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HomeMy WebLinkAbout2002-03-18 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March '18, 2002 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, March 18, 2002, at 7:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, CommissionerAndrew Cetraro, City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, City Attorney Paul Luwe and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - January 18, 2000, and January 22, February 25, and March t 1, 2002 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meeting of February 25, 2002, be approved as submitted. The motion carried by the following. Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, 'Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and January 22 and March 11, 2002, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Acknowledqe receipt of request for annexation of 10.64 acres from David MacDonald for the Estate of Eula May Lessley - Tract 2 and a portion of 48 FM 220, located in the NE%, Section 11, T2S, RSE, MPM {north side of West Babcock Street, immediately west of Kirk Park); refer to staff Authorize City Manager to siqn - Acceptance of Bill of Sale from Tyrone C. Pollard and Terry R. Pollard - green metal "vehicle storaqe" buildinq at City Shop Complex, 814 North Bozeman Avenue Authorize City Manager to siqn - Memorandum of Understanding with the Montana Department of Transportation and Maintenance Agreement - for use ot Montana Air and Conqestion Initiative (MACl) - Discretionary Fundin(~ {air quality) monies for improvements to the intersection of West Colleqe Street and South 19th Avenue (CMl 201 [9] CN4918) Claims It was moved by Commissioner Hietala, seconded by Commissioner Brown, 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 Hietala, Commissioner Brown, Commissioner Cetraro, CommissionerYoungman and Mayor Kirchhoff; those voting No, none. 03-18-2002 -2- Ordinance No. 1558 - establishinq initial municipal zoning designations of"R-2" and "R-3A" on 18.7 acres located alone the north side of West Babcock Street, east of its intersection with Valley Drive Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1558, as approved by the City Attorney, entitled: ORDINANCE NO. 1558 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL ZONING DESIGNATION OF "R-2" (RESIDENTIAL SINGLE-FAMILY, MEDIUM DENSITY DISTRICT) AND "R-3A" (RESIDENTIAL TWO-FAMILY, MEDIUM DENSITY DISTRICT) ON 18.7 ACRES SITUATED IN THE SOUTH HALF, NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, AND LOCATED NORTH OF WEST BABCOCK STREET AND EAST OF VALLEY DRIVE. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that Ordinance No. 1558, establishing initial zoning designations of "R-2", Residential--Single-family, Medium-density, and "R-3A", Residential--Two-family, Medium-density, on 18.7 acres located along the north side of West Babcock Street, east of Valley Drive, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Ordinance No. 1559 - amending Section 15.01.010, providing for adoption of current editions of various model building technical codes by administrative order Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1559, as approved by the City Attorney, entitled: ORDINANCE NO. 1559 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 15.01.010; PROVIDING FOR THE ADOPTION OF THE CURRENT EDITIONS OF THE VARIOUS MODEL BUILDING TECHNICAL CODES BY ADMINISTRATIVE ORDER OF THE CITY MANAGER, AND PROVIDING A PENALTY FOR VIOLATIONS. It was moved by Commissioner Cetraro, seconded by CommissiOner Youngman, that Ordinance No. 1559, providing for adoption of current editions of various model building technical codes by administrative order, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Public hearing - Conditional Use Permit - allow sale of beer and wine under cabaret license on Lot 1, Tract 5, Gardner-Simmental Plaza Subdivision - Double S Holdings, LLC, for MacKenzie River Pizza, 145 Rawhide Ridge (Z-02019) This was the time and place set for the public hearing on the Conditional Use Permit requested by Double S Holdings, LLC, under Application No. 7-02019, to allow the sale of beer and wine under a cabaret license on Lot 1, Tract 5, Gardner-Simmental Plaza Subdivision. The application is for MacKenzie River Pizza, located at 145 Rawhide Ridge Road. Mayor Kirchhoff opened the public hearing. Assistant Planner Karin Caroline presented the staff report. She stated this conditional use permit allows for sale of beer and wine for on-premise consumption at MacKenzie River Pizza, a small restaurant 03-18-2002 -3- in conjunction with a food processing facility located in an "M-I" zoning district. She reminded the Commission that at last week's meeting, a zone code amendment to allow for the sale. of alcoholic beverages in conjunction with a restaurant attached to a food processing facility in the "M-I" district was approved, but that amendment needs to be finalized in ordinance form before it becomes effective. Mr. Steve Shuel, applicant, stated.concurrence with the staff report and a willingness to respond to questions. He then noted he views this Commission and the City staff as pro-business, and that he sees this situation as a positive example of trying to make things work "when not eVerything falls between the lines perfectly." No one was present to speak in opposition to the requested Conditional Use Permit. Commissioner Hietala voiced concern that the zone code amendment adopted at last week's meeting seems to be for a single individual. He also suggested that business should be encouraged in the community's inner core rather than along North 19th Avenue, and cautioned that encouraging development along the North 19th Avenue corridor could result in blight along Main Street and North 7th Avenue. He indicated that licenses to sell alcoholic beverages are a limited resource and questioned whether allowing the use of such a license in the "M-I" zone is appropriate. Mayor Kirchhoff stated he is in general agreement with the philosophy that the community should develop from the inside out, or from the inner core to the fringes. He then stresSed the fact that the zone code amendment approved at last week's meeting pertains to all "M-I" zoned property, including portions of the northeast sector and East Main Street. Responding to Commissioner Brown, Mr. Steve ShUel stated that restaurant beer and wine licenses are issued on a quota basis and are awarded by lottery. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Conditional Use Permit requested by Double S Holdings, LLC, under Application No. Z-02019, to allow the sale of beer and wine under a cabaret license on Lot 1, Tract 5, Gardner-Simmental Plaza Subdivision, be approved subject to the following conditions: No beer and/or wine may be sold at the subject property until the City of Bozeman zone code, allowing such conditional use in the "M-I" district, has been finalized. The applicant shall obtain a City of Bozeman Beer and Wine License and provide the Planning Office with a copy of the license prior to final site plan approval. A copy of the State of Montana Department of Revenue On-Premise Restaurant Beer and Wine License to serve beer and wine at 145 Rawhide Ridge shall be submitted to the Planning Office prior to final site plan approval. Furthermore, any expansion, modification or enlargement in Scope of the on-premise restaurant beer and wine license or. its use, as established as of the date of issuance of the license, will require another approved conditional use permit. o The right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. All of the special conditions shall constitute restrictions running with the land; shall be binding upon the owner of the land, his successors or assigns; and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the commencement of use. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff; those voting No being Commissioner Hietala. Commissioner Cetraro abstained due to a conflict of interest. 03-18-2002 4- Continued public hearinq - Zone Code Amendment - revise Section 18.52.030 of the Bozeman Municipal Codeto provide for consideration of fiscal criteria in site plan review for buildings greater than 50,000 square feet in gross floor area and settina parameters therefor (Z-02020) This was the time and place set for the continued public hearing on the Zone Code Amendment initiated by the City Commission under Application No. Z-02020, to revise Section 18.52.030 of the Bozeman Municipal Code to provide for consideration of fiscal criteda in site plan review for buildings greater than 50,000 square feet in gross floor area and setting parameters therefor. Included in the Commissioners' packets was a copy of Ordinance No. 1557, as revised by Staff Attorney Day-Moore to reflect revisions submitted by the Commissioners as a result of last week's meeting, entitled: ORDINANCE NO. 1557 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 18.52.030; PROVIDING FOR THE CONSIDERATION OF FISCAL CRITERIA IN SITE PLAN REVIEW UNDER SPECIFIED CIRCUMSTANCES, AND SETTING THE PARAMETERS THEREFOR. Mayor Kirchhoff reopened the continued public hearing. Staff Attorney Patricia Day-Moore reviewed the revisions she had made to the ordinance after last week's meeting. She noted that the order of the new sections has been revised to require that the applicant provide certain types of information in conjunction with submittal of the application to assist a consultant in doing an economic impact study. Under the revisions, she has also attempted to give the City more control over the economic impact study. She suggested that a short list of consultants and their fee schedules be established so that the costs of the study are known upfront and the applicant can pay the proper amount into an escrow account. She indicated that a provision has been included to allow a building to grow by a certain percentage without requiring an economic impact study. Mr. Matt McKennan, 2910 Donna Avenue, stated that choosing a consultant to do the economic impact study should be a cooperative effort between the applicant and the City, not just a City decision. He cited several instances where the results of a study were skewed to reflect the desires of the agency requesting it. He then questioned how the data or information from the study can be proven without giving it ten or fifteen years to work. He stressed that Montana is trying to attract business; and he is concerned that the requirement for an economic impact study will discourage businesses from coming in, resulting in lost tax revenues. He concluded by suggesting that if economic impact studies are required, they should be for all businesses rather than just big box stores. He also proposed that a sunset clause be included, so that this issue is revisited annually. Mr. Carl Esbjomson, 236 Marilyn Court, stated support for the amendment,-particularly since big box and other commercial development can have huge impacts on the community. He noted that he believes in free enterprise and being pro-business, but he also believes in democracy and the right to control one's quality of life. He stated it is not unreasonable to ask for an impact study on large retailers, particularly since they are generally well capitalized and well financed, and have the potential of overwhelming the local economy. He recognized that big box stores can be part of the community but stressed the importance of them cooperating with the community and not destroying the quality of life. He concluded by expressing his hope that this ordinance will promote economic diversity rather than allowing big corporations to overrun and overwhelm the community and the local economy. Mr. Bill Mitchell, 122 South Church Avenue, noted that the application for Lowe's has already been submitted, and it should be considered under the rules in place at the time of its submittal. He reminded the Commission of his garage roof a few years ago, and the determination that the rules could not be changed in midstream. He concluded by noting that North 19th Avenue was identified as a corridor for big box stores in an effort to keep them centralized in one area. 03-18-2002 5- Mr. Bill Ranard, 3216 Augusta Drive, stated he is not opposed to smart growth, noting the importance of adopting measures to ensure that type of growth. He cautioned against the "not in my back yard (NIMBY)" attitude that he has witnessed recently on many of these types of issues.. He encouraged the Commission to address these issues practically, and cited the WalMart decision as an example of what not to do, based on community responses. Responding to Jerry Perkins, 511 North Wallace Avenue, City Attorney Luwe stated that minor changes, can be made to the ordinance between provisional and final adoptions. He then indicated that, if the Commission provisionally adopts the ordinance tonight, it can be made available to the public in a variety of ways between now and the meeting in two weeks. Mr. Philip Saccoccia, 8991 Springhill School Road, stated that since the'Lowe's application and Home Depot application were received essentially at the same time, it seems appropriate that they be considered under the same regulations, and that the Lowe's application should be exempted from this economic impact study ordinance. Mr. 'Greg Allen, 502 Greenway Avenue, suggested the possibility of a mixed use planned unit development that addresses all of the issues, including housing, offices, retail, and big box stores. He proposed that one economic impact study could be done for the entire development, rather than requiring studies for each individual building over 50,000 square feet. He noted that the result would be good planr~ing on a more comprehensive basis rather than just considering individual buildings. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing, Staff Attomey Day-Moore indicated that this ordinance might not apply to the Lowe's application; however, that does not preclude the Commission from imposing a condition requiring an economic impact study, similar to the conditions applied to the WalMart expansion and the Home Depot. application. Planning Director Andy Epple addressed the proposal for an economic impact study for a planned unit development, concurring that would be feasible and possible and would further the intent of the PUD process. Staff Attorney Day-Moore stated that while the ordinance stipulates that the City will choose the consultant for the' economic impact study, it does not preclude working with the applicant to Choose a consultant. She indicated that, if the Commission wishes, this provision can be revised to require the more cooperative approach. She also noted another alternative would be to do a single economic impact study that could be updated annually. Commissioner Hietala expressed concerns that the economic impact study process takes time, that there is no way to predict the outcome of the study, and that the outcome has not been tested, As a result, he suggested that this ordinance be revised to apply to buildings of 70,000 or 75,000 square feet, with a sunset in two or three years. He indicated that the City would then have data available on the results of the studies. He also recommended that all future applicants who have not been before the Commission Would be required to comply with this ordinance. Commissioner Youngman voiced concern that the Commission continUes to consider only one option at a time, not comparing the alternatives and determining which option is best. As a. result, she indicated a willingness to provisionally adopt this ordinance at this meeting if it removes any ambiguity for the Lowe's application; however, she stated the Commission needs time to give consideration to all of the optiorls available. She suggested that one well-done economic impact study, updated annually, would be more time effective, efficient and cost effective, and makes more sense than individual studies. She suggested that the Study could be funded through contributions from several applicants, and could provide a multi-year assesSment that identifies thresholds based on the size of community, existing market and room for different kinds of growth, as well as possible negative impacts on existing businesses. She indicated that she is unsure about the proposal .to increase the size of buildings to which this ordinance would apply. She concluded by suggesting the possibility of creating a task force to become involVed in the process of developing a mechanism for addressing community impacts resulting from certain types of development. 03-18-2002 -6- Commissioner Brown stated he has no problem with the possibility of this ordinance applying to the Lowe's application, particularly since the Commission has already imposed similar requirements on WalMart and Home Depot. He recognized the mechanisms for requiring mitigation of impacts may be slightly different in each case, but the result is essentially the same. He indicated support for the 50,000-square- foot limitation in the ordinance, rather than the proposed 70,000-square-foot limitation, although he feels it may also be important to consider variable sizes based on the type of business. He noted that Commissioner Hietala's suggestion at last week's meeting that the size of a new store be capped at 50 percent of the total square footage of similar businesses in the community may merit further consideration. He also stressed the importance of recognizing that different stores have different degrees of impact on the community, in part because of the wages paid and benefits provided. He suggested that, if a comprehensive economic impact study is to be undertaken, the City should be prepared to pay the costs, with incremental costs to be assessed against future applicants. He concluded by stating he is willing to consider provisional adoption of this ordinance, recognizing it can be revised prior to final adoption. Commissioner Cetraro stated that, basedon the above comments, he agrees the City needs to get a handle on the proposed impacts. He indicated that he is not supportive of this ordinance; but he supports a general, more lengthy discussion and recognizes Commissioner Youngman's suggestion for creating a task force as a good mechanism for accomplishing that. Mayor Kirchhoff noted that at next week's meeting, the Commission will consider the ordinance to establish a moratorium on construction of big box stores. Another issue identified, during discussion was the creation of a task force, and the Mayor suggested that the appointment of a task force be placed on next week's agenda so that process can be started quickly. Responding to Commissioner Hietala, City Attorney Luwe recommended that the moratorium to be considered at next week's meeting should be for the standard six-month period. He noted that if the Commission has identified and processed the necessary zone code amendments to implement new regulations prior to the end of that six-month period, the moratorium can be ended. During discussion, the Commissioners agreed with a two-prong approach, adoption of this ordinance and possible adoption of the ordinance creating a moratorium at next week's meeting to allow time to study alternatives for identifying and addressing impacts from big box development. The Commissioners also discussed the idea of changing the 50,000-square-foot minimum to 70,000 square feet; a majority of the Commissioners expressed an interest in not changing the cap at this time. The Commissioners also discussed the proposal for a single economic impact study, and a majority expressed support. After further discussion, a majority of the Commissioners indicated they were not interested in adding a sunset provision to this ordinance. It was' moved by Commissioner Hietala, seconded by Commissioner Cetraro, that the Zone Code Amendment initiated by the City Commission under Application No. Z-02020, to revise Section 18.52.030 of the Bozeman Municipal Code to provide for consideration of fiscal criteria in site plan review for buildings greater than 50,000 square feet in gross floor area and setting parameters therefor be approved, and that Ordinance No. 1557 be provisionally adopted as revised to: (1) provide for a single impact study to be conducted by multiple applicants, (2) amend the reference to 50,000 square feet to 70,000 square feet, and (3) add a subsection 6 under 18.52.030.D., to provide a sunset provision for expiration of this ordinance four years from date of its adoption, and that it be brought back in three weeks for final adoption. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Hietala; those voting No being Commissioner Cetraro, Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Zone Code Amendment initiated by the City Commission under Application No. Z-02020, to revise Section 18.52.030 of the Bozeman Municipal Code to provide for consideration of fiscal criteria in site plan review for buildings greater than 50,000 square feet in gross floor area and setting parameters therefor be approved, and that Ordinance No. 1557 be provisionally adopted as revised to provide for a single economic impact study to be paid for by the City and reimbursed by multiple applicants, and that it be brought back in three weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman and Mayor Kirchhoff; those voting No being Commissioner Cetraro and Commissioner Hietala. 03-18-2002 iscussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Letter from Suzanne Winchester, 303 East Cleveland Street, dated Mar~;h 6, thanking the City for its support of the GalaVan program. (2) stores. Anonymous letter from a citizen voicing concerns about the Commission's action on big box City Manager Johnson asked if the Commissioners wish to receive anonymous letters; a majority of the Commissioners indicated they do not and asked that such letters not be forwarded to the Commission. (3) Letter from Philip Saccoccia, dated March !5, asking for equal treatment of the two home improvement warehouse stores going through simultaneous review processes.' (4) Letter from Bill Smith, 2200 West Dickerson Street, dated March 14, voicing appreciation for the Commission's decision on Home Depot. (5) E-mail from Alex Phillips, dated March 14, voicing support for a moratorium on big box stores. (6) stores. Copy of the draft urgency interim zoning ordinance establishing a moratorium on big box The City Manager asked that the Commissioners forward any comments or concerns regarding this ordinance to the City Attorney during the upcoming week. · (7) Agenda for the County Commission meeting to be held at 9i00 a.m. on Tuesday, March 19, at the Willson School. (8) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, March 19, at the Professional Building. · (9) Agenda for the City Planning Board meeting to be held at 7:00 p.m. on Tuesday, March 19, in the Commission Room. (10) Agenda for the Zoning Commission meeting to be held at 7:00 p.m. on Wednesday, March 20, in the Commission Room. (11) City Manager Johnson stated that he welcomed a group of Russians to town last week. (12) Planning Director Andy Epple reminded the Commission of the public workshops and open houses on the changes to the zone code and subdivision regulations. He noted one of the staff members has prepared illustrations of the various concepts and-changes .so that complex issues can be more easily explained to the public. (13) Director of Public Service Debbie Arkell distributed a memo to the Commissioners, inviting them to attend a demonstration of equipment maneuvering around vadous traffic calming scenarios, to be held at 2:00 p.m. at the Shop Complex. She indicated that the demonstration will be videotaped for those who are .unable to attend. (14) Commissioner Youngman asked if the Commissioners wish to appoint a task force next week. As a result of discussion, the Commissioners decided to submit two names each to the City Manager bY 5:00 p.m. on Wednesday, with that list of nominees to be included in the packet and a task force of eight members to be appointed at next week's meeting. 03-18-2002 -8- Break - 9:05 p.m. to 9:20 p.m. Mayor Kirchhoff declared a break from 9:05 p.m. to 9:20 p.m., in accordance with Commission policy. Executive session re perSOnnel Mayor Kirchhoff announced his intent io close the meeting and enter into executive session, under Section 2-3-203(3), MC.A, to discuss a personnel issue which relates to a matter of individual privacy, He stated that .he has determined the demands of individual privacy clearly outweigh the merits of public disclosure. At 9:20 p.m., Mayor Kirchhoff called an executive session for the purpose of discussing personnel issues and asked all of the 'persons except the City Manager, City Attorney, Director of Public Safety, Personnel Director, Assistant Director of Public Safety-Fire Operations/EMS, Bozeman Firefighter Association representative, the firefighter and his attorney, and the Clerk of the Commission to leave the room. At 11:06 p.m., Mayor Kirchhoff cloSed the executive session and reopened the meeting. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Commission find the charges established by the Director of Public Safety have been proven. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner ¥oungman, Commissioner Hietala, Commissioner Brown and Mayor ¥oungman; those voting No, none. At 11:07 p.m., Mayor Kirchhoff called a continuation of the executive session. At 11:27 p.m., Mayor Kirchhoff clo~ed the executive session and reopened the meeting. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Commission uphold the penalties imposed by the Director of Public Safety. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner. Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Adjournment - 11:28 p.m. There being no further business to Come before the Commission at this time, it was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. ATTEST: ROBIN L. SULLIVAN Clerk of the Commission 03-18-2002