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HomeMy WebLinkAbout1984-07-02 238 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 2, 1984 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 2, 1984, at 4:00 p.m. Present were Mayor Weaver, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager Wysocki, I Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sull ivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meeting of June 25, 1984 were approved as amended. Mayor Weaver asked if any of the Commissioners wished to remove any of the Consent Items for discussion. Commissioner Anderson requested that the annual report for the Fire Division for Calendar Year 1983 be removed for discussion. Decision - Commission Resolution No. 2507 - intent to annex the Oak Street Annexation ( 4. 01-acre tract located at intersection of Oak Street and North Seventh A venue This was the time and place set for the decision on Commission Resolution No. 2507, entitled: COMMISSION RESOLUTION NO. 2507 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND OF THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO THE SAID CITY OF BOZEMAN AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF THE SAID CITY OF BOZEMAN SO AS TO INCLUDE THE SAID CONTIGUOUS TRACT WITH IN THE CORPORATE LIMITS THEREOF. City Manager Wysocki stated the Commission had conducted the public hearing on the intention to annex the Oak Street Annexation at last week's meeting. He noted no protests I have been received. The City Manager then recommended that the Commission approve the proposed annexation, contingent upon an agreement which addresses Items No. 7 and 8 under the criteria established in Commission Resolution No. 2502 and Item No.3 in the staff findings, concerning water rights, hook-up fees and vacation of Baxter Lane extended. He noted after the agreement has been approved by the developer and the City, a resolution of annexation will be prepared for final Commission action. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the Oak Street Annexation, a 4. 01-acre tract of land located east of North Seventh Avenue between Oak Street and Baxter Lane extended, contingent upon execution of an agreement addressing those concerns listed above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Request for security assistance - Fourth of July celebration City Manager Wysocki presented to the Commission a request submitted by Laurie Schultz on behalf of the Celebration '84 Committee for security assistance during the Fourth of July activities. Ms. Laurie Schultz, Chairman of the Celebration '84 Committee, stated five ASMSU representatives will serve as security officers during the event. She stated the Committee is willing to pay the costs of having one uniformed City police officer and requests that the City cover the costs of one uniformed City police officer. She noted the estimated cost is $200.00 I per officer. Ms. Schultz also indicated that the MSU Security Office and the Gallatin County Sheriff's Office will provide assistance during this event. City Manager Wysocki stated he has reviewed the major community activities at which police officers have become involved. He noted there are four or five major events each year in which the Police Division provides assistance, at an approximate cost of $800.00 to $900.00 to the City; because the event is either a community activity or because additional protection is needed because the activity creates a large concentration of people. City Manager Wysocki then 07-02-84 239 suggested that the Commission consider adopting a policy that the City will provide police officers on a 1 to 1 ratio with the group conducting the activity. He noted such a policy would create a situation in which the City would determine how many officers are needed; and the group would be required to pay for one-half of the costs incurred for the police protection. Commissioner Anderson stated the Fourth of July celebration is becoming a major event in Bozeman; and she feels the requested $200.00 City expenditure is a small investment to I ensure that the celebration is successful. Commissioner Jordan asked if there is a budget unit for police involvement in various activities. He noted such a budget unit might be considered so the costs are readily available. City Manager Wysocki stated the costs are currently provided for in the Police Division - Salaries, Wages and Benefits. He stated creation of a new budget unit could be considered in implementation of a policy if the Commission so desires. The City Manager then recommended that the Commission approve the request for police assistance as submitted by the Celebration '84 Committee. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request submitted by the Celebration '84 Committee and approve the expenditure of up to $200.00 for one police officer for this event. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. City Manager Wysocki stated he will submit a memo to the Commission as soon as possible with a suggested policy for the provision of police services during major community events. taverns and cocktail loun es as a City Manager Wysocki presented Ordinance No. 1162. as prepared by the City Attorney, entitled: ORDINANCE NO. 1162 I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA. AMENDING SECTIONS 18.30.020,18.32.020 AND 18.52.140 OF THE BOZEMAN MUNICIPAL CODE, BY REMOVING BARS, TAVERNS AND COCKTAIL LOUNGES FROM THE LIST OF PERMITTED USES AND ADDING THEM TO THE LIST OF CONDITIONAL USES IN BOTH THE B-2 AND B-3 ZONES IN THE CITY OF BOZEMAN, MONTANA. City Manager Wysocki stated the Commission has conducted the public hearing on this Zone Code Amendment and provisionally adopted this Ordinance at its regular meeting of June 18,1984. He then recommended that the Commission finally adopt Ordinance No. 1162. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission finally adopt Ordinance No. 1162, amending the Zone Code to allow bars, taverns and cocktail lounges as a conditional use in the B-2 and B-3 zoning districts. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Ordinance No. 1163 - amend Section 2.56.010 of the Bozeman Municipal Code re Library Board of Trustees City Manager Wysocki presented Ordinance No. 1163, as prepared by the City Attorney, entitled: ORDINANCE NO. 1163 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA. AMENDING SECTION I 2.56.010 OF THE BOZEMAN MUNICIPAL CODE, ENTITLED APPOINTMENT- COMPOSITION AND ORGANIZATION-POWERS AND DUTIES. City Manager Wysocki stated the Commission has approved this amendment and provi- sionally adopted this Ordinance at the regular meeting held on June 18, 1984. He then rec- ommended that the Commission finally adopt Ordinance No. 1163. It was moved by Commissioner Jordan, seconded by Commissioner Mathre. that the Com- missi(m finally adopt Ordinance No. 1163, amending Section 2.56.010 of the Bozeman Municipal Code concerning the Library Board of Trustees. The motion carried by the following Aye and 07-02-84 24U No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. water main - City Manager Wysocki presented Commission Resolution No. 2511, as reviewed by the City Attorney, entitled: I COMMISSION RESOLUTION NO. 2511 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A SPECIAL IMPROVEMENT DISTRICT TO BE KNOWN AS SPECIAL IMPROVEMENT DISTRICT NO. 646 FOR THE PURPOSE OF CON- STRUCTION AND INSTALLATION OF A SANITARY SEWER AND WATER MAIN AND APPURTENANCES TO SERVE THE ADJOINING PROPERTIES AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS: AN EIGHT (8) INCH WATER MAIN AND APPURTENANCES AND AN EIGHT (8) INCH SANITARY SEWER AND APPURTENANCES, TO SERVE PARTICULAR LOTS WITHIN THE GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION. THE CONSTRUCTION AND INSTALLATION OF THE SANITARY SEWER AND WATER MAIN SHALL INCLUDE ALL TRENCH EXCAVATION AND BACKFILL, BEDDING MATERIAL, SANITARY SEWER LINES, DUCTILE IRON WATER MAIN, MANHOLES, VALVES, FITTINGS, HYDRANTS, SERVICE LINE STUBS AND OTHER NECESSARY APPURTENANCES. City Manager Wysocki stated the Commission has conducted the public hearing on the intention to create SID No. 646; and no written or verbal protests were received. He then recommended that the Commission adopt Commission Resolution No. 2511, creating Special Improvement District No. 646. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission adopt Resolution No. 2511, creating Special Improvement District 646 for the con- struction and installation of sanitary sewers and water mains in the North Seventh Annexation (Gordon Mandevi lie State School Section Subdivision). The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner I Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. - intent to vacate portion of City Manager Wysocki presented to the Commission a request submitted by George E. Westlake and Kay H. Martinen for vacation of that portion of Baxter Lane which lies east of North Seventh Avenue, along with Commission Resolution No. 2512, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2512 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND ABANDON A PORTION OF BAXTER LANE, 60 FEET IN WIDTH AND 506.32 FEET IN LENGTH, LYING IMMEDIATELY EAST OF NORTH SEVENTH AVENUE, LOCATED IN THE WESTLAKE'S THIRD ADDITION TO THE CITY OF BOZEMAN, MONT ANA. City Manager Wysocki recommended that the Commission acknowledge receipt of the request for vacation and adopt Commission Resolution No. 2512, setting the p_ublic hearing date for July 16,1984. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission acknowledge receipt of the request submitted by George E. Westlake and Kay H. Martinen for vacation of the portion of Baxter Lane lying east of North Seventh Avenue. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant I Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. It was then moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission adopt Commission Resolution No. 2512, stating the intention to vacate the portion of Baxter Lane which lies on the east side of North Seventh Avenue, and setting the public hearing date for July 16, 1984. The motion carried by the following Aye and No vote: 07-02-84 241 those voting Aye being Commissioner Anderson. Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No being Commissioner Jordan. Acknowledge receipt of request; Commission Resolution No. 2513 - intent to vacate portions of streets lying in Bozeman Deaconess Foundation hospital site City Manager Wysocki presented to the Commission a request submitted by Morrow, Sedivy I and Bennett, Attorneys representing the Bozeman Deaconess Foundation, for vacation of portions of various streets lying within the new hospital project site, along with Commission Resolution No. 2513, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2513 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND ABANDON PORTIONS OF GRANT STREET, BUTTONWOOD AVENUE AND GARFIELD STREET, LOCATED IN THE VALLEY VIEW ADDITION; GARFIELD STREET, SWITZLER STREET, AYLSWORTH STREET, HAYES STREET, GRANT STREET AND COLLEGE STREET, LOCATED IN THE CENTRAL ADDI- T ION; CLEVELAND STREET AND CYPRUS A VENUE, LOCATED I N THE PROSPECT HILL ADDITION; AND SWITZLER STREET AND COLLEGE STREET, LOCATED IN THE DRUM LUMMON ADDITION, ALL IN THE CITY OF BOZEMAN, MONTANA. City Manager Wysocki recommended that the Commission acknowledge receipt of the re- quest for vacation and adopt Commission Resolution No. 2513, setting the public hearing date for July 16, 1984. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commis- sion acknowledge receipt of the request submitted by' Morrow, Sedivy and Bennett, Attorneys representing the Bozeman Deaconess Foundation, for vacation of portions of various streets lying within the new Bozeman Deaconess Hospital project site. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. I It was then moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission adopt Commission Resolution No. 2513, stating the intention to vacate portions of streets lying within the new Bozeman Deaconess Hospital site, and setting the public hearing date for July 16, 1984. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Commission Resolution No. 2514 - amending Resolution No. 2508 re issuance of lOR bonds for Felska-Solvie project City Manager Wysocki presented Commission Resolution No. 2514, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2514 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO A PROJECT AND REVENUE BONDS UNDER TITLE 90, CHAPTER 5, PART 1, MONTANA CODE ANNOTATED; APPROVING AND AUTHORIZING THE FELSKA-SOLVIE PROJECT, AND THE ISSUANCE OF IN- DUSTRIAL DEVELOPMENT REVENUE BONDS THEREFOR. City Manager Wysocki stated he has also submitted a memo to the Commission concerning the proposed amendment. He noted Mr. Ted Zelio, from the HUD office in Denver, has indicated that Commission Resolution No. 2508 unnecessarily restricts the developer's ability to obtain funding. He noted the proposed revision to the Commission Resolution will provide for the needed flexibility in financing and may reduce possible jeopardy of the Urban Development I Action Grant application. Commissioner Jordan asked if adoption of this Commission Resolution will allow the developer to consider the $1 million in UDAG as private funding to meet the City's require- ments. The City Manager stated the amount of UDAG will be negotiated, and will be less than the $1 million requested in the application. He noted UDAG funding is known as the funding of last resort; and only that amount needed to complete financing for the project will be awarded. 07-02-84 242 The City Manager also noted the developer must repay the UDAG funds awarded, just as he would through a conventional loan. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission adopt Commission Resolution No. 2514, amending Commission Resolution No. 2508, regarding the issuance of Industrial Development Revenue bonds for the Felska-Solvie project. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Weaver; those voting No being I Commissioner Jordan. Discussion - amendment to agreement for Northeast Sewer Trunk Line - William J. Sebena City Manager Wysocki submitted to the Commission an amendment to the agreement for the Northeast Sewer Trunk Line between the City and William J. Sebena. The City Manager noted the elements provided for in the amendment include: a specific period of time within which parties could recoup monies from installation of the sewer trunk line, which is six years with a possible three-year extension upon mutual agreement of the parties involved; the pro- vision that the developers will provide a breakdown of all design, construction and financing costs involved to the City; the provision that all payments made by parties hooking onto the sewer line be made to the City and then disbursed to the developers; and providing for a one-time hook-up fee to the sanitary sewer, line. The City Manager stated the Northeast Sewer Trunk Line will begin at North Rouse Avenue, running through Platinum Subdivision, across Bozeman Creek to L Street, then southwest to Bohart Lane and along Bohart Lane to the tract of land owned by Mr. Sebena which is zoned for mobile homes, and possibly to the Story Hills. He stated the line will be constructed in three phases, with each phase to be approved by the State of Montana Department of Health and Environmental Sciences and the City of Bozeman prior to construction. The City Manager then noted the State has indicated a willingness to release the first phase for construction, but has concerns about the second and third phases. City Manager Wysocki stated the City staff agrees with the State Water Quality Bureau and will monitor construction and operation of the sanitary sewer line until it becomes a part of the City I system. City Manager Wysocki then recommended that the Commission authorize the City Manager to sign the amendment and to contact the State indicating a willingness to monitor the project and requesting that the first phase be released for construction. Commissioner Vant Hull questioned whether the Commission could authorize the City Manager to sign an amendment to an agreement which was signed by the previous City Manager without Commission approval. Commissioner Mathre noted the amendment provides for a specified $4,000.00 one-time hook-up fee and questioned whether the specific amount should be listed since this agreement covers an extended period of time; and the costs of construction may vary. City Manager Wysocki stated support for Commissioner Mathre's comment and suggested that the specific amount be deleted from the amendment, revising the amendment to read "a one-time charge." It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission authorize and direct the City Manager to execute the amendment, as revised, to the agreement between the City and William J. Sebena for the Northeast Sewer Trunk Line and authorize the City staff to monitor construction and operation of the sewer line. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Renewal of Gambling Licenses - various establishments - July 1, 1984 through June 30, 1985 I City Manager Wysocki presented to the Commission the following applications, along with the required fees, for renewal of Gambl in9 Licenses for the period July 1, 1984 through June 30, 1985: Name of Establishment Gambl ing Operations Amount Paid Eagles, Fraternal Order of Two Keno Machines $ 1,000.00 EI ks, B. P.O. No 463 Two Keno Machines $ 1,000.00 07-02-84 243 Karl Marks Pizza One Keno Machine $ 500.00 The Molly Brown Two Keno Machines $ 1,000.00 Rocking R Bar Two Keno Machines $ 1,000.00 Total Amount Paid $ 4,500.00 I City Manager Wysocki recommended that the Commission approve the renewal of Gambling Licenses as listed above. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Com- mission approve the renewal of Gambling Licenses for those businesses listed above for the period July 1, 1984 through June 30, 1985. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Reappointment to Bozeman City-County Planning Board City Manager Wysocki presented to the Commission a letter from Don J. McLaughlin indicating a willingness to be reappointed to a two-year term on the City-County Planning Board. It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission reappoint Don J. McLaughlin to a two-year term on the City-County Planning Board, with his term to expire on June 30, 1986. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Annual Report - Fire Division for Calendar Year 1983 City Manager Wysocki noted that Commissioner Anderson had requested this item be removed from the Consent Items for discussion. I Commissioner Anderson suggested that the Commission write letters of appreciation to the Fire Division, Police Division and Civi I Defense office for their response to the hazardous materials spill on Friday. The Commissioner then noted the report indicates there were approximately 100 more calls in 1983 than in 1982, with most of those being to Montana State University. She then asked if Fire Station No. 2 will be manned, as indicated in the Uni- versity's recommendation. City Manager Wysocki stated additional fire personnel to keep Fire Station No. 2 open will be included in this budget session. He noted the City staff is currently reviewing the University's proposal. Mayor Weaver requested that Commissioner Anderson prepare a draft letter for review by the Commission. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commission acknowledge receipt of the Annual Report of the Fire Division for the Calendar Year 1983 and order it fi led. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Discussion - FYI items City Manager Wysocki presented the following "For Your Information" items to the Com- mission: (n A copy of the letter from the Mayor to Senator Max Baucus requesting support of I Senate Bill No. 1578, to eliminate the possibility of Montana cities being required to pay damages under the anti-trust law. (2) Weekly construction reports from Thomas, Dean and Hoskins, Inc., for the various phases of the Water System Improvements. (3) A tabulation of the continuing goals and policies which require additional emphasis, as prepared by the Commission during the past two meetings. Mayor Weaver requested that a discussion item for goal implementation be placed on next week's agenda. 07-02-84 241+ (4) A letter from the Bozeman Deaconess Hospital requesting a letter of support for a Certificate of Need for a home health care program. Mayor Weaver requested that this item be placed on next week's agenda for consid- eration. (5) Commissioner Mathre submitted to the Commissioners a tabulation of budget in- formation from the appropriation ordinances for the past ten years. (6) Commissioner Anderson submitted to the Commissioners a news article from the I Washington Post regarding a lawsuit against a City. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Request for waiver of open container ordinance - Bozeman Deaconess Hospital - Lindley Park - 10:30 a.m. to 5:00 p.m., July 11, 1984 Re uest for use of PA s stem - Jul 3, 1984, 2:00 p.m. to 9:30 .m. - In ley Park - connell eddlng It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the items as listed above, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Recess - 5:00 p.m. Mayor Weaver declared a recess at 5:00 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:05 p.m. Mayor Weaver reconvened the meeting at 7: 05 p.m. for the purpose of conducting the scheduled public hearings. Public hearing - Conditional Use Permit - Tom Cotton - allow construction of a new restaurant I on Lots 1 and 2, West Main Business Plaza, Triangle Area Annexation ( 503 Professional Drive) This was the time and place set for the public hearing on the Conditional Use Permit requested by Tom Cotton to allow construction of a restaurant on Lots 1 and 2 of the West Main Business Plaza, located in the Triangle Area Annexation. This site is more commonly known as 503 Professional Drive. Mayor Weaver opened the public hearing. City Manager Wysocki stated the Zoning Commission did not conduct its regularly scheduled meeting and, therefore, has not considered this item. He then recommended that the Commission continue the public hearing until the Zoning Commission submits a recommendation. Mayor Weaver continued the public hearing until a recommendation is submitted by the Zoning Commission. - Felska/Solvie - from Li ht east corner 0 Intersection 0 This was the time and place set for the public hearing on the Master Plan Amendment requested by Daniel Felska and Adolph Solvie to change the present land use designation of Light Industrial to Highway Commercial Land Use Designation on a tract of land located in the SEt, NEt, Section 1, Township 2 South, Range 5 East, Montana Principal Meridian. This property is more commonly located at the northeast corner of the intersection of Oak Street and North I Seventh Avenue. Mayor Weaver opened the public hearing Planning Director Steve Lere presented the Staff Report. He noted the land use desig- nation for the 4.01-acre tract is currently Light Industrial; and the zoning is currently RS-1. The Planning Director stated that during the public hearing before the City-County Planning Board, the major questions concerned the vacation of Baxter Lane and the possibility of the 07-02-84 245 applicant conducting his proposed use as a parking lot in an M-1 Zoning District. He stated the City-County Planning Board recommended disapproval of the requested Master Plan Amendment provided that the property could be rezoned M-1 and utilized as a parking lot for the convention center, which is to be constructed on an adjacent parcel currently zoned B-2. Planning Director Lere stated the City Attorney has reviewed the recommendation and determined that this parcel cannot be used as a parking lot for a commercial building under the I M-1 zoning. Planning Director Lere stated the applicants could provide adequate parking for the convention center on the larger site, but they want to utilize the additional property for additional greenery and parking. City Manager Wysocki noted this subject parcel abuts B-2 zoning, and the property on the other side of North Seventh Avenue is also zoned B-2. He suggested that the Commission may wish to rezone the subject parcel so that it is consistent with the zoning in the area. He also indicated the property to be used for the convention center should all be zoned the same, rather than two different zones. The City Manager noted that rezoning to a commercial use will require approval of the requested Master Plan Amendment. Mr. John Taylor, Architect representing the appl icants, stated the appl icants feel it would be better to provide greenery and open space around the convention center and place the parking area behind the existing service stations than to develop parking areas immediately adjacent to the structure. Commissioner Vant Hull noted the minutes from the Planning Board meeting reflect a question about State Highway Department input on having two streets enter North Seventh Avenue close to the interchange. She asked if the Planning Staff has talked to the Highway Department about this matter. Planning Director Steve Lere stated past transportation plans have not considered the possible eastward extension of Baxter Lane. He indicated the possible installation of a traffic signal on North Seventh Avenue at Baxter Lane or Oak Street has been discussed and indicated I he would contact the State Highway Department about the City's concerns. City Manager Wysocki stated the next FAU project priority is for extension of North Nineteenth Avenue to Oak Street and extension of Oak Street from Nineteenth Avenue to Seventh Avenue. He noted those improvements may require installation of a traffic signal; and the Highway Department has given the staff an estimated cost for that traffic signal. He stated the applicants have indicated a willingness to work with the City on financing of the traffic signal installation. The City Manager then indicated the staff will check with the State Highway Department again to see if they have any problems with the installation of a traffic signal. Mr. Taylor stated he has talked to one of the engineers in the local Highway Department office; and he indicated the Oak Street intersection is more consistent with the Department's plans. The engineer also noted concern because Baxter Lane is close to the 1-90 interchange and indicated the vacation of Baxter Lane should not create any problems. Mr. Taylor stated the engineer suggested that the traffic signal be installed when Oak Street is improved through FAU funds. He noted the current estimated cost of installation of the signal is $80,000.00, including research and development. Mr. Steve Green, owner of Scrubby's Car Wash, stated he counted 37 cars per minute traveling north on North Seventh Avenue at 5:00 p.m., on this date. He noted if a traffic signal were installed on North Seventh Avenue at the Oak Street intersection at this time, it would immediately back up traffic unnecessarily. He noted when the Oak Street improvements are completed, a light may be necessary; but at the present time traffic does not have any problem ingressing and egressing any of the businesses along North Seventh Avenue. I No one was present to speak in opposition to the proposed Master Plan Amendment. Mayor Weaver closed the public hearing. A decision will be forthcoming in one week. Adjournment - 7:22 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Mathre, 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 07-02-84 246 Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor ATTEST: Clerk of the Commission I I I 07-02-84