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HomeMy WebLinkAbout1982-05-03 L Lt '? , v MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 3, 1982 ******************* The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, May 3, 1982, at 4:00 p.m. Present were Mayor Stiff, Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Acting 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 April 26, 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 requested that the Request on behalf of the MSU Graduate Chemistry Students for a waiver of the open container ordinance in Lindley Park on May 15, 1982, be removed for discussion. Open bids - Construction of Schedule I of Phase II, Waste Water Treatment Plant This was the time and place set for opening bids for the construction of Schedule I, Phase II of the Waste Water Treatment Plant. The affidavit of publication for the "Call for Bids" as advertised was presented. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that I the bids be opened and read. 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. The following bids were then opened and read: Total Base Bid Engineer's Estim-ate $ 1,522,756.00 Johnston Excavating, Inc., Bozeman, Montana $ 1,608,324.00 Peter Kiewit Sons' Company, Sheridan, Wyoming $ 1,624,000.00 Barnard Construction Co., Inc., Bozeman, Montana $ 1,706,500.00 It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the bids be referred to the Staff for a recommendation to be presented at next week's regular Commission meeting. 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. Ordinance No. 1106 - Proposed sign ordinance Acting City Manager Barrick presented Ordinance No. 1106, entitled: I ORDINANCE NO. 1106 AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE PROTECTION OF THE PUBLIC HEALTH AND SAFETY; REQUIRING A PERMIT AND INSPECTION FOR THE ERECTION OF SIGNS AND SIGN STRUCTURES, REGULATING AND CONTROLLING THE DESIGN, QUALITY OF MATERIALS, CONSTRUCTION, LOCATION, ELECTRIFICATION, AND MAINTENANCE OF ALL SIGNS AND SIGN STRUCTURES; PROVIDING PENALTIES FOR ITS VIOLATION AND REPEALING ORDINANCE NO. 958 AND ALL OTHER ORDINANCES OR PARTS THEREOF OF THE CITY OF BOZEMAN IN CONFLICT HEREWITH. 'i ' :, ' "'""f ~, The Acting City Manager noted that several persons who own portable or mobile signs have stated they feel that the proposed $20.00 fee per month is exorbitant. He stated that the ordinance has been written with the $10.00 fee per month. but may be changed by the Commission if they so desire. Acting City Manager Barrick then recommended adoption of the ordinance as submitted. Commissioner Anderson suggested increasing the fee from $10.00 to $15.00 per month. I Mayor Stiff noted concern with the writing of forty permits for portable or mobile signs per month. as this ordinance would require. He stated that this would place a burden on the City Staff by adding paperwork. The Mayor suggested possibly assessing an annual fee, with a reporting system for the location of the signs. Commissioner Vant Hull noted that these portable or mobile signs are temporary signs, not to be placed as permanent signs. She feels that the fees should be on a monthly basis which would provide the ability for more restriction than a yearly fee would allow. Commissioner Weaver noted concern about the traffic flow created by a monthly fee, but feels that an annual fee alters fundamentally the character of the portable signs. He suggested the possibility of a quarterly fee. Commissioner Weaver also recognized the risks involved with these portable signs, particularly the electrical aspect. He further noted that the costs should be borne by those realizing the benefits. Mayor Stiff stated his concern with the piecemeal process. He would prefer that the matter of portable or mobile signs be handled in a more complete form. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the I Commission amend Ordinance No. 1106, Section 2. Chapter 3, Fee Schedule, Section 307, Item (f) to reflect a $15.00 fee per month for mobile or portable signs. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Commissioner Vant Hull; those voting No being Mayor Stiff. It was then moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission adopt the amended Ordinance No. 1106, providing for rules, regulations and fees for signs within the City of Bozeman. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Commissioner Anderson; those voting No being Mayor Stiff. Discussion - Small Cities CDBG Program - John Moss Planning Director John Moss presented to the Commission a list of proposed projects. The Planning Director stated that the Montana League of Cities and Towns will be conducting a meeting in the Community Room of the Public Library on May 12, 1982 beginning at 9:00 a.m., to discuss application procedures and provide assistance in submitting the applications. Mr. Moss noted that one important item involved in the application process will be I citizen participation. The Planning Director suggested that the Commission consider a committee of people from the northeast sector, industrial, downtown property owners and merchants to review the projects suggested and establish priorities. Lt 4 5 Commissioner Vant Hull noted that people from the northeast sector of the city, those with industrial interests and those from the downtown area may have quite different interests. She suggested that different committees be formed from these various areas to present proposals to the Commission for review. Commissioner Anderson feels that the funds could be best used for repair of the I Mystic Lake Dam. Planning Director Moss noted that the funding is being provided for one year at a time and relies on budgeting through the State Legislature. He stated that the City would be unable to rely upon this budgeting being continued through the next three years if a three-year project is considered. This matter will be placed on the Commission agenda after the May 12 meeting. Discussion - Draft letter from the City Manager re IDR Bonds Acting City Manager Barrick stated that the inquiry concerning the issuance of Indus- trial Development Revenue Bonds is for the development of a convention center in Bozeman. The Acting City Manager noted that this inquiry was made by Duncan MacNab, who has spoken with the City Staff several times concerning this proposal. Commissioner Vant Hull and Commissioner Anderson proposed minor changes in the wording of the draft letter. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the I Commission instruct the City Staff to revise the draft letter as proposed and authorize the Mayor to sign the letter. 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. Proposed Commission Resolution - urging economic and budget stability and budgeting limitations Mayor Stiff stated that he proposed the Commission Resolution pursuant to the discus- sion and passage of the proposed Commission Resolution opposing the MX missile in Montana. The Mayor stated that he feels that the federal government should live within a balanced bud- get, as the local governments are required to do. The Mayor further noted that he attempted to keep this Commission Resolution from being political. Commissioner Vant Hull and Commissioner Anderson suggested some minor changes. Mr. Dave Lockie, 317 Lindley Place, stated concern about cutting expenditures, begin- ning with the defense budget, to balance the federal budget. He noted that the federal gov- ernment receives pressure to make decisions from the public, who do not have all of the information. Mr. Lockie stated belief in a strong defense as the best deterrent to war. He I feels that the people in Washington, DC, who have more information, would be better able to balance the budget. Mr. Lockie further noted that the United States will not have three years to build a defense to counteract in case of war. Mr. Lockie then suggested that one area of possible budget cuts could be the welfare program. He feels that, if these programs are cut, more people would help themselves to survive. ", ': '+"J / It ,was moved by Commi,ssioner Mathre, seconded by Commissioner Vant Hull, that the Commission adopt the proposed Commission Resolution urging a balanced federal budget, as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Stiff; those voting No being Commissioner Weaver. Public acknowledgement of May 19, 1982 as Senior Citizens Day I Acting City Manager Barrick stated that Mayor Stiff received a letter from Governor Ted Schwinden, proclaiming May 19, 1982 as "Senior Citizen's Day" and urging the Commission and the community to observe this special day. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission acknowledge May 19, 1982 as "Senior Citizen's Day", as proclaimed by Governor Ted Schwinden. 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. Information Item - meeting with Mr. Tyckoson - re acquisition of Milwaukee Railroad right-of-way land - Acting City Manager Barrick stated that Mr. Tyckoson, from the Mi Iwaukee Railroad, was in Bozeman last week. Mr. Tyckoson quoted a price of $10,830.00 for a fifty-foot strip of the right-of-way land from South Church to South Third Avenue. He also quoted a price of $100,000.00 for the right-of-way which adjoins Lindley Park, from Main Street to Church I Avenue, and consisting of approximately 1.6 acres. Mr. Tyckoson further noted that this price might be negotiated. Acting City Manager Barrick further stated that Mr. Tyckoson will be sending maps and plats of the right-of-way land. Mayor Stiff - three requests for attendance at functions Mayor Stiff noted that he had three separate requests for Commission representation at various functions. The Mayor first presented a letter from Mr. Bob Correa, President of the Chamber of Commerce, inviting City representation at a luncheon meeting, to be held on Thursday, May 6 at 12: 00 noon at the Topper. This is an informational meeting concerning the possible development of a convention center. Commissioners Weaver, Anderson and Vant Hull stated that they would be able to attend the meeting as representatives of the City. The Mayor then stated that he has received two complimentary tickets from the Salvation Army for their dinner and asked if any Commissioner would wish to represent the City. Commissioner Vant Hull noted that she had received one complimentary ticket to this I dinner. Mayor Stiff gave Commissioner Vant Hull his two complimentary tickets and asked that she return the one ticket she had received. Mayor Stiff then noted that he had received a letter from Montana Power, notifying the City of a stockholders' meeting to be held in Butte on Thursday, May 6. The Mayor then expressed doubt that the City of Bozeman should be represented at the meeting. No Commis- sioner expressed an interest in attending this meeting. L;. Lt I Request - MSU Graduate Chemistry Students - Lindley Park - May 15, 1982 - Waiver of the open container ordinance Acting City Manager Barrick presented to the Commission a request on behalf of the MSU Graduate Chemistry Students for a waiver of the open container ordinance in Lindley Park on May 15,1982. The Acting City Manager stated that the Recreation Department and I the Police Department recommend denial of the request. Commissioner Weaver noted that he had requested that this matter be discussed to de- termine past policy and to determine what policy might be established by the present Commis- sion. Commissioner Mathre stated that permission has been granted on several occasions in the past. Mayor Stiff noted that the Commission has been anti-ordinance in the recent past. The Mayor further noted that Montana State University is a large real estate holder and stated that, if these activities are held on the campus, they will not add to the Police Department's load. Commissioner Vant Hull stated that several of the Chemistry Department staff would be present. Also, the people would be policing themselves. Commissioner Anderson noted that the City has an ordinance in effect. She feels that the event should be held on their own property. Commissioner Weaver noted he would like to consider this request as policy, rather than for its uniqueness. He stated that he would like a decision to use as a base line policy I statement, recognizing that there may be exceptions. It was moved by Commissioner Vant Hull that the Commission approve the request on behalf of the MSU Graduate Chemistry Students for a waiver of the open container ordinance in Lindley Park on May 15, 1982. The motion died for lack of a second. It was then moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission deny the request on behalf of the ~SU Graduate Chemistry Students for a waiver of the open container ordinance in Lindley Park on May 15, 1982. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commis- sioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No being Commissioner Vant Hull. Ordinance No. 1107 - North Seventh Annexation Acting City Manager presented Ordinance No. 1107, entitled: ORDINANCE NO. 1107 AN ORDINANCE ANNEXING CERTAIN DESCRIBED LANDS CONTIGUOUS TO THE CITY OF BOZEMAN, MONTANA. I Acting City Manager Barrick stated that he received a telephone call from the Attorney involved with the State-owned land located within this annexation, questioning whether the annexation process has been done in a legal and proper manner. The Acting City Manager recommended that the adoption of Ordinance No. 1107 be deferred for a period of one week to provide an opportunity for review by the City Attorney. ,': '.J ')" Mayor Stiff requested that this item be placed on the agenda for next week's meeting. Request - permission to attend - Police Officer Ed Malone - Crime Prevention Workshop - Butte, Montana - May 21-22, 1982 Acting City Manager Barrick presented to the Commission a request on behalf of Police Officer Ed Malone for permission to attend the Crime Prevention Workshop to be held in I Butte, Montana, on May 21-22, 1982. The Acting City Manager stated that one of the Commissioners had questioned the projected cost for gasoline and noted that this cost would be reduced from $40.00 to $32.80, as provided in the travel policy adopted by the Commission. It was moved by Commissioner Mathre. seconded by Commissioner Weaver, that the Commission approve the request on behalf of Police Officer Ed Malone for permission to attend the Crime Prevention Workshop to be held in Butte, Montana, on May 21-22, 1982 and, it being in the public interest, his expenses be paid out of the appropriate fund. 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. Proclamation - "Municipal Clerks Week" - May 10-15, 1982 Mayor Stiff proclaimed the week of May 10-15, 1982 as "Municipal Clerks Week" in the City of Bozeman in full recognition of the Municipal Clerk's outstanding contribution and dedi- cation to public service for the community. I It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission concur in the Mayor's proclamation. 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. Proclamation - "Health Fair Month" - May 1982 Mayor Stiff proclaimed the month of May 1982 as "Health Fair Month" in the City of Bozeman and urged all citizens to recognize and support the vital services of health education and screening provided by concerned health professionals for the benefit of all citizens. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission concur in the Mayor's proclamation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Proclamation - "Buddy Poppy Days" - May 29, 1982 I Mayor Stiff proclaimed May 29, 1982 as "Buddy Poppy Day" in the City of Bozeman and urged the citizens to contribute generously through the purchase of Buddy Poppies and further urged all patriotic citizens to wear a Buddy Poppy as mute evidence of our gratitude to the men of this country who have risked their lives in defense of the freedoms which we continue to enjoy as American citizens. L Lt r) . '-' It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the Commission concur in the Mayor's proclamation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Mathre, Commissioner Weaver, Commissioner Vant Hull and Mayor Stiff; those voting No, none. I Proclamation - "Be Kind to Animals Week" - May 2-8, 1982 Mayor Stiff proclaimed the week of May 2-8, 1982 as "Be Kind to Animals Week" in the City of Bozeman and urged all citizens to participate in all the events related thereto in the community. Ms. Diane Lane, Humane Society, thanked the City for its help and support for animal control and for the contributions to the Humane Society. Ms. Lane noted that the Humane Society has been recognized as the best in the State of Montana and thanked the City for the support it has given to make this possible. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission concur in the Mayor1s proclamation. 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 License - Town Pump (East Main Street) - Calendar Year 1982 Acting City Manager Barrick presented to the Commission an application for a Beer I License on behalf of the Town Pump for the Calendar Year 1982. The Acting City Manager stated that a copy of the letter from the State, granting permission to sell beer is attached to the application and recommended that the Commission conditionally approve the application for a Beer License, contingent upon the receipt of the State License. It was moved by Commissioner Mathre, seconded by Commissioner Weaver, that the Commission approve the application for a Beer License on behalf of Town Pump for the Calendar Year 1982 for temporary authority to sell beer, and that the Town Pump be required to submit an application for a permanent Beer License following receipt of the permanent State License. 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. Appl ication for Beer License - Gallatin Valley Softball Association - May 8-9, 1982 Acting City Manager Barrick presented to the Commission an application for a Beer License, along with the required fee, on behalf of the Gallatin Valley Softball Association for May 8-9, 1982. The Acting City Manager recommended that the Commission approve the ap- I plication for a Beer License. It was moved by Commissioner Weaver, seconded by Commissioner Vant Hull, that the Commission approve the application for a Beer License on behalf of the Gallatin Valley Softball The motion carried by the following Aye and No vote: . Association for May 8-9, 1982. those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. t}.~ . ......' , Request - permission to hold a five-mile run - MSU Management Club - May 8, 1982 - 10:00 a.m. Acting City Manager Barrick presented to the Commission a request on behalf of the MSU Management Club for permission to hold a five-mile run to be held on May 8, 1982 at 10: 00 a. m. The Acting City Manager recommended approval of the request. It was moved by Commissioner Vant Hull, seconded by Commissioner Anderson, that the Commission approve the request on behalf of the MSU Management Club for permission to I hold a five-mi Ie run to be held on May 8, 1982 at 10: 00 a. m. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Andej'lson, Commissioner Mathre, Commissioner Weaver and Mayor Stiff; those voting No, none. Authorize Mayor to sign - contract documents - Schedule II, Phase II, Waste Water Treatment Plant - Acting City Manager Barrick presented to the Commission the Contract Documents for Schedule II, Phase II of the Waste Water Treatment Plant, as prepared by Thomas, Dean and Hoskins, Inc. The Acting City Manager recommended that the Contract Documents, in the bid amount of $360,000.00, as submitted by Edsall Construction Company, Bozeman, Montana, be approved. It was moved by Commissioner Anderson, seconded by Commissioner Mathre, that the the Contract Documents be approved and the Mayor and the Clerk of the Commission be authorized and directed to sign the Contract Documents for the City of Bozeman, and that Edsall Construction Company be authorized and directed to proceed with the construction of I Schedule II, Phase II of the Waste Water Treatment Plant. 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. Recess - 5:55 p.m. Mayor Stiff declared a recess at 5:55 p.m., to reconvene at 7:00 p.m. for public in- terest items. Reconvene - 7:00 p.m. Mayor Stiff reconvened the Commission meeting at 7:00 p.m. for the purpose of discussing items of public interest. Public hearing - Assembly of God Church - vacation of northern 118.5 feet of Brady Avenue This was the time and place set for the public hearing on the request on behalf of the I Assembly of God Church for the vacation of the northern 118.5 feet of Brady Avenue. Mayor Stiff opened the public hearing. Acting City Manager Barrick stated that the Assembly of God Church owns the property on one side of Brady Avenue and is proposing to purchase the property on the other side of Brady A venue if the requested vacation is approved. I f the northern 118.5 feet Lr 5 J of Brady Avenue is vacated, this property will have access from Brady Avenue. No utilities are located in the area. It is unlikely that the City would extend Brady to the north as a large apartment house is located in the area needed for a right-of-way. Ms. Judy Kelly, representing a group for a new Interdenominational Christian School to be known as Heritage Christian, stated that an interdenominational board has been selected I from those churches involved in the school. This school will have a much larger base than the present Christian Center School. She noted that the new location on Brady Avenue would provide for a larger school and the needed parking area. Ms. Kelly stated that neighbors in the area were contacted approximately one year ago, and those notified either did not care or made positive comments. Mr. Tom Young, 431 North Ida, stated that he owns the lot immediately north of the church property. He stated that the portion of Brady Avenue proposed for vacation is his only access to the back of his property, where he stores a bus, camper and horse trai ler. Mr. Young stated that he is not opposed to the closing of the road, provided that he has ac- cess through the church property to his back yard for the parking of vehicles. City Attorney Planalp suggested that the Commission may wish to instruct the Assembly of God Church and Mr. Young to have a document prepared, providing access through the church property to the back yard of Mr. Young's lot, prior to a decision on the request for vacation of this portion of Brady Street. Mayor Stiff closed the public hearing. A decision will be forthcoming next week, upon I the condition that a document is prepared and presented which provides Mr. Young the nec- essary access to his back yard. Public hearinq - Conditional Use Permit - B-K Partnership - PUD on Lots 6, 7 and 8 of LeClair S-ubdlVISlon (northeast corner of West Koch and South Nineteenth Avenue) This was the time and place set for a public hearing on the request on behalf of B-K Partnership for a Conditional Use Permit to construct a townhouse Planned Unit Development on Lots 6, 7 and 8 of LeClair Subdivision, located at the northeast corner of the intersection of West Koch Street and South Nineteenth Avenue. Mayor Stiff opened the public hearing. Planning Director John Moss presented the Staff Report. The applicant proposes to construct eighteen townhouses on these three lots. The Planning Director stated that the Staff recommended conditional approval of the request, and the Zoning Commission concurred in the recommendation. Mr. Corbin Ross, representing the developers, stated that Phase I contains seven units, Phase II contains five units, and Phase III contains six units. The major materials would be hardboard, cedar and asphalt shingles, with a wood fence for screening. Mr. Ross I stated that the developer realizes that a problem exists with building a street which would connect South Eighteenth and South Nineteenth Avenues. He stated that two speed bumps will be installed and signs denoting IIPrivate Roadll erected. Mr. Ross noted that the proposed townhouses would be similar to those presently located in that area. Planning Director John Moss stated that the Zoning Code requires completion of con- , ~ i' .f J ( struction within eighteen months after the granting of a Conditional Use Permit. He noted that some developments in the past have been done in phases and have taken several years to complete, requiring the extension of the Conditional Use Permit. The Planning Director suggested approval of a schedule of construction, for the completion of Phase I in June 1983, Phase II in December 1984, and Phase III in June 1986. This schedule would allow eighteen months to complete construction of each of the three phases. I Commissioner Mathre noted that the conditions listed in the Staff Report state that construction must be completed within eighteen months under the Conditional Use Permit. Planning Director John Moss stated that this proposed construction schedule was not discussed at the Zoning Commission meeting. Mayor Stiff closed the public hearing. A decision will be forthcoming in one week. Public hearing - Conditional Use Permit - AK Investments - Mini-mall on Lot 3-A-1, Kirk's Subdivision No. 4 (east of J B's Big Boy) This was the time and place set for the public hearing on the request on behalf of AK Investments for a Conditional Use Permit to construct a mini-mall on Lot 3-A-1, Kirk's Sub- division No.4. It is more commonly known as the parcel of land located just east of JB1s Big Boy and just north of the University Square Mall. Mayor Stiff opened the publ ic hea ring. Assistant PI.fnner Mike Money" presented the Staff Report. He noted that this mini- mall would contain five stores. He further stated that the developer proposes to cover the open ditch located along the west side of the property. Mr. Money also stated that the I Zoning Commission discussed the narrow aisle width provided behind the building and proposed that this be made a one-way aisle. He also noted that one suggestion would be to connect this aisle with the University Square Mall parking area, provided an agreement can be reached by the two parties involved. The Assistant Planner noted that the Staff Report recommended conditional approval of the request, and the Zoning Commission concurred in the recommendation. Assistant Planner Mike Money stated that Mr. Klabunde called and stated that he would not be present at this meeting due to personal problems. Mr. Klabunde stated that he has no problems with the conditions set forth by the Zoning Commission. He noted a willingness to answer any questions prior to next week's decision on the request. Mr. Corbin Ross, developing the landscaping for the site, stated that the building would be metal with stucco-like material for accent. Mr. Ross stated that a fence, like the fence along the University Square Mall, would be erected along the east property line. The major activities of the stores would be conducted on the west side of the structure, away from the residential properties in the area. I Mr. Bob Evans, representing Mrs. Evans and Mrs. Andriolo, stated that both women own houses immediately adjacent to the property in question. He stated that their major objection is based on aesthetics and need. He noted that there are many vacancies in malls which presently exist. Also, a metal building is not appealing. Mr. Evans then presented to the Commission a copy of the Deed for Lot 3-A-1 of Kirk's Addition to the Commission. He L 5 r) I ~........ noted that several covenants exist on this property, one of which states that no malls may be constructed on the site. Another covenant states that the major tenants of the University Square Mall must review the architectural plans. Mr. Evans stated that he found nothing on record to state that these covenants have been rei ieved. Mr. Evans then noted that the garbage receptacle proposed for this mini-mall would not be adequate. He feels that this I could present an unsightly and unsafe condition. Mr. Dick Andriolo, also representing Mrs. Bob Evans and Mrs. Dick Andriolo, stated opposition to the granting of the request at this particular time. Mr. Andriolo stated that this matter should be continued to review the covenants and determine in what manner this parcel of land may be used. He noted that the traffic flow may have an adverse affect on the property. He would also like to see a better asset to the community than another metal building. City Attorney Planalp stated that he would like to have an opportunity to review the documents presented and determine to what extent the Commission should consider the covenants in the decision making process. Mayor Stiff continued the public hearing for a period of one week. Public hearinq - Conditional Use Permit - Gene Cook - retail sales buildinq on Lot 5, Block 1, Triangle Area Annexation (west of Bob Ward and Sons on West Mam Street) This was the time and place set for a public hearing on the request on behalf of Gene I Cook for a Conditional Use Permit to construct a retail sales building on Lot 5, Block 1, Triangle Area Annexation. This property is located at 2400 West Main Sreet, just west of Bob Ward and Sons. The area is currently zoned B-2- T, which requires that the applicant seek a Conditional Use Permit. Mayor Stiff opened the public hearing. Assistant Planner Mike Money presented the Staff Report. He noted that the circula- tion around the back of the building is tight, but does meet the requirements. He stated that the Staff has suggested that Mr. Cook attempt to reach an agreement with Bob Ward and Sons for truck access between the two properties. Assistant Planner Money stated that the Staff Report recommended conditional approval. No one was present at the Zoning Commission meeting to protest the request, and the Zoning Commission unanimously recommended approval, contingent upon thirteen conditions. Mr. Corbin Ross, representing the owner, stated that the front yard area is 45 feet wide, which is 32 percent of the entire lot size. This area is large because the State Highway Department preliminary maps show that 20 feet will be needed for proposed widening I of West Main Street, and 25 feet is needed for the normal front yard setback requirements. Mr. Ross stated that the proposed building would be constructed with cedar siding and asphalt shingles. He noted that the owner is in the process of working out an agreement with Bob Ward and Sons for access between the two parking areas. He stated that the attorney and the administration for Bob Ward and Sons have not answered the request, and there is no guarantee that an agreement will be reached. , '-;' fv" No one was present to speak in opposition to the request. Mayor Stiff closed the public hearing. A decision will be forthcoming next week. Adjournment - 9:20 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 I adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Weaver, Commissioner Vant Hull, Commissioner Anderson, Commissioner Mathre and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I I