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PUBLIC HEARING - PLANNING COMMISSION'S APPROVAL REZONE CLAREMONT AVENUE AREA FROM R -1 to R -3. Affidavit of mailing of notice was ordered filed by the Mayor. Mayor Herkner announced public hearing. Mr. A. S. Whitmore, 141 Wellesly Crescent, appeared before the Council to ques- tion the restriction of 1500 square feet per apartment unit. He was assured that only one living unit would be allowed per 1500 square feet. City Attorney Currie advised the Coun- cil that this is a declaration of restriction by the people in the area and the petition which is now before the Council is signed by all but three property owners in the area. Mrs. Tessendorf advised the Council that the three people who have not signed are not parti- cularly interested in the outcome of the petition. City Attorney Currie suggested that an- other petition be circulated eliminating the three lots that have not signed in R -1 and changing the other lots to R -3. Councilman Royer moved Public Hearing be closed, seconded by Councilman Spillers and carried. COUNCILMAN GRANGER OFFERED ORDINANCE REZONING CLAREMONT AVENUE AREA FROM R -1 to R -3 ELIMINATING LOT 17, OF PARCEL 1 AND LOTS 10 AND 11 OF PARCEL 3, with the understanding that if these lots wish to come into R - they may so indicate and a separate ordinance can be introduced. Motion seconded by Councilman Britschgi and carried. PUBLIC HEARING - PLANNING COMMISSION RECOMMENDATION TO DENY CARL ROSENE REZONE PROPERTY JEFFER- SON AND TOPAZ FROM R -1 TO R -4. Affidavit of mailing of notice was ordered filed by the Mayor. Mayor Herkner announced opening of public hearing. Letters of protest from Mr. & Mrs. L. E. Cowles, 610 Topaz, and Mr. & Mrs. L. E. Stoddard, 618 Topaz, were read and noted. Mr. Fred Caligiuri, 2936 Jefferson Avenue, appeared before the Council protesting the re- zoning stating that this has been before the Planning Commission and the Council for the past year and a half and that the objection is due to the fact that they don't think it will serve the best interest of the neighborhood to rezone a portion of an R -1 lot to R -4, particularly when the area is all R -1 with the exception of the business which is occupied on these two corners. Mr. Caligiuri questioned the need for rezoning when there are several commercial districts quite close to the area. Mr. Rosene advised the Council that the Planning Commission tied on their vote to allow rezoning, and that the four lots in ques- tion are not desirable R -1 property. He advised the Council that he is not asking for a medical - dental building, as has been implied, but is asking for a change to R -4 as he feels the property lends itself to this classification. Councilman Spillers moved close of pub- lic hearing, seconded by Councilman Britschgi and carried. Councilman Britschgi moved the recommendation of the Planning Commission be upheld, seconded by Councilman Jones. Coun- cilman Royer suggested that the property be rezoned to R -3 and not R -4 if agreeable to Mr. Rosene, and this would act as a buffer between the C -1 and R -1 area. Councilman Britschgi requested information as to why the Schopp property came into this rezoning request, and was informed that when Mr. Rosene made the application, he was told this property should be included. Councilman Granger stated his opposition to the rezoning unless recommended by the Planning Commission. He questioned the control should the Schopp lot be changed to R -4. Councilman Royer moved an amendment to the original motion to the effect that City Attorney be directed to prepare Ordinance rezoning only the Rosene property to R -3 leaving the Schopp parcel out, seconded by Councilman Spillers. After further discussion during which time Mr. A. B. Doyle, 646 Topaz Street, voiced his protest to the rezoning, and Mrs. Vera Eskin advised the Council that the Planning Commission offered R -3 zoning to Mr. Rosene at the last Commission meeting which was refused. Motion failed to carry on roll call. Councilman Royer then offered an additional amendment to original motion that the