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HomeMy WebLinkAbout1994-02-22 ccm ..-----..-.. .-...- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 22, 1994 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 22, 1994, at 3:30 p.m. Present were Mayor Vincent, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - Februarv 14. 1994 It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the minutes of the regular meeting of February 14, 1994, be approved as submitted. The motion '-' . carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, , Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. Commission discussion - reauest for modification of Conditional Use Permit for "The Pines" Planned Unit Development - Doua Rand for Boz. Inc. - allow construction of two 12-unit aDartment buildinas on 1.94-acre unDlatted portion of NW%.. SW%.. Section 12. T2S. R5E. MPM (115 South 11th Ave) (Z-93125) City Manager Wysocki noted that, included in this week's packet, was a memo from City Attorney Luwe, dated February 16, 1994, providing responses to the various questions and issues raised by the Commission. He noted that in the final paragraph, the City Attorney suggests that the Commission first determine whether it wishes to consider modifying . Condition No. 29 and, if it does, then make a determination on whether to make a decision on the information submitted or whether an additional public hearing is necessary prior to any decision. The City Manager reminded the Commission that at last week's meeting, the issue of converting the old house into another dwelling unit rather than into a community room was 02-22-94 --. ..--.--.--.--.--- - 2 - discussed. He stated that would trigger a new complete review process; and Mr. Rand seemed to withdraw that option, thus limiting consideration to possible revision of Condition No. 29, which applies to setting the rental rates and administration of the four affordable units. At Commissioner Stueck's request, City Attorney Luwe read Condition No. 29 into . the record, as follows: 29. That the additional units secured through use of the density bonus (i.e., four units) shall be maintained as "affordable" as per the U.S. Department of Housing and Urban Development's definition, in accordance with the Residential PUD criteria (form 2 in Ordinance No. 1359) in Section 18.54.100.E. of the zoning ordinance. To ensure perpetual affordability, the rental of these units shall be monitored by the Human Resource Development Council (HRDC). Documentation which demonstrates perpetual affordability shall be submitted to the Planning Office; City Manager Wysocki noted one of the questions raised by the applicant's representative is whether the duration of the affordable units can be modified from "in perpetuity" to a specific amount of time, such as ten years. Mayor Vincent asked each of the Commissioners to state his or her position on whether to consider modification of Condition No. 29. Commissioner Frost stated he is not willing to reconsider the issue. .. Commissioner Stueck stated that he would be in favor of reviewing Condition No. 29, possibly mOdifying parts of the condition as requested by the applicant. Commissioner Stiff stated that the applicant's proposal is for a different concept of establishing rent that is not a part of the current system. He forwarded his position that this does not seem to be the appropriate way to address the problem. He stated that if any changes are to be made, the project should be subjected to the full review process, rather than through modification at this stage. Commissioner Youngman announced that she talked to City Attorney luwe prior to the Commission meeting regarding a potential conflict of interest since she serves on the board for the Human Resource Development Council. She noted that, while many of the issues in . Condition No. 29 do not pertain to HRDC, she must abstain from any discussion or action on this item to avoid any appearance of impropriety. Mayor Vincent stated his concurrence with Commissioners Frost and Stiff. He then reminded the Commission that he had originally voted against the project. 02-22-94 ----- -.-.. ____n.____ . --.. - - 3 - Responding to Commissioner Stueck, the City Attorney stated that the Planning staff had recommended Condition No. 29 in its original staff report. He noted that when this application went through the City-County Planning Board, their approval was without Condition No. 29. He noted that when the City Commission took its action, it added the condition back . in, as proposed in the staff report. Further responding to Commissioner Stueck, City Attorney Luwe stated that the zone code provides for conditions for approval of a project. He further noted that the residential planned unit development criteria provide for addressing the issue of affordable housing, particularly through density bonuses. Responding to Commissioner Stueck, City Manager Wysocki stated that if the applicant wishes, he can submit a new application that includes the old house as an additional dwelling unit. He noted the item before the Commission at this time is whether or not to consider modification of Condition No. 29, as requested by the applicant. Commissioner Stiff reminded the Commission that without Condition No. 29 included in approval of the application, the vote could have been substantially different. He then stated . that if a new application for this project goes through the process again, any simplification of the process would probably be in everyone's best interests. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission deny the request for modification of Condition No. 29 for "The Pines" planned unit development, located at 115 South 11 th Avenue, as requested by Doug Rand for Boz, Inc. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost and Mayor Vincent; those voting No being Commissioner Stueck. Commissioner Youngman abstained. Continued discussion - Ordinance No. 1377 - establishing a neiahborhood Darking district near the Montana State University camDUS . At Mayor Vincent's request, Assistant City Manager Ron Brey reviewed the contents of his memo dated February 15, a copy of which was included in the Commissioners' packets. He reminded that the Commission that three options remain under consideration to address the neighborhood parking situation near the Montana State University campus. 02-22-94 --..---- --.....----- .__u_..__.. ._"...._ - 4- Assistant City Manager Brey reviewed the contents of his memo, noting that he has provided additional information on the three options in which the Commission had expressed interest. He stated that Option No. 1 is based on the Missoula parking district, with some flexibility built in for the businesses along West College Street, the Irving School and the Greek . houses. He noted that Option No.2, which provides for reserving a resident's parking space in front of each residence, is still legally questionable. He noted that the City Attorney's initial research indicates that such a system cannot be supported; however, he has not completed his research as of this date. He then forwarded Option No.3, which provides for the sale of a limited number of parking permits to students, faculty and staff of the University within the boundaries of the parking district. He characterized this as the option which addresses the greatest number of concerns which were forwarded during public testimony. The Assistant City Manager stated that, in addition to the options listed, the Commission may choose to not create a parking district at this time, but place as much pressure as possible on Montana State University to address the issues. He recommended that if the Commission chooses to establish a parking district, it be as simple to administer and . enforce as possible, cautioning that even the simplest program will stretch the City's resources at the outset. He suggested that once the program is running, it is possible to modify the program to more appropriately address the concerns and needs of those impacted. Commissioner Frost asked if it would be possible to add numbers to the signs if the Commission were to opt for Option No.1 at this time and later modify it to include some of the elements of Option No.3. He also asked about the costs that might be involved. The Assistant City Manager stated it will be more expensive to implement a basic program and then modify or change the signs than to initially install signs with numbers on them if there is an intent to sell permits on a block face basis. He noted, however, that the signs will probably be two part or maybe even three part signs; and it may be possible to simply add a part or change one part rather than the entire sign. He also noted that after the . program has been in effect for a period of time, it will probably be evident that there is no available space on some block faces; and they will not need to be numbered. The Assistant City Manager stated that the only figures he has to date for signage are from catalogs, since the City has not yet proceeded through any type of competitive bidding process. He also noted the possibility of leaving a blank space on the initial signs which could 02-22-94 - -------.--.--.--- . -.- -.--- .-.-- - 5 - accommodate a sticker with a number on it to identify block faces if the initial program is modified. Mayor Vincent thanked the Assistant City Manager for his memo and his structuring of this discussion. He then asked for Commission input on the options listed. . Commissioner Stiff stated he is still interested in Option No.2, although the Assistant City Manager has indicated that option is probably not going to be determined an acceptable alternative. He then forwarded concern about the "sea of signs" and concern about a program that does not benefit the whole community. He noted that City Attorney Luwe has indicated he will not be able to further research the issue of reserving a parking space in front of one's residence for quite some time; therefore, he feels the Commission must rely on the Assistant City Manager's advice. He then stated his support for Option No.1, recognizing it will be modified to accommodate the needs of the business area along West College Street. He also stated an interest in modifying the district after it has been determined how many parking spaces could be available for permits issues to MSU students, staff and faculty. Commissioner Youngman stated that, while she likes Option No.3 best, she feels that . beginning with Option No. 1 is the most practical. She stated an interest in modifying the program as quickly as possible. She recognized the safety issues raised, particularly for the female dormitory residents; however, she suggested that changes could be made before the short days of winter arrive. Commissioner Frost stated support for Option No.1, providing for the businesses along West College Street and along the side streets. He suggested that the City should contact Montana State University before considering Option No.3, since he feels that they should be responsible for issuing permits instead of the City. Commissioner Stueck stated he has maintained that this is an MSU problem which the City has inherited because of the increased on-campus parking fees. He suggested that by working together, the two governmental entities can alleviate many of the problems that exist. . He then stated that, while Option No.1 is not ideal, he feels it is a place to start; and it can be streamlined and refined after implementation. Mayor Vincent stated his support for Option No.1, although he is interested in moving toward Option No.3 as quickly as possible. He also noted that the University and the City, by working together, can make the situation better. He suggested there are also 02-22-94 ---------- - 6 - alternatives which the University could implement, e.g., restricting use of vehicles by freshmen, cold storage parking, and designated compact car parking spaces, which could alleviate some of the congestion in the desirable parking lots on campus. He also noted that additional lighting improvements on campus could dramatically improve the safety of the students. He stated that . MSU President Malone has indicated that next year MSU will be opening the new Antelope parking lot, which abuts West College Street between South 11 th Avenue and married student housing; and that could provide desirable parking for students, faculty and staff accessing that portion of the campus. He feels it is important to accommodate the needs of the businesses along West College Street and the Irving School when implementing the district. Mayor Vincent stated that he was in Missoula recently, and parked on the north side of Broadway before walking to campus. He stated that walk was longer than any walk from the Fieldhouse to any place on the MSU campus would be. He stated that he does not believe that distance is unreasonable. He cited safety, and the integrity and character of neighborhoods as the reasons to pursue a residential parking district. Assistant City Manager Brey recommended that if the Commission wishes to . implement a parking district, they direct staff to bring back the ordinance in final form for action. He noted there are some minor modifications necessary to accommodate some of the issues raised; and they can be easily accomplished within the scope of the hearing notice. He also indicated some clarifications would be beneficial, through language changes; and a penalty section should also be considered. Mayor Vincent observed that this process has been long and tedious, thanking the staff members and each of the Commissioners for the time they have spent on the issue. He stated that all of the comments from the public, on both sides of the issue, have been carefully weighed during the process; and he feels that action can now appropriately be taken. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission authorize and direct staff to make the necessary revisions to Ordinance No. 1377 . to provide for creation of a neighborhood parking district near the Montana State University campus, under Option No.1 from Assistant City Manager Brey's memo dated February 15, and that it be brought back as soon as possible for final action. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. 02-22-94 - 7 - Pro Dosed comDosition of ad hoc committee to review cable television franchising oDtions Commissioner Youngman distributed to the Commission a memo providing a proposed composition for the committee and a list of items which they should be asked to review. Assistant City Manager Ron Brey reminded the Commission that both he and . Commissioner Youngman had submitted memos to the Commission under "FYI Items" at last week's meeting. He noted that, attached to his memo, were a listing of the members of the 1983 cable television study group and copies of their final report and minority report. Commissioner Youngman briefly reviewed the memo which she had distributed to the Commission. She stated that she had identified a twelve-member committee, with representatives from specific segments of the community, i.e., education, media and technology experts, business community, community groups and interested consumers. She suggested that the committee should be asked to form a recommendation on whether the Commission should negotiate a franchise agreement with TCI and, if so, what the basic elements should be. She also listed several options which she feels ought to be considered, noting that list is not meant to be all inclusive. She suggested that if the committee does . recommend that a franchise agreement be negotiated and the Commission concurs, the committee should serve in an advisory capacity during the development of that agreement. Commissioner Youngman noted the importance of requiring that at least 50 percent of the members of the committee be residents of the city. She noted that with the residency requirement combined with the representation she outlined above, even though the committee may be large, it should serve to lend credibility to their recommendations. She stated that additional volunteers could also be involved through serving on sub-committees to the advisory committee. Commissioner Frost stated he feels this memo provides for a good, sound process. He suggested that the Commission establish a committee as soon as possible, providing a list of items to be addressed. He also noted support for the idea of the committee coordinating its . activities and recommendations with existing facilities and businesses, i.e., public television, TCI and the County. Commissioner Stueck stated his concurrence with Commissioner Frost's comments. Commissioner Stiff stated he continues to have many concerns about this issue. He stated that during a recent lunch with Mr. Ian Elliott, member of the former committee and 02-22-94 ----- - 8 - retiree from the industry, the issue was discussed at length. Mr. Elliott indicated that the industry is apparently not as concerned about franchising as it may have been at one time. Commissioner Stiff noted that Mr. Elliott cautioned that if a public access channel is identified, it becomes extremely difficult to monitor what is aired because of individuals' rights; and one . may not approve of the programs which are run on that channel. He also expressed continuing concern about the revenue neutral aspect of the program, noting that Mr. Elliott assured him that general tax dollars would be required to keep such an operation functioning. Mr. Elliott also indicated that franchising is almost guaranteed to increase the cost of television to the subscriber, based on the history of costs in communities which do have franchise agreements. Commissioner Stiff noted that the 1983 report was prepared by a well-qualified committee. He recognized that a number of changes have occurred since then, including the fact that Bozeman now has a local television station. He suggested that, rather than the new committee starting over, it may be more appropriate to have them update the 1983 report, and then proceed with the development of their own report. Commissioner Stiff then reiterated his feeling that this program should be revenue . neutral. He also stated that he feels adequate revenues should be generated to reimburse the City for the costs it is presently incurring in conjunction with regulation of basic tier services. Mayor Vincent stated he has a number of questions about cable television franchising as well; however, he feels that a committee could be charged with addressing those during its review of the issue. He stated that the credibility of the committee appointed by the Commission is extremely important. He noted that their first question should be whether or not it is the best interests of the City and the general public to enter into a franchise agreement, rather than entering into the process with the predisposition that franchising will occur. He stated that this determination should be based on a laundry list of pros and cons. Mayor Vincent stated that Commissioner Stiff's concerns about whether the program will be revenue neutral are very important. He stated that a franchise fee essentially translates . to a tax that the consumers will pay, whether it is identified on the bill or not. He noted the importance of identifying the benefits which the consumers will receive for those additional monies paid. Mayor Vincent emphasized the importance of remembering that the FCC and the Congress are reviewing the issues of franchising and regulation very closely; and it is likely that 02-22-94 _.._m.. ----------- .----.--.-.-..-....--.. - 9 - changes in the legislation will be occurring once again. He stated his interest in having the committee evaluate the benefits as well as any negative aspects of franchising, providing a balanced report to the Commission. Commissioner Stiff asked if the people who served on the 1983 committee will be . asked to serve on this new committee, if they wish. Following a brief discussion, it was determined that the 1983 committee members would be notified that a new committee is being created, with an invitation to complete an application if they so desire. Responding to Mayor Vincent, the City Attorney stated it is acceptable for Commissioners to encourage people to submit an application for this committee. He cautioned it is important to remember that the Commission's selection process for appointments to committees has been established and that there is no guarantee that if one completes an application, that the individual will be appointed. Commissioner Stiff stated an interest in comparing the proposed composition of the new committee to the composition of the old committee prior to proceeding. He then . suggested that any action on this item be delayed at least until next week. Commissioner Frost stated that he also has concerns about a franchise agreement. He suggested, however, that the Commission proceed with the process for appointing a committee at this time, and allow the committee to provide some answers to the questions raised and develop a recommendation for Commission consideration. City Manager Wysocki suggested that the Commission give the committee some guidelines atter it has made a recommendation on whether or not to proceed with franchising. He stated that he is interested in seeing that not all of the monies generated from a franchise agreement are spent on a new program. He noted there are items which have gone unfunded in the General Fund for years; and he feels that some of those monies could be used to fund such purchases. . Commissioner Stiff stated that if a franchise agreement cannot help City government, he will have an extreme difficulty in supporting franchising of cable television. Commissioner Youngman suggested that, prior to appointing the committee, the Commission should establish a mission statement for the committee. She noted this could provide beneficial guidance at the beginning of the process. 02-22-94 .._._._._"...u__ ---.".---..--.-.--. -.-.- -..--.-..- - 10 - Commissioner Stiff noted there is a legal question on whether a portion of the monies from the franchise agreement can be used to fund general government operations. He suggested the answer to that question should be sought rather quickly, to ensure that time is not wasted on an issue which may not receive Commission support. . It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission authorize and direct the Clerk of the Commission to advertise for members for the ad hoc committee to review cable television franchising options as soon as possible. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Memo from the County Commission, dated February 5, announcing a . meeting scheduled for 7:00 p.m. on Thursday, March 10, in the Community Room of the Courthouse to discuss the possible adoption of impact fees. (2) Agenda for the Development Review Committee meeting which was held at 10:00 a.m. today at the Carnegie Building. (3) Agenda for the Design Review Board meeting which was held at 3:30 p.m. today at the Carnegie Building. (4) Agenda for the County Commission meeting which was held at 1 :30 p.m. today at the Courthouse. (5) The City Manager submitted his weekly report, as follows. (1) Attended the annual meeting of the Gallatin Development Corporation, at which MSU President Mike Malone talked about their plans for the campus over the next five years, and Doug Tillot, outgoing . President, summed up the past year's activities. (2) Noted the street sweepers were out last week, picking up sand while the weather was nice. (3) Stated a desire to place a continued discussion of procedure items on the agenda for next week, recognizing the agenda is already quite full. (4) Announced that police officer Morris McLees is back to work after surgery for a brain tumor. (5) Stated he will attend the next meeting of the Montana fiscal forum, which 02-22-94 - 11 - is scheduled for Thursday. (6) Announced the Senior Center expansion is progressing. He reminded the Commission that the City had previously agreed to pay $3,800 of the costs and to loan the necessary amount to the senior citizens on a no-interest loan to cover the costs of the project. (7) Reminded the Commission of the Gallatin County 2000 meeting scheduled for . 7:00 p.m. tomorrow evening at the Courthouse. (6) The City Manager announced that temporary patching of the heating system at the Swim Center has been completed. He stated an intent to ask the Commission to appropriate monies to fix the heating system some time this spring, estimating the cost at $15,000 to $20,000. He also noted that he will be seeking monies for replacement equipment for the Park Department as well. Responding to Mayor Vincent, the City Manager stated that the School District has already indicated its intent to cut its use of the Swim Center from its athletic budget. He noted this should not dramatically impact the pool's operation because it is anticipated that most, if not all, of those time slots can be filled with other groups. (7) Commissioner Frost announced that he attended the City-County Planning . Board meeting last week. (8) Commissioner Stueck submitted the following. (1) He and the City Manager attended a meeting with Dan Kamp and Jim Syth from the Southwest Montana Building Industry Association to brainstorm about impact fees. (2) Attended the worthy student scholarship auction. (3) Noted the Recreation and Parks Advisory Board wishes to meet with the Commission soon to talk about their goals for the upcoming year. (4) Talked to Superintendent of Schools Paula Butterfield and Maintenance Superintendent Gary Griffith, individually, about the possibility of a new park along West Babcock Street, on land owned by the School District and the City, for ball fields. (5) Attended the Gallatin Development Corporation's annual luncheon meeting. (9) Commissioner Stiff noted he had returned from a trip to Edmonton on . Thursday. He stated the new beltway around Calgary has made getting around that community much easier than it was in the past. He emphasized the importance of such a facility, and suggested that the City should acquire right-of-way for a beltway around this community as suggested in the transportation plan. He also noted that the European traffic circles which had been a part of Edmonton's transportation system are now gone. 02-22-94 - - 12 - (10) Commissioner Stiff suggested that Mayor Vincent be designated as the Commission's spokesperson for tomorrow evening's Gallatin County 2000 meeting; the Commissioners concurred. (11 ) Commissioner Youngman submitted the following. (1) Attended the housing . task force meeting last week. She noted the depth of research which the group is conducting, stating that the recommendations they forward will be well supported. (2) Stated she plans to attend a human rights network meeting later this week. ( 12) Clerk of the Commission Sullivan submitted the following. (1) Stated that a meeting with the Recreation and Parks Advisory Board has been tentatively set for March 7, following the one scheduled public hearing. (2) Reviewed the agenda for next week's meeting, which includes just the afternoon session. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. ADDroval of reauest for Dermission to connect to City water and sewer services - Lots 1-4. Kable Subdivision (North 25th Avenue at . West Villard Street extended): Der conditions in EnQineering staff memo dated February 14. 1994 Staff reDort - reauest for annexation submitted by Edward C. McCrone. The Mill. Ltd. - 13.4247-acre tract known as Tract 1. COS No. 1224. located in the SW%. Section 32. T1 S. R6E. MPM (2100p2150 Story Mill Road) Commission Resolution No. 2954 - intent to annex 13.4247-acre tract known as Tract 1. COS No. 1224. located in the SW%. Section 32. T1S. R6E. MPM (2100-2150 Story Mill Road): set DubUc hearing for March 21. 1994 COMMISSION RESOLUTION NO. 2954 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID . CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Staff reDort - reauest for annexation submitted by School District No.7 - 28.759-acre tract located In the 5W%. SE%. Section 24. T2S. R5E. MPM (west side of South Third Avenue) 02-22-94 -- --..... .. - ....------------ ---- ..-- ___. __"uo,_._ - 13 - Commission Resolution No. 2955 - intent to annex 28.759-acre tract located in the SW%. SE%. Section 24. T2S. R5E. MPM (west side of South Third Avenue): set Dublic hearing for March 21. ill.4 COMMISSION RESOLUTION NO. 2955 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 THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Commission Resolution No. 2956 - intent to annex 10.0-acre tract known as the E%. W%. NE%. SW%. Section 11. T2S. R5E. MPM (south side of West Babcock Street. north of Main Mall): set Dublic hearing for March 21. 1994 COMMISSION RESOLUTION NO. 2956 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. . Commission Resolution No. 2957 - intent to annex 4.0.acre tract known as the west 132 feet of the E%. E%. NW%. SW%. T2S. R5E. MPM (south side of the 3100 block of West Babcock Street. north of Main Mall): set Dublic hearlna for March 21. 1994 COMMISSION RESOLUTION NO. 2957 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABIT ANTS THEREOF AND THE INHABIT ANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Authorize City Manager to sian - Professional Services Agreement - Marvin and Associates - sianalization of West College and South 19th Avenue It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the . Commission approve the Consent Items as listed, 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 Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. 02-22-94 -'..,--. ".-. --- --. -.. u__....__.n_____.. __ _.__.____..___ - 15 - City Manager Wysocki reminded the Commission that the last water rate increase was implemented in 1991. Administrative Services Director Gamradt presented the staff report. He stated that the three-year budget projections include anticipated changes in the rates charged in the various . enterprise funds, to ensure that adequate revenues are generated to fund the expenditures on those activities. He stated that the 5-percent increase in water rates is comprised of a 3- percent increase to cover inflation and a 2-percent increase to cover the bond coverage requirements. He stated that the covenants for the City's water bonds issued in 1982 include a commitment that the City will produce revenues in the amount of 125 percent of its expenditures for operations and debt service. He noted that the recent audit revealed that the City's coverage was 128 percent for Fiscal Year 1992-1993, which just meets those bond covenants. He cautioned that to not meet those bond covenants could result in the City's paying higher interest rates the next time it sells a bond issue, which could result in a substantial cost in interest payments. The Administrative Services Director stated that under this requested rate increase, . a typical residential water bill of $18 per month will increase by approximately 900 per month. Mr. Keith Patrick, 415 West Cleveland Street, stated he does not believe the proposed increase is fair or justified. He noted the court judgment for $842,000 was paid from the Water Fund; and he does not believe the rates should be increased to build the reserve again after that payment because he does not feel the judgment had anything to do with this fund. He further noted that consumers never see a decrease in rates, only increases. He recognized that increases in the rates charged are needed from time to time; however, he does not support the reason for this requested increase. Commissioner Youngman noted that one of those writing a letter in opposition stated a concern that new development in the community is one of the reasons for the increase in water rates. . The Administrative Services Director responded that new development pays its own way through providing water rights or a cash-in-lieu payment prior to any development of the site, based on the anticipated density of development to occur. He emphasized the fact that this increase is based on inflation and meeting bond coverage requirements. 02-22-94 ----. ------ --.. ---".._-- - 16 - Further responding to Commissioner Youngman, the Director stated he does not know of any other fiscally responsible alternative to this proposed rate increase to ensure that the bond coverage requirements are met. Commissioner Stiff noted that the costs of the litigation are not included in the . computations. Director Gamradt responded that is correct. He stated that, to avoid having those costs become a part of the equation for determining bond coverage, the judgment costs were treated as extraordinary costs. He then indicated that, in order to ensure there were sufficient monies to cover a possible adverse decision, several of the large water projects have been delayed. Responding to Commissioner Frost, the Administrative Services Director stated that the judgment in the Story case was paid from the Water Fund because the case revolved around installation of a water main. He noted that the City did have the option of levying an additional tax to cover the costs of the judgment; however, staff determined it was more appropriate to pay the costs from the Water Fund. . Responding to Commissioner Stueck, City Manager Wysocki stated that the City requires the dedication of usable water rights or a cash-in-lieu payment for all annexations. He noted that as additional water rights become available, the City purchases them, and will continue to do so to ensure that adequate water is available to service the community. Responding to questions posed by Mr. Brian Leland, 528 North Bozeman Avenue, the Administrative Services Director stated that bond coverage requirements do not pertain to any reserves, but require that the level of revenues generated for the fiscal year is 125 percent of the costs of operation plus debt service for that year. City Manager Wysocki entered into the record the following statements of opposition: Anne Lossing, owner of 1101-1107 West Dickerson Street; Sam Harvey, 602 South 13th Avenue; and Mrs. W. J. Handsaker, 203 North Wallace Avenue. He noted that these . statements apply to the next public hearing as well. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission authorize and direct staff to bring back a resolution establishing the new water 02-22-94 -------- - 17 - rates, as proposed under Commission Resolution No. 2952. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. . Public hearina - Commission Resolution No. 2953 - intent to imDlement a 9.5% increase in waste water (sewer) rates This was the time and place set for the public hearing on Commission Resolution No. 2953, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2953 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOlEMAN, MONT ANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED NINE AND ONE-HALF PERCENT (9.5%) INCREASE IN THE WASTE WATER (SEWER) RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WASTE VVATER(SEVVER)SYSTEM. Mayor Vincent opened the public hearing. Administrative Services Director Gamradt stated that under this resolution, a 9%- percent increase is proposed for the waste water services. He noted that this increase includes 3 percent for inflation and 6 % percent to provide monies to be applied toward some major . capital items. He also reminded the Commission that the City has expended in excess of $200,000 on the Bozeman Solvent Site, for attorney's fees, engineering and payments to the State for billable expenses they have incurred. He briefly reviewed some of the items to be funded, which include sludge pond enlargement - $215,000; extension of the sewer main between Rouse and Oak - $150,000; design and construction of improvements - $200,000; clarifier - $110,000; flusher truck - $65,000; heat exchanger - $80,000; and an injector truck- $180,000. The Administrative Services Director stated that the proposed 9 ~ -percent increase in rates would increase an average monthly residential bill of $8.00 by 76(: per month. The Director stated that one of the Commissioners had raised a question about the . net operating losses from Fiscal Year 1983 through Fiscal Year 1993, as shown on the financial summary for this fund. He stated that is due to the fact that the City does not fully fund its depreciation; therefore, this loss does not reflect an actual outlay of cash. He noted that under the City's current philosophy, if a new physical plant is needed, the City will incur debt to cover 02-22-94 u_ .._u.._ .__...__ ---- .---.--------.---.-... - 18 - a majority of those costs, with the rate payers who are actually using the new facility paying the costs for retirement of that debt. The Administrative Services Director stated that with the City's approach to funding large items, the key element in determining the financial health of the fund is the working . capital. He noted that figure was doing reasonably well until this past year, when a number of large projects, including the North 19th sewer line, dramatically reduced that balance. Responding to Commissioner Stueck, City Attorney Luwe stated that the City has, in fact, recovered some of the monies it has expended on the Bozeman Solvent Site. He stated the City will continue to seek recovery of monies from the insurance companies; and any monies received will be receipted back into the Waste Water Fund. He noted that at this time, it is not known how much the City can hope to recover. Mr. Keith Patrick, 41 5 West Cleveland Street, stated he is even more concerned about this proposed rate increase than the water rate increase, particularly since the Bozeman Solvent Site expenses are being paid from this fund. He stated his belief that those expenses should be paid from the General Fund rather than the Sewer Fund, questioning why the rate payers . should be required to pay a higher fee for something that does not impact the individuals who are serviced by the City's waste water collection system. He suggested it would be more fair to assess a tax against the general populace of Bozeman than to increase the sewer rate to cover the costs. City Manager Wysocki stated that the allegation is that the sewer line acted as a conveyor for the hazardous materials at the Bozeman Solvent Site. He noted that since the City's sewer system has been involved in the issue for the past thirty years, staff made the determination that this fund would be the most appropriate funding source for all attendant costs. He stated that, while placing an additional tax on the general taxpayers is an alternative that could have been utilized, it would be involving basically the same group of people, with a few exceptions. . City Attorney Luwe stated that most of the monies that have been expended to date have been for environmental engineering services for investigation and some remediation of this area, with very little of the monies being directed to the lawsuit itself. Responding to Commissioner Stiff, Administrative Services Director Gamradt stated that little money was expended on the Bozeman Solvent Site in Fiscal Year 1993; and what 02-22-94 - 19 - monies were spent are included in the operating expenses portion of the financial statement rather than as a separate line item for litigation. Commissioner Stiff noted the City can increase the rates up to 12 percent per annum without going before the Public Service Commission. He noted that those involved in local . government in Bozeman in the mid-1980's will recall how complicated the PSC process can become, stating it is important for the Commission to make the necessary adjustments annually to avoid that process if at all possible. City Manager Wysocki reminded the Commission that when the City went before the Public Service Commission in the mid-1980's, is was for the first water rate increase in 25 years. He noted that at that time, the public made it perfectly clear that they preferred small annual increases to the large increase they were incurring. Mrs. Jennifer Smith Mitchell, 122 South Church Avenue, asked if the City is paying an administrative fee to the engineering firm for clean up of the Solvent Site. City Attorney luwe responded that the City has contracted with an environmental engineering firm to monitor clean up of the Solvent Site. He then emphasized that most of the . costs which the City has incurred to date pertain to cleaning up of the site and not to litigation. City Manager Wysocki noted that, hopefully, the City will be reimbursed by its insurance companies for at least a portion of the costs it is incurring in this clean up. Responding to Commissioner Youngman, Administrative Services Director Gamradt stated that the problem at the Bozeman Solvent Site has occurred over the past thirty years; and it has revolved around a sewer line. He stated that, on that basis, staff determined it would be more appropriate to pay the associated costs from the Sewer Fund rather than from the General Fund. He also noted that, since the same group of people pay both the property taxes and the sewer bill, with a few exceptions, he does not view this approach as being inequitable. He suggested, however, that to place a special mill levy on a new home to pay the costs of what has occurred over the past thirty years could be construed as inequitable. . City Manager Wysocki reminded the Commissioners of the letters he had entered into the record in the previous public hearing, which pertain to this public hearing as well. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. 02-22-94 - 20- Mayor Vincent stated his preference for relatively small increases spread over a period of time, as opposed to one large scale increase every five, ten or thirty years. He then noted that all of the Commissioners live inside the city limits; and they are subject to the same increases they impose on all other residents of the community. . It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission authorize and direct staff to bring back a resolution establishing the new waste water (sewer) rates, as proposed under Commission Resolution No. 2953. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. Continued public hearing - Zone Map Change from A-S and R-S to BP - Edward C. McCrone. The Mill. Ltd. - 13.4247-acre tract known as Tract 1. COS No. 1224. located in the SW%. Section 32. T1S. R6E. MPM (2100-2150 Story Mill Road) (Z-93174) This was the time and place set for the continued public hearing on the Zone Map Change from A-S, Agriculture--Suburban, and R-S, Residential--Suburban, to BP, Business Park, . as requested by Edward C. McCrone, The Mill, Ltd., under Application No. Z-93174, on a 13.4247-acre tract known as Tract 1, Certificate of Survey No. 1224, located in the Southwest one-quarter, Section 32, Township 1 South, Range 6 East, Montana Principal Meridian. The subject property is more commonly known as 2100-2150 Story Mill Road. Mayor Vincent opened the continued public hearing. Associate Planner Kevin Wall presented the staff report, noting that a copy of the written staff report had been forwarded in the Commissioners' packets. He stated the subject property is located in the southeast corner of the intersection of Story Mill Road and Hillside Lane, and is the old Story Mill site. He noted that the existing structures on the site contain a total of 96,000 square feet of floor area, which the applicant wishes to re-use. The Planner stated this subject property is also the subject of an application for . annexation; and the applicant proposes to go through the Planned Unit Development to establish what types of uses will be allowed in the complex. The Associate Planner then reviewed surrounding uses, which include medium-low density single-family residential to the north and east, open space to the southeast and south, stockyards to the west, and a mobile home park to the northwest. He stated that the proposed 02-22-94 .---.--..---..----- - 21 - BP zoning provides a good natural buffer between residential development and industrially zoned properties. Associate Planner Kevin Wall stated that staff has reviewed this application for rezoning in light of the twelve criteria set forth in the Montana Code Annotated; and the . detailed review is contained in the written staff report. He then highlighted some of those findings, noting that the size of the existing improvements on the site lends it to re-use in a business park type setting rather than as residential. He also noted the benefit that this property could serve as a buffer between the stock yards and the single-family residential development to the east. Associate Planner Wall stated that the subject site is serviced by gravel roads. He stated that, because of the potential traffic impacts that may be generated by this site, the applicant may be required to provide from street improvements in conjunction with annexation of the property. The Planner then stated that the adaptive re-use of this facility can be best accomplished under a BP zoning, particularly since it is such a large facility. He noted that this . re-use can provide employment and economic development possibilities not currently available in the community. He also noted that some residential uses could be provided on the site in conjunction with business park activities. Associate Planner Wall stated that this site can also provide a link in the trail system which has been identified in the Parks, Open Space and Trails plan. He then noted that restoration and re-use of the existing buildings, in a manner which preserves the historic integrity of the structures, would be a benefit to the community. He stated that properties located in commercial zones typically carry a higher value than other properties. The Associate Planner stated that, following its public hearing on this application at its February 15 meeting, the Planning Board concurred in the staff's recommendation for approval of this application for a zone map change from A-S and R-S to BP. He then . recommended that if the Commission concurs in that recommendation and votes to approve the zone map change, it include the contingency that this approval is subject to annexation. Mr. Keith Swenson, consultant representing the applicant, stated the subject property is a rather significant one to Bozeman's history. He stated it was built in the 1860's and is an important part of the community's agricultural/commercial heritage. He noted that the 02-22-94 ..- --..........-....-.-.--.- ....-------.----.-..-- - 22 - renovation of this facility, remaining sensitive to its original appearance and use, will make this property an asset to the community once more. Mr. Swenson noted that, given the property's configuration, size and location, it is difficult to work with. He stated that it is important to remember the stock yards on one side . and single-family residential on the other as renovation of this site proceeds, to ensure that compatibility is maintained. Mr. Swenson stated that meetings have been held with the neighbors to discuss re- use of this facility; and additional meetings are planned as the process unfolds. He stated that they are beginning the Planned Unit Development process; and many of the questions and concerns about impacts, such as traffic, parking and noise, will be addressed at that time. Mr. Jim Bowles, President of Bozeman Livestock Sales Company, stated he has no objection to the proposed rezoning as long as the increases in traffic, parking and people can be adequately addressed without negatively impacting the roads around his property. He also asked that steps be taken to ensure that he is not faced with lawsuits in the future because of his operation, and its attendant smells. He stated that, even though they make every effort . to run a clean operation, smells from cattle, sheep and horses will occur on occasion. Mr. Bowles noted the economic value which his business provides for Bozeman and the valley. He stated that cattle and sheep from as far away as Kalispell are brought in for sale, noting they run from $14 to $20 million in livestock through the ring every year. He noted they also have 20 to 25 full-time and part-time employees; and he feels it is important to protect the business from the potential of future legal problems. He noted that this business was started in the current location in 1939; and it lies within the appropriate zoning district. Mayor Vincent noted that the Commission has received a copy of Mr. Bowles' letter, dated January 11, in which he forwards his concerns. He stated that is a part of the record of this public hearing. City Manager Wysocki suggested to Mr. Bowles that he continue to forward his . concerns with each step of the process, to ensure that it is addressed at the appropriate time. Commissioner Stiff stated he shares Mr. Bowles' concerns. He noted that if this issue can be appropriately resolved at the Planned Unit Development level, that would be acceptable. He emphasized the importance of ensuring that the livestock yards operation is protected, 02-22-94 .__n__.__.. - 23 - stating it would be regrettable if that established business were to encounter problems in the future because of redevelopment of the old Story Mill site. Mr. Swenson stated that he and Mr. McCrone recognize the concerns which Mr. Bowles has forwarded. He then noted that it may be possible to address this issue within the . PUD or through the agreement with the lessees. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. City Attorney Luwe reminded the Commission that if they approve this requested zone map change, staff will bring back an ordinance to complete the process. He stated that if the Commission's vote includes the contingency that the annexation process must first be completed, staff will bring the ordinance back after the annexation has been completed. There were no Commissioner objections to waiving of the customary one-week waiting period for land use decisions, sO'the Commission proceeded to the motion and vote. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the Zone Map Change from A-S, Agriculture--Suburban, and R-S, . Residential--Suburban, to BP, Business Park, as requested by Edward C. McCrone, The Mill, Ltd., under Application No. Z-93174, on a 13.4247-acre tract known as Tract 1, Certificate of Survey No. 1224, located in the Southwest one-quarter, Section 32, Township 1 South, Range 6 East, Montana Principal Meridian, contingent upon finalization of the annexation process. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. Public hearing - Conditional Use Permit - Frank Seitz - allow change from non-conforming use as auto reDair ShOD to another non-conforming use as a cabinet ShOD - west 16 feet of Lot 23. Lot 22. and east 6 feet of lot 21. Block F. Rouse's First Addition (428 East Mendenhall Street) (Z-93179) . This was the time and place set for the public hearing for Conditional Use Permit requested by Mr. Frank J. Seitz and Dr. Frank C. Seitz under Application No. Z-93179 to allow change from non-conforming use as an auto repair shop to another non-conforming use as a cabinet shop on the west 16 feet of Lot 23, Lot 22, and east 6 feet of Lot 21, Block F, Rouse's First Addition. The subject site is more commonly known as 428 East Mendenhall Street. 02-22-94 - 24- Mayor Vincent opened the public hearing. Assistant Planning Director Debbie Arkell presented the staff report. She noted the subject property is located across the alley and slightly to the east from City Hall. She stated that Mr. Frank Seitz and Dr. Frank Seitz are requesting a Conditional Use Permit to allow a ;. change from use by Sure-Fire Auto to use by McPhie Cabinetry, both of which are non- conforming uses in the B-3, Central Business, District. The Assistant Planning Director stated that no changes are proposed to the site under this application. She stated that the existing 2,000-square-foot structure, which fronts on East Mendenhall Street, has a garage door in each end so that vehicles can be driven through the building. She noted that there are two off-street parking spaces in the front yard; and there is an area behind the building in which several vehicles may be parked. Assistant Planning Director Arkell then reviewed the adjacent land uses, which include an elementary school to the north, the union hall to the west, apartments and McPhie Cabinetry to the south, and a single-family residence to the east. The Assistant Planning Director stated that staff has reviewed this application in light . of the nine criteria set forth in Section 18.50.160.F. of the zoning ordinance for change from one non-conforming use to another non-conforming use; and a detail of that review is included in the written staff report which has been forwarded to the Commission. She summarized those findings, stating that the proposed use would generally be less non-conforming and create fewer impacts than the current use. She stated, however, staff would recommend that parking in the front be eliminated, thus eliminating the hazards of backing onto a busy arterial street. The Assistant Director stated that staff also reviewed this application in light of the six criteria for review of Conditional Use Permits, as set forth in Section 18.53.030 of the zoning ordinance; and a detail of that review is also contained in the written staff report. She summarized those findings as well, noting that to replace the parking spaces in the front with . landscaping would enhance the property. She also noted that the staff has identified conditions which would ensure that the public health, safety and welfare are protected. Assistant Planning Director Arkell stated that the applicants and their representative stated their disagreement with the staff's recommendations that oft-street parking spaces, the driving aisles and the alley from North Church Avenue to the west edge of the property be 02-22-94 ..------.---. --- --_.~.._-.---- -. ...--.----.---..-..--.- .:::r--.-.---"-.-----.. - -.... - 25 - paved. She stated that the applicant's disagreement was based on the fact that the proposed use will generate less traffic and the fact that the existing parking has been adequate to date. The Assistant Planning Director stated that the proposed re-use is for storage and limited counter top manufacturing in conjunction with the McPhie Cabinetry business across . the alley. She emphasized that manufacturing will be done on a limited basis; and a maximum of two employees will be at this location. She noted that no customers will be visiting this site, but will utilize the store, which fronts on East Main Street. The Assistant Planning Director stated that the City-County Planning Board conducted its public hearing on this application during its regular meeting of February 1, 1994. Following that hearing, at which no public testimony was received, the Planning Board recommended approval, subject to ten conditions. She noted recommendation does not include any requirement for paving of the off-street parking or the alley. She noted, however, that a photo taken in May 1991 shows nine vehicles parked behind the subject building and no evidence of ruts. She stated that seems to indicate that the parking area is essentially hard surfaced by use. . Commissioner Stiff noted that in the Planning Board meeting, Mr. Anacker asked that the applicant be allowed to sign a waiver of right to protest future participation in improvements to the alley; but that issue is not reflected in the minutes or in the Board's final action. He then suggested it would be in the City's best interests to accept that waiver. Mr. Tom Anacker, attorney representing the applicants, stated that under this requested Conditional Use Permit, the applicants propose to lease the subject site to McPhie Cabinetry for a period of two years, with the site being used for storage and limited counter top manufacturing. He noted that Assistant Planning Director Arkell has reviewed the application very well, summarizing the issues surrounding the application. He then stated that the applicants are still willing to execute a waiver of right to protest future improvements to the alley. He then encouraged Commission approval of the application, as recommended by . the Planning Board. Assistant Planning Director Arkell stated her notes from the Planning Board meeting reflect that the Planning Board did accept the applicant's offer to sign a waiver; however, that issue was not reflected in either the minutes of the meeting or the resolution forwarding the Board's recommendation to the Commission. 02-22-94 .-- ....--. . --...-- --. .--....------- . - -....... - 26- No one was present to speak in opposition to the requested Conditional Use Permit. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. There were no Commissioner objections to waiving of the customary one-week . waiting period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission approve the Conditional Use Permit requested by Mr. Frank J. Seitz and Dr. Frank C. Seitz under Application No. Z-93179 to allow change from non-conforming use as an auto repair shop to another non-conforming use as a cabinet shop on the west 16 feet of Lot 23, Lot 22, and east 6 feet of Lot 21, Block F, Rouse's First Addition, subject to the following conditions: 1. That the existing two parking spaces in the front yard be eliminated, and the area be landscaped in accordance with a landscape plan approved by a certified nurseryman; 2. Adequate snow storage areas must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder); . 3. That the applicant shall provide and file with the County Clerk and Recorder's Office an executed Waiver of Right to Protest the Creation of a Special Improvement District for paving of the alley behind the subject property; 4. A Certificate of Appropriateness for any future sign(s) must be received prior to installation of any sign(s); 5. That eight (8) copies of the final site plan containing all of the conditions, corrections and modifications approved by the City Commission shall be submitted for review and approved by the Planning Director within six months of the date of City Commission approval. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. Detailed cost estimates, construction plans, and methods of security shall be made a part of that Agreement; . 6. A building permit for any interior remodeling must be obtained prior to the work, and must be obtained within one year of final site plan approval. A building permit will not be issued until the final site plan is approved. No site work may occur until the final site plan is approved; 7. If occupancy of the structure is to occur prior to the installation of all improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements 02-22-94 --....-.-...-- -------- -.-..-----..------ -. - 27 - not yet installed. Said method of security shall be valid for a period of not less than 12 months; however, all on-site improvements shall be completed by the applicant within nine months of occupancy to avoid default on the method of security. 8. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure; . 9. That all of the special conditions shall constitute restrictions running with the land use and shall be bindings upon the owner of the land, his successors or assigns; 10. That all conditions specifically stated under any Conditional Use listed in this Ordinance shall apply and be adhered to by the owner of the land, successors or assigns; and 11. That all of the special conditions shall be consented to in writing by the applicant prior to final site plan approval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. Public hearing ~ Conditional Use Permit ~ Francis Farr for Farr Automotive SDecialists - allow construction of a 6.238-sauare-foot automobile reDair facility on Lot 18 and the north 40 feet . of Lot 17. Block 1. North 7th Addition (505 North 5th Avenue) (Z-93180) This was the time and place set for the public hearing on the Conditional Use Permit requested by Francis Farr for Farr Automotive Specialists, under Application No. Z-93180, to allow construction of a 6, 238-square-foot automobile repair facility on Lot 18 and the north 40 feet of Lot 17, Block 1, North 7th Addition. The subject site is more commonly known as 707 North 5th Avenue. Mayor Vincent opened the public hearing. Senior Planner Dave Skelton presented the staff report. He stated that under this application, a new 6,238-square-foot building is to be constructed on an 0.7-acre parcel, and is to serve as the new location of Farr Automotive Specialists. He stated that the building is to include two separate functions: a general repair area, and an area which accommodates the . parts room, employee break room, rest rooms and office/waiting area. He noted that the applicant is proposing two signs in conjunction with this project, both of which meet provisions of the sign code. Senior Planner Skelton stated that, since the west half of the subject site is located within the North 7th Avenue entryway overlay district, the Design Review Board has reviewed 02-22-94 - 28 - this application. He noted that the subject parcel is generally screened from North 7th Avenue by mature evergreen trees. He stated that the proposed metal building with asphalt shingles is consistent with surrounding development in the area. After reviewing the application and the surrounding development, the Design Review Board forwarded its recommendation for . approval, subject to four conditions. The Senior Planner stated that staff has reviewed this application in light of the six criteria set forth in Section 18.53.030 of the zone code; and a detail of those findings is included in the written staff report which has been submitted to the Commission in their packet. He stated that, as a result of that review, staff recommended approval, subject to seventeen conditions. Senior Planner Skelton briefly highlighted some of the findings contained in the staff report. He noted that North 5th Avenue is a City street with a 50-foot-wide right-of-way; however, it is not improved to City standards. He stated that the City Engineer indicated the street should be improved to meet those standards, with curb, gutter and sidewalk along the subject property's street frontage as a part of this project, or the applicant could be required . to sign a waiver of right to protest the creation of an SID for those improvements. The Senior Planner stated that this proposed development is consistent with surrounding developments and land uses, which include an auto body shop and an auto parts store, vacant land, the Darlinton Manor and parkland. He further noted the proposal is consistent with the zone code and the master plan. Senior Planner Skelton stated that the Fire Marshal has asked that the applicant forward information on the exact type of work to be performed in this building. He noted this request is due to concern about the potential of welding or use of open flame. He stated the applicant has indicated it is not his intent to either weld or use an open flame in his operations. The Senior Planner stated the City Engineer suggested that the applicant consider a dry shop instead of installing an oil separator. The applicant has indicated, however, that he . prefers to install an oil separator and is proceeding with that type of plan. Senior Planner Dave Skelton stated that the Planning staff has received no public testimony on this application. He noted that the Planning Board considered this application at its February 15 meeting; and the Board has forwarded its recommendation for approval, subject to seventeen conditions. 02-22-94 ._._.._ ._._. _.____.___..u__.__._.....__._._ ..._ .___._ .... _ _.._ . .__. __,,_ ._...____. ___.. .. _ _..n__....~ - 29 - Responding to Commissioner Frost, the Senior Planner indicated that scuppers are proposed in the east, northeast and west sections of the continuous curbing around the parking lot, to allow drainage into the detention area. Mr. Robert Pertzborn, applicant's representative, indicated a willingness to respond . to questions. No one was present to speak in opposition to the requested Conditional Use Permit. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. There were no Commissioner objections to waiving of the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission approve the Conditional Use Permit requested by Francis Farr for Farr Automotive Specialists, under Application No. Z-93180, to allow construction of a 6,238-square-foot automobile repair facility on Lot 18 and the north 40 feet of Lot 17, Block 1, North 7th Addition, subject to the following conditions: . 1. That the applicant submit documentation to the Planning Office of correspondence forwarded to the City Fire Department outlining the exact type of auto repair work to be performed (specifically welding or the use of open flames) and the owner's intention to notify the Fire Department of any change in the type of work performed in the future prior to final site plan approval; 2. That the applicant display the business street address such that it is clearly visible from the street frontage for review and approval by the Fire Department prior to occupancy of the proposed facility, and that it be noted accordingly on the site plan; 3. That the applicant install a concrete curb, gutter and sidewalk along the property frontage of North 5th Avenue with development of the property, and if the City Engineer finds that current street conditions will not allow the improvements to the existing street, the applicant shall sign waivers of right-to-protest creation of special improvements districts for improvements to North 5th Avenue prior to final site plan approval; 4. That the applicant address all of the conditions of approval . recommended by the Development Review Committee as outlined in the memorandums acted upon by the DRC on Tuesday, January 19, 1994, prior to final site plan approval; 5. That the applicant comply with Section 18.50.120.C.4 of the Zoning Ordinance for automotive repair facilities, and that all applicable standards be addressed accordingly on the site plan for review and approval by the Planning Office; 02-22-94 -.--...-. - 30- 6. That the site plan delineate the existing fire hydrant along North 5th Avenue, that the required boulevard tree adjacent to the fire hydrant be relocated a minimum of ten (10) feet from the fire hydrant, and that the site plan note the locations accordingly prior to final site plan approval; 7. That the applicant identify the storage of any flammable and/or hazardous materials, or, if not, the applicant will submit to the . Planning Office a narrative stating that there will be no storage of flammable and/or hazardous materials prior to final site plan approval; 8. That the applicant identify the driveway along the south side of the proposed building as a "No Parking" zone, and that the typical sign details/elevations be noted on the site plan for review and approval by the Planning Office prior to final site plan approval; 9. That the application comply with the four (4) conditions of approval set forth by the Design Review Board, and as outlined in this staff report, for review and approval by the Planning Office prior to final site plan approval; 10. The right to use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure; 11. That all of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the land, his successors or assigns; . 12. That all conditions specifically stated under any Conditional Use listed in this Ordinance shall apply and be adhered to by the owner of the land, successors or assigns; 13. That all of the special conditions shall be consented to in writing by the applicant; 14. Eight copies of the final site plan and Landscape Plan containing all of the conditions, corrections, and modifications approved by the City Commission shall be submitted for review and approved by the Planning Director within six months of the date of City Commission approval, that a written response which addresses how each condition of approval has been met shall be submitted with the final site plan, and that signed copies shall be retained by the City departments represented on the Development Review Committee, and one signed copy shall be retained by the applicant; 15. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. Detailed . cost estimates, construction plans and methods of security shall be made a part of that Agreement; 16. That a Building Permit must be obtained within one (1) year of final site plan approval. Building permits will not be issued until the final site plan is approved. No site work, including excavation, may occur until a Building permit is issued; and 17. If occupancy of the structure or commencement of the use is to occur prior to the i nsta Ilation of all improvements, the 02-22-94 -....--- - 31 - Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. Adjournment - 8:47 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stueck, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. . . 02-22-94 ---.-.... - -----....-----.-- -- -. -.. - --.-. - 31 - Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. I. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. Adjournment - 8:47 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stueck, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. . ATTEST: ~oIxL~ ROBIN L. SULLIVAN Clerk of the Commission . 02-22-94