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HomeMy WebLinkAbout1982-03-01 (SEE PAGE 326 FOR THE MINUTES OF MARCH 8, 1982) 337 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA March 1, 1982 **************************** The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, March 1, 1982 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 Planalp and the Clerk. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Mathre. The minutes of the regular meeting of February 22, 1982 were approved as corrected. None of the Commissionners requested that any of the items listed under Consent Items be removed for discussion. Request for interpretation of Zoning Uses in B-3 District Planning Director John Moss stated that, initially, the B-3 Zone excluded all automotive shops. The permitted uses in the B-3 Zone were then changed to include automobile body shops and muffler sales and service shops. The Commission adopted Ordinance No. 1099, which will become effective on March 22, 1982, which will make automobile body shops and muffler sales and service shops a permitted conditional use in the B-3 Zone. Automobi Ie I upholstery shops are excluded as a permitted use in the B-3 Zone, but would be a conditional use, under this Ordinance. The Planning Director stated that automobile repair shops are not, at any point, listed as a possible use in the B-3 Zone. He requested that the City Commission provide an interpretation of this section of the Zoning Code. Commissioner Anderson asked if this type of business entai Is the storing of la rge auto- mobi Ie parts outside the bui Iding. Mr. Moss stated that the present Zoning Code allows automobile body shops and muffler sales and service shops as permitted uses, and does not address storage outside the bui Iding. A fter March 22, these will become conditional permitted uses, and the City could then exclude outside parking. Mayor Stiff asked if this interpretation is needed prior to March 22, or if the new Ordinance could address the matter. Planning Director Moss stated that the applicant presently has a shop in the B-3 Dis- trict, and he wants to move to another location within the B-3 District (which is presently used as an automobi Ie body shop). Commissioner Mathre noted that, if this is listed as a conditional permitted use after I March 22, 1982, it would be permitted unless the Commission had some reason to deny the Conditional Use Permit. Even the conditional use status would not ensure that the area would be kept as neat and free of clutter as may be desired. Commissioner Weaver asked why the Commission is asked to make an interpretation, rather than wait and go through the Conditional Use Permit process. 3"'" , ....,- , , "IJ "..1 The applicant was present and stated that time is of the essence. He noted that he would like to remodel the building and move the business before the summer, which is his busiest time of the year. City Manager Evans noted that the two uses are very similar. He recommended that the Commission consider the automobile repair shop as a permitted use in the B-3 Zone. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the I Commission interpret the Zoning Code for the B-3 District to include automobile repair shops as a permitted use. 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. City's acting as Public Housing Authority in requisitioning from HUD the subsidy for Greenwood Plaza, the Section 8 Housing Project City Manager Evans stated that on February 25, 1981, the Commission adopted Commis- sion Resolution No. 2303, which imposes upon the City the responsibility of being the middle man between the tenants, H. U. D. and Greenwood Plaza. The City Manager stated his desire to pursue the possibility of subcontracting with another agency, possibly the H.R.D.C. He noted that the City would have to negotiate with the agency to see if the fees passed on by H.U.D. would be sufficient. If not, the City would need to view other opportunities. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize and direct the City Manager to pursue the possibility of contracting these services with another agency and return next week with a recommendation, and that the I City Manager be authorized to sign the initial documents for receipt of the subsidy from H.U.D. for the Greenwood Plaza housing. 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. Incentive Awards Program City Manager Evans stated that, if the Commissioners feel that the draft Incentive Awards Program is in proper form, the policy can be adopted and the program begun as soon as possible. Commissioner Vant Hull noted a few small corrections in grammar and punctuation on the Employee Suggestion Form. Commissioner Mathre expressed a concern that employees might have the impression that if an award is made, it will be in the full $715.00. She noted that the employees should be definitely notified that the award can be in any amount up to $715.00. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission adopt the Incentive Awards Program, to be in effect through June 30, 1982, with I the corrections as made by Commissioner Vant Hull, and that the program be implemented as soon as possible. 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. 338 Acknowledge Addendum to Petition - North Seventh Annexation City Manager Evans presented to the Commission an Addendum to the Petition for the North Seventh Annexation, as prepared by Mr. Joseph Sabol. The City Manager noted that this Addendum to the Petition adds the Bozeman Veterinary Hospital to the list of petitioners for this annexation. He stated that this parcel was included in the proposed annexation, and I they now wish to be listed as a petitioner for the annexation as well. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission acknowledge the Addendum to the Petition for the North Seventh Annexation. 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. 2396 - Intent to annex North Seventh Annexation - Set public hearing for April 5, 1982 City Manager Evans presented Commission Resolution No. 2396, as prepared by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2396 ." A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN AND THE INHABITANTS THEREOF, AND OF THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO THE CITY OF BOZEMAN, KNOWN AS THE NORTH SEVENTH ANNEXATION, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF THE SAID CITY OF BOZEMAN SO AS TO INCLUDE THE SAID CONTIGUOUS TRACTS WITHIN THE I CORPORATE LIMITS THEREOF. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2396, declaring the intention to annex the North Seventh Annexation, and set April 5, 1982, as the date for public hearing on this intention to annex. 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. Authorize Mayor to sign - Change Order No.5 - Battered Women's Network - $1,031.00 City Manager Evans presented to the Commission Change Order No. 5 for the Battered Women's Network, in the amount of $1,031.00, to be funded by CDBG monies. The City Manager noted receipt of a memorandum from Mrs. Barbara Agocs stating that sufficient funds are encumbered to cover this Change Order. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize the Mayor to sign Change Order No.5, in the amount of $1,031.00, to be funded by CDBG monies. The motion carried by the following Aye and No vote: those I voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Authorize Mayor to sign - Change Order No.2 - Reach, Inc. - $3,147.66 City Manager Evans presented to the Commission Change Order No. 2 for Reach, Inc., in the amount of $3,147.66, to be funded by CDBG funds. The City Manager noted receipt 3' .~. .\j \.J of a memorandum from Mrs. Barbara Agocs stating that sufficient funds have been encumbered to cover these expenses. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize the Mayor to sign Change Order No. 2 for Reach, Inc., in the amount of $3,147.66, to be funded by CDBG funds. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner I Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Appointment to Library Board Mayor Stiff stated that he had reviewed the eleven applications received for this posi- tion. He noted that, with much difficulty, he had narrowed this field to three, from which he made the final selection. Mayor Stiff then announced his appointment of Mr. Max J. Hunke, 210 South Church, to the Library Board for a term to expire on June 30, 1985. The Mayor noted that this constitutes a short term; however, this term is necessary to fit into the schedule of expiration dates. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission concur in the Mayor's appointment of Max J. Hunke to the Library Board, with his initial term to end on June 30, 1985. 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. Authority to establish a Trust Fund to accept donations to acquire Mi Iwaukee Rai Iroad right-of- I way land City Manager Evans presented to the Commission a request on behalf of Mr. Erhardt Hehn, Community Recreation Board, to consider the establishment of a trust fund to accept donations for the acquisition of the Milwaukee Railroad right-of-way. The City Manager stated that he would recommend that the establishment of this trust fund contain the provision that, if the monies are not used for the express purpose, they be returned to the donors. He further noted that the Recreation Board has discussed the acquisition of the Milwaukee Rai Iroad right-of-way, and they recommend the acquisition of that portion between the intersection of Story Street and Church Avenue and the intersection of Kagy Boulevard and South Third Avenue. The City Manager stated that the Parkland Trust Fund presently has a balance of ap- proximately $70,000.00 that could be used for the acquisition and/or maintenance of parks. The City Manager further noted that the City has an interest in the right-of~way located adjacent to Lindley Park; however, this wi II be handled separately from the proposed linear park. Commissioner Weaver asked who would receive the interest from these monies in the I event that the right-of-way is not acquired and the monies are returned to the donors. City Manager Evans stated that the interest could be given to the donors or it could be held by the City and placed in the Parkland Trust Fund. 3 L~ 1 City Attorney Planalp stated that each donor must understand that the City is not ob- ligated to purchase the right-of-way; and, if they donate money and it is refunded, the interest will not be included. Mr. Erhardt Hehn, Recreation Board, stated that they had decided to concentrate on the smaller area, which is more realistic. He noted that in the future it may be possible to I connect the linear park and Lindley Park. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission establish a trust fund to accept donations for acquisition of the Milwaukee Railroad right-of-way from the intersection of Story Street and Church Avenue to the intersection of Kagy Boulevard and Third Avenue, with provisions to specifically include that any donation will be returned to the donor if the property is not acquired; that the City is not obligated to acquire the right-of-way land; and such donation will not accrue interest to the benefit of the donor, but will be placed in the Bozeman Parkland Trust Fund. 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. Annual Fire Department Report for 1981 City Manager Evans stated that the annual report for the Fire Department for 1981 appeared to be in order and recommended that it be accepted and ordered filed. I It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the annual report for the Fire Department for 1981 be accepted and ordered filed. _ 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. Application for Beer and Wine License - K-Mart Corporation - Calendar Year 1982 City Manager Evans presented to the Commission an application for a Beer and Wine License, along with the required fee, on behalf of K-Mart Corporation, K-Mart No. 7027, for the Calendar Year 1982. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the application for a Beer and Wine License on behalf of K-Mart Corporation, K-Mart No. 7027, for the Calendar Year 1982. 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 attend - Director of Finance Swan - Montana Institute for Municipal Clerks - MSU - March 22-26, 1982 (portions only) City Manager Evans presented to the Commission a request on behalf of Director of Finance Swan for permission to attend portions of the Montana Institute for Municipal Clerks at Montana State University, to be held March 22-26, 1982. 3' " ::.,~~ /", " 'It ...:. I t was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the request on behalf of Director of Finance Swan for permission to attend portions of the Montana I nstitute for Municipal Clerks at Montana State University, to be held on March 22-26, 1982. 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. I Recess - 5:35 p.m. Mayor Stiff declared a recess at 5:35 p.m., to reconvene at 7:00 p.m. for public interest items. Reconvene - 7:00 p.m. Mayor Stiff reconvened the Commission meeting at 7:00 p.m. for the purpose of discussing items of public interest. Recess - 7:05 p.m. Mayor Stiff then declared a recess to move the Commission meeting from the Commission Room located in the City Hall Bui Iding to the gymnasium of the Hawthorne School to accommodate the persons in attendance for the public hearings. Reconvene - 7: 1 0 p. m. I Mayor Stiff reconvened the Commission meeting at 7: 1 0 p. m. in the gymnasium of the Hawthorne School for the purpose of conducting advertised public hearings. Public hearing - designation of blight within the boundaries of the proposed Urban Renewal Plan This was the time and place set for the public hearing on the designation of blight within the boundaries of the proposed Urban Renewal Plan. Mayor Stiff opened the public hearing. This set of minutes presents only the highlights of the speeches. The tapes on file in the Office of the Clerk of the City Commission are the official record of the meeting. Mr. Tim Fitzgerald, President of the Downtown Development Association, presented their report. He stated that the program was conceived to aid in the betterment of Bozeman. He stated that the Downtown Development Association has been open with the content of the proposal and has disclosed the powers and actions needed to accomplish the goals and objectives of the plan. The final result will be an increased tax base which will benefit the City as a whole. Mr. Fitzgerald noted that the concerned citizens don't understand fully the intentions of the proposal. He further noted that a partnership of the government and I community is necessary for the good of the proposal. Mr. Fitzgerald stated that the Downtown Development Association would be willing to support portions or all of three changes to the original proposal: 343 1. Restructuring of the boundaries of the district; 2. Elimination of eminent domain for private development; 3. Restructuring of the tax increment funds for only public improvements and not private development or improvements. Mr. Fitzgerald noted that the Downtown Development Association feels that these three I changes would hurt the plan and the tax base. The Downtown Development Association wi II give its full support to the City Commission on this plan. Mr. Larry Gallagher, Consultant for the Plan, stated that his role was to evaluate the City Codes and Ordinances as they presently exist. He stated that the City Commission may adopt, amend or otherwise modify the plan as submitted by the Downtown Development Association. Mr. Gallagher noted that the proposed program must receive community support, both from the businessmen and from government. He noted that not everyone can be convinced that the Urban Renewal Plan is necessary. If local participation has been received and the local government has deemed that it is necessary, then the Plan will benefit the community. He stated that an Urban Renewal Plan will improve the tax base, create more jobs and lower the City taxes. He noted that lack of commitment or the inability of the local government to be able to act or react efficiently will cause problems for the Plan. He stated that controversy will also hurt the Plan. Mr. Gallagher then presented to the Commission a number of questions, as outlined in his guide for the preparation of a Plan, which they must answer prior to the adoption of a Plan. These questions include (1) is urban renewal necessary in Bozeman, or will lesser measures work? and (2) has the adoption of the National I Codes for buildings eliminated the substandard or deficient housing or buildings? Mr. Gallagher suggested that the City Commissioners drive the blocks included in the proposed district and look at the structures. He feels that they wi II see several substandard or deficient structures. Mr. Gallagher then noted that the Commissioners must consider the nonconforming uses and determine whether or not they contribute to blight. Mr. Gallagher stated that Mr. Clete Daily has documented that many streets are inade- quate to carry the traffic loads. He also noted the inadequate parking and circulation problems in the downtown area, which also contribute to blight. Mr. Gallagher further noted that the Courts do not dispute a City Commission's decision. The Courts are hesitant to consider a political or a legislative decision. Mr. Larry Gallagher once again stated that any plan adopted in the present climate in Bozeman will not succeed. He stated that all urban renewal plans adopted in Montana have succeeded. However, the adoption of a plan which does not succeed would potentially hurt all other urban renewal plans considered within the state. Mr. Leo Gallagher, Attorney, addressed the legality of the Plan presently before the Commission. He stated that the City Commission must seek the advice of City Attorney Bob I Planalp if questions arise about the Plan. He further noted that the City Commission has the power to enact or modify the present Plan or prepare the Plan if it so desires. Mr. Gallagher further noted that the Urban Renewal Law does not place the political body in a straight jacket. The State Law states that, if blight presently exists, more will follow. The State Law not only addresses the existing blight, but addresses the prevention of blight. 3" ! :':.....,. ,q ", i . Mr. Gallagher then covered Page 23 of the proposed Plan, concerning the substandard and deficient buildings located within the District. He then quoted Section 7-15-4202, M.C.A., which lists six possible results of the existence of blighted areas: (2) that the existence of such areas: (a) contributes substantially and increasingly to the spread of disease and crime and depreciation of property values; I (b) constitutes an economic and social liability; (c) substantially impairs or arrests the sound growth of muni- cipalities; (d) retards the provision of housing accommodations; (e) aggrevates traffic problems; and (f) substantially impairs or arrests the elimination of traffic hazards and the improvement of traffic faci Iities; Mr. Leo Gallagher then urged the City Commissioners to determine whether or not blight exists for themselves. He urged that they look at the buildings. He further asked them to consider the fact that nonconforming uses exist in more than one-half of the total area in the downtown. Mr. Gallagher noted that the lack of an adequate truck route through Bozeman creates a problem for traffic flow. He asked if automobile accidents are a threat to the public health or safety. And what about air pollution? Mr. Joe Sabol, Attorney for the Bozeman Property Owners Association, asked for a show of hands for those people whom he represented. More than 90 percent of the approximately 200 people raised their hands. Mr. Sabol noted that at the meeting held on I February 3, 1982, he had reviewed in detail the limitations presented in the State Code. He noted that these Codes provide a clear standard by which Plans must be judged. He stated that this presentation would be on blight only. Mr. Sabol noted that, on Pages 27-29, a total of 25 definitions are listed. At no point in these definitions is the term Urban Renewal Area listed. He stated that the definition, as presented in Section 7-15-4206, M.C.A., is as follows: U(l7) 'Urban renewal area' means a blighted area which the local governing body designates as appropriate for an urban renewal project or projects. U He noted that this example of an omission shows that the authors wrote what they wanted the Commission to know for the adoption of the Plan. He stated that a definition as important as Urban Renewal Area should not have been deleted from the Plan. Mr. Joe Sabol then covered the five studies and recommendations covered under the section of the proposed Plan entitled The Need for Urban Renewal in Bozeman. These studies include: 1. Bozeman Central Business District Study by C. T .A. Architects/ Engineers/Planners dated 1973. 2. Bozeman Transportation Study by Clete Daily, P.E., November 1981, I financed by the Montana Department of Highways. 3. Land Use and Nonconforming Use Analysis 4. Building Condition Analysis 5. Taxable Valuation 345 Mr. Sabol noted that the Bozeman Central Business District Study done by C.T.A. Architects/ Engineers/ Planners in 1973 covered an area six blocks long and two blocks wide. He further noted that the study was done as the preliminary step for the covering of Main Street and the creation of a large mall in the downtown area. Mr. Sabol then went through the seven recommendations for improving the downtown listed in this proposal. He noted that I all of these were written for the purpose of contructing a mall in the downtown area. Mr. Sabol finally noted that a study completed in 1973 should not be used in a proposal written in 1982 because it is outdated. Mr. Sabol then considered the Bozeman Transportation Study by Mr. Clete Daily, P.E. He noted that a draft of this study will be available to the City Commission during this week and that the final copy will not be completed for some time. He noted that this section states there are problems with traffic flow at the present time, and there may be some additional traffic problems by the year 2000. He asked if truck traffic on Main Street is covered in the Urban Renewal Plan. He further asked if there are parking problems in the central business district and, if so, would it be appropriate to create the district. Mr. Sabol then referred to the chart of Parking Deficiencies on Page 18 of the proposed Plan and noted that the short- term parking shortages are based upon the inability to park within one block of one's destination. He stated that one of the solutions noted within the proposal would be to provide areas for long-term parking and then enforce the parking regulations. Mr. Sabol stated that, if employees are creating the problems, let the employers provide parking in the I outlying areas for their employees. Mr. Sabol stated that he had contacted Mr. Daily regarding this study. Mr. Daily stated that the traffic problems are minor. He noted that spot improvements are all that is necessary for helping the traffic flow in the downtown area. One suggestion is to connect Mendenhall and Babcock Streets at Seventh and Eighth Avenues, which is a function of the Montana Highway Department. Mr. Daily further noted that the 5:00 p.m. peak traffic flow lasts for a period of twenty minutes. During this time, it takes approximately 14 minutes to get across the study area. During the off peak time, it takes approximately 9 minutes to get across the study area. Mr. Dai Iy "questions whether it is worth spending any money to save five minutes." Mr. Sabol then addressed the third study listed, concerning nonconforming uses. He noted that the Zoning Code used during the research was not up to date. He noted that on January 20, 1982, an ordinance was adopted adding apartments as a permitted use in the B-3 Zone. He noted that apartments have been a permitted use in the B-3 Zone, however the Code, and therefore the Plan, did not reflect the change. Mr. Sabol noted that the figures used in determining the square footage of nonconforming uses in the central business district I are incorrect because they reflect that apartments are nonconforming. He noted that other nonconforming uses were created when the Master Plan was adopted in 1973, and these uses are lawful in every respect. Mr. Sabol then addressed the building condition analysis. He noted that the proposed Plan is written in such a manner than one has the impression that professionals performed the 1 >~, ~:. j . ' study. In reality, interns did the study. Mr. Sabol further noted that the Building Inspector did a visual inspection only, not a structural inspection. Mr. Sabol used a figure of 500 bui Idings within the proposed district to determine the percentages of substandard and deficient structures. On this basis, 6.5 percent of the buildings were substandard; and 35 percent were deficient, or in need of a paint job. He asked if it is appropriate to create the district. I Mr. Sabol then covered the fifth study, on taxable valuation. He noted that the heart of the urban renewal process and plan is the tax increment financing. Mr. Sabol noted that there is nothing wrong with this concept if improvements are needed. He noted that, on this important matter, the Downtown Development Association states in the proposed Plan, "Time did not permit the detailed evaluation of the taxable value information....." He asked where the blight lies in the taxable valuation. He further noted that the number listed at the top of the page for the various properties is listed at market value, not at the assessed value as one might expect. Mr. Sabol noted that if the wrong figure is used in the tables listed, it could make a big difference in the amount of taxes assessed within the proposed District. Mr. Sabol stated that, beginning in 1982, the State of Montana Department of Revenue will be providing a 12 percent reduction in valuation on commercial buildings. This reduction is scheduled to run through 1985; however, the past Legislature allowed an additional two years for completion of the restructuring in valuation of commercial buildings. This reduction in valuation wi II cut the amount of taxes realized, possibly through 1988. Mr. Sabol converted these figures to a tax loss based on this reduction, which would be approximately I $172,995.00 over the next five years for the City of Bozeman alone. Mr. Sabol further noted that the City will lose approximately $130,000.00 in taxes beginning in 1983 due to the removal of the inventory tax; and the change in the vehicle licensing tax structure will cause a loss also. He noted that the tax base must somehow increase, or the City will be faced with even greater problems. He then asked if it is appropriate to create an Urban Renewal District and stagnate that tax base; and if the City can afford it. He further stated that eleven properties have been removed from the tax rolls because structures have been removed for the creation of the downtown parking areas. This also provides a tax loss. Mr. Sabol noted the letter received from the County Commissioners, expressing their disapproval of the Urban Renewal Plan. He noted that freezing of the tax base would affect the County, School District No. 7 and the University as well as the City. Mr. Sabol once again covered the fifteen criteria for the determination of a blighted area, as outlined in Section 7-15-4206, M.C.A. He also noted that the total public good of the total community must be considered carefully prior to creating an Urban Renewal District and stagnating the tax base. Mr. Sabol once again noted the number of people present opposing the Plan. He I stated that, based on the number of people opposing the Plan versus the number of people supporting the Plan, he would request that the Commission deny the adoption of the Urban Renewal Plan. Mr. Ed Hoadley, 5 East Mendenhall, noted that the Downtown Development Association has expressed a wi lIingness to eliminate the power of eminent domain from the Plan. He then 347 asked what would happen to his business if that area is deemed necessary for a parking lot. He stated that he has a number of customers because of his present location and would lose them if the business was required to move. Mr. Hoadley further noted that the opposition is not limited to older men who oppose change; but many of those opposing the Plan are young businessmen, several in their early 30's. I Mr. Hoadley noted that the parking lot located across from his business is very rarely fi lied. He addressed the possibility of eliminating the marginal businesses located in the downtown area. He noted that most of them are running from day-to-day. Mr. Tony Stamm, 122 North Church, noted that several businesses have improved themselves over the past five years. He noted aggravation that the proposed Plan has been allowed to continue for as long as it has without being denied. He stated that the Plan would put the benefits of the program into the pockets of a few at the expense of many. He noted that the City has closed a fire station, is unable to hire more police officers, is paying off a municipal pool and can barely hold a credit rating for the bond issues. He stated that the City needs every available tax dollar for its financial obligations. Commissioner Weaver noted that the conditions for the determination of the existence of blight include, in Section 7-154202, M.C.A., the following: II (2) (b) constitutes an economic and social liability; II Commissioner Weaver then noted that this item was not listed in the Urban Renewal Plan as one of the conditions. Mr. Leo Gallagher noted that, if the Commission makes the determination that the area I is an economic or social liability, that would be a definition. He did not know why this was omitted from the proposed Plan. Mr. Joe Sabol does not agree that an economic or social liability is a definition of blight. Commissioner Weaver asked if, with the losses in the tax base, the tax increment would be most justified to increase or protect the incentive for success in the downtown area. Mr. Joe Sabol noted that Urban Renewal is nothing more than a mechanism to act as an incentive to the individual to improve the property. He noted there is no guarantee that an individual will improve his property. He further stated that the community as a whole does not benefit because the money stays within the district during the term of the Plan, which can be extended. Mr. Ed Hoadley stated that the Commissioners were elected by the people of Bozeman. He further noted that the Downtown Development Association states that it represents the majority of the downtown businessmen. However, approximately 175 people are present to op- pose the Plan. He stated that the Commission represents the majority, not the minority; and the majority of the people would like to see a vote on the determination of blight. I Mayor Stiff stated that the decision wi II be forthcoming next week. He noted that the Commission has a customary one-week interval to consider the matter prior to a decision. Mr. Walt Martel, 215 West Mendenhall and 220 West Lamme, stated that the three pro- posed alterations to the Plan change it substantially. He feels that these changes are self- defeating because publ ic improvements wou Id be removed from the tax base. He noted that if 1! ", . ~.~ r:. all three changes are made, then the Plan is changed, and there is no need to consider it any further. Mr. Martel stated that administration of the Plan wi II increase overhead, and he does not see how it will help the City. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Continued public hearing - Conditional Use Permit - Donald Turner - Warehouse in M-1- T-4 I District This was the time and place set for'the continued public hearing on the request on . .,. . behalf of Donald Turner for a Conditional Use Permit. The site is located on Lot 4 of the I ndustrial Properties and is commonly referred to as 1609 Gold Avenue. The parcel is currently vacant and zoned M-1-T-4. Mayor Stiff opened the continued public hearing. Planning Director John Moss presented the Staff Report, recommending conditional ap- proval of the requested Conditional Use Permit. Mr. Moss stated that the applicant wishes to construct a building which will house three small businesses. He noted that the Zoning Com- mission concurred in the recommendation for conditional approval. No one was present to speak in support of or in opposition to the request. Mayor Stiff closed the continued public hearing. A decision will be forthcoming in one week. Continued public hearing - Conditional - Lowell S rin er for Don Nell - corner of Koch and i IIson next to Artemus I This was the time and place set for the continued public hearing on the request on behalf of Lowell Springer for Don Nell for a Conditional Use Permit. The project site is located on Lots 11, 12, 13, 14, of Block 6, of Alderson's Addition to the City of Bozeman. It is more commonly located on the northeast corner of Koch and Wi IIson. It is located in the R-4 Zone, Residential-Medium Density. Mayor Stiff opened the public hearing and continued it to March 15, 1982. Continued public hearin - Zone Map Chan Lots 24, northeast corner 0 This was the time and place set for the continued public hearing on the proposed Zone Map Change from R-3 to B-3 on Lot 3 and portions of Lots 2 and 4 of Guy's First Addition to the City of Bozeman. The parcel is more commonly known as the northeast corner of Olive Street and Bozeman Avenue. Mayor Stiff opened the public hearing and continued it to March 15, 1982. Public hearing - Conditional Use Permit - Piney Brown's, Inc. - 627 East Peach I This was the time and place set for the public hearing on the request on behalf of Piney Brown's, Inc., for a Conditional Use Permit. The parcel of land is comprised of Lots 17,18,19,20, and 21, Block 106, Northern Pacific Addition to the City of Bozeman, and is more commonly known as 627 East Peach Street. 349 City Manager Evans noted that a letter had been received from the Attorney for the Petitioner stating that the Petitioner was withdrawing the application for a Conditional Use Permit. Mayor Stiff acknowledged receipt of the letter withdrawing the application for a Con- ditional Use Permit on behalf of Piney Brown's, Inc. I Public hearing - Conditional Use Permit - James R. Schara - Lot 22E of the Amended Plat of Lot 22 of Gordon Mandevi lie State School SectIOn SubdivIsIon This was the time and place set for the public hearing on behalf of James R. Schara for a Conditional Use Permit for Lot 22E of the amended plat of Lot 22, Gordon Mandevi lie State School Subdivision. This parcel of land is located on Lea Avenue. Mayor Stiff opened the public hearing. Planning Director John Moss presented the Staff Report, recommending conditional ap- proval of the request. Mr. Moss stated that the applicant desires to construct a new storage and wholesale bui Iding on this site. The Zoning Commission concurred in the recommendation for conditional approval of the Conditional Use Permit. No one was present to speak in support of or in opposition to the Conditional Use Permit. Mayor Stiff closed the public hearing. A decision will be forthcoming next week. Public hearing - Conditional Use Permit - Donald K. Weaver - PUD on Parcel 2B, C. O. S. I 406B and Pa reel 3 This was the time and place set for a public hearing on behalf of Donald K. Weaver for a Conditional Use Permit for a Planned Unit Development on 2.635 acres of Parcel 2 B, C.O.S. 406B in the SW-k of Section 18, Township 2 South, Range 6 East, MPM and 12.372 acres of Parcel 3 in the NW-k of Section 19, Township 2 South, Range 6 East, MPM. Mayor Stiff opened the public hearing and continued it to April 5, 1982. Adjournment - 10:25 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Weaver, seconded by Commissioner Vant' Hull, -that the meeting be adjou rned. 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. ALFRED M. ST IFF, Mayor ATTEST: I ROBIN L. SULLIVAN Clerk of the Commission