the staff to determine if there is a basis for deferral of annexations. Commissioner Weaver stated after that staff report, he feels the Commission may elect to conduct a public hearing if it still feels it is necessary prior to making a decision. Commissioner Mathre stated she supports the public hearing because the public should be given an opportunity to speak. It was moved by Commissioner Weaver. seconded by Commissioner Anderson, that the decision on deferral of annexations be defined as a procedural, technical issue not requiring a public hearing, the purpose of which is to reach the decision-making process in a more timely manner. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Weaver, Commissioner Anderson and Mayor Stiff; those voting No being Commissioner Vant Hull and Commissioner Mathre. Consent Items items: 19-25, I ommlssion -- It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the Consent Items as listed above and authorize and direct the appropriate persons to complete the necessary actions. 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. 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 - application for renewal of Kennel License - Calendar Year 1983 - Joan Hudson, 418 South Bozeman This was the time and place set for the public hearing on the application for renewal of a Kennel License for the Calendar Year 1983 submitted by Joan Hudson, 418 South Bozeman A venue. I Mayor Stiff opened the public hearing. Ms. Joan Hudson, appl icant, stated she has been registered with the American Kennel Club since 1947 and has been a breeder since 1949. She stated she has always tried to keep her dogs under control; and has never let them loose. She further stated her dogs have never attacked anyone. Ms. Hudson stated that last year someone had let her dogs loose; and they were back in the yard within fifteen minutes. Ms. Hudson then reviewed the letters of protest which the Commission has received, noting that her dogs do not make noise, are not vicious, 05-16-83 , U73 and have a breeding room in the house. She then presented to the Commission a chart showing where the people who submitted letters of protest and letters of support live in relationship to her house. Ms. Hudson stated she has two full-time kennel managers who maintain the kennels and take the dogs for walks on a leash. She noted if no one is in the house, the dogs are inside the house. She also stated she has no intention of converting her garage into a kennel. She I noted she had requested a variance to enlarge her garage so that she could park her van in it; but that request had been denied. Ms. Hudson further stated that bull terriers, which she raises, are not vicious dogs but are family oriented. She stated that she does not want more than two or three dogs at anyone time and to breed not more than one litter per year. She also noted these puppies are not sold to just anyone; but people must apply to purchase a puppy and provide references. Ms. Hudson stated she moved to Bozeman twelve years ago; and she has always had dogs. She stated she has recently installed a higher fence, so she now has two five-foot chain link fences within a six-foot fence. She stated this should alleviate some of the neighborhood concern. She further noted that the chi Idren usually play with the dogs. She stated the bull terriers usually won't start a dog fight and are not vicious with people. She stated the dogs are kept in the house at night. Ms. Hudson stated the bull terrier breed has been maligned. She noted they have re- ceived bad press for the past 100 years. Ms. Hudson stated the dogs were originally bred as fighting dogs; but they are now bred as fami Iy-oriented dogs. Ms. Hudson also stated she does not feel that it is a detriment to the community when a Bozeman dog is recognized in a dog show in New York City. Commissioner Weaver noted that testimony received two weeks ago indicated that a child had been attacked by one of her dogs. Ms. Hudson stated that it was not one of her dogs that attacked the child. I Commissioner Weaver then asked how long the new fence has been in place. Ms. Hudson stated the fence had been up for approximately one week. Mr. Maurice Jones, 211 East Story, stated his property abuts Ms. Hudson's property. He stated that Ms. Hudson's dog named Joker is a vicious dog. He stated that any time he goes into his back yard, the dog comes to the fence as if ready to tear it down. Mr. Jones stated that one time the Johnsons came to pick raspberries, which are located close to the fence. Joker was barking, and Ms. Hudson called, "No, no, no; wait until they come to the fence and then kill, kill, kill". Mr. Jones also stated the dogs have barked for extended periods before being let in the back door. Mr. Jones noted that a dog can sense when a person shows fright; and their actions can change. He stated that the dogs may be docile with Ms. Hudson, but not to other people. Mr. Mike Deed stated he has never known Ms. Hudson's dogs to be vicious. He stated that his three-year-old daughter had ridden on the dogs and played with them. He stated that the only time he knows of the dogs attacking is when someone was trying to break into her van. Mr. Kim Belnap, owner of one of the bull terrier puppies, stated he lives two houses away from Hawthorne School. He noted that his dog has never attempted to attack anyone. He stated that his dog is good with children; and he will go and sleep if he wants to be away from those children. The only time he barks is when he wants something. Mr. Charlie Brown, one of the kennel managers, stated that the dogs are fed between 7:30 a.m. and 8:00 a.m. every day. By 9:00 a.m. the kennels are cleaned with Clorox and I then hosed down. The dogs are walked twice a day and are fed again between 4:30 p.m. and 5:00 p.m. Mr. Brown noted that the dogs are interested in balls and children. Mr. Russell Eldridge stated he lives across the street and down five houses. He stated that he has walked his two-year-old daughter past Ms. Hudson's residence. He stated that one of the dogs came to the fence, sniffed his daughter and walked away. Mr. William Davis, President of the Bozeman Property Owners Association, stated he has had numerous calls from property owners stating opposition to having a kennel in that location because they are afraid of the dogs. He indicated that those people all feel that a kennel 05-16-83 . . - ___u ~ -- 07'4 . should not be allowed inside city limits unless it is properly maintained; and those people don't feel it has been properly maintained until the higher fence was installed. Commissioner Weaver noted that the comments seem to reflect one bad dog, rather than all of the dogs involved. Mr. Davis stated that his concern is for the children going to the Longfellow School. Mr. Davis noted that terriers may be lovable in a certain way, but people are still scared of I them. Mrs. Julia Shilling stated she has known Ms. Hudson for ten years; and her children have been around the dogs since they were babies. She has never known Ms. Hudson's dogs to be vicious toward anyone. She noted that because of their build they are strong dogs. Commissioner Vant Hull noted that the Commission has received two conflicting reports. She asked if the dogs could be excited by the smell of other dogs on people. Mrs. Shilling stated she has a cat, and they have only sniffed her. She stated she has not been around other dogs, so did not know how they would react. Commissioner Weaver asked Mrs. Shilling where she lives in relationship to Ms. Hudson's residence. Mrs. Shilling stated she had lived with Ms. Hudson for three months. Mr. Robert Kruithoff, Mrs. Shilling's son, stated the dogs like to jump on people as they enter the front door because they are glad to see people. He also noted the dogs may nibble, but they do not bite. He stated the dogs only bark when they need something, such as getting into the house. Mrs. Nancy Thompson, next door neighbor, stated she has no objections as long as the dogs are kept in the yard. However, she stated she would object to a kennel being established in the existing garage. Animal Control Officer Connie Lien stated that Ms. Hudson is not asking for a change, but to maintain the status quo. She stated that in her five and one-half years as Animal Control Officer, she has had no problem with Ms. Hudson's kennel. She indicated she has done I numerous spot checks and has found no problems with the operation. Mrs. Lien stated she has received barking complaints at Ms. Hudson's address. She stated that those complaints only list the address and do not specify a dog. The Animal Control Officer then stated that the dogs can get into the house through a small door; and she feels it is unlikely that the dogs would bark for an extended period of time. She then noted that there is another kennel within a block of Ms. Hudson's. She noted that kennel does not have bull terriers; and she has received no complaints on that kennel. She then questioned how many people would object to the kennel license if three poodles were involved. Animal Control Officer Lien then stated that the new fence should eliminate some of the con fl icts in the a rea. She noted that the fence blocks the dogs from view and will keep them in unless someone purposely lets them out. Mrs. Lien also stated that the dogs have always been friendly around her. Animal Control Officer Sheila Markle stated that she has been in that position since July 1982; and she has received no formal complaints on Ms. Hudson IS dogs. She indicated that one neighbor had complained about the dogs during an informal conversation. Mrs. Markle stated that the first time she visited Ms. Hudson IS residence was on Apri I 27, 1983, after the initial discussion about renewal of the Kennel License. The Animal Control Officer stated that she is impressed with the kennel operation, noting that this is the only kennel in town that is operated as she feels a kennel should be operated. Mr. Bruce Thompson, 219 East Story Street, stated that their neighborhood usually works together, especially when they feel there is a need for change. He noted that he has lived in I the area for twelve years. Mr. Thompson stated that the neighbors knew nothing about the Kennel License when the original application was submitted or on the renewals until this one. He stated the dogs that attacked the children referred to in previous testimony were Dobermans that were visiting at Ms. Hudson's house. He also noted that neighbors in the area have told him of other incidents when dogs visiting at Ms. Hudson's residence have attacked people. Mr. Thompson stated that his concern is that a Kennel License does not specify the type of dogs that are allowed; and he does not feel that vicious dogs should be allowed in the area. 05-16-83 U75 Mr. Ceci I Johnson stated that he has lived in the area for about twenty-five years. He stated that Ms. Hudson got rid of the dogs she had when she originally moved into the neighbor- hood and got bull terriers, which are fighting dogs. Mr. Johnson also confirmed Mr. Jones' quotation of Ms. Hudson's comment listed above. Mr. Johnson further stated that a person does not know if a dog will bite if it is growling, snarling and snapping. He also stated that the dogs have barked many times. He stated that he has called the Animal Control Officer I because of the barking. Mr. Johnson stated that a residential neighborhood is no place to have a kennel. Mr. John Perry stated that he went to Ms. Hudson's house about six months ago. He stated that he was scared of the dogs, but one of them jumped into his lap. He also stated that they are not a nuisance and are not a threat. Mr. Bob Thompson, stated that he is opposed to the renewal of the Kennel License if a written statement that the garage will not be used as a kennel is not provided since their property is adjacent to the garage. Commissioner Weaver asked Ms. Hudson if she intends to use the garage as a kennel. Ms. Hudson stated that she had wanted to build a new garage to house her $16,000 van. She indicated that she does not intend to use the present garage as a kennel. She only wants the two pens which presently exist on her property. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. S rea k - 8: 1 0 to 8: 1 5 p. m . Mayor Stiff declared a five-minute break at 8:10 p.m., to reconvene at 8:15 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public hearing - vacation of aile Avenue and south of West Aspen Street, located in Tract 1 0 the ort I This was the time and place set for the public hearing on the vacation of the alley west of North Fifth Avenue and south of West Aspen Street, located in Tract 1 of the North Seventh Addition. Mayor Stiff opened the public hearing. City Manager Evans stated that the petition for vacation of the subject alley was signed by four of the five adjacent property owners. He noted that a portion of this alley was vacated by Ordinance No. 936. The City staff has reviewed the petition and recommends vacation of the alley. Mr. Gene Cook stated that he has requested vacation of the alley. He noted that the subject alley is located behind Milam's Greenhouse, with the major portion of the alley running from the back of the property fronting on North Seventh Avenue to North Fifth Avenue. Mr. Cook stated that he is currently tearing down an old building and constructing a new one. He noted that there is no visible sign of use of the alley for several years. Mr. Cook stated that four of the five adjacent property owners feel that the alley right-of-way could be better utilized if it were vacated. Commissioner Vant Hull asked Mr. Cook if he has talked to the property owner who did not sign the petition. Mr. Cook stated stated that he had talked to Mr. Ypma; and he feels that some day some- one may want to use that alley. No one was present to speak in opposition to the vacation of the alley. Mayor Stiff closed the public hearing. A decision will be forthcoming next week. I Public hearing - setting of priorities for Community Development Block Grant application This was the time and place set for the public hearing on the setting of priorities for the Community Development Block Grant application. Mayor Stiff opened the public hearing. Assistant Planner Mike Money stated that the Community Development Block Grant Committee, appointed by the Commission, met on three occasions and reviewed the needs assessment prepared for last year's application and staff comments for public facilities projects that could be 05-16-83 u~rG completed through the City. The Committee recommendation to the Commission is that housing be selected as the Number One priority for this year's application. If the housing program cannot be completed for some reason, the Committee then suggests that portions of streets in the northeast sector be paved, including underground utilities. Mr. Money stated that the Committee will meet again tomorrow night, two architectural firms will present proposals for housing projects, one for rehabilitation and one for new construction. I Mayor Stiff asked how the CDBG monies would be used if the application is successful. The Assistant Planner stated that for new construction, CDBG monies could be used for land acquisition and site preparation. If a rehabilitation program is pursued, CDBG monies could be used for acquisition and rehabilitation of a structure. That property could then revert back to the applicant or to a nonprofit organization. Assistant Planner Money stated that the project selected by the Commission must benefit low- and moderate-income people. He noted that if using the monies for housing would not provide affordable housing for the low- and moderate-income people, the application would need to be switched to paving and installation of utilities in the northeast sector, which contains the highest percentage of low- and moderate-income people. He stated that during the next week, the Planning Staff will be circulating questionnaires through the northeast and south central sectors of the city concerning current location and willingness to relocate. Mayor Stiff asked if these questionnaires will dupl icate any of the work which the Bozeman Housing Committee has done. Mike Money stated that it would not. The Assistant Planner then stated that if the housing project does not appear viable, the Planning Staff currently has substantial infor- mation on the street paving and utility installation. He noted that the City Engineer has submitted a list of unpaved streets with the estimated cost of relocation of the utilities and paving. Assistant Planner Mike Money then stated that the application for Community Develop- ment Block Grant monies must be submitted by July 1, 1983, and the Planning Staff should know I which project would be most appropriate within the next few weeks. No one was present to speak in support of or in opposition to the proposed priorities for the Community Development Block Grant monies. Mayor Stiff closed the public hearing. City Manager Evans recommended that the Commission give the Community Development Block Grant Committee and Planning Staff an indication of their priorities for the CDBG appli- cation. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize and direct the Staff to proceed with preparation of the Community Develop- ment Block Grant application, designating housing as the Number One priority and setting installation of underground utilities and paving of unpaved streets in the northeast sector of the city as the Number Two priority. 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. Tonn - chan e use from non- Lots 7-10, oc . This was the time and place set for the public hearing on the Conditional Use Permit requested by Kenneth and Ruthmary Tonn for a change in use from a non-conforming four-plex to a non-conforming Bed and Breakfast Inn on Lots 7-10, Block H, Alderson's Addition. This site is more commonly located at 319 South Willson Avenue. I Mayor Stiff opened the publ ic hearing. Planning Director John Moss presented the Staff Report. He stated the requested Conditional Use Permit would change the use of the "old Chisolm Home" from a four-plex with seven to twelve residents, with the owner not residing there, to an owner-occupied Bed and Breakfast Inn with eight guest rooms. He stated these eight rooms would allow twelve to sixteen persons, but on most nights there would probably be only approximately six people 05-16-83 . U7! staying in the Inn, plus the owners. Mr. Moss noted that Bed and Breakfast I nns are a new concept, particularly in this area. and are comparable to the old tourist homes in small communities from many years ago. The Planning Director noted the house is now being used as a non-conforming multi- fami Iy structure. He stated he feels the proposed use is more desirable and less non-con- forming than the current non-conforming use. Mr. Moss noted the "old Chisolm Home" is located I in the historical district and is a pivotal historic structure. Mr. Moss stated the property shows signs of deterioration; and the top floor needs considerable renovation and repair. He noted that the driveway also needs to be resurfaced. The Planning Director further noted that as long as this structure is used as apartments with an absentee owner, the structure will continue to deteriorate. Planning Director Moss stated that the immediate neighborhood contains several multi-family structures, including a duplex to the north and a flat-topped four-plex to the south. Planning Director Moss stated that the zoning regulations require an eight-foot side yard and does not allow parking in that area. He stated that the driveway currently is lo- cated within that side yard setback; and four parking stalls are located within that side yard area also. He noted a potential problem exists concerning the requirement for paved parking and the setback requirements and landscaping, which could harm the historic zoning if improp- erly done. He then stated that the Planning Staff has recommended that the dilapidated garage currently on the property be removed and that six parking spaces be provided in that space. He noted this should create a minimal impact on the historic area. Mr. Moss also stated the parking for the proposed non-conforming use would be less non-conforming that the parking for the present non-conforming use. The Planning Director stated that the Planning Staff is currently preparing an inven- tory and proposed guidelines for historic zoning regulations, which should be completed by Fall. He stated at the present time, there is no clear definition of a Bed and Breakfast Inn in I the Zone Code. He further noted the concern has been expressed that if this application is approved, a precedent will be set and other Bed and Breakfast Inns will be allowed in the area. He stated each application should be reviewed on its own merits; and approval of one application would not guarantee approval of future applications. Mr. Moss stated if historic zoning regulations are enacted, specific regulations on the number of Inns permitted in the future should be addressed. Planning Director Moss also stated there is little or no demand to use this structure as a single-family residence. He also noted the applicant has indicated she will clean up and repair the structure in preparation for its requested use. The Planning Staff recommended approval, subject to twelve conditions; and the Zoning Commission concurred in those recommendations. One of those conditions is that the Condition- al Use Permit become null and void if the owner does not live in that residence. Planning Director Moss then stated that the South Willson Improvement Association opposes the requested Conditional Use Permit by a vote of 34 against and 17 for, out of 51 people in- volved. The reasons for opposition stated are that the people want to avoid setting a prece- dent, and they fear creeping commercialism. Commissioner Weaver noted the proposed conditions do not limit the number of guest rooms to be provided. Planning Director Moss stated that the application requests eight guest rooms. Commissioner Mathre asked what the proposed definition of a Bed and Breakfast I nn would be under the historic district zoning regulations. I Planning Director John Moss stated the definition would be a single-family structure, owner-occupied, and containing rental rooms for overnight accommodation. Mr. Dick Andriolo, Attorney for the applicant, stated the request is not for a zone change, but to allow a non-conforming use in the current zoning district. He stated the current non-conforming use is allowed because it was there prior to the adoption of the Zone Code. He stated that under the Municipal Code, one non-conforming use may be changed to another non-conforming use if the proposed use is more appropriate than the current use. Mr. Andriolo stated the residents of South Willson can be proud of their efforts to maintain . 05-16-83 . 01'8 their district. He indicated if this application is approved, the "old Chisolm Home" will be well maintained, which will help preserve the historical interest and character of Bozeman. He stated the clientele of the Bed and Breakfast I nn will be businessmen and professional people who will not be staying in Bozeman for more than a few nights. He noted that the upstairs currently contains three marginal apartments. Mr. Andriolo stated the appl icant does not wish to establish a precedent. He stated she proposes to put $60,000.00 into improvements, inside and outside the structure, to make it I a quality structure which will be an asset to the neighborhood. He indicated that the condi- tions recommended by the Planning Staff are reasonable, and the applicant agrees to comply with them. He also stated the applicant will put up privacy screening and bushes to minimize the impact of paving in the area. Mr. Andriolo then indicated that a common definition of a Bed and Breakfast Inn is "an owner-occupied single-family residence, which is the primary place of residence, with a limited number of rooms for renting out on a nightly basis. II Mrs. Ruthmary Tonn, appl icant, noted that the "old Chisolm Home" is a quietly elegant home and is architecturally interesting. She stated if the Conditional Use Permit is granted, this will become their permanent residence. She stated the overnight rooms would provide fund- ing for restoration and enable the family to live in and maintain one of the finest residential dwellings in Bozeman. She stated the type of visitors attracted to the Bed and Breakfast Inn would be those interested in the historic sites in the area. Mrs. Tonn stated her interest in the Bed and Breakfast Inn is from a family heritage because her mother and sister operate a Bed and Breakfast Inn in Texas. She stated she intends to restore the second floor to the original period, containing seven or eight medium to small sized rooms with individual baths. A breakfast table will be provided in the downstairs area, but will be the only meal available to the guests. Mrs. Tonn then noted that seven rooms are necessary to provide the funding to restore the home. She stated the average occupancy rate for a Bed and Breakfast Inn is 28 percent. She stated that it is unlikely that the house will be converted to a single-family home because of the current second floor conversion. I Mrs. Tonn then stated that 13 people have expressed support of the proposed use but do not feel they can speak at the publ ic hearing. Others have expressed concerns, including (1) fear of change; (2) fear of setting a precedent; (3) classification as a hotel or motel; and (4) increased traffic in the area. Mrs. Tonn then read four letters of support, but those letters were not submitted as a part of the record. Commissioner Anderson asked how long people usually stay at a Bed and Breakfast Inn. Mrs. Tonn stated that most people stay two or three days, with some staying only one night. Mrs. Tonn then stated she would advertise her Inn in travel magazines and with travel agencies so that people who are looking for that type of accommodations would be able to find it. Commissioner Vant Hull asked if a 36-inch by 48-inch sign seems a reasonable size. Mrs. Tonn stated that the sign would be large enough to read. She noted that people would be looking for the sign, so it does not need to be very large. Mr. Kenneth Tonn, appl icant, stated that in the early 1960's he had rented one of the upstairs apartments. He noted that since the owner no longer resides in the house, there has been considerable deterioration. Mr. Tonn stated he feels the proposed use would be more desir- able as they would be living there and maintaining the property. Break - 9:30 to 9:35 p.m. Mayor Stiff declared a five-minute break at 9:30 p.m., to reconvene at 9:35 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. I Mrs. Zan Hoxsey, 601 South Grand, stated that they have restored their 90-year old house to its original beauty. She stated support of the proposal for the Bed and Breakfast Inn, noting that the applicants will restore and enhance the old house. She stated she feels the proposed use will complement the district rather than detract. 05-16-83 ------ U79 Mr. Jerry Gossell, real estate broker and appraiser, stated that his first concern was commercial encroachment and effect on property values. He talked to a real estate appraisal firm in California and found that for the most part, Bed and Breakfast I nns enhance the area and property values because of restoration in historical areas. Mr. Gossell stated he feels each appl ication for an I nn should be reviewed on its own merits. Mr. Jack Jelinski stated he feels the proposed use would improve the structure. He I also noted he feels the proposed use is less non-conforming than the present non-conforming use. Mr. Jelinski also stated he feels this would not create a threat of creeping commercial- ism. Mr. Jim Di Berardinis, 408 South Willson Avenue, stated he had telephone surveyed 51 people in the South Willson Historic District and found 34 against and 17 in support of the proposed Bed and Breakfast Inn. Mr. DiBerardinis stated if the City is preparing zoning regulations for a historic zone, a decision on this request should be delayed until after the regulations have been adopted. He stated the current request would change the use from a non-conforming use to a use that does not exist. Mr. DiBerardinis indicated the Planning Staff has indicated a Bed and Breakfast Inn would be the only viable use for this structure. He stated the people who currently own the house could move back into it, or it could be converted into a museum. Mr. DiBerardinis then stated the proposed parking would meet only 60 percent of the required parking. He noted Mr. Nell's proposal for the property across the street was tu rned down because it lacked 22 percent of the required parking; and he feels this request should also be denied on that basis. Mr. DiBerardinis stated the South Willson Historic District and the South Willson Improvement Association are not opposed to change on South Willson Avenue, but that any change should be carefully planned. He once again requested the Commission delay a decision until the consultant has completed his proposal and new zoning regulations have been adopted I for historical districts. Commissioner Anderson asked when apartments were established in the Chisholm home. Mr. DiBerardinis responded that apartments had been in that house since 1926. Mayor Stiff noted the structure is currently in need of repair. He noted that if the Commission denies the current request, the risk exists for further substantial deterioration. Mr. DiBerardinis stated that a certain amount of risk is involved when ownership of a structure changes. He also stated the neighborhood is not displeased with the current use; and he does not feel the house is an eyesore. He further stated he feels eight units are too many in that house, and he does not feel the proposal has been studied sufficiently. Mr. Dick Andriolo presented to the Commission the square footage of the "old Chisolm Home ," indicating there are 2,256 square feet on the second level. Mr. Sidney Whitt, 1004 South Willson Avenue, stated he feels what has been said has been excellent, and it would be great to see a historical structure so well improved. Mr. Whitt stated he would like the Commission to delay its decision until the applicant and the South Willson Improvement Association can meet and develop a contract between the two parties that is agreeable to all concerned. Commissioner Vant Hull stated she understands a meeting was held between the Tonns and the South Wi IIson I mprovement Association. She asked if a vote had been taken at that time. Mrs. Ruthmary Tonn stated that approximately twenty to thirty people were in atten- dance at that meeting. They did distribute information on Bed and Breakfast Inns at that time. I Mrs. Helen Johnson, 619 South Willson, real estate broker, stated she is not opposed to the proposed Bed and Breakfast Inn. She stated, however, she does not want to see more commercial properties in the area. Mrs. Johnson stated it is not improbable that the house might be sold as a single-family residence. She requested that the Commission not allow commercial ventures on South Willson Avenue. Commissioner Weaver asked Mrs. Johnson if she views a Bed and Breakfast Inn as differ- ent from the existing apartments. 05-16-83 6ao Mrs. Johnson stated the only selling point for the proposed use is the improvement of the structure. She noted she had just sold a house for $190,000.00; and the market is open- ing up. Mr. Chuck Parks, 603 South Willson Avenue, stated the Planning Staff's recommendation for approval of the request is based on deterioration of the structure. He noted his house had required some money to repair and a lot of hard work. Mr. Parks stated their Association had worked hard to get the historic district designation; and they would like to see zoning I regulations established. Mr. Parks also indicated that everyone is aware of the Conditional Use Permit process and the zoning in the area. Mayor Stiff noted that the South Willson Improvement Association has suggested that a decision on this application be deferred until zoning regulations for the historic district have been established. He stated the applicant currently has an option to purchase this home; and that option cannot be maintained for an indefinite period of time. Mr. Barney Merkel, 709 South Willson Avenue, stated he is opposed to the proposed Bed and Breakfast Inn on South Willson Avenue. He stated he feels the proposed use would be like a mini-motel. Mrs. Donna Murdock, 1119 South Willson Avenue, stated residents along South Willson Avenue are finding that variances are hurting the neighborhood because it is not being main- tained as a single-family residence area. She noted there are currently three apartments on the second floor of the subject house; and they are well maintained and clean. She also stated that pride and hard work keep a place well maintained. Mrs. Patricia Ecton, 725 South Willson, stated most of the residents along South Willson Avenue are concerned about commercial encroachment along that street. She also requested that action on requests for South Willson Avenue property be deferred until the historic in- ventory has been completed. She then read two letters stating opposition to the proposed Bed and Breakfast Inn; but those letters were not submitted to the Commission. Mrs. Ecton also stated she had seen the house and the main floor inside. She stated the house appears to be I in good shape for an old house. Mrs. Phyllis Craft, 307 South Willson, stated opposition because an Inn is a 'commercial business by definition. She indicated she understands the applicants will not pursue this proposed change if enough of the neighborhood people opposes it. Mrs. Craft stated if this change is allowed, she feels it will set a precedent. Mrs. Vicky Olson, 311 South Willson, stated she and her husband plan to raise a family in their current home. She stated she does not want to see a parking lot or transients next door. Mrs. Olson indicated she would like to have Tonns live next door, but she is concerned about the transients that would patronize the Bed and Breakfast Inn. Mrs. Lola Richards, 415 South Willson Avenue, stated they had purchased the old Lovelace house when they moved to Bozeman in 1970. She stated opposition to another commercial venture along South Willson Avenue. She also noted that Bozeman has an 11, OOO-student University and a good ski area which bring in many people. She stated she feels the Bed and Breakfast Inn would have a higher rate of occupancy than the estimated 28 percent. She stated that people in the area had accepted the fact that there are apartments in the "old Chisolm Home" when they had purchased their homes. Mrs. Richards then asked Commissioner Vant Hull if she had served as Ruthmary Tonn1s campaign manager when she ran for County Commissioner. Commissioner Vant Hull indicated that she had. Mrs. Richards then requested that Commissioner Vant Hull abstain from voting on this matter because of her personal interest. I Mr. John Thompson, 1213 South Fifth Avenue, stated concern about parking. He asked if not enough parking is provided, where the cars will park. Mr. William Davis, President of the Bozeman Property Owners Association, stated the matter should be carefully considered. He agreed that one can take an older home and upgrade it. He stated if the neighborhood does not want a Bed and Breakfast Inn, the Commission should consider that fact in its decision-making process. He also noted that sufficient parking is essential. Mayor Stiff closed the public hearing. A decision will be forthcoming next week. 05-16-83 U81 Break - 10:55 to ":00 p.m. Mayor Stiff declared a five-minute break at 1 0: 55 p. m., to reconvene at 11: 00 p. m, in accordance with Commission policy established at their regular meeting of March 14, 1983. Public hearing - Conditional Use Permit - Wild West Company - aUow expansion of existing business (1410 North Rouse Avenue, old Summit/Dana Building) I This was the time and place set for the public hearing on the Conditional Use Permit for Wild West Company to allow the expansion of the existing business located at 1410 North Rouse A venue. This building is known as the old Summit/Dana Building. Mayor Stiff opened the public hearing. Assistant Planner Mike Money presented the Staff Report. He noted that the Wild West Company had requested and received permission to place a two-story 48-foot by 100-foot ex- pansion to the building. The Wild West Company has now revised the plan and is now re- questing approval of a 78-foot by 100-foot two-story expansion to the building. The Zoning Commission reviewed the application and recommended approval, subject to three conditions. The Assistant Planner stated the applicant has indicated he has no objection to the proposed conditions. No one was present to speak in support of or in opposition to the granting of the Conditional Use Permit. Mayor Stiff closed the public hearing. A decision will be forthcoming next week. Public hearing - Conditional Use Permit - Charles Slater - allow an auto and truck engine parts warehouse and service shop on Lot 6, McChesney Industrial Park (Gilkerson Drive) This was the time and place set for the public hearing on the Conditional Use Permit requested by Charles Slater to allow an auto and truck engine parts warehouse and service shop on Lot 6 of McChesney Industrial Park. The site is located along Gilkerson Drive. I Mayor Stiff opened the public hearing. Assistant Planner Mike Money presented the Staff Report. He stated that the Commis- sion had previously approved a Conditional Use Permit for the subject lot and the lot next to it for Ken LeClair. He indicated that apparently that use will not be completed, and this appl ication replaces the previous request. Mr. Money noted the Zoning Commission had re- viewed the application and had recommended conditional approval. The applicant has indicated he has no problem with the recommended conditions. Mr. William Davis, President of the Bozeman Property Owners Association, stated that Mr. Slater runs a good business and is an asset to the community. He stated support of the requested 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. Adjournment - ":10 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the meeting be ad- journed. 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 ALFRED M. STIFF, Mayor ATTEST: Clerk of the Commission 05-16-83