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HomeMy WebLinkAbout1992-01-21 ccm . 1 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 21, 1992 *********************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, January 21, 1992, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Stiff, Commissioner Vincent (until 8:00 p.m.), Commissioner Knapp, 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 consent items be removed for discussion. Minutes - Januarv 13. 1992 It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes of the regular meeting of January 13, 1992, be approved as amended. 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. Pledged Securities as of December 31. 1991 In compliance with the provisions of Section 7-6~201 to 7-6-212, M.C.A., Commissioner Frost and Commissioner Stiff have examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. The inventory of Depository Bonds and Pledged Securities was found to be in order. Mayor Swanson appointed Commissioner Stiff and Commissioner Vincent to be the next subcommittee for the next quarter's examination of the Depository Bonds and Securities. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the . Commission approve the inventory of the Depository Bonds and Pledged Securities as of December 31, 1991, and a listing of these be set forth as follows: 01-21-92 -...-.. .-.--.-. .--.....---.-.. . . - 2 - DEPOSITORY BONDS AND SECURITIES DECEMBER 31, 1991 RATE MATURITY RECEIPT NO. TOTAL AMOUNT FIRST SECURITY BANK - Bozeman .Federal De~osit I~surance Corporation $ 100.000.00 .. Trusteed with United Bank of Denver: MN Hsg Fin Ag 9.10 02/01/93 144337 100,00 0.00 Blaine, MN GO Tax Incr 8.10 02/01/97 478054 100,000.00 Saint Cloud, MN GO Rfdg 8.25 02/0197 478625 100,000.00 Federal Farm Credit Banks 8.80 03/15/95 924522 500.000.00 Sub- Total - First Security Bank - Bozeman $ 800.000.00 Pledged Amendment to ReDurchase Aqreement: Trusteed with United Bank of Denver: Student Loan Marketing Assn Var. 08/24/92 891589 $1,000,000.00 . Trusteed with American National - Bank and Trust Co. of St. Paul: Federal Natl Mortgage Assn 8.90 02/10/95 664755 500,000.00 Federal Home Loan Bank 8.90 OS/25/93 667372 250.000.00 Sub- Total - Repurchase Agreement $1.750.000.00 TOTAL - First Security Bank - Bozeman $2.550.000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the American Bank and Trust Company of St. Paul and the United Bank of Denver for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of December 31, 1991, by the several banks of Bozeman and approve and accept the same. . TIMOTHY SWANSON, Mayor JOE N. FROST, Commissioner BEVERL Y H. KNAPP, Commissioner ALFRED M. STIFF, Commissioner JOHN C. VINCENT, Commissioner 01-21-92 ---.-- -..----- - 3 - 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. Discussion - FYI Items . City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Notice of a public information meeting scheduled by the Department of Health and Environmental Sciences for 7:00 p.m. on Wednesday, January 22, at the SUB regarding the proposed hazardous waste burning rules. (2) Summary of the five-year capital program for the water and sewer funds, which will be updated during review of the rates. (3) Copy of a letter from the Greater Yellowstone Coalition to the Gallatin County Commissioners, dated January 8, 1992, regarding the Holnam proposal for burning of hazardous wastes at the Trident cement plant. . (4) Letter from the Montanans Against Toxic Burning, inviting the Commissioners to attend a meeting at 4:00 p.m. on Tuesday, January 28, at the Bozeman Public Library, regarding burning of hazarous wastes. (5) Invitation to an open house scheduled for 2:00 p.m. to 9:00 p.m. on Friday, January 24, at the Pioneer Museum. (6) Copy of a letter from Planning Director Epple to R. Walter Connell, dated January 17, regarding Mr. Zakovi's application for HMU zoning for Blocks 51 and 52 of the Northern Pacific Addition. (7) Agenda for the County Commission meeting to be held on Tuesday, January 21, along with minutes for their January 14 meeting. (8) Agenda for the DRC meeting to be held at 10:00 a.m. on Wednesday, January e22. (9) Agenda for the DRB meeting to be held at 4:00 p.m. on Wednesday, January 22. (10) Memo from Assistant to the City Manager Ron Brey, dated January 21, forwarding information from the recent TIFID Board meeting. 01-21-92 -------------- - 4 - (11 ) The City Manager submitted his weekly report, as follows. (1) Noted extensive staff discussions in preparation for the scheduled Commission discussion on the annexation policy. (2) The City has collected between 10 and 12 tons of Christmas trees and chipped about half of them. (3) Met with residents in the Lindley Park area about the proposed planting of street trees . along Cypress Avenue, noting those residents have requested permission to address the Commission at next week's meeting. He reminded the Commission that these street trees are to be planted through the urban forestry grant which the City recently received; and they are not part of the proposed master plan for development of the park. (4) Attended the DARE graduation ceremonies at the Willson School on Thursday evening. (5) Attended the Chamber of Commerce annual dinner on Friday night, where Norm Wallin was awarded the Sperry Award for outstanding business person. (6) Announced alarming statistics from the Police Department, including six hit and run accidents, one of which involved injuries to a pedestrian. (12) Commissioner Frost stated that he attended the meeting at the Willson School regarding the Trident hazardous wastes burning proposal, and the DBA meeting last week. (13) City Attorney Luwe submitted the following. (1) Stated he met with various . representatives from the Gallatin Valley Domestic Abuse and Intervention Program last week, noting that several aspects of the program were discussed as well as possible legislative changes. (2) Announced that he has received notices of two claims which have been filed with the State Torts Claims Division. He stated this step must be taken before an individual may file a lawsuit against the City, stating he does not anticipate that either of these claims will proceed much further through the legal process. He noted, however, that he has placed the MMIA on notice. (14) Clerk of the Commission Sullivan announced that she has obtained a minute indexing program from the City of Great Falls for her new computer system. ( 15) Mayor Swanson submitted the following. (1) Noted the good summary of the issues surrounding the Holnam application which is contained in the letter from the Greater Yellowstone Coalition. (2) Attended the DARE graduation ceremonies. He suggested that letters . of congratulations on the program be forwarded to Officers Mel McCarver and Linda Sanem and Chief of Police Boyer. (3) Requested an agenda item for Jackie Stonnell, Gallatin County Health Officer, to provide an update on their progrms at the February 10 or 24 meeting. (4) Met with the DBA last week, where he gave a presentation on the Performing Arts Center. He noted that concerns about parking in the downtown area were raised at that meeting. 01-21-92 ------ -.--.-- -. . --_.,~'-----_._--- - 5 - Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Authorize City Manaaer to sian - Chanae Order No.1. Disinfection System Modification at WWTP - R.H. Grover. Inc - add $2.036.00 and 2 calendar days Claims . It was moved by Commissioner Vincent, seconded by Commissioner Knapp, 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 Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. Work Session A. Review of annexation policy Present for this portion of the work session were Associate Planner Debbie Arkell; Assistant to the City Manager Ron Brey; Direc"i:or of Public Service Phill Forbes; and Roger Craft, 715 West Koch Street. . City Manager Wysocki noted that a copy of Commission Resolution No. 2716, the annexation policy which was adopted in 1988, was included in their packets. He then distributed to the Commission a new draft resolution containing some revisions as proposed by staff. He gave a brief history of the City's annexation policy, which was initially adopted in 1986. The City Manager then reviewed each section of this draft resolution, discussing the proposed revisions contained in each section. During this review, he suggested the Commission must determine whether each of these statements is philosophically acceptable. He noted that if they are not, then changes should be made to accurately reflect the current Commission's philosophies. Responding to Mayor Swanson, City Attorney Luwe and City Manager Wysocki reviewed . the statutory provisions for annexation, including the provisions for annexation of wholly surrounded properties and the three procedural options available. Mayor Swanson questioned why the requirement for waivers of right to protest annexation in conjunction with provision of city services to sites outside city limits would be more appropriate than annexation; Director of Public Service Forbes responded that those sites are not always 01-21-92 ----.-.-......".---.....-...... ____." __. ..____.__.__._.".....n_ ... - 6 - contiguous to the city limits. Mr. Roger Craft suggested that under Policy No.2, PUD's be added to the list of processes that could occur simultaneously, so that the annexation, any necessary master plan amendment and/or zone map change and actual development of the site would all be considered . concurrently. . Planner Arkell stated her disagreement with that proposal, noting it would add another layer of review that could create confusion. Assistant Brey reviewed this section carefully, concluding that he feels the revised language is appropriate. The City Manager suggested that the Commission mark Policy No. 11, noting that it may be inconsistent with some of the other goals and policies of the Commission. Following the hour-long work session on this item, the City Manager suggested that a sub- committee of the Commission be established to work with key staff members in this revision process. Mayor Swanson appointed Commissioner Frost and Commissioner Stiff to the sub- ~ committee to work with staff in the annexation policy revision process. He asked the sub- ,., committee to keep in touch with the County Commission to ensure that the new policy does not conflict with their efforts. He also asked the committee to consider where opportunities for annexation lie. Planner Arkell stated there is no indication in this resolution of whether an application for annexation must meet all, a majority of or only a few of the goals and policies listed to qualify for a recommendation for approval from the staff, which can make it difficult to prepare the staff report. Responding to Commissioner Vincent, the City Attorney noted that a resolution establishes administrative direction, from which the Commission may deviate if it so chooses. He then suggested that during the revision process, the sub-committee should define "goals" and "policies." . Commissioner Knapp noted the language in Policy NO.1 0 is strong, asking if it allows for grandfathering of existing situations. Mayor Swanson requested that the sub-committee develop a provision addressing when waivers of right to protest annexation are to be required, noting that will provide guidance to the various parties involved in considering an application. 01-21-92 - 7 - B. Procedures for responding to letters and calls The City Manager reviewed the proposed flow chart and sample response letter which were included in the packet for discussion. Commissioner Knapp led the Commission discussion of possible procedures for responding . to letters and telephone calls to the Commission. The discussion included items such as having the Commissioners make sure that copies of the correspondence they receive have also been received by the Clerk of the Commission, and whether letters regarding a specific upcoming agenda item should be acknowledged. During those discussions, there was a difference of opinion on whether letters regarding upcoming agenda items should be acknowledged other than during the public hearing. Options for response included the possibility of a post card rather than a letter, which would also reduce postage costs. The Commissioners concurred that the mail they receive can be easily divided into three categories: (1) letters sent to all Commissioners for an impending agenda item; (2) letters sent to a Commissioner or Commissioners regarding a specific neighborhood problem; and (3) letters sent to a specific Commissioner with the anticipation that the letter will not be shared with anyone else. It was determined that those in the first two .categories could be addressed under this umbrella policy; however, Commissioners should respond individually to the letters which fall within the third category. Following the discussion, Mayor Swanson asked Commissioner Knapp to develop a revised flow chart, based on this discussion, with a report to be submitted to the Commission at the meeting of February 4 or February 10. C. Report from Commissioner Knapp re attendance at NLC Congress of Cities Commissioner Knapp submitted to the Commission a written report on her attendance at the conference. She noted that many of the sessions from the Congress were included in the December 16 issue of the Nation's Cities Weeklv, so she will not review them. She then reported that after attending the National League of Cities Congress of Cities, she really appreciates living in Bozeman. She noted that probably 90 percent of the 4,000 people in attendance at the .conference are fighting to get their cities back, get crime off the streets, and address transportation issues. She then passed around many interesting booklets, newspapers and other articles of interest received at the conference, noting she is willing to share that information with any interested Commissioners. 01-21-92 - 8 - Commissioner Knapp stated that some of the main topics discussed were controlling crime, pollution, stormwater cleanup, education, energy, environment and national insurance. She also noted that the following five committee reports were given at the conference: 1) Finance, Administration and Intergovernmental Relations (FAIR); 2) Committee on Energy, Environment and .Natural Resources; 3) Community and Economic Development; 4) Human Development and 5} Transportation and Communications. Commissioner Knapp then stated that cassettes are available for the conference sessions. She stated particular interest in having the City purchase the cassettes for the pre-conference seminar entitled "Getting Your Message Out to the Media" as well as the conference session on "Reconnecting Citizens and Politics." The Commissioners concurred. D. Miscellaneous orientation items for new Commissioners Due to the late hour, Mayor Swanson indicated this discussion will be scheduled for a later date. Recess - 5:35 D.m. e Mayor Swanson declared a recess at 5:35 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Swanson reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Public hearing - Variances to rear yard setback and screenin9 reauirements - Everett Eabert - to allow construction of a steel warehousing structure on Lot 5A. Bozeman Industrial Park (2150 Industrial Drive) This was the time and place set for the public hearing on the variances to rear yard setback and screening requirements, as requested by Everett Egbert under Application No. C-9115, eto allow construction of a steel warehousing structure on Lot 5A, Bozeman Industrial Park. The subject site is more commonly known as 2150 Industrial Drive. Mayor Swanson opened the public hearing. Mr. David Grigsby, Assistant Planner, presented the staff report. He stated the subject parcel is zoned M-1 , Light Manufacturing; and it is located immediately west of a City-owned parcel 01-21-92 --.-."'."...- ------. .--.-- ..----- -.-- ---.-.- - 9 - which is zoned PU, Public Lands and Institutions. He noted that this parcel has been designated for use as city yards and storage, which is essentially the same type of use which is allowed in an M-1 zone; therefore, staff would support the request to waive the screening requirements between zoning districts. . Planner Grigsby stated that the applicant has also requested a variance from Section 18.34.050 of the Bozeman Municipal Code, to allow him to construct within the 25-foot rear yard setback. He stated that to require compliance with that regulation would result in changes to the shape of the warehouse and site plan and would limit the effectiveness of the proposed use. The Planner stated that staff has reviewed this application in light of the three criteria set forth in the Bozeman Municipal Code for such review, and found that it generally complies with this criteria. He then forwarded the staff recommendation for approval, subject to the condition that all other applicable regulatory standards of the zone code be met. Mr. Everett Egbert, 927 South Black Avenue, applicant, indicated he has no additional information to provide. No one was present to speak in opposition to the requested variances. . Mayor Swanson closed the public hearing. The Mayor then reminded the Commission that since these are variances, a 4 to 1 vote is required for a motion to pass. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission waive the customary one-week waiting period for land use decisions. 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. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission approve the requests for variances to the 25-foot rear yard setback requirements and waiving of the screening requirements, as requested by Everett Egbert under Application No. C- .9115, to allow construction of a steel warehousing structure on Lot 5A, Bozeman Industrial Park, subject to the stipulation that the proposal comply with all other applicable regulatory standards as set forth in the zone code. 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. 01-21-92 -..--.... ._....n._ . .---.-.... --- -.--..--. -. -. -. - -.- - - 10 - Public hearing - Master Plan Amendment - "Business Park/Industrial" to "Urban Residentiallnfill" - aDDroximately eleven blocks of the northeast sector (generally bounded by Rouse. Peach. Avocado. Broadway and Lamme) This was the time and place set for the public hearing on the Master Plan Amendment to change the land use designation from "Business Park/Industrial" to "Urban Residential I nfill " , .requested by the City Commission under Application No. P-9112. to include approximately eleven blocks of the northeast sector generally bounded by North Rouse Avenue, East Peach Street, Avocado Street, North Broadway Avenue, East Lamme Street, North Wallace Avenue and East Fridley Street. Mayor Swanson opened the public hearing. Commissioner Vincent stated that he has incurred a scheduling conflict because of a previous commitment he made. He stated, therefore, that he must leave the meeting early enough to attend an 8:00 p.m. meeting; and he will attempt to return prior to the close of this meeting, if at all possible. Due to subsequent comments by Commissioner Vincent, the Commission then reviewed the procedure for conducting a public hearing as well as the decision-making process and the . information which may be considered in that process. Andy Epple, Planning Director, presented the staff report. He briefly highlighted the descriptions of "Business Park/Industrial" and "Urban Residential Infill" as contained in the 1990 Bozeman Area Master Plan Update. He then reminded the Commission that this master plan emphasizes a soft edge that is flexible, with the underlying zoning providing the hard, defined edge. The Planning Director reminded the Commissioners that last month, the Commission determined that the soft edge should be broad, being 600 feet in width, or 300 feet on each side of the centerline of a boundary. He then reminded the Commission that any zoning issues, which may extend on either side of the line created by approval of this master plan amendment, are not under consideration at this time, but are to be the subject of a future public hearing. Planning Director Epple stated this master plan amendment was initiated to correct an .error in the drafting of maps for the 1990 Master Plan Update, since a 9-block area which was previously designated as residential was included in the new business park/industrial designation. He noted that the amendment has been expanded to include a two-block area, specifically Blocks 51 and 52 of the Northern Pacific Addition. He noted those blocks are currently zoned M-1, Light Industrial; however, the majority of development is residential. He gave a brief history on the 01-21-92 - 11 - planning and zoning for those blocks, noting that they have been the subject of previous applications. The Planning Director then noted that the northern portions of Block 50 and Block 6 of the Northern Pacific Addition have also been included in this master plan amendment because of . their close proximity to developed residential properties and because the soft edge of the master plan does not negatively impact their present or future commercial/industrial uses. Planning Director Epple showed the Commission a color-coded map of the subject blocks, noting there are few commercial or industrial uses in the twelve-block area. He further noted the predominance of one- and two-family units, with a few multi-family units and apartment complexes. He further noted that the nine-block area is zoned R-3a, which is in conflict with the existing master plan land use designation. He then showed random slides of the subject area to further emphasize the residential character, with a few commercial and industrial uses dispersed throughout. The Planning Director stated that staff reviewed this application in light of the six criteria set forth for evaluation of master plan amendments, and found it to be in general compliance with those criteria. He then reviewed the written findings of fact for this application, which are required . under the 1990 Bozeman Area Master Plan Update, which also reflect that the proposed land use designation is appropriate. Planning Director Epple stated that, following its public hearing on this application, the Planning Board concurred in the staff's recommendation for approval of this master plan amendment. He stated that the minutes from that meeting reflect extensive public testimony in favor of the amendment. He then stated that the County Commission conducted its public hearing on this application at their meeting held this afternoon, and deferred action until after the City Commission has taken its action. He noted this was done as a courtesy to the City Commission, since the subject site is totally located within the city limits rather than because of concern about the proposal. Commissioner Vincent left the meeting at 8:00 p.m. . Ms. Cec Mahony, 405 North Ida Avenue, stated support for the proposed master plan amendment. She noted that this area was residential in character when she purchased her home; and she would like to see it stay that way. Ms. Leslie Rykels, 317 North Broadway Avenue, stated her support for this amendment. She also expressed frustration with the process which has been followed in correcting what the 01-21-92 .---.......,.--..--.,..- . - .._..._.._. ____________n ______._.._._ ----..- --.- - 12 - City has acknowledged was an error, including the necessity for residents of the area to write letters and attend meetings. She then referenced the letters which she wrote to the Commission, dated January 5, 1992; January 10, 1992; and November 25, 1991, noting they set forth her arguments in support of this amendment. . Mr. Rod Gilbert, 630 East Peach Street, stated support for the proposed amendment and concurrence with Ms. Rykels' comments about the inconvenience this process has created for the residents of that area. He then noted that in Blocks 51 and 52, there are fifteen houses, three of which have residential business permits. Ms. Patricia Stetson Agnew, 216 North Wallace Avenue, stated dissatisfaction with the process and the need to fight to protect one's neighborhood. She stated that she purchased her home one and one-half years ago, a modest home built 97 years ago; and since that time, she has been involved in trying to protect that home from the impacts of an error in the master plan and truck traffic. She stated that this is a unique residential neighborhood which should be protected and encouraged approval of this amendment. Mr. Don Bachman, 109 North Broadway Avenue, stated support for the proposed . amendment. He then noted that this process has served to once again bring the neighborhood together in a tightly-knit group. Ms. Clara Backman, 303 North Broadway Avenue, stated she was active in seeking rezoning of that subject area a few years ago; and she was surprised to learn of the change in the land use designation. She then stated support for the proposed change in that designation, suggesting it should have been accomplished without this lengthy process. Ms. Rebecca Schanz, 512 North Wallace Avenue, stated she purchased her home last September. She stated that this was an affordable home for her; and she is proud to be part of the neighborhood. She stated it is important to ensure that the residential character of this area is protected, encouraging the Commission to approve this amendment. Mr. David Knickerbocker, 222 North Wallace Avenue, stated frustration with this process .and encouraged Commission approval of the amendment. Ms. Louise Daellenbach, 407 North Ida Avenue, stated that her son owns the subject property; and both she and her son have spent money to upgrade the home. She then encouraged Commission approval of this amendment to protect the area. Mr. Dennis Downing, 706 East Peach Street, stated that the original M-1 zoning of this 01-21-92 - 13 - subject area was improper, indicating support for this proposed amendment. Ms. Chandler Dayton, 716 East Peach Street, stated frustration with the time and energy this process has demanded from the residents, particularly since this was created by an error. She noted that this error was discovered when she submitted a petition for R-3a zoning for Blocks 51 e and 52 of the Northern Pacific Addition. She stated that most of the property owners in those two blocks support these proposed changes, with only one individual being vocally opposed. She stated an interest in maintaining the status quo, and encouraged Commission approval of this amendment. Ms. Virginia McLaughlin, 709 East Fridley Street, stated she has lived there for 46 years; and the area was entirely residential when she moved in. She then stated support for the area as it exists, noting an interest in retaining it. She then indicated support for this amendment. Mr. Rod Gilbert, 630 East Peach Street, noted there are several businesses who are affected by this proposed master plan amendment, and reminded those present that this application pertains to a land use designation only, and not zoning. Mr. Larry Hancock, 225 North Broadway Avenue, stated support for this amendment. . Mr. Bert Harting, 414 North Plum Avenue, noted that a review of minutes from past proceedings in this subject area reveals that the same arguments have been forwarded through the years. He then stated support for the proposed master plan amendment, including Blocks 51 and 52. He then encouraged the Commission to take action this evening, so that the County Commission can make its decision as quickly as possible. Mr. Jim Barnaby, 71 6 East Peach Street, stated there was no commercial activity in that area when he moved there in 1973. He stated support for the proposed amendment, noting it will protect everyone in the subject area, and encouraged the Commission to implement the amendment as soon as possible. Mr. Jerry Perkins, owner of Karst Stage at 511 North Wallace Avenue, stated support for the proposed master plan amendment as it pertains to the nine-block area, noting that it is evident .that an error has occurred. He then stated that Blocks 51 and 52, however, generate a different set of issues; and the northern portions of Blocks 6 and 50 are different still. He noted that since this is a master plan amendment, it will not affect the zoning; and a majority of his site is zoned M-1. He noted that this is an emotional issue for many people; however, he further noted that the Commission must base its decision on logic rather than emotion. 01-21-92 - 14 - Mr. Walt Connell, attorney with offices at 125 West Mendenhall Street, gave a lengthy presentation in opposition to this proposed master plan amendment on behalf of some of the business owners in the subject area. He questioned when the determination was made that the soft edge of a land use designation should apply to a 600-foot-wide strip of property, noting it was . his understanding from previous meetings that this had not been resolved. He stated that to correct an error is one thing; however to add Blocks 51 and 52 is improper because that is a totally separate issue. Mr. Connell stated that how the soft edge of the master plan may impact those properties south of the boundary has been discussed; however, the impact on those properties north of the proposed boundary has not yet been mentioned. Mr. Connell stated that he has been an advocate of expanding the low- and moderate- income housing market for quite some time and has, in fact, taken the City to task on this issue. He noted that the existing regulatory standards tend to drive the costs of housing up; therefore, it is no easier to expand low- and moderate-income properties in this northeast sector than in any other portion of the community. . Mr. Walt Connell then reminded the Commission that the northeast sector was the pivotal point upon which the historic mixed used zoning designation was developed. He stated that his clients are supportive of the HMU zoning designation for Blocks 51 and 52; and that can be accomplished without changing the master plan land use designation. Mr. Connell stated that, rather than a broad brush approach to this amendment process, only the original nine-block area should be subject to the amendment. He also indicated a willingness to work with City staff to develop the necessary zone code provisions for the HMU zoning district, so it can be utilized for Blocks 51 and 52 to protect all existing development. Mr. Bert Harting, 414 North Plum Avenue, stated that this proposed master plan amendment does not preclude HMU zoning for Blocks 51 and 52. He also suggested that the soft edge of this boundary will not impact the properties north of the boundary because they are all . industrially developed and zoned M-1 . Mr. Harting then suggested it is logical to consider the master plan amendments for both the subject nine-block area and Blocks 51 and 52 at the same time, since they are adjoining and involve the same land use designations. He further noted the strong neighborhood feeling in that area, which involves parties from all of the eleven blocks involved. 01-21-92 __.__n._..____.___ ._____ _ __.... ------.--------- . - 15 - Break - 9:00 to 9:07 o.m. Mayor Swanson declared a break from 9:00 p.m. to 9:07 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. . Public hearing (continued) - Master Plan Amendment - "Business ParkJ Industrial" to "Urban Residential Infill" - aooroximately eleven blocks of the northeast sector (generally bounded by Rouse. Peach. Avocado. Broadway and Lamme) Responding to Commissioner Stiff, Planning Director Epple stated that the HMU zoning designation, which was originally developed with the northeast sector in mind, has not been utilized in that area to date; however, he suggested it could still work in the future. Further responding to Commissioner Stiff, the Planning Director stated that the master plan does have a soft edge concept. He noted, however, that the zoning designation generates a hard line which is to be observed during the development process. He noted that a variety of different zoning designations could be accommodated on either side of the land use designation boundary. He then noted that any exception to the underlying zoning must be accommodated through a process such as a conditional use permit or a planned unit development. . Some of the residents raised questions, to which Planning Director Epple responded, as follows. He stated that deferral of a decision will not jeopardize the zoning proceedings for Blocks 51 and 52 because the master plan amendment process will be completed prior to the zone code amendment process. He then stated that had the error in land use designation not been made, the map would probably have looked very similar to the proposed map, which is the working draft from which the Commission made its November 25 decision to proceed with this amendment. He noted that with the soft edge concept, it is not really practical to divide a block with a land use designation line. City Manager Wysocki entered into the record several letters, as follows: all those letters which were included in the Commissioners' packets for this item; letter of support from Leslie D. Rykels, 317 North Broadway Avenue, dated January 20, 1992; letter of support from John D. .GOering and Petrea J. Hofer, 809 East Fridley Street, dated January 18, 1992; letter of support from Marillee and Burnell Franke, owners of a home on North Wallace Avenue, dated January 8, 1992; letter of support from Dennis Treut, 803 East Davis Street, dated January 19, 1992; and a letter of support from Leslie D. Rykels, 317 North Broadway Avenue, dated January 5, 1992. Mayor Swanson closed the public hearing. 01-21-92 --------------------- ---- --- ~ . . - 16 - Following a brief discussion, it was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission waive the customary one-week waiting period for land use decisions. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Knapp and Commissioner Frost; those voting No being Commissioner Stiff and . Mayor Swanson. ... Mayor Swanson requested that the decision on this item be placed on next week's agenda. Adjournment - 9:29 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Knapp and Mayor Swanson; those voting No, none. . ATTEST: VoL ;/~ ROBIN L. SULLIVAN Clerk of the Commission _ . 01-21-92 ---- --- ------------------------------- _____n______________