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HomeMy WebLinkAbout1982-05-17 Lc l' , J MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 17, 1982 ********************* I The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 17,1982 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 Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a prayer by Commissioner Weaver. The minutes of the, regular meeting of May 10, 1982 were approved as corrected. Mayor Stiff asked if any of the Commissioners desired to remove any of the items listed under Consent Items for discussion. Commissioner Weaver asked that his request for permission to attend the Commission/Mayor's Conference to be held in Denver, Colorado, on May 20-22, 1982 be removed for discussion. Decision - Conditional Use Permit - AK Investments - Mini-mall on Lot 3-A-1, Kirk's Subdivision No. 4 (east of JB's Big Boy) This was the time and place set for a decision on the request on behalf of AK Invest- ments for a Conditional Use Permit to construct a mini-mall on Lot 3'-A-l, Kirk's Subdivision I No.4. It is more commonly known as the parcel of land located just east of JB's Big Boy and just north of the University Square Mall. City Manager Evans recommended that the Commission approve the Conditional Use Per- mit, subject to the conditions as recommended by the Zoning Commission. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the request on behalf of AK I nvestments for a Conditional Use Permit to construct a mini-mall on Lot 3-A-l, Kirk's Subdivision No.4 (east of JB's Big Boy) subject to the following conditions: 1. That the developer submit plans and specifications for the covering of the stream/canal to the City Engineer and Soil Conservationist for their review and approval. The documents should then be included with the submittal of the final site plan. 2. That the applicant receive permission from the owners of stream1s water rights to cover the canal. 3. That the loading or service drive be made to be one-way, exiting onto Babcock due to the planned 12 foot width of the drive. A sign indicating this should be placed near its exit onto Babcock. 4. That curbing be placed along the east side yard setback line to protect the proposed landscaping. I 5. That security lights be provided for the loading area that will be in compliance with Section 18.84.040, Item 4d. 6. That the final site plan clearly indicate the planned location of the fence and that it extend from the north to the south property line along the southern boundary. 7. That the access, paving and storm drainage be reviewed and approved by the City Engineer. , .'... ..; ; f, 8. That the curbing. be clearly indicated on the site plan. 9. That the landscaping be uniformly lower than the parking area so the storm runoff will drain freely. 10. That the final site plan contain the following information: A. Grades - existing and proposed. B. All utility easements. I C. Percent of site to be landscaped. 11. That the parking. loading and drive areas be paved and that this be so indicated on the final site plans. 12. That all paving and landscaping improvements must be installed and approved prior to occupancy of the building/structure. Where these improvements will not be completed prior to occupancy, the developer must enter into an improvements agreement and provide an acceptable method of security, such as a performance bond or Letter of Credit equal to one and one-half times the cost of said improvements. 13. That three (3) copies of the final site plan containing all the conditions, corrections, and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six (6) months of the date of the City Commission approval and prior to issuance of a building permit for the project. One (1) signed copy shall be retained by the Planning Director, one (1) signed copy shall be retained by the Building Department and one (1) signed copy shall be retained by the applicant. 14. All on-site improvements (Le., paving, landscaping, etc.) shall be completed within eighteen (18) months of approval of the Conditional Use Permit and as shown on the approved final site plan. 15. The Conditional Use Permit shall be valid for a period of only eighteen (18) months following approval of the use. Prior to the permanent renewal of the permit, at the end of ' that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a report made to the'City Commission for I their action. If all required conditions have been satisfied, the permit will be permanently renewed. 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. Invitation for College Nationals Final Rodeo Parade Participation - Norman Klopp Mr. Norman Klopp, member of the Gallatin Saddle Club, extended to the City Commission an invitation to participate in the College Nationals Final Rodeo parade on June 16, 1982. Mr. Klopp noted that the theme of this year's parade is "Humor in the West." Mr. Klopp noted that City participation in the parade would be appreciated. Request - permission to place mobile home at 1211 East Main Street for one-year period - Leonardis Kitchen City Manager Evans presented to the Commission a request on behalf of Leonard's Kitchen for permission to place a mobi Ie home at 1211 East Main Street for a one-year period. Assistant City Manager Barrick stated that the mobile home was placed on the site I without knowledge or permission of the Building Inspection Department. The Assistant City Manager noted that the mobile home remains on the site, after being notified by the Building Official and the City Attorney that it must be moved and recommended that the Commission deny the request. L "7 ') i I U Mr. Jim Brinkman, principal owner of the restaurant, stated that Leonard's Kitchen was opened last October. He noted that when the mobile home was moved onto the site, the applicants complied with all County laws, which was what they believed they had to do. He further noted that, when notified that the mobi Ie home was in violation, they were also informed that they could explain the circumstances to the City Commission prior to removing I the mobile home from the premises. Mr. Brinkman stated that the business has outgrown the facilities and proposes to add to the west side of the building a storage facility. Further, the building is in need of substantial repair on the northeast corner, where the fill dirt has settled and the building has shifted. Mr. Brinkman noted that the restaurant currently needs storage space. He stated that they would move the mobi Ie home if necessary. However, they request a one-year variance to leave the mobile home for use as a storage facility and small office. Mr. Brinkman further stated that they propose to screen the mobile home so that it is not visible from the street. Commissioner Mathre noted that one of the permitted uses in the B-2 Zone is temporary buildings for and during construction only. City Attorney Planalp noted that this portion of the Zone Code is usually applied to 2" by 4" temporary buildings. The applicant has opted to place a mobi Ie home on the site as the temporary structure. Mr. Doug Alexander, Powers and Alexander Distributing Company, owners of the property, stated that one of the reasons the applicants wish to use the mobile home is that I they propose to drive I-beams through the fill area. This will require moving the mobile home at least one or two times. Mr. Alexander noted that this is a rather large project. The first bid was in excess of $50,000.00. They propose to begin the construction this fall, so that it will not interfere with the summer tourism. He further noted that the mobile home has no sanitary sewer or water service. Mr. Alexander stated that the proposed fence would be approximately six to eight feet in height and in panels which can be easily moved. It was moved by Commissioner Vant Hull, seconded by Commissioner Mathre, that the Commission approve the request on behalf of Leonard's Kitchen for permission to place a mobi Ie home at 1211 East Main Street for a one-year period. 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 being Commissioner Anderson. Re~uest - permission to conduct "Run for Peace" - fund raiser for U.S. Senate candidate Mi e Bond - Old Elk's Country Club grounds - June 5, 1982, 9:00 a.m. to 12:00 noon City Manager Evans presented to the Commission a request on behalf of U. S. Senate candidate Mike Bond for permission to conduct "Run for Peace" for a fund raiser to be held at the Old Elk's Country Club grounds on June 5, 1982 from 9:00 a.m. to 12:00 noon. The I City Manager recommended denial of this request. He noted that use of City facilities for private gain has not been allowed in the past. Commissioner Vant Hull stated that the parks are for the people. She noted that, unless the Commission sees harm to the public, the activities should be allowed. She further noted that we live in a democracy and should not discourage such activities in public facilities. ""j , i ' .. ,. ':' '. . . Commissioner Weaver noted agreement with ,Commissioner Vant Hull. He also noted that every political partisan activity carries the fund raising - dimension, particularly in' an election yea r. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission deny the request on behalf of U. S. Senate candiate Mike Bond for permission to conduct a "Run for Peace" fund raiser at the 0 Id EI k's Country Club on June 5, 1982. The I motion failed by the following Aye and No vote: those voting Aye being Commissioner Anderson and Commissioner Mathre; those voting No being Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff. It was then moved by Commissioner Vant Hull, seconded by Commissioner Weaver, that the Commission approve the request on behalf of U. S. Senate candidate Mike Bond for permis- sion to conduct a II Run for Peace" fund raiser at the Old Elk's Country Club on June 5, 1982 between the hours of 9:00 a.m. and 12:00 noon. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Weaver and Mayor Stiff; those voting No being Commissioner Anderson and Commissioner Mathre. Discussion - City residency requirement City Manager Evans requested that this item be removed from this week's agenda. Discussion - Small Cities CDBGProgram - John Moss Planning Director John Moss presented to the Commission a preliminary report on the I CDBG application. He noted that the application must be submitted to the State by August. The Planning Director noted that the preliminary report outlines approximately $5,000,000.00 in projects. It will be the City Commission's responsibility to examine these proposals and set priorities. He stated that the appl ication must be less than $400,000.00 and noted that those applications requesting smaller amounts will probably have a better chance due to the fact that the State will desire to distribute the money to as many cities as possible. Mr. Moss noted that one of the State requirements is that citizen input be a part of the appl ication process. He recommended that the Commission establish a citizen committee to submit proposals and establish priorities for the projects. Mr. Moss further noted that the emphasis seems to be placed on minority groups and areas of financial need. He stated that .. the highest priority for funding would be for conservation of energy for minority groups and poor people. Commissioner Mathre suggested that, with the emphasis being placed on citizen partici- pation, the Commission select a committee as soon as possible from a variety of sectors in the city. This will allow as much time as possible for submitting proposals and setting priorities. Commissioner Anderson expressed interest in serving as the Commission member on this I citizen committee. Mayor Stiff suggested that this matter be placed on next week's agenda for discussion of the chronology of the appl ication process. L"7 r; . '-' Discussion - condemnation of Burlington-Northern Rai Iroad right-of-way between North Seventh Avenue and the Waste Water Treatment Plant City Attorney Planalp presented Commission Resolution No. 2399, entitled: COMMISSION RESOLUTION NO. 2399 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN TO CONDEMN A TRACT OF LAND LOCATED IN SECTIONS 25, 31 AND 36 OF I TOWNSH I P 1 SOUTH, RANGE 6 EAST, M. P.M., GALLA TI N COUNTY, MONTANA, FOR THE PURPOSE OF CONSTRUCTION, OPERATION AND MAINTENANCE OF A SEWER LINE. City Attorney Planalp noted that he is almost ready to file action condemning the tract of land that the Burlington-Northern Railroad is occupying for the sewer transmission line. The City Attorney stated that this resolution sets forth the necessity to condemn this Burlington-Northern Railroad right-of-way for the sewer transmission line. He noted that a sewer line already exists there. However, due to coal slurry pipelines, the Railroad policy is that no easement for a utility line will be granted without condemnation proceedings. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission adopt Commission Resolution No. 2399, condemning a portion of the Burlington- Northern Railroad right-of-way for the sewer transmission line. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson arid Mayor Stiff; those voting No, none. Continued discussion - formation of Division Request for City Commission Budget I Mayor Stiff noted that three line items in the Operations section of the City Commission Budget were not yet completed due to questions at last week's meeting. The Commission com- pleted these three line items, except the National League of Cities dues. The Mayor re- quested that the City Staff check last year's dues and complete this line item. City Manager Evans noted that the concept is not to balance each line item during the year, but rather to balance the three separate control categories--Salaries, Wages and Benefits; Operations; and Capital. He stated that it is difficult to look thirteen or fourteen months into the future and guess what the expenditures will be. The City Manager also stated that contingencies arise throughout the year. Notification of invitation to an informal retirement buffet dinner for retiring Fire Chief Bud Simpson City Manager Evans stated that an informal party for retiring Fire Chief Bud Simpson will be held on Thursday, May 27, 1982 at the American Legion (upstairs). The cocktail hour will begin at 6:00 p.m., with a baron of beef dinner at 7:00 p.m. The cost will be $10.00 per plate. The Commissioners are invited to attend this dinner. I Notice of joint meeting of City Commission and Zoning Commission - Thursday, May 20, 1982, 12:00 noon - Baxter Hotel City Manager Evans stated concern about conducting a joint meeting of the City Commission and the Zoning Commission without a public notice because this is a public , 7 ('. 'i C meeting. The City Manager suggested that a date be selected for this meeting which would allow sufficient time for publ ication of a publ ic notice. This matter will be placed on next week's agenda for selection of a date for this joint meeting of the City Commission and the Zoning Commission. Request - permission to attend - Commissioner Ken Weaver - Commission/Mayor's Conference - I Denver, Colorado - May 20-22, 1982 ( funding for travel only) City Manager Evans presented to the Commission a request on behalf of Commissioner Ken Weaver for funding for travel only to the Commission/Mayor's Conference to be held in Denver, Colorado, on May 20-22, 1982. Commissioner Weaver stated that this conference is privately funded and is sponsored by the University of Colorado and the University of Denver, through the Center for Improve- ment of Public Management. He stated that he has been requested to attend this conference as a representative from Montana, to. provide a broader regional basis for the meeting. He noted that the Center is apparently trying to build a network for legislative proposals in a reg iona I a rea. Commissioner Weaver stated that the areas which interest him are the communication between Commissioners and the communication between Commissioners and Staff. Commissioner Vant Hull stated she felt that the time would be better spent in work- shops for the Commissioners here rather than spend time and money on something which may have an elusive value. Mayor Stiff noted that one'does not need to come back with very many things to gain value. He also stated that itis difficult to look at an agenda and determine the depth of it. I Commissioner Weaver noted that the main thrust of the Conference is on strengthening Coinm iss ion s . He also noted that dealing with others in the region is an intangible. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission deny Commissioner Weaverls request for funding for travel only to the Commission/ Mayor's Conference to be held in Denver, Colorado, on May 20-22, 1982. The ,. motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson and Commissioner Mathre; those voting No being Mayor Stiff. Commissioner Weaver abstained. Request - permission to attend - Dispatcher Lori Butcher - Montana Safety Communications Association school - Helena, Montana - May 20-21, 1982 City Manager Evans presented to the Commission a request on behalf of Dispatcher Lori Butcher for permission to attend the Montana Safety Communications Association school to be held in Helena, Montana, on May 20-21, 1982. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the request on behalf of Dispatcher Lori Butcher for permission to attend I the Montana Safety Communications Association school to be held in Helena, Montana, on May 20-21, 1982 and, it being in the public interest, her expenses be paid out of the appropriate funds. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. 1"77 1.... Request - permission to conduct a five-mile run - Greek Week Planning Committee - May 19, 1982 City Manager Evans presented to the Commission a request on behalf of the Greek Week Planning Committee for permission to conduct a five-mile run to be held on May 19, 1982. The City Manager noted that the Chief of Police does not foresee any real problems I and recommended approval of the request. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the request on behalf of the Greek Week Planning Committee for permission to conduct a five-mile run to be held on May 19, 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. Request - permission to block off Greek Way for Greek Way picnic and street dance -May 21, 1982, 5:00 p.m. to 12:00 midnight City Manager Evans presented to the Commission a request on behalf of the Greek Week Planning Committee for permission to block off Greek Way for a Greek Way picnic and street dance to be held on May 21, 1982 from 5:00 p.m. to 12:00 midnight. The City Manager noted that the Chief of Police does not foresee problems and recommended approval of the request. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the I Commission approve the request on behalf of the Greek Week Planning Committee for permission to block off Greek Way for a Greek Way picnic and street dance to be held on May 21,1982 from 5:00 p.m. to 12:00 midnight. 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. Application for Beer and Wine License - MSU Spurs and Fangs - May 20, 1982 City Manager Evans presented to the Commission an application for a Beer and Wine License, along with the required fee, on behalf of the MSU Spurs and Fangs for May 20, 1982. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the application for a Beer and Wine License on behalf of the MSU Spurs and Fangs for May 20, 1982, pending receipt of the State License. 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 Application for Beer and Wine License - Gallatin County Democratic Central Committee - .May 23, 1982 City Manager Evans presented to the Commission an application for a Beer and Wine License, along with the required fee, on behalf of the Gallatin County Democratic Central Committee for May 23, 1982. The City Manager noted that a copy of the State License is , "7 ~i "+ I ',' attached to the application and recommended that the Commission approve the request. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the application for a Beer and Wine License on behalf of the Gallatin County Democratic Central Committee for May 23, 1982. 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 Application for Raffle License - Five Rivers Chapter, American Red Cross - August 10, 1982 City Manager Evans presented to the Commission an application for a Raffle License, along with the required fee, on behalf of the Five Rivers Chapter, American Red Cross, for a raffle to be held on August 10, 1982. To be raffled is a Mad River canoe valued at $700.00. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission approve the application for a Raffle License, on behalf of the Five Rivers Chapter, American Red Cross, to be held on August 10, 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. Application for Raffle License - Bozeman Little League - August 1, 1982 City Manager Evans presented to the Commission an application for a Raffle License, along with the required fee, on behalf of the Bozeman Little League, for a raffle to be held I on August 1, 1982. To be raffled are a microwave or a television valued at $440.00; one-half beef valued at $350.00; and a bike valued at $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 Bozeman Little League for a raffle to be held on August 1, 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. Authorize Mayor to sign - Grant Amendment - Phase II, WWTP - $210,420.00 City Manager Evans presented to the Commission a Grant Amendment for Phase II, of the Waste Water Treatment Plant in the amount of $210,420.00. This Grant Amendment results from the bids received for Schedule I of Phase II of the Waste Water Treatment Plant, which exceeded the Engineer's Estimate. The Grant Amendment will increase the amount of the grant, as needed to cover these excess costs. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission authorize the Mayor to sign the Grant Amendment for Phase II of the Waste Water I Treatment Plant in the amount of $210,420.00. 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. L70 . 'v File Report - Building I nspection Department for April 1982 City Manager Evans stated that the monthly report for the Building Inspection Depart- ment for Apri I 1982 appeared to be in order and recommended that it be accepted and ordered filed. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the I month Iy report for the Building I nspection Department for Apri I 1982 be accepted and ordered filed. 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. Acknowledge report - Broad Valleys Federation of Libraries for April 1982 City Manager Evans stated that the monthly report for the Broad Valleys Federation of Libraries for Apri I 1982 appeared to be in order and recommended that it be accepted. The City Manager also noted that the breakdown of city and county residents useage reflects that 58% of the borrowers were from the city; and 42% of the borrowers were from the county. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission acknowledge the monthly report of the Broad Valleys Federation of Libraries for April 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 Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; I those voting No, none. Executive Session - 5:30 p.m. City Manager Evans requested that an Executive Session be called for the purpose of discussing labor negotiations and that all be excused except the City Manager, Assistant City Manager, City Attorney and the Clerk. Mayor Stiff declared an Executive Session and requested all others to please leave the Commission Room. Following the Executive Session, Mayor Stiff reconvened the Commission meeting. Recess - 6:00 p.m. Mayor Stiff declared a recess at 6:00 p.m., to reconvene at 7:00 p.m. in the Community Room of the Gallatin County Courthouse for public interest items. Reconvene - 7:00 p.m. Mayor Stiff reconvened the Commission meeting at 7:00 p.m. in the Community Room of I the Gallatin County Courthouse for the purpose of discussing items of public interest. Continued public hearing - Conditional Use Permit - Michael Rodrique - Warehouse in M-1- T-4 District (withdrawn by applicant) This was the time and place set for the continued public hearing on the request for a Conditional Use Permit on behalf of Mr. Michael Rodrique, having been continued from l+.~ II .).,. January 20, 1982. The proposed site is legally known as Lots 1 and 2 of the Bomont Center Subdivision, and is more commonly known as 421 Bond Street. The site is located in the northern planning sector of the city and is currently zoned M-l- T -4. The proposed use (a freight terminal) is a permitted use; however, the IITII designation requires the property owners to seek Conditional Use approval. City Manager Evans stated that the appl icant has withdrawn the appl ication. I Mayor Stiff opened the continued public hearing and acknowledged that this application for a Conditional Use Permit has been withdrawn by the applicant. Mayor Stiff closed the public hearing. Public hearing - Housing Authority This was the time and place set for a public hearing on a Housing Authority. This set of minutes presents only the highlights of the speeches. The tapes of the meeting are the official record. Mayor Stiff opened the public hearing. City Attorney Planalp reviewed the purpose of the hearing and the actions which the Commission must take. The City Attorney cited the Montana Codes Annotated as follows: 7-15-4406. Decision of city council. (1) After such a hearing, the council shall determine: (a) whether unsanitary or unsafe inhabited dwelling accommodations exist in the city and said surrounding area; andlor (b) whether there is a lack of safe or sanitary dwelling accommodations in the city and said surrounding areas available for all the inhabitants there- of..... I 7-16-4407. Criteria for determinQ if unsafe or unsanitary dwelling accommodations exist. In determining wnetner dwelling accommodatIons are unsafe or unsanitary, the council shall take into consideration the following: (1) the physical condition and age of the buildings; (2) the degree of overcrowding; (3) the percentage of land coverage; (4) the light and air available to the inhabitants of such dwelling accommodations; (5) the size and arrangement of the rooms; (6) the sanitary facilities; and (7) the extent to which conditions exist in such bui Idings which endanger life or property by fire or other causes. The City Attorney noted that the Commission is in receipt of a petition signed by the appropriate number of residents within the area, requiring that this public hearing be held, as set forth in Section 7-15-4403, M.C.A. City Attorney Planalp then asked that the spokes- person(s) for the proposal please state hislher name(s) for the record. Ms. Linda McNiel, Legion Housing resident, stated that she is the spokesperson for this petition. Mayor Stiff stated that the City Commission would address this petition and then the proposal from the Bozeman Fair Housing Cooperative. He stated that information submitted during this public hearing would be considered pertinent to the second discussion and I requested that people attempt to avoid repetition. Ms. Linda McNiel, spokesperson for the petition, stated that the issue to be considered is housing in Bozeman. She noted that the proposal submitted by the Bozeman Fair Housing Cooperative provides two possible solutions: (1) establishment of a Municipal Housing Authority; and (2) cooperative-owned and operated housing located on property owned by and L; 31 leased from the City of Bozeman. She stated that the problem is not the 47 units of housing located by the Fairgrounds, but the total housing situation in Bozeman. Ms. McNiel noted that too many Bozeman residents live in unsafe and unsanitary dwellings, and the City must address the problem. Mr. Kent Mollohan, State Department of Commerce in Helena, presented an overview of I municipal housing authorities in Montana. He stated that there are currently ten local housing authorities in the state. Some of these represent the oldest and longest running housing authorities in the United States, with some beginning in 1939 and 1941. Mr. Mollohan then reviewed the major forms of aid which may be used, including Section 8 funding. Mr. Mollohan stated that public housing is a public program in purpose and character. It requires a public agency for development and use. He noted that the agency usually applies for, and receives, federal government subsidies. The housing provided through this type of program is matched to the community's needs. Mr. Mollohan reviewed the State Codes as they apply to municipal housing authorities. He noted that, if the petition for a municipal housing authority is disapproved, the request cannot be resubmitted for ninety days. If it is approved, it goes to a ballot for a vote of the entire community. If approved by the voters, the Mayor appoints five commissioners who organize under State charter. Mr. Mollohan stated that a public housing program generally contains 25 units or more, which may be dispersed throughout the community. Monies from grant programs can be used I for existing housing, rehabilitation of substandard housing, or new construction. Public housing is usually inhabited by families, elderly or handicapped. If the housing has a high vacancy rate, then single people are considered. Also, singles living in a _ project which is placed in the public housing program will be given the opportunity to remain in the housing. Mr. Mollohan also noted that an income ceiling of 80 to 90 percent of the Section 8 guidelines is established for public housing. Commissioner Weaver stated that he interprets Section 7-15-4407, M.C.A., to state that unsafe and unsanitary housing exists within a community and is simply enabling legislation for the City Commission. Mr. Mollohan stated that the existence of unsafe and unsanitary housing must be proven. He recommended that the Commission use a variety of sources to determine the existence of unsafe and unsanitary housing. Commissioner Vant Hull noted that, if the creation of a municipal housing authority is placed on the ballot, only the city residents vote. If the creation of a municipal housing authority is passed, it will affect residents within ten miles of the city. Commissioner Mathre asked if eminent domain or condemnation have been used and, if I so, where. She also asked if a financial obligation would be placed on the taxpayers. Mr. Mollohan stated that the powers of eminent domain and condemnation have not been used in Montana, and he does not expect them to be used. He stated that there is little or no financial burden to the taxpayer. Commissioner Weaver asked if there is a federal or state guideline for the adequacy of housing in a community. , ""'~' '. "", ...~ L Mr. Mollohan stated that adequacy standards must be determined by the community. He feels that a community should consider the creation of a housing authority if more than five unsafe or unsanitary units exist. Commissioner Anderson asked where the initial funding for a housing authority is ob- tained. Mr. Mollohan stated that the municipality bears the costs of the first year. He noted I that sometimes this is an outlay of monies and sometimes it is in the form of office space, copies and publication costs. Mr. Dave Penwell, Attorney representing some of the residents in the neighborhood of Legion Housing, stated that he was prepared to make a presentation concerning the issue of Leg ion Housing. He stated that he would make this presentation following the proponentsl presentation to the Commission. Mr. Penwell noted that the proponents have not given any evidence to show the need exists for a municipal housing authority. He noted that a brief presentation has been made and a petition filed. He noted that the municipal housing authority is being used as a vehicle for the preservation of the Legion Housing. He stated that this is a serious matter. and should take time and the presentation of an abundance of information, which has not been presented. He suggested that the Commission not consider the formation of a municipal housing authority until more information is presented. Mr. Walt Martel spoke on behalf of the Board of Di rectors of the Bozeman Property Owners Association. He asked that those members of the Bozeman Property Owners Association present to please stand. About 50 people stood. He noted that these people were I present to defend themselves against a proposal advanced by a small special interest group for a municipal housing authority. The Board of Di rectors of the Bozeman Property Owners Association commended the Commission for its decision in January to terminate the land lease with the American Legion and requested that the Commission (1) repel an attempt to reverse the unanimous decision made in January and (2) reject the proposal for the creation of a municipal housing authority. Mr. Martel noted that the land lease is between the City of Bozeman and the American Legion, and the tenants have no voice in that lease. He stated that placing their rents into an escrow account is actually a form of rent strike against the American Legion. He a I so noted that the land lease was on a one-year basis from 1946 to 1976, when it went to a monthly lease. Mr. Martel then noted that, if Legion Housing is demolished, the need for a municipal housing authority will no longer exist because the substandard, unsafe, and unsanitary housing will be eliminated. He further noted that 16 of the 47 units have had utilities disconnected and are vacant. Seven of these units have been vacated within the last month. Most of the tenants live in Legion Housing by choice and not by necessity. The housing is I almost unrepairable. without spending a lot of money. Also, the tenants would have to be moved during reconstruction of the units. Mr. Martel noted that the City is in a financial bind at the present time and should not be asked to pay special election costs and the first year costs for a municipal housing authority. L [3 ') I V Mr. Martel noted that in Sunday's Bozeman Daily Chronicle, a front-page article quoted Ms. McNiel as follows: "The Housing Authority proposal is separate from the Bozeman Fair Housing Coalition take-over of Legion Housing. The residents do not want a Housing Authority involved in Legion Housing." He stated that the proposal submitted to the Commission in April from the Bozeman Fair Housing Cooperative noted that without the funding that a Munici- I pal Housing Authority would provide, the Bozeman Fair Housing Coalition is dead. Mr. Martel once again encouraged the Commission to re-affirm the decision made in January to terminate the land lease with the American Legion. Ms. McNiel stated that the original proposal did include the municipal housing authority. Since that time, the proposal has been revised, and that portion has been removed because the tenants wish to own the housing themselves through a cooperative, rather than live in government housing. Mr. Roger Smith, 2305 Durston Road, asked if the municipal housing authority is a failure or disaster, what could be done to dissolve the authority. City Attorney Planalp noted that State Law provides for the dissolving of the authority if it has not entered into any contracts during the first two years of its existence. Mr. Smith stated opposition to the establ ishment of a municipal housing authority. Mr. Ted Koterwas, 624 North Tracy, spokesman for residents in the area around Legion Housing, stated that they are against a municipal housing authority. The State law places too much power in the hands of five people, and the balances do not exist. I Dr. Ed Allen asked what provision is made for people living outside the city, but within the ten-mile radius to have a voice in the creation of the municipal housing authority. City Attorney Planalp stated that only city residents vote on the creation of the muni- cipal housing authority. Those living outside the city limits have no voice in the issue. Dr. Allen noted that he is a resident of the city, and he opposes the creation of a municipal housing authority as being unjust. Mr. Dave Parker stated that he has compared the names on the petition for the creation of a municipal housing authority with the tenants list for Legion Housing. Of the 25 signatures on the petition, 19 are tenants in Legion Housing. Mr. Parker also stated opposition to the municipal housing authority proposal. Mr. Dennis Jordan feels that the proposal should be considered in the light of the greatest good. He noted that pressing needs exist for which the City does not have the money. He asked if the City can tax the people for a housing authority and forget about the water problems or Kagy Boulevard. He also noted that this is Bozeman, not Detroit or Chicago. He noted that the residents have been faced with an urban renewal plan, and now a municipal housing authority proposal. Mr. Jordan feels that it is time to stop and set I priorities. Ms. Linda Griffing stated that she is self-supporting and living in substandard housing. She noted that the landlord is unwilling to repair problems in the house. She does not approve of a larger government, but feels somebody must force people to close their sub- standard housing or make it better. , .'1 i ,tu ..; Mr. Bob Braun, 4270 South Third, stated that he is tired of having so much govern- ment. He stated opposition to the proposed municipal housing authority. Mrs. Katherine Bare stated that they purchased an old duplex close to Legion Housing. She stated that it has taken a tremendous amount of money to bring this dwelling up to standard. She noted that repairing Legion Housing would take a lot more work and be more expensive. She opposes the creation of a housing authority. I Ms. Alise Eaton stated that she had lived in Legion Housing for 2i years, and it was a step up in housing. She noted that when she moved in, she was told that it was month-to- month housing. She stated that most of the people living in Legion Housing have been waiting for Greenwood Plaza to be completed. When it was completed, the singles were told that they would not qualify for the new housing. Ms. Eaton stated that, while she lived in Legion Housing, she was able to take vacations and buy a new car. Mr. Gary Ferguson stated that he has been asked by businesses located in the Four Corners area to protest the municipal housing authority because they have no vote in its creation. Ms. Stephanie Hall, student at Montana State University, stated that it is sad that people are concerned by the cosmetic appearance of the houses. She noted that these people are willing to put students and elderly people on the street. She stated that people write checks for various charities, but they should look around the immediate area. Mayor Stiff closed the public hearing. A decision will be forthcoming next week. Discussion - proposal from the Bozeman Fair Housing Cooperative I This was the time and place set to conduct a discussion on the proposal submitted by the Bozeman Fair Housing Cooperative. Mayor Stiff opened the discussion. The Mayor noted that any and all discussion from the previous public hearing would be considered as a part of this discussion and requested that people avoid repetition. The following people spoke in support of, and in opposition to, the proposal from the Bozeman Fair Housing Cooperative: In Support Of In Opposition To Mrs. Patti Furniss Mr. David Penwell Mr. Dan Dodds Mr. Ted Koterwas Mrs. Evelyn Stotts Mr. Dave Parker Ms. Jennifer Duncan Mr. Louis McCarl Mr. Bill Christianson Mrs. Margot Parker Ms. Lee Bridges Mrs. Marilyn Koterwas Mr. Bob Rowe Mr. Wayne Gorski Ms. Joanne Anibaldi Mr. Chanson Ching Mr. Keith Noyes Mr. Dennis Jordan Mr. Bruce Curl Mr. Morris Jones Mr. Loren Wineberg Mr. Robert Lashaway Mr. Bob Nickel Mr. Marvin Christie I Mrs. Joanne Troxel Mr. John Nehring Mr. Howard McGuinness Ms. Marilyn Kegley This set of minutes presents only the highlights of the speeches. The tapes of the meeting are the official record. Mrs. Patti Furniss, former Legion Housing tenant, stated that not all members of the Bozeman Fair Housing Cooperative are Legion Housing tenants, but are Bozeman tenants con- '.8 r L:- . . '. , v cerned about housing in Bozeman. She feels that the proposal is the best solution of many possible solutions to the housing problems. She noted that the Cooperative is wi lIing to accept any program proposal to help rehabilitate Legion Housing. She stated that the tenants of Legion Housing are a mixture of working people on tight incomes, retired people on fixed incomes and students. She stated that the incomes of 95 percent of the tenants are low. I Mrs. Furniss stated that by saving Legion Housing, the Commission can help people make it on thei r own. Mr. Dan Dodds, Assistant Professor of Economics at Montana State University, stated that there are 357 apartments in Bozeman which rent for less than $100.00 per month. Legion Housing represents about 13 percent of this housing. Legion Housing also represents approxi- mately 2t percent of housing in Bozeman under $150.00 per month. Mr. Dodds stated that, if you decrease supply and the demand remains the same, prices will go up, according to one law of economics. Another law of economics states that if the need rises, the supply will increase. New apartments cannot be constructed which will rent for under $150.00 per month. Low-rent housing is usually found in older buildings. He noted the possibility that some existing buildings in Bozeman could be converted into low-rent apartments. Mr. Dodds noted that people may be able to find other housing if the Legion Housing is closed, but he ques- tioned if that housing would be legal and safe housing. Mrs. Evelyn Stotts, Legion Housing tenant for 22 years, stated that she likes the Housing. She stated that it is close to the hospital and doctors. She noted opportunities to I move to Darlinton Manor and Legion Villa. However, she has a lot of furniture and does not wish to get rid of any of it or to store it. Mrs. Stotts stated that she has one smoke alarm, in answer to a question from Commissioner Weaver. Ms. Jennifer Duncan stated that she moved to Legion Housing two months ago. She said she had lived in an apartment on North Third which was no better than Legion Housing and rented for $300.00 per month. She noted that the majority of Legion Housing tenants are single, and she does not feel that is a reason to be discriminated against. Ms. Duncan stated that if the Cooperative is given a chance to rehabilitate the Housing, ~he monthly rent paid to the City will be increased by four times. She stated that they have received bids from contractors showing a cost of about $400,000.00 to rehabilitate the Housing, which is less than half the cost of constructing new apartments. She noted that most of the tenants are self-supporting. If they are forced into higher rent, probably most of the tenants will be on some kind of welfare. A lot of people have moved because of the eviction notices, with the majority of them being elderly. Mr. Bill Christianson stated that he is one of the students living in Legion Housing. He is going to school on the GI Bill and working during the summer. He searched for three I months after coming to Bozeman to find an apartment. He likes to live by himself rather than living with several others to keep the rent costs down. Ms. Lee Bridges stated that she is a new tenant in Legion Housing. She read a letter from the Resurrection Parish, supporting the Bozeman Fair Housing Cooperative proposal. When she first came to Bozeman, she rented a socially acceptable house for $225.00 per , /", ,t \.> ' month, and it was destroyed by fire because the insulation was cardboard. She stated that it is a fallacy that the tenants are there by choice and not necessity. She shares a $90.00- per-month apartment so that she can purchase replacement items. She would appreciate the opportunity to make efforts to rehabilitate the units. Commissioner Weaver asked how she feels living in Legion Housing. Ms. Bridges stated that she Is very paranoid that it will be destroyed by fire. She I noted that the wiring is not up to code. She feels that it can be rehabilitated and is happy living there. Mr. Bob Rowe, Montana Legal Services from Missoula, spoke on behalf of a number of the tenants of Legion Housing. He presented to the Commission a written statement. Mr. Rowe stated that the tenants of Legion Housing are no longer transients. They are people who did not have equity in property twelve years ago and cannot afford to purchase a house now. He stated that the City must provide relocation funds. Also, the City must maintain safe housing, as set forth in the Fifth and Fourteenth Amendments. As tenants, the resi- dents of Legion Housing have a leasehold interest in the place where they live. The City initiated the process that may lead to moving tenants and demolition of the housing. Mr. Rowe stated that Bozeman has no nonsubsidized housing from September to June. Leg ion Housing represents much of this housing. Mr. Rowe stated that cooperatives are considered a good way to provide decent es- tablished housing at a minimum investment from the public. The proposal presented has no subsidy. He urged the Commission to accept this proposal. I Commissioner Weaver noted that one of the arguments is that housing ought to be maintained or relocation costs must be paid by the City. Mr. Rowe stated that he is not arguing that there ought to be public assistance. He noted that the tenants wish to do this project on their own and have received bids that in- dicate they can do it. He also noted that HUD considers cooperatives one of the best ways to go on housing. Ms. Joanne Anibaldi, tenant of Legion Housing, stated that questions have been raised on where the tenants will raise the money. She stated that the Cooperative needs a lease to get any money and to get a bid. She stated that they do have an estimate. Mr. Keith Noyes, contractor, stated that he had presented an estimate to the Coopera- tive, in the amount of $400,000.00. He stated that he did some preliminary work in inspecting the buildings. He has been under two buildings and in six of the apartments. He stated that it is hard to give a firm bid without specifications and the people putting up the money a re not ava i lab Ie for negotiation. He stated that the estimate should be fairly close to what the firm bid would be. Mr. Noyes reviewed his estimate with the City Commission, which includes footings and foundations; siding; shingles; repairing windows and installing I storm windows; insulating of R-11 in walls and R-30 in ceilings; new electrical wiring and electric heat; new plumbing using old toilets and replacing some water heaters; sheetrock; new floor covering in medium price range; new front doors; interior painted; other repairs as needed; and no new appliances or cabinets. He submitted an estimate of $9,000.00 per unit. 481 Mr. Noyes stated that he feels there is a serious need for adequate low-cost housing, and he has compassion for those who need this type of housing. Commissioner Weaver stated that it would take $500,000.00 to rehabilitate, and there is not much capital for a starting point. He noted that, at this cost per square foot, it is near new construction costs. I Commissioner Vant Hull noted that projections show that natural gas will be cheaper than electricity for several years. She asked why the natural gas heat is not to be left in. Mr. Noyes noted that during initial construction, electric heat is cheaper. Mr. Bruce Curl, 23 West Cottonwood, stated that the Bozeman Fair Housing Cooperative wants to make the rehabilitation of Legion Housing into a pilot project. He noted that they will use local contractors and supply houses. Also, the Cooperative would do some of the work, which would reduce the costs. Their first priority is to get the housing up to code. He stated that the tenants would need assistance is some areas which require a specific trade, but wish to work on the sweat-equity program. Commissioner Vant Hull asked Mr. Noyes what his experience with sweat-equity has been. Mr. Keith Noyes stated that, as far as a contractor is concerned, sweat-equity is dangerous. He noted that the matter must be discussed and spelled out prior to the be- ginning of construction. He noted that pick and shovel work is one area in which the tenants could work. Also, painting can be done by the tenants, as it is one of the last I things to be done. Mr. Noyes stated that the contractor cannot be forced to wait whi Ie the tenants do part of the work and fall behind their schedule. Mr. Loren Wineberg stated that the sweat-equity program is sometimes known as sweat-contractor-sweat. The tenants do the unskilled work at the beginning and the end of the project. Mr. Wineberg stated that it is his experience that a great deal of enthusiasm comes forth under this type of program, partly because the tenants are becoming home- owners. Mr. Marvin Christie, adjacent to Legion Housing, stated that several points of issue have been brought up. He asked if the Cooperative will be the legal owners. He is proud of Bozeman, but doesn't think that this community can afford to give something to somebody just because they so desire. He noted that Mr. Noyes is attempting to keep a crew busy, and the Cooperative expects Mr. Noyes and the community to sacrifice so that they can work on the rehabi litation of this housing. He asked who the parties to the contract for rehabilitation will be. He noted that the Cooperative has no money. Ms. Joanne Anibaldi, tenant of Legion Housing, stated that one of the first major tasks is to find the money. She stated that a committee of tenants has written inquiries for I funding. She noted that several programs are just ending or will be beginning in the near future. She stated that the Cooperative has also received church backing for this project. She stated that the Bozeman Fair Housing Cooperative would be the first cooperative in the state. She noted that low-interest or no-interest loans are available for rehabilitation. The Cooperative needs a lease before it can receive firm financial backing. ,,..' .- , .' '. u ( Mr. Bob Nickel, Northern Rockies Action Group in Helena, stated that their group supports those seeking social and economic justice. The organization believes that the Legion Housing can be rehabilitated. Also, it will help solve a problem that Bozeman has with low-rent housing. Mr. Nickel stated that the Northern Rockies Action Group provides management and fiscal control, help in training staff and communications problems. Mr. Nickel stated that he does not see the tenants of Legion Housing as a problem but as a I solution. He stated that they are coming for assistance to help them help themselves. He believes that this group has the type of resolve that most cities would give their right arm to have. Commissioner Weaver noted that the strength of the leadership element is important. He asked if the substance of the tenants being transient would have an effect on the leadership. Mr. Nickel stated that in high transient areas, once a cooperative is established, people are hesitant to leave, and the number of students decreases. A much more stable population is established. Mr. Loren Wineberg stated that he supports the Cooperative and opposes the Municipal Housing Authority. He stated that he has seen housing which is much more rundown than Legion Housing being rehabilitated. He noted that people less well off have made cooperatives function. He noted that transiency has been a big fear. Studies show that once a cooperative is formed, the population tends to remain stable. Mr. Wineberg noted that the average home ownership is five years in length, and students would be living in the same area for four yea rs . He noted that the tenants will have a marked change in their attitudes if they own I their buildings. He stated that if the Cooperative fails, it will be no worse than the failure of the Legion. He asked the Commission to look at the strength of the tenant turn-out and how long and hard they have worked on this proposal. He noted that most of the tenants are trying to get to a place where they can work out their own problems. Mrs. Joanne Troxel, Bozeman Senior High teacher. stated that the property owners have a problem with people wanting to be self-supporting. She stated that she has lived in substandard housing all of her life. Her house was just listed as substandard in the Urban Renewal Plan. She feels that it is smart to fix up something that exists. She feels that the City should help the tenants try to make their own way. Mr. John Nehring, Assistant Professor of Economics at Montana State University, stated that he is impressed with what the tenants are trying to do. He made a proposal in favor of some type of cooperative. He would like to see some type of spirit of cooperation rather than adversary in solving one of Bozeman's most serious problems. He noted that it is difficult to find rental property in Bozeman. Mr. Howard McGuinness, 717 North Tracy, has been in construction for fifteen years. He has been in all of the units and under about twenty. He stated there is no question that I they can be rehabilitated. With the state of the economy, no replacement housing will be constructed in Bozeman. He noted that grants can be used to rehabilitate the housing. Mr. McGuinness stated that he lives in Legion Housing out of necessity, not choice. Ms. Marilyn Kegley stated that in 1977, the City cancelled its annual lease with the American Leg ion. Since that time, the Legion has only maintained the housing. She noted ~OCl . U\.) that the problems with Legion Housing and other housing in Bozeman are intertwined. She noted that people have moved into and out of Legion Housing. A cooperative will have a stronger continuity. She stated that the Cooperative has considered and wi II consider any proposal for a fair solution to the problem. Ms. Kegley then presented to the Commission letters of support from Mr. Vern Chandler, Legion Housing tenant, and Mr. Dennis J. I Semprini, 524 East Davis. Mr. David Penwell, Attorney for the neighbors in the area, stated that they are in opposition to the plan submitted. Mr. Penwell noted his presentation in opposition to the establishment of a Municipal Housing Authority and noted that no real attempt has been made to show the necessity for such action. Mr. Penwell noted that the Cooperative needs money, but have presented nothing to show how, when or where they plan to get these funds. He noted that the question is whether or not unsafe or unsound housing exists in Bozeman. It exists in Legion Housing. If the City removes this housing, the condition will no longer exist. Mr. Penwell also noted that during the remodeling process, relocation problems will exist for the tenants. He stated that the timetable and whole proposal has not been very well thought out. Mr. Penwell stated that the Legion Housing cannot be rehabilitated and meet City codes. To meet the City codes would make remodeling of these units uneconomical. Mr. Penwell noted that these structures were erected in 1942, not as permanent dwellings, but as temporary Veterans housing. He noted that the cost estimates presented by the applicants are not realistic. I Mr. Penwell stated that some of the letters from tenants indicate that they could pay higher rent for the rehabilitation of the Legion Housing. He noted that the tenants have good reasons for not wanting this housing removed. Some of them don't pay rent at all. Mr. Penwell noted that the proposal indicates two $100,000.00 loans, and $500,000.00 in rehabilita- tion. Mr. Penwell met with Mr. Nopper, Di rector of Administration at Montana State Univer- sity. Mr. Nopper stated that MSU is forced by law to provide housing to all students since it is a land grant college. He stated that the University will add housing as needed and is presently planning to construct 80 to 90 new units. Mr. Nopper indicated problems in ob- taining financing for these new units. Mr. Penwell stated that he cannot see any less problems for the Cooperative in obtaining financing. Mr. Penwell noted that the City is a landlord and must assume the responsibilities involved or cease to be one. If the City decides to become a landlord, it should look at the responsiblities involved. Mr. Penwell also noted that utilities are disconnected to sixteen of the units in Legion Housing. Mr. Penwell stated that his clients are suffering from the existence of the Legion I Housing. He stated that their property values are diminishing. He noted that as many people suffer because of the housing as wi II suffer if the housing is removed. He noted that the Cooperative requests a three-year extension of the lease. It is reasonable to anticipate that no repairs would be done. Also, the City would be the landlord for substandard housing. The proposal submitted by the Cooperative is unrealistic, and all the City can look forward to is deterioration of the situation. , "'" 't),' Mr. Ted Koterwas, 624 North Tracy, contractor and finish carpenter, presented to the Commission copies of three letters: (1) a memo from Water Superintendent Don Strang to Planning Director Paul Bolton, stating that the water system within Legion Housing is in almost unrepairable condition; (2) a memo from the Senior Citizen Advisory Council stating that a high watertable exists in the area, and a watermain break in Legion Housing during the spring caused flooding in the Senior Citizen Center basement; and (3) a letter from I Architect Robert V. Lashaway to Mr. Ted Koterwas, citing structural defects in the Legion Housing. Mr. Koterwas reviewed the defects listed in Mr. Lashaway's letter. He then re- viewed the bid submitted by Mr. Keith Noyes, which includes foundations and footings, walls made of 2" x 4" and with no insulation, old and outdated wiring and old plumbing. He noted that the entire structure would need to be stripped to the studs and started over. Mr. Koterwas noted that the sinks and cabinets also need to be replaced. Also, the showers, bathroom sinks and toilets need replacing. He also noted that the heating systems and water heaters need to be replaced. Also, the windows and doors and door frames must be redone, and new siding installed. The roof was constructed of gypsum board type material under the shingles, indicating the temporary nature of the housing. Mr. Koterwas noted that this is not remodel ing, but major reconstruction. Mr. Lashaway's letter indicated that the 47 units contain 29,316 square feet and, at a cost of $25.00 per square foot, the cost would be $732,900.00 for the rehabilitation of these units. One contractor contacted would not give an estimate, and another contractor stated that it would cost $30.00 to $35.00 per square foot, give or take 10 percent. Mr. Noyes' I estimate is for $14.43 per square foot. Mr. Lashaway's letter noted that the cost of rehabilitation of these units could approach the $1,000,000.00 mark. Mr. Koterwas stated that there are very few sites in the northern sector of the city for parkland. The City owns the site on which the Legion Housing is located. Mr. Dave Parker, living in the neighborhood of Legion Housing, stated that he had reviewed the longevity of the tenants in Legion Housing, comparing the roster for March 1981 with the roster for March 1982. He noted that, using 43 names for 30 apartments, 24 names were new, or 56 percent. He noted that 14 of the tenants were listed on both rosters, and some tenants have lived there for quite a length of time. Also, 12 of the names are I isted in MSU records as students, or 28 percent of the total residents. Mr. Parker does not believe that a loan institution will lend money to this type of a group. He does not wish to see the buildings remain as they are for the next three years, and the monies don't seem to be avail- able for rehabilitation. He also does not feel that the City should get into the landlord busi- ness. He supports the City Commission's decision made in January to terminate the lease and for the ultimate destruction of the bui Idings and asked the Commission to uphold that decision. Mr. Louis McCarl, 105 East Cottonwood, stated that the City has promised since 1953 I to remove the Legion Housing. He asked the Commission to maintain the decision made in January to terminate the lease. Mrs. Margot Parker, 617 North Tracy, reviewed the budget submitted by the Bozeman Fair Housing Cooperative. She noted that the budget is balanced, but not realistically. She 1- '" ...:_~ I noted that the budget allows for repayment of $200,000.00 in loans at 10 percent interest rates. She does not believe that 10 percent is a realistic interest rate. Mrs. Parker stated that the proposed rental for the land is not close to $1,237.00 per month, which is based on the going rental value. She also noted that the rental monies should be paid to the American Legion at present, which they are not. She asked who would be liable when the Bozeman I Fair Housing Cooperative defaults on its payments when the City is the landlord. Mrs. Marilyn Koterwas, 624 North Tracy, stated that the buildings were to be temporary, with a ten-year life span. A large portion of the parkland has been used for the Section 8 housing and the Senior Citizen Center. She asked if the City can afford the liability for renting this parkland for another three years, and if the City can ignore the north side resi- dents and their needs. Mr. Wayne Gorski, 624 North Willson, admires the stick-to-it-iveness of the Bozeman Fair Housing Cooperative. He suggested that they purchase land near the University and build a structure as a testament to their desires. Mr. Chanson Ching, 213 West Cottonwood, noted the frustration of living in a neighbor- hood where the residents don't seem to have a voice. He noted that the experts tell the area what is good. He noted that the experts have not talked about how the neighborhood feels. Mr. Dennis Jordan moved from 624 North Willson about nine months ago. He noted that the Police Department received many calls at 3:00 a.m. when he lived in the area because of kids running through his yard. He stated that many nice people live in Legion Housing, I and many one would not want for a neighbor. He noted that the area is mostly single-family residences. Also, the area is mostly young people buying their own homes. Mr. Jordan stated that the City should not get involved in housing for students. That is the University's responsibility. He stated that the neighborhood is a viable single-family area, and the Legion Housing does not belong in that area. Mr. Morris Jones is a carpenter by trade and was one of the men who erected the Legion Housing in 1947. He stated that he would not live in any of the units when they were erected, and he won't even look at them now. He feels that the Legion Housing is unsafe and should be removed. Mr. Bob Lashaway, Architect, noted that people have a lot of problems that won't go away, with or without Legion Housing. He noted that the central question is the housing itsel f. He noted that the project is not really rehabilitatible; it is poor from the ground up. He stated that if the proposal were to be accepted, the contractor would find that the build- ings are not close to City codes. He noted that if the Commission is to be consistent in the way it looks at construction, it must look at Legion Housing and see if it is really worth saving. Mr. Lashaway noted that the cost of remodeling these structures will be significant. I He noted that these buildings were constructed on a temporary basis and not like permanent homes. That is the reason they would be so expensive to rehabilitate. Mrs. Furniss noted that many of the people in Legion Housing have lived there for many years, and it is their neighborhood, too. They are also concerned about the Legion Housing. I .., ,. ~f" .- , '.',. .... Mayor Stiff closed the discussion. A decision will be forthcoming in one week. Adjournment - 11 :45 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- jou rned. The motion carried by the following Aye and No vote: those voting Aye being I Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. ALFRED M. ST I FF, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I I