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HomeMy WebLinkAbout1992-07-20 ccm ....-- ....' ~., . .. , f MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA July 20, 1992 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 20, 1992, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Acting City Manager 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 Mayor Swanson deferred action on the July 13 minutes for a period of one week. .proclamation - "Kumamoto Art Week" - Julv 20-26, 1992 Acting City Manager Luwe noted that the Mayor had requested this item be placed on the agenda. Mayor Swanson, through an interpreter, welcomed nine Japanese artists who are in Bozeman to celebrate Kumamoto Art Week, including Mr. Koji Yoshi, Mr. Toshinobu Takamitsu, Mrs. Keika Hiratsuka, Mrs. Kashiko Kondo, Mr. Ryouichi Nagano, Mr. Ryuichiro Kamei, Mr. Yoshikazu Kawaguchi, Mrs. Yukiko Takamitsu, and Mr. Keizou Ideta. He thanked them for their wonderful gift of their talents and their time to Montana, noting it is an honor to host them in this beautiful state. The Mayor then read the proclamation for Kumamoto Art Week. . Mr. Toshinobu Takamitsu, through the interpreter, extended, on behalf of all the artists, heartfelt appreciation for the tremendous amount of cooperation and time and energy that have gone into this art festival. He noted this provides an opportunity for the Japanese artists to show their new born art forms, which have been born out of the traditional arts in Japan. Mayor Swanson then presented the proclamation to the group as well as a certificate of honorary citizenship to each artist. 07-20-92 " - 2 - Reauest for aualifications for architectural services for Senior Social Center Acting City Manager Luwe noted that, included in the Commissioners' packets, was a memo from Assistant City Manager Brey, dated July 15, along with a letter from Judy Morrill, Director of the Bozeman Senior Center, dated July 7. . Mrs. Judy Morrill provided a brief history of the Bozeman Senior Center building, which was constructed in 1979 through a City general obligation bond issue that was paid off in 1989. She noted that when the building was constructed, the Senior Center had a membership of 700 people; and the building was built with the idea that it would meet their needs for ten to thirteen years. She stated that the basement was unfinished under the original construction; and it was finished six years ago to provide additional space for offices and meeting rooms as well as storage. She noted that now, thirteen years later, the building needs to be expanded to meet the needs of the senior membership, which totals over 1700. Mrs. Morrill noted that, in addition to an increase in the membership, the services provided have expanded as well. She noted the nutrition program is the foundation of the senior program; and it has doubled over the past eight years. She noted that the Meals on Wheels program has .triPled in that period of time, from 35 meals a day to 110 - 120 per day; and they are being provided to the homebound as well as the seniors in Gallatin County instead of just Bozeman. She also noted an increase in the programs provided, which include the outreach program and several assistance programs. She stated the Center has received a grant to work with developmentally disabled seniors and those near senior age; and that program is going very well. She also noted that the assistance programs, which are coordinated through the Center, help to keep seniors in their homes for as long as possible. Mrs. Morrill stated that, since the senior programs provide services for people ranging in age from 50 to 100 +, they must be diversified; and the demand on those services will increase as the percentage of senior citizens in the community increases. She noted that by 2020, one- .fourth of the population will be over 60 years old, with the biggest percentage being over 85. Mrs. Judy Morrill stated that, in an attempt to address the upcoming needs, the Senior Center established a Building Expansion Committee. She noted that two of its members, Paul Schofield and Arnold Plowman, are present at this meeting. She stated that the purpose of the Committee was to review the current and future needs of the Center and develop a plan for expansion of the building. She noted that they have now developed a viable plan for that 07-20-92 _...,-..,..-:-:,...,- ,.' - 3 - expansion, which is to be done in two phases. Mr. Arnold Plowman stated that the first phase is for a 25-foot by 48-foot expansion that will house three offices and a meeting room on the main level, with additional office, meeting and storage space in the basement. . Mrs. Morrill noted this is the immediate need, since two new staff people have been added through new grants; and they have no offices and must share desks. She also noted that in the basement, the rummage room is quite small; and enlarging it through the expansion would provide more area in which to store and sell the rummage items, hopefully expanding the revenues as well. Mrs. Morrill stated that the Seniors have raised $105,000; however, Phase I of the expansion is projected to cost $150,000, so they need City assistance. She requested that the City do this by backing the $45,000 loan that will be needed, with the Seniors raising the monies to pay back that loan through various fund raising efforts. Mrs. Morrill then noted that the second phase, which is estimated to cost $350,000 to $400,000, will include a 36-foot-wide expansion along the west end of the building. She noted that in 1979, when the building was originally constructed, it was built 36 feet shorter on the west .than shown on the plans to keep the costs down. She noted that on a typical day, the Center serves lunch to 140 - 150 people; and the dining room is full. Mr. Arnold Plowman stated that this expansion would provide the space to expand the dining facilities as well as additional restrooms and stairs to the basement level, where there would be space for restrooms, three additional meeting rooms and mini-kitchen facilities. Mrs. Morrill noted that this expansion would allow additional space for dining as well as special events. She also noted that the need for adult day care is becoming a very real one; and they are strongly considering the possibility of using the basement for such services. Responding to Commissioner Knapp, Mrs. Morrill stated that additional heating is to be provided in conjunction with Phase II to ensure that the system is adequate to accommodate the . entire building. She noted that no air conditioning has been included, however. Responding to Commissioner Vincent, Mrs. Morrill stated it is anticipated that construction of Phase II will begin as soon as the Seniors have raised the monies, hopefully in two to three years. Commissioner Stiff stated support for this proposal, noting the tremendous amount of work they have done and the funds raised. 07-20-92 .-.-.--.---- " - 4 - Commissioner Frost asked if the design of Phase I will fit with the existing building and whether the same siding will be used. Mrs. Morrill responded it will be designed to blend with the existing building; and the siding will be as close to the same as possible, due to the time lapse. . It was moved by Commissioner Frost. seconded by Commissioner Stiff, that the Commission authorize and direct staff to proceed with requests for qualifications for architectural services for Phase I of the Senior Social Center expansion. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Commission Resolution No. 2868 for levvina and assessina sDecial assessments for city-wide street maintenance district for Fiscal Year 1992-93 Acting City Manager Luwe presented Resolution No. 2868, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2868 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 1993 UPON All REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN. The Acting City Attorney forwarded a revision to the resolution, indicating that in the second line of the second "Whereas", the word "annually" should be deleted. Mayor Swanson noted that the per-square-foot fee this year is $.00396, with a cap for residential lots of 1 ~ times the minimum lot size for the zone, asking what the original assessment was when this program began two years ago. Director of Public Service Forbes noted that the original assessment rate in Fiscal Year 1991 was $.00427 per square foot. . Administrative Services Director Gamradt reminded the Commission that last year, the assessments were adjusted to double the fee for the tree maintenance district, with a corresponding decrease in the street maintenance district assessment, so that the total was the same. He noted that a 5-percent inflationary factor was then added to each of those assessments. Further responding to the Mayor, the Director stated that this past fiscal year, the assessment generated approximately $345,000; and it is anticipated that approximately $380,000 07-20-92 -.-------.-.- . .--.. ...-- -. - . -. - 5 - in revenues will be realized this year because of the delinquencies that exist. He then stated that the tree maintenance district assessments generated approximately $90,000 last year; and $120,000 has been included in this year's budget because of a $30,000 fund balance from last year. . Commissioner Stiff stated he has questions about these assessment resolutions and the maintenance district programs; however, he noted they will probably be addressed during the budget work sessions. Commissioner Vincent stated he also has reservations about these assessments. He then asked if these assessments are deductible on one's income taxes; the Administrative Services Director responded they are not. Responding to Mayor Swanson, the Director of Public Service stated that reconstruction of the intersection of South Third Avenue and Wagon Wheel Road was done by City forces, with approximately $12,000 in materials; and those costs were incurred in the Fiscal Year 1992 budget. He then stated that the schedule of projects for this fiscal year which was distributed a few weeks ago is essentially accurate, except for some fine tuning which occurred during the budget process. .He then noted that the finalized list of projects is contained in the budget document under "gas tax". Responding to Commissioner Frost, the Director stated that organizations which pay these special assessments that do not pay property taxes include non-profit organizations, churches, school systems and Montana State University. Mayor Swanson noted that two years ago, the Director indicated the City's streets were as much as 50 percent undermaintained and asked if that is still the situation, after two years of street maintenance district assessments. The Director responded he feels it is, even though the level of maintenance has been increased on some of the City's major streets. . Commissioner Stiff noted the substantiai amount of maintenance which is needed for the existing infrastructure, particularly when coupled with the estimated $35 to $40 million it will take to implement the recommendations of the transportation plan update. Commissioner Vincent noted that on a number of occasions, he has abstained from votes of provisional adoptions simply because he has not wanted to put his stamp of approval on an item without receiving public input. He noted that he now feels it would be more appropriate to vote 07-20-92 ----- - -.....-. -'-'---'---~'_._~_.,~'... - 6 - on these items as a procedural matter to place the issue before the public for comment, with the final adoption being the actual vote of record. He noted that, with this in mind, if his vote on final adoption is not the same as on the provisional adoption, it is not because he has changed his mind but because that is his actual vote of record. . It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission provisionally adopt Commission Resolution No. 2868, as revised, levying and assessing a special assessment for the city-wide street maintenance district, and set the public hearing for August 3, 1992. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Commission Resolution No. 2869 for levving and assessing sDecial assessments for city-wide tree maintenance district for Fiscal Year 1992693 Acting City Manager Luwe presented Resolution No. 2869, as approved by the City Attorney, entitled: . COMMISSION RESOLUTION NO. 2869 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 1993 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE TREE MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN. The Acting City Manager forwarded revisions to this resolution, for inclusion in the vote. He noted that in the second line of the second "Whereas", the word "annually" is to be deleted; and in the last line of Section 1, the date should be changed from July 1 to June 1, 1993. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission provisionally adopt Commission Resolution No. 2869, as revised, levying and assessing a special assessment for the city-wide tree maintenance district, and set the public .hearing for August 3. 1992. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. ADDointment of subcommittee to review Dledged securities as of June 30. 1992 Acting City Manager Luwe reminded the Commission that the pledged securities must be 07-20-92 --. .7. reviewed quarterly according to State statutes. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission appoint Commissioner Knapp and Commissioner Vincent to review Pledged Securities as of June 3D, 1992. The motion carried by the following Aye and No vote: those voting Aye .being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Discussion - FYI Items Acting City Manager Luwe presented to the Commission the following "For Your Information" items. (1 ) Notices of special meetings for the upcoming budget sessions which the Commission had previously set. Responding to the Mayor, the Clerk indicated that no notice was prepared for the budget work session scheduled for Monday, July 27, because it is a part of the regularly scheduled Commission meeting. . (2) Copy of a letter from Code Enforcement Officer Beall to City Manager Wysocki, dated J'uly 13, forwarding the code enforcement activity report for May and June 1992. (3) Information sheet on Kumamoto Art Week in Montana 1992, which includes an agenda of activities for this week. (4) Memo to the Commission from Chris Boyd, Chairman of the Historic Preservation Advisory Commission, announcing the hiring of Derek Strahn as half-time Historic Preservation Officer for the City, effective July 20. (5) Copy of an article entitled "Pedaling police are in high gear", published in The Missoulian. Mayor Swanson noted he had included this article in the packet, after he received it from .the BABAB. He noted the number of eyeiists in Bozeman who break the laws, i.e., riding the wrong way or riding on sidewalks, is extremely high; and they tend to make the drivers of vehicles very angry. He then suggested this article may have some relevance to Bozeman, suggesting that the BABAB try to get some of the police officers from Missoula to come speak on how the use of bicycles for patrol duty has worked there. (6) Water report for the week ending July 15, as prepared by Water Treatment Plant 07-20-92 - 8 - Superintendent Dean Elliott. (7) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, July 21, in the Commission Room. (8) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, .JUIY 21. , (9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, July 21, at the Carnegie Building. (10) Agenda for the Design Review Board meeting to be held at 4:00 p.m. on Tuesday, July 21, at the Carnegie Building. (11 ) The Acting City Manager stated that he spent most of last week in meetings with various parties regarding the Buttrey's Solvent Site, including the public meeting on Wednesday evening. He noted it appears that the City will receive orders from the State regarding the hooking up of five residences to City water as well as participation in the remediation of the problem. (12) Commissioner Frost submitted the following. (1) Attended the ORB last week. (2) Requested that the staff reports on the two consent items pertaining to South Sixth Avenue .and North 20th Avenue be submitted as soon as possible. (13) Commissioner Knapp noted that while she was on vacation last week, traveling to Reno, Nevada, she came across two interesting items. (1) Reno is in the seventh or eighth straight year of drought; and while she was there, a state of emergency was declared because of the lack of water. She also noted that it is difficult to enforce water restrictions because there are no water meters in the community. (2) While passing through a mid-sized town, the radio station to which they were listening had a police report, which listed the number of arrests that had been made in various categories. She noted this seemed like good PR for the local department, and might be something to consider locally. (14) Commissioner Vincent stated that he attended a meeting between the Friends .Of the Pool, the Recreation Superintendent and two members of the Recreation and Parks Advisory Board last week, noting it was a very contentious and difficult meeting. He indicated a willingness to share additional information on that meeting at a later date. (15) Clerk of the Commission Sullivan noted her week of vacation was nice. She also noted that on Tuesday, she attended a meeting in Whitefish. (16) Mayor Swanson submitted the following. (1) Noted he had distributed a draft 07-20-92 - ----------- ----------- ---"---.- ....-- .9- handout which includes a listing of the top priority goals for FY1992-93, a listing of Commissioners and their specific interests, and a listing of the boards and commissions, as well as charts from the budget on the back. He asked for Commissioner input on this draft, encouraging each Commissioner to list about four areas of interest. (2) Stated that he welcomed 25 Japanese . visitors from Kumamoto on Wed nesday, includ ing the President of the University of Kumamoto and the editor of the newspaper. He also noted that he will be welcoming 50 students from Kumamoto this week. Consent Items Acting City Manager Luwe presented to the Commission the following Consent Items. Acknowledae receipt of cetition to close South Sixth Avenue at Harrison Street: refer to staff for review and recommendation Acknowledge receipt of cetition regardina traffic and safety croblem on North 20th Avenue: refer to staff for review and recommendation Authorize cancellation of outstanding checks and warrants Authorize reimbursement of General Fund for taxes caid for Vallev Unit lots from SID Revolving Fund Buildina Inscection Division recort for June 1992 Authorize absence of Mayor Swanson from meeting of August 3. in comcliance . with Section 7-3-4322(2)MCA Claims It was moved by Commissioner Frost, 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 Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Executive session re litigation At 4:40 p.m., Mayor Swanson stated his intent, pursuant to Section 2-3-203(4), Montana Code Annotated, to call an executive session for the purposes of discussing litigation. . Responding to the Chronicle reporter, Acting City Manager Luwe announced that the discussion is to be on the specific issue of Homestead Land and Cattle versus the City of Bozeman. He further indicated that no formal decisions are to be made at this time; and any decisions will be made in open Commission meeting. Mr. AI Knauber, reporter for the Bozeman Daily Chronicle, stated his objections to closure of the meeting, noting that the citizens are best served by open government. 07-20-92 --- - 10- Break - 4:42 to 4:48 c.m. Mayor Swanson declared a break from 4:42 p.m. to 4:48 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. .Executive session re litiaation {continuedl At 4:48 p.m., Mayor Swanson called an executive session for the purpose of discussing litigation and requested that all persons except the Commissioners, Acting City Manager Luwe, Planning Director Epple, Associate Planner Arkell and the Clerk leave the room. , At 5:50 p.m., Mayor Swanson closed the executive session and reconvened the open meeting. Recess - 5:50 D.m. Mayor Swanson declared a recess at 5:50 p.m., to reconvene at 7:00 p.m., for' the purpose of conducting the scheduled public hearing. .Reconvene at 7:00 D.m. · Mayor Swanson reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearing. Public Hearing - variances from Sections 18.34.050. 18.50.110.C.2.b.. 18.50.110.F. - Josech B. Polus to allow construction of one-storY G.890-sQuare foot warehouse on existing foundation/basement to replace structure destroyed bv fire. located at 428 North Broadwav Avenue This was the time and place set for the public hearing on the variances from Sections 18.34.050, 18.50.11 0.C.2.b., and 18.50.11 O.F of the zone code, requested by Joseph B. Polus, under Application No. C-9213, to allow construction of a one-story 6,890-square foot warehouse on existing foundation/basement to replace structure destroyed by fire on Lot 2 of the Amended . Subdivision Plat of a portion of Block 49, Northern Pacific Addition. The subject parcel is located at 428 North Broadway Avenue. Mayor Swanson opened the public hearing. Associate Planner Debbie Arkell presented the staff report. She stated this is an application for multiple variances, as follows: 1. From Section 18.34.050, which requires a 20-foot landscaped front 07-20-92 --- -- .. - 11 - setback and an 8-foot side yard setback, and further requires screening with either a decorative fence or plantings from the residential district to the west; 2. From Section 18.50.110.C.2.b., which limits drive access widths to 40-foot wide maximum; and 3. From Section 18.50.160.F., which requires that no access be closer . than 8 feet to the adjoining property. Planner Arkell stated the subject parcel is zoned M-1, Light Manufacturing, with warehousing as a permitted use. She noted that the properties across the street from the northern portion of the site are zoned M-1, while those properties across the street from the southern portion of the site have been rezoned to R-3a, Residential--two-family, medium-density, district. She noted that under the zone code, the yard requirements for an M-1 zoned property shall be the same as the adjoining zone and the building screened if a different zone is located adjacent to or across the street from the subject parcel. The Planner reminded the Commission that they considered a similar proposal to reconstruct a one-story warehouse structure utilizing the existing foundation/basement and loading dock and ramp, which included four variances, at the June 15 meeting. She noted that the .previous application was denied because the Commission felt that alternative solutions were availabie and that additional buffering should be provided. She stated that the applicant feels it is not possible to provide the 20-foot landscape strip in the front yard and retain use of loading dock, since the dock is located only 39 feet from the property line; and a 20-foot-wide driving aisle must also be provided for fire truck access. The Planner then briefly reviewed the original application, and the differences in the new application. She noted that the applicant is now proposing to pave the parking and loading/ unloading areas as well as stripe the six parking spaces. He has also expanded the landscape island at the corner of Fridley and Broadway, as originally proposed, to include a 98-foot long strip along North Broadway Avenue from the corner to the first access, within the 15-foot public right-of-way, . and extend 30 feet along East Fridley Street. She noted that this landscaping will essentially screen this development from the residential zoning district, although not to the extent provided in the zone code, since it would include the use of aspen trees and Potentilla shrubs. She stated the applicant proposes to retain two of the three existing driveways, including the 90-foot-wide curb cut which services the loading dock. Associate Planner Arkell stated that staff reviewed this application in light of the three 07-20~92 .-----.-.. .-.-.----- -.----.".. - 12 - criteria established by the Montana Supreme Court, and found it to be in general compliance. She noted that to require a 20-foot-wide landscape strip along the front yard would create a hardship, eliminating the driving aisle which is essential. She also noted that to not allow the 90-foot-wide curb cut to remain would effectively limit the use of the existing loading dock, not providing access .to all four of the units into which the applicant proposes to divide the structure. She then stated that this structure has a common fire wall with the adjacent building; therefore, to allow an access within eight feet of that property line is appropriate. Planner Arkell stated that the Development Review Committee reviewed the new proposal and noted it is not ideal to block the street with trucks. She also noted that, as a result of that review, one parking space must be relocated to maintain the 20-foot-wide driving aisle. She noted that the new zone code encourages reconstruction on existing lots which meets the provisions of the code. She noted that while this application does not fully comply, it generally meets the intent of the code. She stated that, as a result of those reviews, staff recommends approval of the three requested variances, subject to four conditions. She reviewed these conditions, which include the relocation of one parking space, planting of additional Potentilla, the signing of an Improvements .Agreement for the installation of improvements, and acquisition of a building permit within six months. Mr. Dan Kamp, Cikan Architects, indicated he is representing the applicant. He noted the applicant's intent to screen as much of the project as possible from the residential area immediately across the street. He stated that he has met with the staff on various occasions regarding this application; and the applicant has no problem with the conditions that have been recommended. He then encouraged approval of the application. Commissioner Frost asked about the existing block walls at the south end of the structure, suggesting the possibility that they be removed. Planner Arkell responded that the Building Inspection Department has registered a concern .about whether they could be utilized in the reconstruction; however, she does not know their final determination. Commissioner Frost stated he is not comfortable with all of the landscaping being provided in the public right-of-way. He also stated he feels a sidewalk should be required, noting it could even be installed next to the curb. He further noted an interest in the removal of the two existing walls, and continuation of the loading dock to the south end of the building with the second curb 07-20-92 .- ..------.,----.-. =----...-.. -~.. .-.--- - 13 - cut being eliminated. He then stated this new plan does not meet the concerns he had expressed at the previous meeting, although it is much better than the original plan. He also questioned why aspen trees were deemed appropriate, when large canopy trees are required for every 50 feet of street frontage. . Planner Arkell reminded the Commissioner that with the existing foundation and loading ramp, there must be "give and take" in developing a viable project. She then stated that if the Commission so desires, it could require the installation of large canopy trees instead of aspen trees. Commissioner Stiff stated he has no problems with the application or the conditions recommended by staff. Responding to Mayor Swanson, Planner Arkell stated the ORC suggested that access from the south end be considered for the southernmost unit, which would allow for closure of the small access onto Broadway. Responding to the Mayor, Mr. Kamp stated that Mr. Polus has not been receptive to the idea of access from the southern end because of his desire to divide the structure into four separate units and the fear that such an access would limit his ability to divide it. He noted that Mr. Polus .oes not want to limit the structure to only one or two uses, particularly since many of those businesses wishing to relocate there have need for much smaller spaces. He noted that because of his losses in the fire, the applicant has a limited budget with which to reconstruct the building; and the new structure will be substantially smaller than the one which burned. Responding to Commissioner Knapp, the Planner indicated that any time a change in an industrial use is sought adjacent to another zone, the screening and buffering requirements must be addressed. Responding to Mayor Swanson, Mr. Kamp stated it would be difficult to extend the northernmost landscape island to correspond with the line between R-3a and M-1 across the street because it will eliminate use of a portion of the dock space. . Mr. Mark Spencer, 411 North Broadway Avenue, stated he lives across the street from this project. He stated he can sympathize with Mr. Polus and his financial constraints. He stated this plan is substantially better than the previous plan and, as a resident across the street, he supports it. He then addressed the issue of requiring a sidewalk, noting there are currently sidewalks along only the west side, and then only in places. He also noted the uncertainty about whether development of the property immediately to the south of this site will include sidewalks. 07-20-92 ------.-. - , . - 14 - He stated that, as a resident immediately across the street from the subject industrial development, he would prefer landscaping to a sidewalk. Mr. Spencer then questioned the need to leave the cinder block walls on the south end of the structure, noting that their removal could enhance the appearance of the new structure. He .also noted that the 24-foot by 24-foot building on the south end of the property has .seen better days". Mr. Don Bachman, 109 North Broadway Avenue, stated he understands Mr. Polus' desire to reconstruct a warehouse building on the existing basement and foundation, making the site useful once again. He noted, however, that the site is still listed for sale. He then stated he feels that access from the south should be considered further, particularly since this is a corner lot. He stated there is a considerable amount of traffic on North Broadway Avenue; and if semi-trucks which are 40 to 60 feet in length back into the loading dock, they will extend into the street, blocking one lane of traffic. He suggested that the Commission consider limiting how semi-trucks park at the site, noting that to pull in parallel to the dock and unload from the side would be ideal, or consider restricting delivery vehicles to a smaller size. He noted that in the draft transportation .Plan update, Broadway is designated as an interim truck bypass, which will further increase the potential for conflicts if tractor/trailer units are parked partially in the street. Mr. Bachman then stated he does feel that the plan is much improved. He cautioned, however, that while the large trees and shrubbery may look nice, care must be taken the ensure that they are not installed in a manner that will impede traffic circulation on the lot in the future. He suggested that one option might be to plant lilacs in lieu of some of the trees, since they could easily be driven over by a fire truck or other emergency vehicle. Mr. Bachman stated an interest in maintaining an option to install a sidewalk, particularly if the property to the south is developed with one. Mr. Dan Kamp responded to some of the issues raised, noting that larger canopy trees . could be substituted for the aspen trees if the Commission so desires. He noted that aspen trees had been chosen because of their lower profile and canopy, which would provide a better screening of the building than a larger canopy tree would. Responding to Commissioner Knapp, Mr. Kamp stated the 24-foot by 24-foot building is currently used for storage. He stated that Mr. Polus has indicated his intent to remove that building at some time in the future. 07-20-92 --- -.----- ------..-....- --. -..--... ....-..---.. -.-- - .-.... , " - 15 - Responding to Commissioner Vincent, Mr. Kamp reminded the Commission that the one- story structure to be constructed at this site is much smaller than the building which burned. He then stated that with the building being divided into four units, it is likely that the vehicles which deliver to those businesses will be much smaller than those that would deliver to a business which .0ccuPied the entire structure. He noted, therefore, that under Mr. Polus' plan, the issue of blocking traffic with semi-trucks should not become an issue. He then stated that a review of traffic patterns reflects that a majority of traffic moves from north to south, with the volume of traffic increasing closer to Main Street. He suggested that any semi-truck deliveries should have little impact on that traffic flow because of those patterns. Commissioner Vincent stated he does not wish to create a situation through approval of this application which will result in a real problem in five to ten years. Responding to Commissioner Frost, Mr. Kamp stated this is the first time the sidewalk issue has been raised. He noted that, without any other sidewalks in the immediate vicinity, he questions the need for an immediate installation. He also cautioned that installation of a sidewalk will result in reducing the width of the landscape buffer by five feet. . Responding to Commissioner Frost, Mr. Kamp stated he does not know at this time whether the existing block walls at the south end of the old structure are to remain or if they can be altered or removed. Responding to Commissioner Knapp, Planner Arkell stated that generally, sidewalks have not been required in the M-1 zone because of the lack of sidewalks in those types of areas. She noted, however, that the Commission could order in sidewalks in those portions of the community if it so desired. She then noted that at the present time, a sidewalk along this property would not join any other sidewalk on this side of North Broadway Avenue. She suggested that the landscaping could be installed to accommodate sidewalks in the future, particularly since the berming which is proposed will be relatively low. . The Planner then noted that to address the concern raised about truck traffic on North Broadway Avenue, the Commission could add a condition which would limit or restrict the use of large semi-trucks to the subject site. She also noted that condition could be structured in such a manner that it would carry forward through a lease or a buy/sell agreement. Responding to Commissioner Vincent, Planner Arkell stated that the distance from the back of the curb to the property line is 15 feet rather than the standard 11 feet. She noted that 07-20-92 -..-..-.--- -....-...-- .-. - -.---- ,- ~ -. ---.--- , " . - 16 - at the present time, the Engineering Department is uncertain about where a sidewalk would be located within that wider right-of-way. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the public hearing' be continued to 3:30 p.m. on Monday, July 27, to allow adequate time for response to the .qUestions and concerns raised. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Stiff and Commissioner Vincent; those voting No being Commissioner Knapp, Commissioner Frost and Mayor Swanson. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No being Commissioner Stiff and Commissioner Vincent. Mayor Swanson closed the public hearing. Responding to Planner Arkell, Commissioner Frost stated that the City's sidewalk policy allows for sidewalks to be installed around existing landscaping; therefore, exact location of the sidewalk is not critical at this time. He also indicated he does not feel the sidewalk needs to be .installed at this time; however, provision should be made for its future installation. Commissioner Knapp asked if a sidewalk can be delineated on the paved area. Mayor Swanson stated an interest in a possible condition which would eliminate semi- trucks loading and unloading at this site and blocking traffic on North Broadway Avenue. He also asked if the Commission has any authorization to add a condition concerning the small building under this application, concerning either possible removal or screening. Responding to additional questions from the Mayor, Planner Arkell cautioned that any northward extension of the landscape island will result in displacement of additional parking spaces, because of the need to maintain a 20-foot-wide driving aisle. She noted that this could result in the need to provide parking on that portion of the lot lying south of the building, which would either .need to be paved or a variance sought to allow it to remain unpaved. Responding to Commissioner Stiff, the Planner stated that the Commission may attach conditions to approval of the three requested variances, or it may limit the extent to which the variances are approved. She noted, however, that the Commission may not expand on the variances requested, and it may not modify approval of the requested variances to the point that they result in an additional variance. 07-20-92 -.--.--- - -.-...... . no _._._.__...______.____.___ , . . - 17 - Commissioner Stiff noted care must be taken in modifying the requested variances, since the public hearing portion has been closed. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission defer this land use decision for a period of one week, to allow staff adequate time to .respond to the questions and concerns raised. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Adjournment - 8:05 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. . ATTEST: ~-IJ;~ R IN L. SULLIVAN Clerk of the Commission- . 07-20-92 -----..-. ---... - ____om ._ .._.... --.....