Loading...
HomeMy WebLinkAbout1982-03-15 3~ ; MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA March 15, 1982 ******************** The Commission of the City of Bozeman met in regular se'ssion in the Commission Room, I Municipal Building, March 15, 1982 at 4:00 p.m. Present were Mayor Stiff t 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 Mayor Stiff. The minutes of the regular meeting of March 8, 1982 were not completed at this time and will be submitted next week. Mayor Stiff asked if any of the Commissioners desired to remove any of the items listed under Consent Items for discussion. Commissioner Vant Hull requested that Claims be removed; and the City Manager requested that the Request - permission to attend - Don Strang - AWWA Convention - Helena, Montana - March 24-26, 1982 be removed from the Consent Items for discussion. Bond Sale - SID No. 638 - sanitary sewer - East of Jordan's The City Manager advised the Commission that, according to the affidavit of publica- tion, this was the time and place set for the bond sale for Special Improvement District No. 638, sanitary sewer for four lots located just east of Jordan's on East Main Street, in the I amount of $12,500.00. The Mayor and the City Manager outlined the procedure for conducting this bond sale and stated the amount of bonds to be sold for this district would be decreased from the ad- vertised amount of $12,500.00 to the amount of $8,500.00, because of the actual bids received. The Clerk of the Commission stated that no sealed bids had been received. City Attorney Planalp noted that, at this time, no written bids have been received; and the oral bidder was notified of the change in the amount of the bond sale. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the bidding begin. 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. It was announced that oral bids for the purchase of the bonds for SID No. 638 in the amount of $8,500.00 would be received. The following bidder, having presented his good faith check as prescribed by the "Notice of Sale," then submitted his oral bid as follows: Mr. Walt Mi lIer, Bozeman - 14.0% I City Manager Evans recommended that this bid be referred to Staff for review and a recommendation to be presented to the Commission next week. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission refer the bid to Staff for review and a recommendation to be presented at the 351 Commission meeting to be held on March 22, 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. Award Bid - SID No. 638 - sanitary sewer - East of Jordan's I This was the time and place set for award of the construction bid for Special Improvement District No. 638, sanitary sewer to four lots located east of Jordan's on East Main Street. City Manager Evans stated that Thomas, Dean & Hoskins, Inc., consulting engineers, reviewed the bids for SID No. 638 and found the bid of White and McNeil Excavating, Inc., Bozeman, Montana, to be correct; and recommended they be awarded the bid in the amount of $5,890.25, contingent upon funding being obtained, it meeting or exceeding the Notice in the "Call for Bids." I t was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission award the construction bid for Special Improvement District No. 638, sanitary sewer to four lots located east of Jordan's on East Main Street, to White and McNeil Excavating, Inc., Bozeman, Montana, in the amount of $5,890.25. 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 Staff report - City's acting Public Housinq Authority in requisitioning from HUD the subsidy for Greenwood Plaza, the SectIOn 8 Housing Project Assistant City Manager Barrick stated that he and the City Manager met with representatives from HUD, Todd and Associates, and H RDC to go through the necessary paperwork that must be done. The Assistant City Manager noted that the City will simply be a pass-through agent between HUD and Todd and Associates. Under this subsidy program, HUD will pay to the City the subsidy on a quarterly basis; and the City will pay Todd and Associates on a monthly basis, based upon claims submitted by Todd and Associates. Assistant City Manager Barrick noted that he and City Manager Evans had previously met with Mr. Jeff Rupp, the representative from H RDC. He has indicated a willingness to help the City in completing the initial paperwork to begin the subsidy process, but has made no commitment to a contract to continue doing the paperwork. The Assistant City Manager noted that, without the paperwork being completed, HUD will not pay any of the subsidy owed to Todd and Associates. Mayor Stiff asked if the City will get compensated for the extra work involved. Assistant City Manager Barrick noted that HUD allows a 3 percent administrative charge, based on the monthly rents. He feels that this should be adequate, whether the City I handles the matter itself or contracts the paperwork. City Manager Evans noted that the annual subsidy from HUD will be approximately $240,000.00. The 3 percent fee for administrative charges should be approximately $7,200.00 per year. If the paperwork is contracted out, the contractor would receive a portion or all of this amount, depending upon the work involved. The City Manager noted that, if the 3~'" , ..".... I" :,.^ \....v.. ,u.., paperwork is contracted, the City will simply become a pass-through bank, and the amount of work involved would be minimal. Assistant City Manager Barrick noted that the City adopted the Resolution establishing the City as the Public Housing Authority for the purpose of requisitioning the subsidy from HUD for the Greenwood Plaza because the bonding company wanted a public entity involved in the project, rather than dealing directly with a private person. I Authorize Call for Bids - Phase II, WWTP - Open bids April 5, 1982 City Engineer Arthur Van't Hul noted that the bid for Phase II of the Wastewater Treatment Plant will be split into two sections. One section will be for a couple of buildings, and the major section wi II be for earth work. The City Engineer noted that this earth work portion will accomplish the ammonia removal phase of the tertiary phase of the wastewater treatment program and will provide sludge holding basins. He noted that the land for this portion of the project has been just recently purchased. City Engineer Van1t Hul also stated that the purchase of the sludge injection equipment is a portion of the Phase II segment. The bids for this equipment were previously opened and awarded because it was not known how long it would take to build the equipment and get it to the site. This equipment is presently on site. City Engineer Van't Hul stated that this project is on schedule with the proposed schedule accepted by the State Water Quality Bureau. The new Wastewater Treatment Plant is scheduled to be in operation by December 15, 1982. I Mr. Doug Daniels, Thomas, Dean and Hoskins, stated that the interface between Phase I and Phase II of the construction is simply a connection through pipes. He also noted that the plans and specifications for Phase II are completed and have been inspected and approved by the State Department of Health and Environmental Sciences. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize the Call for Bids for Phase II of the Wastewater Treatment Plant. 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 Call for Bids - Sale of surplus radio equipment - Police Department - Open bids April 5, 1982 City Manager Evans stated that the Police Division has purchased new high band radio equipment. The Division would now like to accept sealed bids on the surplus radio equipment, with a bid opening date of Apri I 5, 1982. A minimum has been set on a portion of the equip- ment. The City Manager noted that the advertisement for sealed bids is scheduled to run in the papers in Missoula, Great Falls, Billings and Bozeman. If the City is unsuccessful in ob- I taining bids, the equipment wi II be placed in the proposed auction of surplus City property. He noted, however, that interest has been expressed in this surplus radio equipment. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize the Call for Bids for the sale of surplus radio equipment for the 353 Police Division. 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 to conduct auction - surplus City property - May 8, 1982 - Gallatin County Fairgrounds I City Manager Evans presented to the Commission a request for authorization to conduct a public auction at the Gallatin County Fairgrounds on May 8, 1982. To be auctioned is surplus City property, in conjuction with ~chool District No.7, Gallatin County and possibly Park County. He noted that the City could dispose of surplus property for which the City no longer has a need. The City Manager noted that some items from the Old Library are included in the list of surplus property to be auctioned. The monies from these items would be placed in the General Fund and then transferred to the Library Fund. The monies from the majority of the surplus property would be placed in the General Fund; and the City Manager recommended that these funds be used for the purchase of a fuel efficient vehicle for administrative use for all City departments. Mayor Stiff noted concern about the guns listed on the surplus property list and asked about possible City liability. City Manager Evans stated that these guns have been confiscated and have not been. claimed. He noted that bicycles are also listed. These have not been claimed; and have usually been sold at an annual auction held in May. I The City Manager noted that the City administration would interview auctioneers, so that a firm may be selected and they can begin the advertising processes. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize the administration to interview auctioneers and proceed with the preparations for a public auction to dispose of surplus City property on May 8, 1982 at the Gallatin County Fairgrounds. 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. Claims Claims for the past two weeks were presented. The City Manager had checked the claims and found them to be true and correct, ,with some exceptions. Commissioner Vant Hull asked if the City should pay to have badges sewn on police uniforms. City Manager Evans noted that the City pays for the police uniforms, and the badges are a part of that uniform. However, a City employee may not take advantage of his/her em- I ployment for personal gain. Therefore, the claim will be denied. Commissioner Anderson questioned the purchase of light bulbs from the Bozeman Lions Club. The City Manager stated that he would review that claim. Commissioner Vant Hull questioned the claim to the Wall Street Journal. She noted that a conversation with Di rector of Finance Swan revealed that this subscription had been cancelled. 3 r~' 'I ". ., ........1 It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the claims be approved, excluding the claim submitted by Joy Petersen in the amount of $12.00; the claim submitted by the Wall Street Journal in the amount of $89.00; and that the City Manager be directed to review the claim submitted by the Bozeman Lions Club in the amount of $48.00 prior to payment. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Weaver, Com- I missioner Anderson and Mayor Stiff; those voting No, none. Request - permission to attend - Don Strang - AWWA Convention - Helena, Montana - March 2 4- 2 6, 1 982 City Manager Evans presented to the Commission a request on behalf of Water Superin- tendent Don Strang for permission to attend the AWWA Convention to be held in Helena, Montana on March 24-26, 1982. The City Manager noted that, in this request, Mr. Don Strang lists the cost of the motel room as $40.00 per night. He stated that a review of three other hotels in Helena indicated rates of $22.00 to $28.00 per night for a single room. City Manager Evans recommended that the request be approved, with a ceiling of $28.00 per night placed on the motel accommodations. He noted that if Mr. Strang wishes to stay in the motel room listed, he may pay the difference. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the request on behalf of Water Superintendent Don Strang for permission to attend the AWWA Convention to be held in Helena, Montana on March 24-26, 1982, with motel accommodation costs not to exceed $28.00 per night. The motion carried by the I 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. Acknowledge receipt - donation to Milwaukee Rai Iroad Right-of-Way Trust Fund - $100.00 - $5.00 City Manager Evans presented to the Commission two donations for the Milwaukee Rai Iroad Right-of-Way Trust Fund. The first is from Cashman Nursery in the amount of $100.00; and the second is from Gary and Coni Hehn in the amount of $5.00. The City Manager recommended that the Commission acknowledge receipt of these two donations and extend gratitude for the donations. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission acknowledge receipt of the donations to Milwaukee Railroad Right-of-Way Trust Fund in the amounts of $100.00 and $5.00 and extend gratitude for the receipt of these dona- tions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. I Request for waiver of open container ordinance - Montana Power Company - May 15, 1982 - Gallatin County Fairgrounds City Manager Evans presented to the Commission a request for waiver of the open con- tainer ordinance on behalf of Montana Power Company on May 15, 1982 at the Gallatin County 355 Fairgrounds. The City Manager noted that the requested waiver of the open container ordinance would allow for the serving of beer at an ongoing lunch for the participants in the Annual Bowling Tournament. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the request on behalf of Montana Power Company for waiver of the open I container ordinance. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Vant Hull and Mayor Stiff; those voting No being Commissioner Weaver. Application for Raffle License - Gallatin Easter Seal Center - March 20, 1982 City Manager Evans presented to the Commission an application for a Raffle License, along with the required fee, on behalf of the Gallatin Easter Seal Center for a raffle to be held on March 20, 1982. To be raffled are donated foods from the Winter Fair Bake-Off win- ners, with a maximum value of $200.00. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the application for a Raffle License on behalf of the Gallatin Easter Seal Center for a raffle to be held on March 20, 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 Application for Raffle License - Sigma Nu Fraternity - March 16 - Apri I 12, 1982 City Manager Evans presented to the Commission an application for a Raffle License, along with the required fee, on behalf of Sigma Nu Fraternity for a raffle to be held on March 16, 1982. To be raffled is a liquor basket valued at $100.00. Commissioner Anderson noted that she would abstain from voting because her two sons are members of the Sigma Nu Fraternity. It was moved by Commissioner Vant Hull, seconded by Commissioner Mathre, that the Commission approve the application for a Raffle License on behalf of Sigma Nu Fraternity for a raffle to be held on March 16, 1982. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Mathre, Commissioner Weaver, and Mayor Stiff; those voting No, none. Commissioner Anderson abstained. Authorize Mayor to sign - Request for Reimbursement from EPA - WWTP, Step 3 - $55,728.00 City Manager Evans presented to the Commission a Request for Reimbursement from EPA for the Wastewater Treatment Plant, Step 3, in the amount of $55,728.00. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the I Commission authorize the Mayor to sign the Request for Reimbursement from EPA for the Wastewater Treatment Plant, Step 3, in the amount of $55,728.00. 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. 3'- .'"' .') (" . '.,Ii '...' Authorize Mayor to sign - Request for Reimbursement from EPA - WWTP, Step 3 - $319,343.00 City Manager Evans presented to the Commission a Request for Reimbursement from EPA for the Wastewater Treatment Plant, Step 3, in the amount of $319,343.00. I t was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize the Mayor to sign the Request for Reimbursement from EPA for the Wastewater Treatment Plant, Step 3, in the amount of $319,343.00. The motion carried by the I 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 Mayor to sign - Request for Reimbursement from EPA - WWTP, Step 3 - $129,093.00 City Manager Evans presented to the Commission a Request for Reimbursement from EPA for the Wastewater Treatment Plant, Step 3, in the amount of $129,093.00. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission authorize the Mayor to sign the Request for Reimbursement from EPA for the Wastewater Treatment Plant, Step 3, in the amount of $129,093.00. 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. Acknowledge report - Building I nspection Department for February 1982 I City Manager Evans stated that the monthly report for the Building Inspection Depart- ment for February 1982 appeared to be in order and recommended that it be accepted. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission acknowledge the monthly report of the Building Inspection Department for February 1982 and that it be brought back to the Commission next week for filing. 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. Acknowledge report - B road Valleys Federation of Libraries for February 1982 City Manager Evans stated that the monthly report for the Broad Valleys Federation of Libraries for February 1982 appeared to be in order and recommended that it be accepted. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission acknowledge the monthly report of the Broad Valleys Federation of Libraries for February 1982 and that it be brought back to the Commission next week for filing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner I Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. 35-( Proclamation - "Employ the Older Worker Week" - March 14-20, 1982 Mayor Stiff proclaimed the week of March 14-20, 1982, as "Employ the Older Worker Week" in the City of Bozeman and urged all employers in Bozeman to consider carefully the skills and other qualifications of men and women age 40 and over when they hire new workers. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that I the Commission concur in the Mayor's proclamation. 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. Proclamation - "Private Property Week" - Apri I 18-24, 1982 Mayor Stiff proclaimed the week of Apri I 18-24, 1982 as "Private Property Week" in the City of Bozeman and asked all residents of Bozeman to join the Bozeman Board of Realtors nationwide in celebration of the rights of real property ownership. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission concur in the Mayor's proclamation. 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. Authorize Mayor to sign - Agreement with EPA for Phase II, WWTP - $1,786,080.00 City Manager Evans presented to the Commission an Assistance Agreement/Amendment I from EPA for Phase II of the Wastewater Treatment Plant in the amount of $1,786,080.00. The City Manager recommended that the Commission authorize the Mayor to sign this Amendment with EPA. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission authorize the Mayor to sign the Assistance Agreement! Amendment with EPA for Phase II of the Wastewater Treatment Plant, in the amount of $1,786,080.00. The motion car- ried 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 - 5:05 p.m. Mayor Stiff declared a recess at 5:05 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 I discussing items of pub I ic interest. Continued public hearing - Conditional Use Permit - Lowell Springer for Don Nell - corner of Koch and Willson (next to Artemus Apartments) 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 '35;1 , ,I located on Lots 11,12,13 and 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 Willson. It is located in an R-4 Zone, Residential-Medium Density. Mayor Stiff opened the continued public hearing. Mr. Mike Money, Assistant Planner, presented the Staff Report. He noted that the requested Conditional Use Permit would provide twelve units in an apartment complex. Mr. I Money noted that, through regular density regulations, seven units could be constructed; through a Planned Unit Development, nine units could be constructed; and using a Planned Unit Development with a 35 percent bonus after meeting certain criteria, twelve units could be constructed on th is parcel of land. Mr. Money stated that the Planning Staff recommended denial of the requested Conditional Use Permit; and the Zoning Commission concurred in this recommendation. Assistant Planner Mike Money cited several reasons for the recommended denial, including (1) listed desirable variations and increased density sought for landscaping, siting, design features and recreational facilities; (2) noncompliance with setback require- ments; (3) noncompliance with location and access of required off-street parking spaces; (4) substandard water and sanitary sewer systems to the site; and (5) traffic congestion. Mr. Money also noted that the Planning Department has received two letters, one sup- porting the project as long as it improves the neighborhood and one from the South Wi IIson Improvement Association stating that they would like something done on the corner, but want that improvement to stay within the guidelines of the present ordinance. He noted that these letters were presented at the Zoning Commission hearing. I Mr. Robert Lashaway, Architect with Springer Group Architects, feels that the proposed project has significant conditional support from the community and the area immediately surrounding the site. He noted that everyone would like to see something done with the present site. Mr. Lashaway stated that he feels that the proposed project is in keeping with the intent of the Master Plan. He noted that some of the criteria as outlined by the Planning Staff have not been met. He stated that it is possible the project should have been delayed until these criteria had been met. Mr. Lashaway noted that the Artemus Apartments, just north of the site for the proposed apartment units, contains thirty apartments, of which four are rented to non- retirees. He noted that Mr. Nell proposes a use which is compatible with the Artemus Apartments and plans to install an elevator for ease of access for the elderly. Mr. Lashaway agreed that the proposed plan does have problem areas, but does not feel that any of the problems are unworkable. He feels that most of the concerns can be addressed. Mr. Lashaway did note that a utility problem does exist. However, that problem has existed previously and wi II continue to exist whether or not the apartment complex is approved. He stated that he would like to not have the project completely rejected if there is I a way to work with the Planning Staff on the problem areas which now exist. He stated that, if this requested Conditional Use Permit is denied, Mr. Nell may apply for another Planned Unit Development to address the problems. 359 Mr. Lashaway noted that he was avoiding directly addressing the problem areas listed because he does not want to circumvent the Planning Director. He feels that the applicant should work with the Planning Staff in an attempt to remedy these problem areas. Mr. Paul Davidson, 713 South Willson, presented to the Commission a letter from Mr. Malcolm Story, 521 South Willson, opposing the requested Conditional Use Permit. He does I not feel that the City Commission should violate the Zoning Code to satisfy the whim of a single individual, especially when it is opposed by the rest of the street's residents. Mr. Davidson then noted that the question is this: wi II the City of Bozeman and the residents of South Willson Avenue be continually confronted with other requested zoning variances to a problem that the residents thought was solved several years ago? Mr. Sidney Whitt, 1004 South Willson, asked how the developer can be held to the promises made by the architect. He noted that no legal requirements are involved. Commissioner Weaver asked, if the project were reduced from twelve units to nine units, would the problems disappear? Mr. Whitt stated that they would. He noted that the major concerns are density and traffic problems. Mr. Jim Devitt, 613 South Willson, spoke on behalf of the South Willson Improvement Association. He noted that, at the last meeting of the Association, the following seemed to be the position of the Association: they would be satisfied with the City's permitting a Planned Unit Development which would allow nine units. He stated that the Association opposes the I present application, which requests a variance to the density requi rements. Mr. Devitt noted that the character of the neighborhood, which includes a national historical district, is of prime importance. He requested that the City standards be observed in the consideration of this requested Conditional Use Permit. Commissioner Vant Hull noted that, at the Zoning Commission meeting, Mr. Nell stated that at the cost of construction and the present interest rates, it would not be economically feasible to construct nine units rather than the requested twelve units. Mr. Paul Davidson noted that the developer's financial difficulties should not be con- sidered when making a decision on the requested Conditional Use Permit. He reminded the City Commission that they should also consider protecting the financial holdings and the homes in a very fine neighborhood, which the residents presently enjoy. Mayor Stiff closed the public hearing. A decision wi II be forthcoming in one week. Continued public hearing - Zone Map Change - R-3 to B-3 - Lowell Springer - Lots 2-4, Guy's First Addition (northeast corner of Olive and Bozeman) This was the time and place set for a 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 I the City of Bozeman." The parcel is more commonly known as the northeast corner of Olive Street and Bozeman Avenue. Mayor Stiff opened the continued public hearing. Mr. Mike Money, Assistant Planner, presented the Planning Staff Report. He noted that this report recommended denial of the requested Zone Map Change; and the Zoning 381) Commission concurred in the recommendation. Mr. Money noted that during the public hearing, a petition was submitted to the Planning Staff with signatures of people in the general area opposing the proposed Zone Map Change. He noted that the area is residential in character. Assistant Planner Mike Money noted that the proposed Zone Map Change was reviewed in accordance with what would be allowed in the B-3 Zone. He noted that, through an R-3 designation, medical offices can be allowed. The question was then raised of whether or not I an architectural office could then fall within the same classification as medical offices. City Attorney Planalp noted that architectural offices would not be allowed in the R-3 Zone. Mr. Money noted that the Staff Report states that several nonconforming uses exist within the immediate area. He stated that these nonconforming uses have been created through the expansion of the B-3, Central Business District. He noted that several single- family residences still remain within the area, which are nonconforming uses within the B-3 Zone. Mr. Robert Lashaway, Architect with Springer Group Architects, stated that they have had some public meetings with the residents in the neighborhood and found that they had some significant bad feelings to overcome from the previous owner. They have found significant opposition to the rezoning; however, some people think something should be done with the property, and the specific proposal would be a welcome change. Mr. Lashaway presented some sketches of the proposed office structure, which would be a remodeling of the existing structure. He noted that this had originally been constructed as a single-family I residence and has since been changed to three apartments. Mr. Lashaway noted that the 1972 Master Plan states that the downtown core area should be expanded, which it has been during the past few years. It is presently contiguous with the parcel being considered for the Zone Map Change. He further noted that the parcel is close to the downtown area and would be advantageous to have for office and commercial uses. He stated that economics will not allow for construction of townhouses or other residential structures on this parcel. Mr. Lashaway stated that he feels the proposed office would help to create a buffer zone between the commercial and residential uses. He noted that this proposed use addresses a void, and the on Iy zone to be considered was a B-3 without creating spot zoning. Mr. Fred Nelson, 213 Lindley Place, representing the neighborhood organization, stated that he had given a lengthy presentation at the Zoning Commission, which he would summarize for the City Commission. He noted that the proposed Zone Map Change is located in a high density residential area. The vast majority of the residents in the area oppose the change. Mr. Nelson stated that thirty-one owners, including Mr. Springer, are located within 150 feet of the proposed Zone Map Change. Of these, seventeen have signed a petition, I which Mr. Nelson presented to the Commission, opposing the Zone Map Change. Mr. Nelson noted that the north side of Olive Street is an effective buffer zone between the business district and the residential district. He also stated that the proposed business development would aggravate the parking and accident problems on Olive Street. 361 Mr. Nelson believes that the Zone Map Change would create spot zoning. He presented a map to the Commission, showing the present B-3 and R-3 zones and the parcel in question. He noted that the lot just north of the parcel in question is zoned R-3, as is the area east of the parcel. The property on the west side of Bozeman Avenue is zoned B-3. Mr. Nelson noted that he does favor improving the existing property, but only if the I use conforms to the existing R-3 zoning codes. Mr. Nelson noted that the neighborhood zoning was upgraded by the Commission, at the residents' request; and they have con- sistently opposed commercial uses within that area. Mr. Nelson noted that Mr. Springer has now applied for a Conditional Use Permit to construct medical offices on this parcel. He noted that medical offices are allowed if the con- ditions are met and the City Commission approves the request. He stated there is little sup- port in the neighborhood for any proposal that will allow for a business development. Commissioner Weaver asked if streets make better buffers than trees, fences, etc. Mr. Mike Money stated that, whenever a street is used as a boundary line between two zones, it causes an intermix of zones to the full extent. City Attorney Planalp stated that several criteria are used to determine spot zoning. He noted that neighborhood opposition; if the zone change is for the benefit of one person only; and whether the zone change tends to create an island in the midst of other uses are some of the questions to be considered. Mr. Dick Tenney, 308 South Bozeman, asked if Springer Group Architects has looked I at downtown office buildings. He noted that the neighbors will not allow a business to be located in their area. He stated that the residents are not willing to sacrifice the residential quality of the neighborhood so a businessman can make a few dollars using the property for office use. Mr. Tenney noted that the question is simply related to the Zone Map Change, and not to the intended use of the parcel. Mr. James Anderson, 212 Lindley Place, stated that, if the zone is changed, any permitted use in the B-3 zone could be placed on the parcel in question. Mrs. Pat Abelin, 219 East Olive, stated that the neighbors in the immediate vicinity of the parcel of land in question oppose the proposed Zone Map Change. She noted that they live in the transitional zone and enjoy looking across the street at their neighbors' houses. Mrs. Abelin also stated appreciation to those people who live further away who have lent their support in opposing this requested Zone Map Change. Mr. William Davis, 307 South Bozeman, represented the neighborhood group and Mrs. Violet Riggs, 116 South Bozeman. He noted that Mrs. Riggs owns the house immediately ad- jacent to the property in question; and she is definitely opposed to the rezoning, which would make her property the only R-3 Zone between two B-3 Zones. I Mr. Dick Tenney stated that everybody realizes what an eyesore the present structure is. But no one has presented a change which would improve the site. He noted that the neighbors are willing to listen to anybody who has a good suggestion. However, the neighborhood is a strong one and will oppose any undesirable proposal. 1~<' 1:- 'i.' " ~', fl..., Mrs. Mary McGuire, 116 South Rouse, stated that she supports the people who oppose the Zone Map Change. She suggested that the old house presently on the site be removed and a duplex constructed. Mr. Fred Nelson noted that the group has not obtained any results after attending five meetings. He noted that those opposed must be on the alert and attend all possible meetings. He likes the neighborhood the way it is. He noted that people are still concerned about their I neighborhood, even if they do not attend all of the meetings. Mrs. Eileen Tenney, 308 South Bozeman, noted that many vacant buildings are available in the B-3 Zone. She asked why the commercial area is moving into the residential area when there are buildings available. Mrs. Tenney stated that she likes living in the area because it is close to downtown. Mr. AI Krueger, 223 East Olive, noted that he has lived at this address for 49 years. He is tired of constantly fighting proposals to change the zone for this corner to business. Mr. Robert Lashaway stated that he does not see any buffer zone between the B-3 and R-3 zones in this area. He noted that trees and fences do exist, but these do not meet the definition of a buffer zone. He stated that a number of the items mentioned are basic problems which are inherent in growth situations. Mr. Lashaway noted that this is a democratic society, and an individual has a right to apply for items listed in the Zone Code, which they have done. Mr. Lashaway also noted that he had spoken with City Attorney Planalp concerning the "T" designation on zones. He noted that the "T" designation would allow the City Commission to add conditions for buffering in the area if they feel it is I necessary. Mr. Lashaway noted that the applicant would be willing to have a "T" designation placed on the requested Zone Map Change for this parcel. Mr. Lashaway noted that the business community has not chosen to speak against the proposed project specifically. Mr. Tenney noted that, if one removes absentee landowners from the list of thirty-one owners who received the notice of the proposed Zone Map Change, 68 percent of the owners oppose the zone change. Mr. Myron Huntsman, 303 East Olive, stated that he is not in favor of business creeping into residential zones. He suggested the use of a Conditional Use Permit, which would control the use if Springer Group Architects were to sell the property. He further noted that the construction of a duplex on that parcel would not be feasible. Mr. Huntsman also stated that he can see why Mr. Springer would like to move his office from its present Main Street location. This corner lot would provide him with an office which would be much more visible to the public. Mr. Huntsman also noted that traffic on Olive Street has greatly increased since the one-way couplet was installed. He noted that speed and people's attitudes have caused several accidents on Olive since the traffic has increased also. I Mayor Stiff closed the public hearing. A decision wi II be forthcoming at next week's Commission meeting. 363 Adjournment - 9:05 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 adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre I and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I I