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HomeMy WebLinkAbout1990-11-05 MinutesCORRECTIONS TO MINUTES November 5, 1990 Page 8 - last line - before "Findings" insert "proposed" Page 9 - Lines 1-2 - change to read "... listened to and adopted the Findings as prepared." - Line 3 - capitalize "Findings" - Line 7 - change "best" to "lowest responsible'' Page 10 - last line - delete one ''was" Page 11 - Line 14 - after "service" delete "since 1982"; after "elan" insert "now" - Line 25 - after "indicated an" insert "interest in" - Line 26 - change ''on" to ''with" Page 17 - Line 4 - change "or" to "and/or" Page 22 - last two lines - change to read "... stated that Cellular Information Systems, Inc., must now obtain an MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November s, 1990 *+^*++**++*+**^*^++**+** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, November 5, 1990, at 3:30 p.m. Present were Mayor Hawks, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Hawks asked if any of the Commissioners wished any of the Consent Items he removed for discussion. City Attorney Becker requested that award of the bid for the Lyman Creek Water Improvements, Phase Ht, be removed for discussion. Minutes - October 29 1990 It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the minutes of the regular meeting of October 29 1990 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goahrung Commissioner Frost Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No. none. Decision - Appeal of the Planning Board's decision to uphold the decision of the Develop- ment Review Committee - Mr. and Mrs. Donald Kreitz - minor site plan for Lot 2B, Westridge Meadows No. 5 Minor Subdivision City- County Planning Board's decision to uphold the decision of the Development Review Com- mittee on the minor site plan for Lot 213, Westridge Meadows Nu. S Minor Subdivision, as requested by Mr. and Mrs. Donald Kreitz, City Manager Wysocki submitted to the Commission a copy of the Findings of Fact and Decision, as prepared by the City Attorney, for consideration. He then suggested that the City Attorney review that document. City Attorney Becker read the document which he had prepared for Commission consideration, including the background and the Findings of Fart. After each of the Findings, be paused; however, ovoo of the Commissioners had any questions. Mayor Hawks then asked if the office buildings located in the R-0-T zoned property along the cast side of Fairway Drive are a pan of the planned unit development under which these residential units are being considered. He suggested that, while the office buildings have been developed within the guidelines of the planned unit development, they are not a part of it. 11-U5-eo - a - City Manager Wysocki concurred, noting the office buildings have been constructed under conditional use permits separate from the planned unit development for the residen- tial development. Commissioner Frost suggested that Finding Nv, o be expanded to include a state- ment indicating that no complaints have been filed by other residents in that area. The City Attorney concurred, indicating he will add the language, "No other ob- jections were heard." Commissioner Goohrvmg asked what process would be required to exceed the 53 con- dominium units allowed under the existing planned unit development. Planning Director Epp|e responded that an increase in the number of condominium units allowed would require e re-review of the planned unit development. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission adopt the Findings of Fact a!nd Deoioiom, as submitted by the City Attorney upholding the decision of the City-County Planning Board to uphold the decision of the Development Review Committee on approval of the minor site plan for Lot zu Wostridgm Meadows No. 5 Minor Subdivision. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Fn*yt Commissioner Swanson Commissioner Knapp' Commissioner Go*hrung and Mayor Hawks; those voting No none. Request for permission to address Commission - Bozeman Police Pro tective City Manager Wysocki submitted to the Commission a letter from the Bozeman Police Protective Association dated October 29 1930 requesting permission to address the Com- mission. Master Patrolman Dave Petersen presented a statement on behalf of the Bozeman Po- lice Protective Asuooxstkm, He noted that he is a member of the contract negotiating team for the Association; and many of the police officers are present today in support of the Association, Officer Petersen noted that the 8PPA is a collective bargaining unit' which enters into contract negotiations with the City Manager each year. He stated the negotia- tions begin in early spring/ and those negotiations are usually completed by the beginning of the new fiscal year' He noted the results of the negotiations are then included in the overall budget which is submitted to the Commission for action; and all seems to be well. Officer Petersen stated that although the Commission may assume the police officers are proper/7 compensated because of this procedure, he feels they are not. He noted that this year, members of the negotiating team met repeatedly with the City Manager; howmv- er they were unsuccessful. The next step was to obtain a mediator from the State of Montana Department of Labor in on attempt to find common ground and reach a settlement; and that was also unsuccessful. 1l-ns-oo - ] - Officer Petersen stated that the next step to pursue is arbitration, which would in- volve fact finding; and that step is estimated to rust $^ ' ouo to $S He ontod irnni- caUy' that is approximately the amount it would take to settle the contract because the City's final and best offer was a.s percent; and the Association members will not accept anything less than a 5.0-percont increase. Master Patrolman Petersen stated that since 1$85 the increases in salary have been |oaa than the cos/ of living increases; therefore, police officers are making less in terms of real dollars than they were five years agv, He noted that in past years during contract discussions they have been assured that if they would accept minimal or no salary in- creases during the "lean budget years," they would later he compensated. He noted that a review of the salary information sheet reveals that has not happened. He noted that raises the question of whether the promise will be met or if the members will find their wages continually decreasing. He stated that raises the question of whether the City has been negotiating in good faith over the past few years. He then distributed to the Com- missioners a fart sheet setting forth the salary of a master patrolman for the past five years as well as the percentage of increase and the cost of living increases. Officer Dave Petersen then stated that the ePpA member= are also dissatisfied with the change in health care which was imn/emomted as of July 1. ,*oo. He noted that the members of the Association voted overwhelmingly to maintain the old coverage; however, they were informed that overall the City employees had accepted the new package. He stated that this new health care package has resulted in more nut-of-pocket expenses for the police officers, which compounds their loss in wages. oniocr Petersen stated that the Bozeman Police Department is doing more with less, noting the |uvm| of manpower is lower than it was in 7978; however, the population and de- mand on services continues to increase. He noted the annual report indicates that police officer productivity increased by n's percent between /000 and' 1989; and that trend has continued year after year' He stated that present officers work harder are better trained and are more professional than ever before; and they take their /mhs seriously. He noted they work holidays, and often are involved in work-related activities on days off. He stated this job is the most difficult and demanding in the City; however, the officers are proud of their jobs and the City. He then stated the officers deserve to be compensated for their work. Mayor Hawks reminded the members of the Bozeman Pw|ice Protective Association that the City Commission does not become involved in the bargaining process; and they do not wish to interfere at this time. He then recognized the frustration which the bargain- ing group may feet during the negotiation process. Master Patrolman Petersen stated that the purpose of this presentation was to in- l]-o5-9n - form the Commission of the current status of their nogotiatioos, not to circumvent the pro- cess. He noted that the Association members are frustrated because of the continuing ero- sion of their salaries; and they wished to express that frustration to the governing body. He also noted that hopefully this step will help to move the negotiation process along through the appropriate administrative process. He suggested that if the Commissioners are aware of the BpPA's position, they may carry n different viewpoint into meetings with the City Manager regarding the negotiation process. Officer Petersen reminded the Commission that the police officers are directly im- pacted by the same increases that impact other city residents, such as water, sewer, gar- bage and tree trimming recognizing that those coots are justified. He then suggested that the priorities for funding of the essential, core services from the General Fund should possibly be re-examined. Mayor Hawks thanked Master Patrolman Petersen for his presentation. Discussion - structure, gu i d elines and objectives for ad hoc recycling committee The City Manager submitted to the Commission a copy of the revised structure, guidelines and objectives for the ad hoc recycling committee. He reminded the Commission that these revisions are the result of the memo which Commissioner G"ehrung submitted at fast week's meeting. Commissioner Guohrung noted that the revisions he had submitted at fast week's meeting were the result of a meeting of the steering committee which had been created for the purpose of developing the document currently uoder consideration. He noted that at last week's meeting, the Commission had basically concurred with the draft document, revised per his memo. He then suggested the next step is to direct the Clerk of th!e Com- mission to advertise for these vacancies. City Manager Wysocki noted that any recommendations from the ad hoc recycling committee must be received by May 1 so there is adequate time to make any necessary or- dinance revisions prior to the July l implementation date. Mayor Hawks noted the Commission may determine it appropriate to create a steering committee to address on-going issues. Commissioner one»rung noted that if that is determined necessary the issue can be adequately addressed near the July 1 1991, sunset data for this ad hoc committee. Responding to u question from Commissioner Swanson, Commissioner Gnehrung in- dicated it is not customary for an ad hoc committee with a relatively short life span to have a set of by-laws. He noted if it is determined appropriate to create an on-going steering committee, them e set of by-laws should he adopted for that new committee. It was moved by Commissioner Swanson, seconded by Commissioner Knapp' that the - s - Commissmn approve the structure, guidelines and objectives for the ad hoc recycling com- mittee, as rav/oeu and authorize and direct the Clerk of the Commission to advertise the vacancies. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp' Commissioner Gnmhrong Commissioner Frost and Mayor Hawks; those voting No none. Appointment pr City Judge for the period Decembe City Manager wyypoh| submitted to the Commission a memo from Commissioner Oomhruny dated November s. 1990. Commissioner 6oehrung stated the committee has met twice on u formal basis. He noted that at this afternoon's meeting, the committee interviewed th top three applicants, as identified at last week's meeting. Following those interviews and discussion, the com- mittee forwards the name of James D. McKenna for Commission consideration. Commissioner Goehrung sta:ted the committee noted that Bozeman is fortunate to have so many strong applicants for this position, and expressed appreciation for the inter- est that these professionals showed in serving the community. Commissioner Goehrung stated that attached to the memo is a copy of the questions which were asked during each interview, noting that those questions covered a broad City Manager Wysocki reminded the Commission that it is important that the new Judge attend court school during the week of November 12 in Kalispell, so he is prepared to take the bench on or about December I. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission appoint James D. McKenna to serve as City Judge for the period December 1 1990 through January s lyyz to complete the elected term from which Albert A. Frost resigned; and it being in the public interest, that the City pay the appropriate costs for Mr. McKenna to attend court school in Kalispell during the week of November lz 1990. The motion carried by the following Aye and No vote: those voting Aye being Commission- er Knapp' Commissioner Ooehrung Commissioner Frost Commissioner Swanson and Mayor Hawks; those voting No none. Discussion appraisal of City-owned property for ib| excha City Manager Wysocki noted that immediately west of Josephine Park along the ridge there are five platted lots for residential duvn{opment. He noted that the current owner has indicated a possible interest in exchanging those lots for an 18-acrc parcel which the City's Water Fund owns near the water treatment facilities on Sourdough Road and Nash Road. He stated that this exchange would ensure that approximately soo feet of zr-us-yn - 6 - ridge vmuN remain unc|mttarmd, since on residential development would he done; and those lots are presently adjacent to Josephine Park. The City Manager then estimated the costs of the appraisals for these properties at approximately $2,000. Responding to Commissioner Knapp, the City Manager indicated that the 18-acre parcel owned by the Water Fund was purchased as a potential site for the water treatment facilities. He noted those facilities have since been constructed slightly west of this par- cel; and it is no longer needed for that operation. Mayor Hawks suggested there may be some value in considering an exchange for lots on the ridge if it would ensure the openness of that ridge. He suggested, however, that a third party exchange to acquire lots further west on the ridge might be more b=nr- fida/. He also noted that the master plan designation for this area should be reviewed prior to making any decisions on this proposal. Commissioner Swanson suggested that input from various committees, such as the Parks, Open Space and Trails Committee, the Recreation and Parks Advisory Board and the Gallatin Valley Land Trust, would be beneficial before the City commits $2,000 for ap- praisal of the properties The City Manager indicated the Recreation and Parks Advisory Board has suggested that the City proceed with the appraisal; and that is why the issue is before the Commis- sion at this time. He then suggested that after the auction oa/o on November 78 the City may have a better idea of the value of those lots located in Graf's First Subdivision. Responding to Commissioner Swanson, the City Manager noted that the new master plan may not be applicable for the 18-acre City-owned parcel, either because it is outside the jurisdictional area or because it is in a County zoning district. Mayor Hawks stated an interest in placing this item on the agenda for the November 13 Recreation and Parks Advisory Board meeting, for their consideration in light of the potential appraisal costs. He then noted that it appears the Commission needs more infor- mation before making a decision on this item. Break - 4:21 to 4:28 p.m. Mayor Hawks declared a break from 4:21 p.m. to 4:28 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Request for perm ission dd Commission William R Johnson 315, North Rouse Ave- nue City Manager Wysocki stated that Mr. Johnson has requested an opportunity to ad- dress the Commission briefly. Mr. Bill Johnson, retired Gallatin County employee, noted that he has paid $24 for 7l-o5-90 - 7 - street maintenance for this fiscal year. He then asked ho* he can now get a load of gravel dumped in the hole in front of his house. The City Manager indicated that he will have Director of Public Service Forbes con- tact Mr. Johnson to resolve this issue. Mayor Hawks thanked Mr. Johnson for addressing the Commission, noting that the appropriate staff person will reypnnd. Commissioner discussion i with Missoula City Council held on Friday October m The City Manager reminded the Commission that Mayor Hawks had requested that this item be placed on the agenda. Mayor Hawke stated the purpose of this discussion is to allow those Commissioners who attended the meeting to interact and to provide Commissioner Frost with as much in- formation as possible. Commissioner Swanson mentioned the discussions on (l) access television, (z) ras- ideotia{ parking district and (3) tax increment financing district. The Commissioners discussed each of these in turn. (I) Commissioner Swanson stated he feels that /"ca| access to television is p tre- mendous asset for the community, noting it provides a platform for many creative program opportunities. He noted it also allows the City Commission a method for providing inrmrma- don to residents. (z) Commissioner Swanson then stated an interest in pursuing a residential park- ing district, particularly around the University such as the one utilized in Missoula. He noted that the Commission's round table meeting may be an opportune time to broach the subject locally. Mayor Hawks stated that under this program' residents in the area around the Uni- versity of Montana campus may purchase a sticker which allows o.en to park on the street during regular business hours; and they may also purchase o sticker at a lesser cost which visitors may use to park on the street. Commissioner Onehrung stated the concept behind this program is that those using the additional enforcement services should hear those additional costs. Commissioner Knapp stated that in MisspWa, this district was created at the request of the residents; and she feels that approach is necessary to make this a successful pro- gram. Mayor Hawks noted that in Missoula, the rv|c of the Perking cmnmivs/pn has been expanded to include administration of this district. City Manager Wysocki noted that MSD is currently developing plans for providing more parking on campus suggesting that change should he taken into consideration. 1l-os-eo - n - (s) Commissioner Swanson stated he feels that having someone who has been in- volved in the tax increment financing district in Missoula make a presentation in Bozeman could be very beneficial. He noted that they have done some fairly creative things with the monies generated, including an extensive Park system along the river and establish- ment of a matching fund program for upgrading of older structures within the district. The City Manager cautioned the Commission that tax increment funds may be used only for public improvements. The Mayor noted that a portion or the tax increment funds have been utilized for planting of trees within the district boundaries. (o) Mayor Hawk, stated the Commission received a very complete presentation on the bicycle program in Missoula, noting that 60 percent of the population cycles. He rioted they have implemented o very strong educational program; and the accident rate has de- creased dramatically. (5) Commissioner Coohrung noted that recycling issues were also discussed; however, he noted that in Missoula, a private hauler is utilized and the landfill is private- |y owned- He stated the landfill has a long projected |/fo and since it is in private ownership, the City of Missoula has no major concerns at this time. (6) Mayor Hawks then referred to the //b|oo bag" program in Missoula, under which the proceeds go toward beautification. pur- chase blue bags from the City for recyr/ab|es, which include only aluminum and newspa- pers at this Mme' The bags are then dumped into the regular garbage, and the private hauler takes them to the landfill. The garbage is then spread out at the landfill; and someone working on contract removes the blue bags' separate, the recydab(es and takes them to the recycling center. A cwrbom of the proceeds from sale of tboo* bags is utilized for the beautification programs in the community' Responding to a question from the City Manager, Commissioner Goehrung stated that 5u`oe Container Corporation has made the decision to use 25 percent recycled card- board; therefore, u market has been created for most of the cardboard that is being recy- cled in Montana. Mayor Hawks stated that meetings with the Missoula City Council have been tenta- tively set on Local Government Day in o*|ona and for some time in the spring in Bozeman. Award bid - Lyman Creek Water SystemImprovements, Phase |Q re- quested this item be removed from the Consent Items. City Attorney Becker read the proposed Findings of Fact, which he had p 11-os-yo - e - for Commission consideration. The Commissioners listened to and adopted the Findings as prepared. The City Attorney then recommended that the Commission award the bid based on those Findings, It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that, based on the Findings of Fact as submitted by the City Attorney, the Commission award the bid for the Lyman Creek Water System Improvements, Phase ||I to Bozeman Sand and Gravel, Bozeman, Montana, in the bid amount of $248 it being the lowest re- sponsible bid received. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung Commissioner Frost, Commissioner 3wanaon, Commissioner Knapp and Mayor Hawks/ those voting Nu none, Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion" items. (1) Copy of the letter sent to the round table members, as well as a listing of those members. (z) Agenda for the Chamber of Commerce Governmental Affairs Committee meeting to be held on Tuesday, November n ' at 7:30 a.m, at the Baxter Hotel. (3) Information sheet from the Chamber of Commerce regarding CI-55. (4) Agenda for the City-County Planning Board meeting to be held at 7:0 p.m. 1990. on Wednesday, November 7, in the Commission Room. (5) Copy of City Attorney Becker's response to the auditors for Fiscal Year (6) Commissioner Frost noted that yesterday's meeting with Senator Baucus was enjoyable. (7) Commissioner Goehrung attended the workshop on solid waste in Billings on Tuesday' along with throe staff members and four citizen representatives. He noted 61 people were in attendance; and it was interesting to see how other communities across the eastern part of the State are addressing recycling issues. He stated the Environmental Quality Council is considering a legislative proposal which would remove r*cyc|ab|*s from the definition of garbage under current PSC regulations. (8) Commissioner Knapp submitted the following. (l) Appreciated the ground- breaking ceremony on Sunday. (z) Attended the retirement dinner for President Ti*tz. (s) Attended the planning committee meeting for the Governor's Conference on Libraries in Helena on Thursday. She noted there is a shortage of delegates in both the government officials and general public categories. She then distributed nomination forms 10 the Commissioners, suggesting they fill those out for themselves or others who would' qualify /1-Vs-90 -1O- sp that v well-rounded delegation may be selected. (4) Attended the Library Advisory Cvuncil meeting on Friday in Helena, where selection of the criteria for disbursement of library distribution account funds for Fiscal Year 1991-92 was disoussed. She noted these funds are utilized for construction and technology. (o) Commissioner Swanson submitted the following. (1) Met with Page Dabney on Tuesday regarding county-wide planning. He suggested it might be nice for the Commis- sion to meet with that group in a work session for awareness purposes. [Z] Attended the first meeting of the Bozeman Area Bicycle Advisory Board on Friday where John Harkin was elected President, and Linda 0fwnicki was elected Vice-President. Within the next 30 to oo days the board plans to develop a timeline for what they plan to accomplish; and lie may he hock before the Commission to forward a request for $700 to $200 funding for their activities. (3) Met with Administrative Services Director �Gamradt on Friday regarding the Valley Unit auction sa|e' (10) Mayor Hawks submitted the following. (7) The letter to the round table members announces the second meeting which is scheduled for December lo. He suggest- ed that letters be sent to the new legislators as soon as possible after the Tuesday election so they can plan to be in attendance as w*U, (z) Received a call from Mr. Ellis, Fish Wildlife and Parks, regarding w meeting on East Gallatin Recreation Area. He then asked the Clerk of the Commission to follow up on that call and get a meeting set with the Commission. resolu- tion to maintain the mercury vapor lights on South Willson Avenue. Ho noted that West Cleveland Street, which historic in nature, lies within a separate lighting district; howev- er, it may be beneficial for the City to take similar action for that district as weU. He then indicated the Commission may not adopt a similar resolution for that district until such time as residents within that district on request. He then asked those Commissioners who know property owners along that street to notify those owners and explain the situa- tion. The City Manager reminded the Commission that the costs for mercury vapor lights are higher than the coats for high pressure sodium /ighto. He further noted that the Public Service Commission has ordered Montana Power Company to convert all of the street rights to high pressure sodium; and the City must adopt this type of resolution so that MPC may leave the existing light fixtures. (12) City Manager Wv,wcN presented his weekly report' as no||u=s. (1) Staff has finalized plans for the sale of lots for taxes, with that auction sale to be held at l:no p.m. on Wednesday' November zu at the Holiday Inn. (z) Attended the retirement party for M5U President Tietz on Saturday night, noting was more of a "roast and toast." (») Met -Y1- with representatives of Habitat, Inc., a religious group which constructs housing for dis- advantaged persons. (4) The planning process is beginning for another supervisory training program, which will probably be held some time after January /s. Topics to be included are evaluations and customer service. (5) Met with representatives from the County and other City personnel regarding possible combining of the court and law en- forcement activities. He characterized this as o very preliminary step, rioting that the recent fire at the Law and Justice Center has |ended itself to this type of discusoion once again. (n) The City Hall team challenged the Fire Department team once again for the Big Brothers/Big Sisters "Bowl for Kids Sake." He noted that last year, the City Half team raised $000/ and this year' they raised $918. He noted that the Fire Department raised $250/ therefore the City raised over $) ' noo this year for this cause. (7) The 9-1-1 plan has been approved; therefore, the City should begin to realize revenues from that source before the end of the month. He reminded the Commission that the City has had e-1-1 service on all "58" exchange numbers since 1982; howovur, this plan now includes all of Gallatin County. (o) Staff is beginning to receive questions as a result of the special as- sessment notices which were recently mailed. (13) The City Manager reviewed the process for billing of sewer charges, noting that beginning September 1 the city returns to the winter billing process, under which: sower charges are based on actual water consumption rather than on an average of winter months consumption. He noted that this year, duo to the late fall, many people were still irrigating; therefore, their bills are high. He noted that a review of the billing reveals that bills t"to/|wd approximately $I1 more than they should hova. He stated that n se- ries of ordinance changes are maudmd before this item can be adequately addressed; and those changes will be forthcoming in the near future. (lo) Commissioner Knapp stated the Performing Arts Center has indicated an in- terest in having a Commissioner Liaison serve with that body. Mayor Hawks suggested that the Commissioners need time to think about this and requested that it be placed on on upcoming agenda for discussion. (15) Mayor Hawks noted that the process of filling the design review position has not been moving forward. He noted that discussion of this item: is on the Planning Board's agenda for this week's meeting, and suggested it be placed on next week's Commission agenda as **//. He suggested that this could help to move the process forward and pro- vide the advisory body with some needed direction from the Commission. Consent Items The City Manager presented to the Commission the following Consent Items. Commission Resolution No,. 2819 requesting that the t t lights in S!LD - 12 - No. 295 not be converted to high pressure sodium vapor light fix- tures COMMISSION RESOLUTION ND' 281e 4 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF B0ZEMAN M0mT6wA REQUESTING THAT THE STREET LIGHTS LOCATED WITHIN SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 295 NOT BE CONVERTED TO HIGH PRESSURE SODIUM VAPOR LIGHT FIXTURES. Authorize State Highway Department to enclose the Farmers Canal along North 19th Avenue from Durston Road to Oak Street City, Middle Creek Water Users' Association and the Montana_Depart- ment of Natural - Resources and Conservation re Middle Creek Dam project Approval of deviation from rear yard setback - Lee residence, 222 South Tracy Avenue (South Tracy historic district); per ORB recommencla- tum Approval of deviation from id rd setback Scott and Edie Pinkham, 423 8 recommendation !cation for Tempoi November 10 a It was moved by Commissioner Frost, seconded by Commissioner Swanson, 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 Fnpst, Commissioner Swanson, Commissioner Knapp' Commissioner Cnehrwng and Mayor Hawks; those voting No, none. Recess 5:28 Mayor Hawks declared a recess at 5:28 p.m.' to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7m0 o.m. Mayor Hawks reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Public hearing - Zone Map Change - R-S to HMUD - Hubert M. Reid - COS No. 1329 and Tract 6 of the Bozeman Creek Annexation (focated at the west end of Ice Pond Road and Pond Road This was the time and place sat for the public hearing on the Zone Map Change from R-S Residential Suburban--Country Estates' to HMVo Historic Mixed use District, requested by Hubert M. Reid on Certificate of Survey No. 1329 and Tract 6 of the Bozeman Creek Annexation. The subject property is more commonly located at the west end of Ice Pond Road and is more commonly known as 310 Ice Pond Road. The City Manager submitted to the Commission a memo from Associate Planner Dave Skelton, dated October 31, 1990, along with a letter from Robert Lee and Hugh Reid, dat- ed October 16, 1990. He then recommended that, based on that correspondence, the Com- Beer License - Montana Telemark Corporation - 1, 1990 - Gallatin County Fairqrounds, Buildi ll-oS-90 _ 1» - mission table indefinitely the public hearing and subsequent action on this application. It was moved by Commissioner Swanson, seconded by Commissioner Knapp' that the Commission table indefinitely the public hearing and subsequent action on the Zone Map Change from R-3 Residential Suburhan—Country Estates, to MMOD, Historic Mixed Use District requested by Hubert M. Reid on Certificate of Survey No. 7329 and Tract o of the Bozeman Creek Annexation. The motion carried by the following Aye and No vote: those voting aye being Commissioner Swanson, Commissioner Knepp Commissioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. Public hearing Conditional Use Permit Michael J Lilly for High Ridge Estates f Montana - allow construction of a golf course on a portion of Section 32, T2S, R6E, MPM (east of Sourclouah Road and one mile south of Goldenstein Lane) Per- mit requested by Michael J. Lilly for High Ridge Estates of Montana to allow construction of a golf course on a portion of Section »z Township 2 South, Range O East Montana Principal Meridian. The subject property is more commonly located east or Sourdough Road and one mile south of Gp|deostein Lane and is presently owned by R.P. Myers, Jr' and William Myers. City Manager Wysocki submitted to the Commission a memo from Associate Planner Dave Skelton requesting that the Commission open and continue this public hearing, since the City-County Planning Board has not yet taken action on this application. Mayor Hawks opened and continued the public hearing until such time as the City- County Planning Board submits its recommendation for Commission consideration. Public hearing - Conditional Use P'ermiit - Joseph and Susan Billion - allow construction of a 20,000-sqUare-foot car dealership on the EJ, SEJ, Section 9, T2S, R5E, MPM (northwest of intersection of U.S. 191 and Cottonwood Road) This was the time and place set for the public hearing on the Conditional Use Per- mit requested by Joseph and Susan Billion to allow construction of 20 car dealership on the oast one-half of the southeast one-quarter of Section 9 Township z South, Ranges East Montana Principal Meridian. The subject property is approximately *'s acres in size and is more commonly located along the north side of U.S. Highway 191 just north of the Cottonwood Road/U.S. 191 intersection. Mayor Hawks opened the public hearing. Planning Director Andy Epp|r presented the staff report. He noted that included in the Commissioners' packets was e memo from Associate Planner Skelton listing four de- viations for Commission consideration in conjunction with this conditional use permit for a planned unit development. He then submitted to the Commission a memo referencing a new landscape plan, which the applicant's architect submitted to the Design Review Board on 11-05-90 - 14 - Tuesday for their consideration and action. The Planning Director stated that the applicant is seeking a planned unit develop- ment to allow development of a multi-dealer auto plaza on a 20-acre parcel located at the northwest corner of the intersection of U.S. Highway 191 and Cottonwood Road extended. Be noted that in the first phase of this development, the applicant wishes to construct a 20,000-square-foot building and attendant parking area no 4.5 acres, generally located across the southern portion of this tract' The Planning Director stated that the Baxter Creek corridor traverses the southwest corner of this parcel; and the applicant has proposed extensive landscaping on approximately 3.0 acres in that immediate area. He stated that a large portion of that landscaping is proposed in lieu of planting trees every ao feet along the frontage of this parcel, as required under the code, Planning Director Epplo stated that the master plan designates the subject area for public open space and residential development. He stated that commercial uses may devel- op within residential zoning designations if the property is located at the intersection of arterials or an arterial and a collector, through the planned unit development process. He rioted that the scale and design must be compatible with residential development. The Planning Director then highlighted the surrounding zoning designations, noting they include a combination of rural residential, suburban residential, public open space and commorcia|. He further noted that a substantial portion of the property is currently in vacant agricultural use. Planning Director Epp|e stated that this application is for the first phase of the conceptually master planned pVn. He reminded the Commission that at this time' only the one structure is to be considered; and the architectural and land use guidelines for the entire planned unit development are to be submitted prior to any further development. The Planning Director reviewed the staff report in detail, highlighting the thirteen community objectives listed in the interim zoning ordinance and the findings for each. Planning Director Andy Epp|e stated that no direct access is to be provided from this development onto U.S. Highway 797. Rather, Cottonwood Road is to be extended northward to the end of the 20-acre parcel as additional development occurs; and Auto Plaza Drive is to run from that road through the development. On-site domestic water and sanitary sewer services are to be installed; and those services must be constructed in such a manner that they may be tied onto the City's services when that opportunity arises. The Planning Director noted that one of the staff's concerns pertains to the comsid- crab]a amount of impervious surfaces that will be created. He stated that drainage from those surfaces is to enter a storm detention area then filter into Baxter Creek. He noted that the plans for this drainage are subject to approval of the City Engineer. 11-05-90 - /s - Pbnning Director Epp|e reminded the Commission that this subject pn400t is the on- ly issue to be considered at this time, since the master plan for the overall project and the architectural guidelines have not yet been prepared. Planning Director Epp!e stated that, following its review of this application, the n1nfT recommended approval, subject to several conditions, and the City-County p|qn"in8 Board concurred in that recommendation after adding another condition. The Planning Director stated that the Design Review Board has also reviewed this application, where considerable concern evolved around the proposed siqnage. He noted that' as a result of that DRB review, they have recommended approval of four deviations pertaining to size and number of signs. He then reviewed those deviations as fn||vws. The application exceeds the maximum area for freestanding sign, (96 square feet) by 104 square feet' since the signs total zoo square Feet. This is because the applicant has re- quested authorization to place two freestanding signs along U.S. Highway iyl rather than locating one on that roadway and the other on Cottonwood Road. Also, the application ex- ceeds the total aggregate square footage allowed (250) by ten square feet since all sign, total zoo square feet. He noted that the applicant has also requested that the required street frontage landscaping along U.S. Highway 191 be relocated and clustered along the Baxter Creek corridor; and the DRB recommended approval. He stated that subsequent to that action, on October 30 Mr. Dan Kamp appeared before the DRB, with a revised site plan which provides low curvilinear plantings along the roadway frontage to provide a vi- sual break between the roadway and the asphalt parking area, in response to concerns raised at the Planning Board meeting. He noted that at that meeting, the nRD determined that the revised plan addresses and solves the identified concerns regarding v landscaped transition between the prppporu planned unit development and the highway. Commissioner nnehrunO questioned the concept of approving a phased development for e planned unit development without first addressing the full impacts of such a develop- ment. Planning Director Epp|e responded that the twenty conditions for approval of this application reflect that concern. He stated that a second proposal on this 20-acre parcel will trigger a full master plan and guidelines for the remainder of the planned unit dove/- opmwnt. including calculation of impacts for all phases. He then noted that the Planning staff had difficulty evaluating this application due to lack of these documents; and the Planning Board noted they also want to see the architectural guidelines and other related documents prior to any further development of this parcel. Responding to another question from Commissioner Oochrung the Planning Director stated that Auto Plaza Drive is to be a private street constructed to City standards. Commissioner Knapp raised the issue of noise pollution, which often accompanies oar 11 -05-90 - ls - dealerships because of their loud speaker systems. She noted this is an extremely impor- tant issue, particularly if residential development occurs close to this situ. City Manager VVysncki noted that it is important to recognize that the nn-site water and sewer services for this project are to be installed in a manner that will be compatible with future tying onto City services. He noted that will not occur immediately; however, it should be required at the time those City services are extended to within a reasonable distance. Mr. Dan Kamp architect representing the applicant, stated the entire development has been master planned and engineered, showing the Commission copies of those plans. He stated the applicant is requesting that the first phase of this project be considered on its own merits, with the overall master plan to be considered with the next set of build- ings. He stated that a drainage system has been installed to lower the groundwater level where the septic system is to be installed; and that water level is now twelve feet below the surface. He noted that the applicant has taken into consideration the views of this site from U.S. Highway 197 which is approximately six feet above the subject site; and he rvp/a this proposal minimizes any visual impacts this development may have on the entryway corridor. Mr' Kamp stated the subject application includes the 4.5-acre parcel upon which the applicant wishes to construct his car dealership, as well as a o.o-acnn pancel of open space 1v be developed along the Baxter Creek corridor. He stated that the water system, which will include two to four wefts, will be constructed to City specifications so that it can be tied into the City's system at some future date. He noted that Cottonwood Road and Auto Plaza Drive will be constructed to City standards from U.S. Highway 191 past the parcel currently being developed; and the remainder of those roadways will be constructed to County standards which can be utilized as the base for the upgraded roadways in further development of the planned unit development. Mr. Dan Kamp stated that although the staff report lca,co the impression that w great deal of the adjacent properties are residential in nature, in reality the property to the south is master planned for commercial development, to the west is residential--office, to the east is business park and to the north is residential. He noted those issues will be addressed during the next phase of development, when the full architectural guidelines are submitted for approval, Mr. Kamp tbom likened this process to that followed for the de- velopment of the Southwood Planned Unit Development. He stated that this first building wilt set the example and tone for the rest of the development; and the architectural yuida- [ines will be developed to assure that compatibility. Mr. Kamp stated that the state Department of Highways has reviewed the proposed access to U.S. Highway 101 from Cottonwood Road only; and they heartily endorse this n-05-90 - 17 - proposal. Ile then stated the applicant has maximized the setbacks for this building, not- ing it will be located 222 feet from U.S. Highway 191 and zYl feet from the west property line. He stated that he feels the infrastructure needs have been adequately addressed, noting they meet Qty specifications and/or the needs of the Rea Volunteer Fire Depart- ment, Mr. Dan Kamp addressed the sign issue, noting that the Design Review Board felt that the size and location of the signs is minimized by the size of the pwnc*| under consid- eration. He noted that the signs proposed for this site are already in existence, with the Mazda sign being relocated from the Noibauer property near the east interchange and the Chrysler/ Plymouth sign bdmQ relocated from the current Billion site on the corner of North Willson Avenue and West Mendenhall Street. He noted that the impact of those signs would be minimized with brnming and a backdrop of trees in the new location. Mr. Kamp noted that concern has been expressed about the proposed pedestrian circulation for this auto plaza. He stated that pedestrian walkways are to be provided on each site; however he indicated that no major padeamoo pattern is proposed throughout the development because people wilt typically move from site to site by vehicle. Mr. Kamp submitted to the Commission the drawing which he had presented to the Design Review Board on Tuesday. He noted that this revised drawing provides curvilinear landscaping, comprised of junipers and pntenti||a shrubs which would reach a height of two to threw feet. He stated this additional landscaping would provide a visual break between the highway and the asphalt paving without blocking the view of the dealership, Mr. Joe Billion, applicant, stated that due to time constraints, he felt it was best to proceed with this first phase taking time to adequately and appropriately prepare the architectural guidelines prior to the development of any additional phases. He stated his intention to make this a quality duvo|npmvot with the development being clustered more in a line along the extension of Cottonwood Road rather than along U.S, Highway 191. Mr. Billion stated that noise pollution is also one of his concerns. He indicated they have attempted to address that issue in the telephone system to be installed, noting that the zoned paging is to be done within the building whenever possible. He stated that numerous outside speakers will also be installed, so that the volume can be lower and yet accomplish the necuau result. Mr. Joe Billion stated that during this process he has come to recognize that the City's new master plan is a sound document with good concepts, Commissioner Frost asked =hat the setback will be from the widened U.S. Highway 191. Mr. Dan Kamp responded that widening of U.S. Highway 191 will move that right- of-way line 75 feet to the north since the additional right-or-way wilt be acquired along that side of the existing roadway. Therefore, paving for the proposed development will 1/-0s-su - lB - b*g/n approximately 80 feet from the right-of-way and 120 feet from the blacktop of the widened roadway. Mayor Hawks observed that the existing J.C. Billion building on West Main Street is located 86 feet from the curb. Commissioner Knapp asked how far to the north Cottonwood Road would eventually be extended. Mr, Dan Kamp indicated that has not yet been determined. He then indicated that a 60-font right-of-way will be provided for that portion of the roadway which is to be constructed as a part of this planned unit development. Responding to Commissioner Swanson, Mr' Billion stated it is his desire to attract one more oar dealership to this auto plaza. He noted that he also wishes to attract other automobile-related businesses, such as a d*tn|| shop and possibly an auto parts store. He noted that he anticipates a small clean-up business will be the next one to locate within this p|aza. Commissioner Swanson noted that cur sales is one business in which aggressive sales promotion is essential. He also noted that screening to minimize the impacts of de- ,e/opm*nt along entryway corridors is the desire of the City; and d`oao two positions are definitely contradictory. He then asked how the screening and landscaping proposed will impact this business. Mr' Joe 8D{k`n responded that was also one of his moncerus. He stated however, that he feels that the revised landscaping proposal will soften the visual impacts of this development without impairing the visibility of his product. He concurred that promotion and getting attention are critical in this buainrss. He noted that be does not fee/ that banners, streamers and flags are crucial in gaining that attention; however, he suggested that rather than limiting his operation, this issue should be addressed through the sign code so that all car dealerships operate under the same ru|es. Mr. Billion stated that he feels that with the extended setback from the highway' this project will be e real asset to the cpmmunity. He then addressed the issue of light- ing, stating that he wants a quality development where the lighting does not impact the adjacent roadway. He stated that to that enu, he plans to install u substantial number of lighting fixtures which will be hooded to direct the light down onto a small area. He ont- *g that Rooky Mountain Security will patrol the lot at irregular hours; tbmrofnr,' he h,ds that security issues will be adequately addressed. Responding to Commissioner 5*nnsom the Planning Director noted that off-premise signs are not a||pwod/ therefore, no additional dealerships or associated businesses will be a|/owed to erect their signs along D.S. Highway 791. Responding to questions from Mayor Hawks Mr. Kamp reviewed the areas which will 11-os-pu _19_ be utilized for display of new and used vehicles and the manner in which landscaping will break up the visual expanse. Commissioner Frost observed that someone traveling in o vehicle wilt be ten to twelve feet higher than the tot; and three-foot vegetation wilt not do much to break up the appearance of this development. He suggested, rather, that tour- to six-foot vegetation could be utilized to more appropriately address the visual impact noting that it still m^u/u not screen the |cm or the building. Mr. Billion reminded the Commission of the three-acre open space being provided along the Baxter Creek corridor and the fact that the landscaping which would normally be required along the roadway has been relocated in dumps along that corridor to help mini- mize the impact of this development. He further noted that the two- to three-foot high bushes will he effective in softening the site even though viewers will be looking down on the project. He them expressed concern that a six-foot tree could block the view of the cars which someone may be attempting to see while driving by. Commissioner Frost noted the proposed building is to be located lmv feet from the highway, which is twice the distance of the existing J.C. BUxum building on west Main Street. He then asked how far the K-Mart building is ,et back from North 7th Avenue, noting one has no trouble seeing the building or the cars in the parking |*t. He ex- pressed concern that this proposal wilt result in a sea of asphalt being visible from various points especially as one travels eastward, since there will be 150 foot between clumps of trees. He then reiterated his support for some additional vertical landscaping along the front' Commissioner Swanson suggested islands of vertical landscaping in the asphalt area. Mr. Billion responded that to provide islands of landscaping within the asphalt area s*,aro|v restricts arrangement of the vehicles on display. He stated that with the fluc- tuation in the amount of inventory a dealer may have, it is important to maintain as much flexibility as possible. He further noted that the snow removal area definitely dnco not /end itself to interior landscaping. Mayor Hawks questioned why it is not in the City's best interests to review this application as an isolated development rather than a total planned unit development with guidelines in place. He noted this is the first development which the Commission is trying to integrate into the entryway concept; and it will yet standards for that entryway. Commissioner Swanson noted that, as a whole, the conceptual master plan for this development seems to meet the intent of the code. He noted that the limited frontage on U.S. Highway 191 causes development to occur along Cottonwood Road which is horizontal to the highway. Mayor Hawks stated his concern is that the cumulative effects of this development l<-05-90 -o- Planning Director Epp|u responded that those four conditions have been combined into Condition Mo. 75' He then suggested that if the Commission wishes, it may list each one individually as a separate condition. Commissioner Frost stated he feels that the costs of installation and maintenance of the landscaping should be addressed. Planning Director Eppve stated he feels those issues have been included in the con- ditions as proposed, He then noted that when the costs of improvements are calculated for the improvements agreement all of the landscaping costs will be induded. Responding to Mayor Hawks the Planning Director reviewed the size or each of the requested signs` He noted the Mazda sign is 120 square feet; the Chrysler/ Plymouth sign is 80 square feet; and the facade sign is oo square feet. He stated that the aggregate of 260 square feet exceeds the allowable *ignage area by /o square feet; xmwe*ar the onm felt that was acceptable due to the size of the lot and the setbacks being utilized. Responding to Commissioner Gouhrung, Mr. Kamp indicated that the facade sign will be a relief sign within the Dry"it utilized in the building. He stated that very little il- lumination is planned; and that will be from the front or the structure. No one was present to speak in opposition to this requested conditional use permit for e planned unit development. Commissioner Oochrung noted an interest in providing a vertical break along U.S. Highway 191 rather than the proposed shrubbery contained in the revised landscape plan. He then reminded the Commissioners that during their discussion of oignage along the West Main Street corridor, one of the issues mentioned was a desire to not have any signs break the skyline. He noted that in this proposal, the freestanding signs do break the sky|ine, suggesting the Commission may wish to require that they be lowered. He also suggested it may be beneficial to receive more input from the Design Review Board on the rationale for |aox of landscaping along U.S. Highway 191. The Commissioner then sug- gested that the »orizouta[|y-oricnted Mazda sign be treated as a monument sign, which would bring it below the |*°ei of the Chrysler/ Plymouth sign and below the skyline. Responding to Mayor Hawks, the Planning Director stated that the recommendation forwarded by the Design Review Board was a formal vote taken, on the revised landscape plan which Mr' Kamp submitted. He stated that the Board determined that this revision was an appropriate and suitable response to concerns raised during the Planning Board hearing on this application. The Planning Director noted that the Commissioners' interest in vertical landscaping would provide some visual re|lcf, which would not he provided with the lower landscaping. He then reminded the Commission that the freestanding signs as proposed are 17 feet o inches above the grad* of the road; and that is within the zone code regulations because 1Y-o5-9n -zz- of the distance they are set back from the roadway. Rr5pnndinO to Commissioner Swanson, the Planning Director stated he must review the zone code to determine whether streamers are allowed. Commissioner Frost stated he feels clarification on the zoning of properties to the east and the west, and a determination of whether they are commercial or residential, is of utmost importance. Mayor Hawks continued the public hearing to 3:3:0 p.m. on Tuesday, November 13. Break - 9'17 to 9:22 p.m. Mayor Hawks declared a break from 9:17 p.m. to 9:22 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public heari Conditional Use penn|t Cellular Information Systems, Inc. allow strurtinn of a 1 by 24-foot prefabricated equipment building and two telephone poles on a Dortion of Tract 39A. Story Hills Plat (Bici Gulch Road) 'This was the time and place set for the public hearing on the Conditional Use Per- con- struction of a 12-foot by 24—foot prefabricated equipment building and two telephone poles on a portion of Tract 39A Story Hills Plat. The subject property is located on Big Gulch Road and is more commonly known as "Beacon Hill." Mayor Hawks opened the public hearing. City Manager Wysocki noted that included in the Commissioners' packets were copies of a |oomer of opposition submitted by V. Gordon and s|nanv, J. Hudson, oyvn Springhill School Road, dated October lV. 1990; and two letters of opposition submitted by 8ronUino and Associates, Agent for the Collier Family Trust, dated September 7 1990 and October 2 1990. Assistant Planner Debbie ArkeU presented the staff report, She reminded the Com- mission that this is a resubwiva/ of the application which had been previously filed and upon which the Commission had conducted its public hearing at the meetings of September 4 10 and lr. She noted that the decision was made to require that this application be resubmitted due to a technicality in advertising. "'The Planner reminded the Commission that under this application, a 12-foot by 24-foot prefabricated equipment building and two telephone poles would be erected on a portion of Tract 39A, Story Hills Plat, which is commonly known as "Beacon Hill." 'The Planner then referred to the two letters of opposition which have been re- ceived, noting that both Mr. and Mrs. Hudson and Brondino and Associates have indicated they will not allow access across their properties to this site. She stated that Cellular Information Systems, Inc., must now obtain an access easement from Big Gulch Road 11-o5-90 -z3- across Tract 39 which is currently owned by Mr. Tim Barnard. Planner ArkeH reviewed the four variances which the applicant has requested in conjunction with this conditional use permit, noting they pertain to screening, landscaping, parking and public street frontage. She then indicated that this application was reviewed in light of the six criteria set forth in the interim zoning ordinance. She noted that the subject equipment building will not be occupied; however, someone will make trips to the site on a regular basis for general maintenance purposes. Planner Debbie Arka|( stated that Big Gulch Road is neither an improved dedicated public or private road at this time; however, efforts are presently being made to correct that problem. She stated that because of current situation, all attempts to expand or con- struct new buildings must go through the variance process. She noted that this subject application is markedly different from applications for single-family residential uses because the traffic impacts will be substantially less. The Planner noted that the master plan designates this area as rural residential; however, the current zoning is o-o Community Business. She stated that in the interim zoning ordinance ''Eyyvmda[ Service, Type i/" is listed as a conditional use in the B-2 zone. Planner Arke|| reviewed the fifteen recommended conditions for approval of this ap- ptica1ion. She also reminded the Commission that since variances are involved, e v no l affirmative vote is required for approval of those items. She noted that a 3 to o affirma- tive vote wnu/u result in approval of the conditional use permit but denial of the attendant variancrs. Responding to questions from Commissioner Frost, the Planner noted that condition No. I requires that the applicant provide documentation of legal access from a dedicated public road to the subject parcel. She noted that if platting and dedication of Dig Gulch Road as it exists can be accomplished, the only documentation required will be from that road across Tract 39. Mr. Mike Lilly, attorney representing Cellular Information Systems' Inc_ indicated Mr. Turley was unable to he present. Mr' Lilly stated he has met and discussed develop- ment of an access easement with Mr. Bornard's attorney' noting he feels this is an appro- priate condition for the City to impose. He then requested that the Commission approve the application with the conditions as proposed, and then a|/ow him time to address and resolve the problems. Responding to Commissioner GoahronQ Mr. Lilly indicated that the applicant once again plans to construct n /z-foot by 24-foot prefabricated equipment building on a con- crete stab. City Manager Wysocki asked about the language in the second half of Cnnu|upm No. l7-o5-eo - 24 - s ' which states "...' or is shown to have any detrimental affect on human beings the C=l- |u/ar telephone operation use must cease;" Assistant Planner Arko/| stated that the portion referring to human beings was add- ed by the Planning Board after a concern was raised by Mr. Jim Brown at the first hear- ing regarding possible radiation from this activity. She noted that Mr. Turley had in- dicated that the amount of radiation emitted from this activity is very' very small when compared to other uses in that area; however, the Board rw|t it was proper to add the language. Mr' Mike Lilly stated that the applicant is willing to accept the additional language in this condition. He noted that the amount of radiation emitted is miniscule and will cause no adverse health impacts. He stated that if such o problem were to occur however Cel- lular Information Systems would probably remove its equipment because of the liability problems incurred. The City Manager stated he feels the condition needs to be revised to more accu- rately reflect the Board's concerns. He then suggested that the condition be revised to state " ... detrimental effect on the health, safety and welfare of human beings..." The Commission concurred. Responding to Commissioner Knapp, the City Attorney indicated that Condition N*' 2 does protect the City, putting the app{/cant on notice that the City accepts no respon- sibility for maintenance of the access. Commissioner Frost asked at what point in the process documentation or legal access will be required; Planner Arkoy[ responded that will be required prior to issuance of w building permit. Commissioner Frost then suggested that Condition m*. l be modified to include that language; the Commission concurred. Mayor Hawks asked if the applicant is willing to accept the conditions as presented and revised; attorney Lilly responded in the affirmative. No one was present to speak in opposition to the requested conditional use permit. Mayor Hawks closed the public hearing' It was moved by Commissioner Knapp' seconded by Commissioner Goehrung that the Commission waive the customary one-week waiting period. The motion carried by the following Aye and No vvte; those voting Aye being Commissioner Knapp, Commissioner Gvohrung Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No none. Commissioner Guehron9 asked for clarification on the City's position regarding addi- tional development in Story Hills, noting he feels it is important to maintain consistency in the decision-making process. He further noted that when he served on the Board of Ad- justment, no request involving new construction was approved because of the access prob- -u5- lems, and asked if that is still the policy. He also asked if the requirement for clocumen- tation of legal access addresses that issue. The City Manager reminded the Commission that a majority of the development in Story Hills is residential, which causes substantially more impact on the City's services than this proposed structure would. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission approve the Conditional Use Permit requested by Cellular Information Systems, Inc., to allow construction or a 12-foot by 24-fnot prefabricated equipment building and two telephone poles on a portion or Tract 39A Story Hills Plat, subject no the following l. That the applicant must provide the governing body with documenta- tion of a legal access from a dedicated public road to the subject property prior to issuance of a building perm/t; Z. That the applicant must certify that they agree that the governing body has no obligation to maintain or improve the legal access or pro- vide services until such time that the access is improved to City standards and dedicated for public use. The applicant must further certify that until improvements and dedication, the City will be held harmless from any liabilities or conditions related to the described le- gal access; 3. That the construction comply with all applicable building code re- quirements, and that proper building permits be secured prior to the start nfconstruction; 4. That a gate and °Mm Trespassing" sign be installed at the bottom of the access drive in a location approved by the Planning Director; 5. That if the cellular telephone operation affects the operation or equip- ment located beyond the property line or is shown to have any dat- rimenta[ effect on the health, safety and welfare of human beings the cellular telephone operation use must cease/ V. That the final site plan conform with all requirements of the zoning code, with the exception of the following variances: A. That all requirements of Section 18.50.090 Screening, be waived; B. That all requirements of Section 18.50.100. Landscaping, be waived, C. That all requirements of Section 18.30.120 Parhjng, be waived; and D. That Section 18.50,140(A) Public Street Frontage, which re- quires that property must front on a public street or on ap- proved private street, be waived; 7. That a Weed Control Plan be implemented for the road and building site as per the recommendation of the County Weed Control Board; 8. That the right to a use and occupancy permit shall be contingent up- nn the fulfillment of all general and specific 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 binding upon the owner of the land, his successors or assigns; lo. That all conditions specifically stated under any conditional use listed in the zoning ordinance shall apply and be adhered to by the owner -2h- of the land, successors or assigns; ll, That all of the special conditions shall be consented to in writing by the applicant; lz. That three copies of the final site plan, containing all 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, One signed copy shall be retained by the Planning Department, one signed copy shall be retained by the Building Department and one signed copy shaft be rota/nod by the applicant; 13' That if improvements are not installed prior to final site plan ap- proval, the applicant shall enter into on improvements agreement with the City. Detailed cost estimates, construction plans and methods of security shalt be mode a part ofthat agreement; 74. That if occupancy of the structure or commencement of the use is to occur prior to the installation of improvements, the 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; and 15. That all nn-site improvements shall be completed within eighteen months of approval of the final site plan. The conditional use permit shall be valid only for a period of eighteen months following approval or the final site plan. Prior to the permanent renewal of the permit at the nmu of that period, the nppicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be mode and o report made to the City Commission for their action, If all required conditions have been satisfied, the permit wilt be permanently gran- ted. The motion carried by the following Aye and No vote: those voting Aye being Commission- er Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Adjournment - 10:03 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Swanson that the meeting be ad- journed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Fnnst, Commissioner Swanson, Commissioner Knapp Commissioner Gp*hrung and Mayor Hawks; those voting No, none.