HomeMy WebLinkAbout2002-03-04 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
March 4, 2002
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, March 4, 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.
Public hearinq - Conditional Use Permit - Dan and Linda Fillinqer-allow sale of alcoholic beveraqes
in a non-.qamin_q, non-smokin~ Ioum3e located in Unit 8, Oakwood Square Condominium, Lot 4,
Festival Square Minor Subdivision No. 131 (Duck's Lounge, 2405 West Main Street) (Z-01234)
This was the time and place set for the public hearing on the Conditional Use Permit with Certificate
of Appropriateness requested by Dan and Linda Fillinger under Application No. Z-01234, to allow for the
sale of alcoholic beverages in a non-gaming, non-smoking lounge located in Unit 8, Oakwood Square
Condominium, on Lot4, Festival Square Minor Subdivision No. 131. The subject property is located at 2405
West Main Street and is to be known as Duck's Lounge.
Mayor Kirchhoff opened the public hearing.
Senior Planner Dave Skelton distributed a letter of support from Gaston Engineering and a petition
of support containing 32 signatures, after which he presented the staff report. He reminded the
Commissioners that on February 4 they voted to approve this application; however, staff subsequently found
that the noticing requirements were not fully met. As a result, the Commission's decision was null and void,
and the issue is before the Commission once more.
The Senior Planner stated that three adjoining landowners have voiced opposition to this requested
conditional use permit. Their concerns include adequate off-street parking, use of the back (north) door of
Quizno's, the type of activity, impacts on adjoining properties, hours of operation and duration of the
conditional use permit. In response to those concerns, staff has recommended five additional conditions.
Senior Planner Skelton stated that the applicant proposes to operate an espresso and donut shop
in this location from 7:00 a.m. to 11:00 a.m., with the pub operating from 3:00 p.m. to 11:00 p.m. If this
application is approved with the recommended conditions, the applicant must file for a new conditional use
permit prior to expiration of this permit at the end of three years.
Responding to Mayor Kirchhoff, the Senior Planner stated the applicant is in general agreement with
the recommended conditions of approval.
Responding to Commissioner Youngman, the Senior Planner stated that the existing lighting is
canned shoebox lighting which complies with the code requirements, and no additional lighting is proposed
on the north side of the building. He noted that, in an effort to address concerns about parking, the applicant
has entered into a perpetual agreement with Lucky Lirs for parking spaces for the employees.
Responding to Commissioner Brown, the Senior Planner stated he does not believe Condition Nos.
8 and 19 conflict as proposed. He noted, however, that if the Commission is concerned, Condition No. 8
could be revised to stipulate that the restrictions on the land are only for the term of this conditional use
permit.
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Responding to Mayor Kirchhoff, the Senior Planner stated tl~at this planned unit development was
started in the late 1980s; and adequate off-street parking was provided for the two buildings in the first
phase, with this building being one of them. He stressed that the perpetual agreement for parking spaces
at Lucky Lil's is simply to address the concerns of those opposed, not because they are required.
Mr. Dan Fillinger, applicant, stated there are no real changes in the application between the last
hearing and this one. He noted it is still an upscale, non-smoking, non-gaming pub in the afternoon, and
an espresso shop in the morning. He noted they plan to spend over $125 per square foot to renovate the
space; and he anticipates the crowd will be professionals over the age of 35, who are willing to pay $5 to
$6 per drink. He stated that evening activities will include wine and cheese tasting parties, with occasional
live light jazz.
Mr. Fillinger stated that, from the beginning, the north door was to be an alarmed exit only, with a
new entrance to be constructed on the east end of the building. He suggested that the planting of a nice
hedge could discourage people from walking through to the north side of the building and dramatically
improve the center. He stated that, in trying to work with the neighbors and address their concerns, he has
agreed to conditions that result in the most restrictive all-beverage license ever issued in the state. He
concluded by stating that, while he has no problem with the restriction on serving alcohol before 3:00 p.m.,
he would like to see the ending hour extended to midnight rather than the 11:00 p.m. proposed in the
conditions.
Mr. Eric Boswell spoke in support of the application on behalf of C&H Engineering.
Mr. Anthony Kutsch, owner of the adjacent property to the north, spoke in opposition to the
conditional use permit. He characterized this application as a request to balance the interests of long-term
owners against the interests of an out-of-town developer who has speculated on inappropriate property for
this type of use. He stated this use is incompatible with medical uses, and he is concerned about parking
and traffic. He concluded by noting that, with the number of conditions attached, it appears this use is
simply being shoehorned into an inappropriate site.
M r. Jerry Locati, original designer of the Oakwood Square complex, noted that this development was
designed to attract a high level of professional interaction to this part of the community. As owner of one
of the buildings and President of the Oakwood Square Association, he feels this is an appropriate use.
Mr. Bob Ballard, Program Manager for .Family Outreach Services, stated his agency provides
services to handicapped children and their families. He noted that they have professional home visitors who
work in the office after hours, and they have handicapped vehicles with ramps that could be negatively
impacted by parking for this proposed pub. He is also concerned about side effects from this business,
especially with the poor lighting and inadequate parking in this development. Since he feels this use will be
extremely disruptive to their operations, he is opposed to this application.
Mr. Steve Parks, representing owners of the building to the north of the subject property, spoke in
opposition. He stated that concerns include parking, lighting, vandalism and litter. He noted that the non-
profit organizations and medical uses in this complex would be adversely affected by this proposed bar.
Mr. Jeff Krauss, 508 Park Place, voiced concern that the necessary steps were not taken to ensure
adequate ndtice for the first headng, resulting in this duplicate hearing. He stressed that the permit is to be
granted for a particular use, not for a person or firm. He noted that the ordinance requires that a proposed
use will not have adverse effect on abutting property, and questioned whether that can be found for a "bar
jammed into Quizno's." He concluded by bdefly reviewing some of the recommended conditions for
approval, questioning what costs the City is willing to accept in enforcing these conditions.
Ms. Lynn Rugheimer, 1404 Story Mill Road, stated she manages the property at 2411 West Main
Street, which is the closest building to the north. She distributed pictures of the building she manages,
identifying its close proximity to the proposed Duck's Lounge. She stated that the Family Outreach Services
and professional medical space are the two closest uses to the proposed new entrance to the lounge, and
she is concerned patrons will park in their parking area because it is the most convenient location. She
stressed that their parking area is dark and secluded because it is not designed for night use. She also
voiced concern that the tenants of her building and patrons of the bar will inevitably come in contact with
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each other. She concluded by questioning whether a bar is compatible with the existing medical practice
and services for handicapped children, although she indicated support for the coffee house portion of the
business.
Mr. Jim Zimbric, owner of the unit in which Duck's Lounge wishes to locate, voiced support for the
proposed use. He noted that the applicants have a four-year lease with options for three renewals, and they
intend to be long-term tenants. He alsO noted that this property is zoned "B-2", which allows sale of
alcoholic beverages as a conditional use.
Mr. Greg Metzger, Montana Fumiture Galleries, stated he does not believe this proposed use will
impact his business, with a majority of its business occurring after his store is closed. He envisioned the
pub as being more like a setting one would find in a village or town and characterized it as a nice addition
to the complex.
Mr. Ken Saatjian, owner of Unit 6, stated support for the application, noting he does not foresee any
problems from the proposed pub. He also noted that the morning coffee will be a good addition to the area.
Mr. Steve Schuel noted that he competes with the Fillingers in three Montana cities, since he is in
the food and beverage business. He characterized them as good competitors who represent their
community well. He concluded by stating they will be good neighbors and encouraged approval of the
application.
Ms. Tracy Schlaugh, 2413 West Main Street, voiced support for the proposed lounge, stating it will
be an asset to the complex. She noted that most of the businesses are closed between 5:00 p.m. and 10:00
p.m., which she anticipates will be the busiest hours for the lounge.
Senior Planner Skelton noted that, of the 14 conditions originally recommended by staff, 12 of them
are boilerplate while the others affirm plans regarding screening, signage and the exterior of the building.
Also, the new condition pertaining to occupancy load is a code provision. He stressed that, based on the
gross build-out of the buildings in the first phase of Oakwood Square, parking requirements have been met.
In response to Mayor Kirchhoff, the Senior Planner.stated that with any zoning or planning
application, the applicant is to provide a certified list of property owners, based on the last tax roll; and
Planning staff spot checks those lists. Staff also posts the site and publishes the required advertisements
in the newspaper.
Mr. Mike Garrity, attorney for the applicant, noted that the Commission unanimously approved this
application at its February 4 meeting, and nothing said tonight changes the circumstances or underlying
facts of the project. He stated that the Montana Department of Revenue received no protest to the issuance
of the liquor license; and the Planning staff is recommending approval of this conditional use permit, subject
to conditions which have been agreed to by the applicant. Also, many owners of units in Oakwood Square
have supported the application, as evidenced by the petition and testimony submitted. He concluded by
stressing the limitations placed on this use and encouraging approval of this application.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the
Commission approve the Conditional Use Permit with Certificate of Appropriateness requested by Dan and
Linda Fillinger under Application No. Z-01234, to allow for the sale of alcoholic beverages in a non-gaming,
non-smoking lounge located in Unit 8, Oakwood Square Condominium, subject to the following conditions:
The proposed signage appears to exceed the maximum allowable signage allowed
on the zone lot. Therefore, the applicants shall provide a common signage plan and
signage legend for all signs existing and proposed on said zone lot depicting
location, general style, size, area, materials, color, and method(s) of illumination, for
review and approval by the Planning Office prior to final site plan approval.
That the applicants provide a color palette illustrating the exterior finish of the
window/door awnings, fenestration treatment (i.e., doors and windows), and any
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10.
11.
additional extedor revisions to the treatment of the existing structure, and that the
exterior elevations be revised accordingly to confirm said color palette, for review
and approval by the Planning Office prior to final site plan approval.
That the applicants shall obtain a City of Bozeman liquor 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
Alcohol License to serve alcoholic beverages at the non-gaming, non-smoking
lounge at 2405 West Main Street shall be submitted to the Planning Office for review
and approval pdor to final site plan approval. Furthermore, any expansion,
modification, or enlargement in the scope of the on-premise restaurant all beverage
license on the subject property or its use, as established as of the date of issuance
of the license, will require another authorized conditional use permit.
Any lighting, including that for security purposes, used to illuminate any off-street
parking area, yards, sign or structure shall be arranged so as to deflect light down
and/or away from any adjoining properties and shall not detract from driver visibility
on adjacent streets. Luminaires and lenses shall not protrude below the edge of the
light fixture per Section 18.50.035. - Light Standards. The final site plan and/or
exterior elevations shall show the location for, and a detail of, any proposed
freestanding, wall mounted and/or signage lighting, including cut sheets of each
typical light fixture type proposed.
That the applicants provide on the site plan and exterior elevations the location of
all roof-top and ground-mounted mechanical and utility equipment, as well as a
typical detail(s) illustrating the materials, color, and method of screening used to
screen the equipment from adjacent properties and public streets, for review and
approval by the Planning Office prior to final site plan approval.
That the dght to a use and occupancy permit shall be contingent upon the fulfillment
of all general and special conditions imposed by the conditional use permit
procedure.
That all of the special conditions shall constitute restrictions running with the land
use, shall apply and be adhered to by the owner of the land, successors or assigns,
shall be binding upon the owner of the land, his successors or assigns, shall be
consented to in writing, and shall be recorded as such with the Gallatin County Clerk
and RecordeCs office by the property owner prior to the issuance of any building
permits, final site plan or commencement of the conditional use.
That seven (7) copies of the final site plan containing all of the conditions,
corrections and modifications approved by the City Commission shall be submitted
for review and approval by the Planning Director within six months of the date of City
Commission approval. The Planning Office shall forward a copy of the approved
final site plan to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire
Departments; and one copy shall be retained in the Planning Office file.
That the applicants shall enter into an Improvements Agreement with the City to
guarantee the installation of required on-site improvements at the time of final site
plan submittal. Detailed cost estimates, construction plans and methods of security
shall be made a part of that Agreement.
That a building permit must be obtained prior to the work, and must be obtained
within one year of final site plan approval. Building permits' will not be issued until
the final site plan is approved. Minor site surface preparation and normal
maintenance shall be allowed prior to submittal and approval of the final site plan,
including excavation and footing preparation, but NO CONCRETE MAY BE
POURED UNTIL A BUILDING PERMIT IS OBTAINED.
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12.
13.
If occupancy of any structure is to occur prior to the installation of any and all
required on-site improvements, the Improvements Agreement must be secured by
a method of security equal to one and one-half times the amount of the estimated
cost of the scheduled improvements not yet installed. Said method of security shall
be valid for a pedod of not less than twelve (12) months; however, the applicant
shall complete all on-site improvements within nine (9) months of occupancy to
avoid default on the method of security.
That the applicants obtain a building permit within one (1-) year of Certificate of
Appropriateness application. Any modifications to the submitted and approved
drawings shall invalidate the project's approval unless the applicants submit the
proposed modifications for review and approval by the Planning Office prior to
undertaking said modifications,.as required by Section 18.62.040 of the Bozeman
zone code.
14.
15.
That the applicants, upon Submitting the final site plan for approval by the Planning
Director and prior to issuance of a building permit, will also submit a written narrative
outlining how each of the above conditions of approval have been satisfied or met.
That the northeast exit~ from the .lounge be limited [o a fire exit, and signed
accordingly, and that the applicant design-the entrance along the east facade of the
building (i.e., landscape.features and street furniture) in a manner that will
discourage employees and .patrons of the business from accessing the lounge from
the off-street parking lot to the north, and that the revised plans be reviewed and
approved by the Planning Office prior.to final site plan approval.
16. That the conditional use permit be limited to a non-gaming, non-smoking lounge.
17.
That the occupant load for said lounge be limited to thirty-two (32) individuals,
including both employees and Patrons of the commercial business.
18.
That the hours of operation for on-premises alcohol sales be limited to 3:00 to 11:00
p.m. daily.
19.
That the duration of the conditional use permit be limited to three (3) years. Any
consideration for a new conditional use permit application for the lounge must be
submitted to the Planning Office and considered by the City Commission prior to the
expiration date of said permit.
The motion carried by the following AYe and No vote: those voting Aye being Commissioner Hietala,
Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No being Commissioner
Youngman.
Discussion and possible motion -to advertise and set date for mOtion to rescind previous decision
(and set possible public hearing) on Major Site Plan with Certificate of Appropriateness to allow
construction of 94,980-square-foot building with 18,884-square-foot outdoor qarden center and two
retail/restaurant satellite lots, on Lot 2, COS No. 2089 with deviation from Section 18.34.060 to allow
the main peaked entrance to exceed the maximum building height by 8 feet - Home Depot USA for
Cape-France, Inc, (west side of North 19th Avenue, south of Baxter Lane) (Z-02011)
It was moved by Commissioner Hietala, seconded by Commissioner Youngman, that the
Commission consider whether to rescind its decision to approve the Major Site Plan with Certificate of
Appropriateness to allow construction of a 94,980-square-foot building with 18,884-square-foot outdoor
garden center and two retail/restaurant satellite, lots, on Lot 2, COS No. 2089, as requested by Home Depot
USA for Cape-France, Inc., under Application No. Z-02011.
City Attorney Luwe recommended that, in light of the media reporting that this issue had been
withdrawn from the agenda, the Commission only accept public comment at this time, continuing its
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discussion to next week's meeting and then making a decision. He stated that if the Commission's decision
is to proceed, the next step would be to advertise the intent to rescind the previous action and possibly
conduct a new hearing on the site plan, which requires a minimum of 15 days' advertising time. If that
occurs, up to three motions could be made at the future meeting, possibly on April 8, including a motion to
rescind, a motion to reopen public testimony and a motion on the application.
In light of recommendations from the City Attorney, the following substitute motion was made: It was
moved by Commissioner Hietala, seconded by Commissioner Youngman, that the Commission set April 8
as the date for a motion to rescind its decision to approve the Major Site Plan with Certificate of
Appropriateness to allow construction of a 94,980-square-foot building with 18,884-square-foot outdoor
garden center and two retail/restaurant satellite lots, on Lot 2, COS No. 2089, as requested by Home Depot
USA for Cape-France, Inc., under Application No. 7-02011, and as the date for public hearing for possible
rehearing and decision on the major site plan.
City Attorney Luwe suggested that, if the Commission wishes to proceed with consideration of this
item, the Commissioners identify any communications they have had this past week regarding this matter,
since that communication will be considered expart~ communication if the Commission rescinds its previous
action and proceeds with a new course of action.
Commissioner Brown stated he received a call from attorney Susan Swimley alerting him to the fact
that the item would be considered at this meeting. He also indicated that a lady from Livingston called him
today to alert him to an article in yesterday's Minneapolis newspaper about Super Target.
Commissioner Cetraro stated he has received no significant input, except occasional comments
from lunch guests. He characterized those conversations as questions in response to newspaper articles
and "passerby-type information" in his establishment, and he has no specific names.
Commissioner Youngman stated that, in addition to the e-mails the Commissioners have received,
copies of which she has forwarded to the Clerk's office, she has had conversations with no one.
Commissioner Hietala stated that he had conversations with Rick Ogle, Bill Ogle, Ashley Brandt and
Mark Evans last week; and today he had a conversation with Susan Swimley. He noted that these were
extended discussions about the Home Depot issue, with the Ogles expressing interest in having the
decision rescinded and the issue reheard so the business community can voice their concerns.
Mayor Kirchhoff stated that, in addition to the e-mails all Commissioners have received, he spoke
with Susan Swimley, Rodger Clingman, Ashley Brandt, Bill Ogle, Rick Ogle, Larry Bowman and Lou Spain.
He noted the conversation with Susan Swimley regarded process questions and concerns, which he
referred to the City Attorney; his conversation with Rodger Clingman was about whether or not it would be
a good idea to rescind the previous action; and the remaining conversations were with those interested in
the process of rescinding the previous action and rehearing this matter.
Responding to Commissioner Youngman, Commissioner Hietala stated one of the goals of the
Bozeman 2020 Community Plan is to preserve the character of the community, and he feels that having two
giant companies, namely Home Depot and Lowe's, come into Bozeman will upset the community character.
He noted the footprints of these two new businesses would be 1 to 1% times the footprints of the 100
businesses that currently provide services to this market. He noted that businesses need information to
survive, and so do local governments; and there has been a dearth of real information available to the
Commissioners. He stated the Commission received testimony that Home Depot has not had dark stores;
however, he knows of one dark store for a period of time and he is aware that they have pulled their
operation out of South Amedca. Also, despite comments, last week that they could not reduce the building
size, a nationally distributed magazine reports plans to construct four 50,000 to 80,000-square-foot stores
in New Jersey; and he is aware of smaller prototypes. He further noted that giant stores pale in comparison
to local stores in supporting the community. He concluded by stating the Commission should be leveling
the playing field, and it needs to find a better alternative for considering big box stores and their impacts on
the community.
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Mr. Rick Ogle, Kenyon-Noble, thanked Commissioner Hietala for bringing this issue back and
allowing public comment. He stated the room was filled with a pro-Home Depot crowd last week, and he
felt the vote was taken without a full understanding of all the issues. He noted that, as business people,
they anticipated a route similar to the WalMart application, with the final decision being delayed until the
impact study was completed. He stated that Home Depot is a $40 to $42 billion corporation while Lowe's
is a $26 billion corporation; and those companies break even at $26 million. He cautioned that the market
in Bozeman and the 50-mile radius is $51 million annually, which means thOse two large companies must
have 100 percent of the market to make a profit.
Mr. Greg Metzger, 334 Sky Crest Drive, voiced concern that the Commissioners are willing to
consider possibly rescinding their decision, noting they had full documentation and that they accepted a
negotiation undertaken in good faith. He cautioned they are opening the City to a huge lawsuit, which will
come out of the taxpayers' pockets. He concluded by asking that the Commission not reconsider this item
unless it determines the decision was based on outright deception and lies.
Mr. Matt McKennan, 2910 Donna'Avenue, stated he is confused with the process, noting he saw
many of those who have asked the Commission to reconsider this item at last week's meeting, and they did
not voice their concerns. He noted that the Commissioners were elected by the public, and the residents
put their faith and trust in them to carry out the will of the People. He streSsed that one cannot mandate
trust; it can only be earned. He characterized this end run to the testimony at last week's meeting as totally
inappropriate and as setting the City up for a big lawsuit; and he is not willing to pay the bill.
Mr. Jim Brandt, 526 West Cameron Bridge Road, stated he is Manager of Kenyon-Noble on
Jackrabbit Lane. He voiced his opposition to big box stores, noting he moved from a big city, where he was
surrounded by strip malls and big box stores., to a small community where people know his name. He stated
these "category killers" threaten businesses and the small town way of life, and many small towns are
fighting to protect their community businesses. -He 'nOted that his business employs forty people, for whom
excellent wages and good benefits are provided. He concluded by voicing his support for reconsidering this
application.
Mr. Jerry Cashman, 2055 Springhill Road, asked the Commission to reconsider the Home Depot
application. He noted that, as a business owner, contributing citizen and advocate of free enterprise, he
fears many problems will be created by the new big box stores. 'He stated that existing stores and
contributing citizens will be adversely affected by these stores, and suggested the Commission can limit the
size or number of those stores until the market place is substantial enough to accommodate them. He noted
that Home Depot and Lowe's will not invest'their monies locally; rather, those monies will leave the
community. He concluded by encouraging the Commissioners to recognize the impacts that large corporate
retailers will have on the heart and core of Bozeman businesses.
Mr. Chad Heidtke, 1120 West Koch Street, Stated he is against rescinding of the previous action.
Mr. Mike Bowen, 424 Ryan Drive, noted he heard the testimony last week, and stressed that some
of those who are unhappy with the decision chose not to speak at that meeting. He encouraged the
Commissioners to' stick to their previous decision and not consider rescinding it.
Mr. Peter VanDyken,. 310 NorthT. hird Avenue, stated Bozeman is no longer a small community,
particularly with the rate at which areas are being annexed. He questioned why the Commission is making
it impossible for someone on Social Security to live in this town, stressing the importance of having places
to buy at the cheapest possible prices. He concluded by asking why residents should be limited on where
they can shop unless they are willing to drive to Billings.
Mrs. Laura Bellows, 15139 Kelly Canyon Road, urged the Commissioners to stick to their previous
decision and not bow to those now coming forth for what she views as selfish reasons. She asked that
those stores wanting to come to the community be allowed to do so, noting their extended hours of
operation accommodate needs arising during other than. normal business hours. She stated that her
husband shops on Main Street because he likes those stOres, but she feels people should have a choice.
Mrs. Ashley Brandt, 526'West Cameron Bridge Road, stated that she spoke at last week's meeting.
She acknowledged the comments about good faith; however, she noted some of the comments at that
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meeting were misleading. She stated that Home Depot indicated it could not make the proposed store
smaller; however, there is a 40,000-square-foot prototype and a 50,000 to 80,000-square-foot prototype for
urban areas. She stated that when she lived in Mesa, Arizona, the Home Depot on Country Club Drive was
three blocks from her home until it moved to a larger site, leaving the first site vacant for quite some time.
She also noted that, while the representatives from Home Depot have expressed concern about doing an
impact study, such studies have been done in other communities. She concluded by stating the local
businesses are what make Bozeman wonderful and encouraged reconsideration of the decision.
Ms. Kerry Petitt, 2375 Whitetail Road, stated the 40,000-square-foot building referenced by the
previous speaker is a Villager, not a Home Depot. She also noted that the Home Depot representatives
stated no stores have gone out of business; they did not address the issue of moving to a new location.
She stated she is opposed to the motion to rescind. She noted that the disabled cannot easily get through
the doors of the downtown stores and asked how many of the disabled and less fortunate in the downtown
area actually shop downtown. She stated many local businesses cater to the upper end people in the
community. She characterized Boulder, Colorado, as an example not to follow, particularly since their
median home price is now $400,000. She concluded by stating that Bozeman, with its fly fishing, powder
skiing and mountains, is not Anywhere, USA; and allowing Home Depot in will not take away those gifts but
may ~ncrease the disposable income so residents can enjoy them more often.
Mr. Blake Ogle, 1010 Bear Canyon Road, stated he works for the Kenyon-Noble truss plant. He
noted the comments forwarded tonight reveal that not enough people have had a chance to be heard and
encouraged the Commission to reconsider this issue.
Mr. Bill Ranard, 3216 Augusta Drive, noted he obtained his Costco card in 1995, two or three years
before Costco was built in Bozeman. He stated that he has traveled to Billings for several years to shop,
including three trips to Home Depot when he built his home. He concluded by questioning whether the
Commission is on solid ground from a legal standpoint in this contemplated reconsideration.
Ms. Stacey Fredenberg, 733 Aster Avenue, stated she recently relocated from Kalispell. She
indicated support for revisiting this issue, .particularly in light of impacts from vacant stores in that
community.
Break - 8:50 to 8:57 p.m.
Mayor Kirchhoff declared a break from 8:50 p.m. to 8:57 p.m., in accordance with Commission
policy.
Discussion and possible motion (continued) - to advertise and set date for motion to rescind
previous decision (and set possible public hearing) on Major Site Plan with Certificate of
Appropriateness to allow construction of 94,980-square-foot building with 18,884-square-foot
outdoor garden center and two retail/restaurant satellite lots, on Lot 2, COS No. 2089 with deviation
from Section 18.34.060 to allow the main peaked entrance to exceed the maximum building height
by 8 feet - Home Depot USA for Cape-France, Inc. (west side of North 19th Avenue, south of Baxter
Lane) (Z-02011)
Mr. Lou Spain, Owenhouse Ace Hardware, asked the Commissioners to reconsider their vote for
the reasons previously stated and because last Tuesday, one or more Commissioners indicated they wished
they had voted differently.
Ms. Kad Anderson, 375 Golden Trout Way, asked the Commissioners to reconsider this item, stating
that at the end of the meeting, it felt like the Home Depot representative was pressuring for a split-second
decision the Commissioners were not ready to make.
Mr. Dennis Kidder, 702 Bridger Drive, stated that, as a scientist and businessman, he has chosen
Bozeman as his home but has chosen not to bring the headquarters of his business here because of the
impacts it could have on this unique place. He cautioned that Home Depot and other large stores will
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change the community, where people in numerous bUsinesses are friendly and know people by name. He
concluded by urging the Commissioners to rescind the decision on Home Depot and reconsider it.
Mr. Steve Thorson, Kenyon-Noble, noted that the health and welfare of a community is measured
in different ways. He stated that local businessmen are asked every day to donate to a youth group, non-
profit organization or charity; and they do so generously and willingly in a variety of ways~ He cautioned that,
with the loss of those businesses, that source of funding will disappear.
Mr. Chuck Loranz, Kenyon-Noble, asked the Commission to reconsider the Home Depot decision,
cautioning that Home Depot and Lowe's could be devastating to Bozeman.
Mr. Frank Palazzi, 3115 Fieldstone Drive, urged the Commissioners to not reconsider this item for
a number of reasons. He stressed the primary reason is that a person is only as good as his word; and,
as a constituent, he expects that from his elected officials.
Ms. Susan Swimley, attorney representing Home Depot, thanked staff for keeping her office
apprised through the various steps in this process and thanked the public who corrected the record. She
reminded the Commission that Home Depot agreed to all conditions except the economic impact study, and
that condition was subsequently revised. She stressed that this application should not be confused with
Lowe's,. and to mix or combine the two applicants is bad business and bad government. She voiced
concern that the decision to place this item on the agenda was not done in the public forum, and Home
Depot is being denied the opportunity for free and open participation. She concluded by asking the
Commission to not rescind its decision, stating "It's. bad business and bad government to reconsider; don't
do it."
Mayor Kirchhoff closed this agenda item by noting that in one week, the Commission will entertain
additional public comment from those who have not spoken at this meeting and will then vote on the pending
motion.
Minutes - January 18, 2000, and January 14, January 22, February 19 and February 25, 2002
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the minutes of the
meeting of January 14, 2002, be approved as submitted and that the minutes of the meeting of February
19, 2002, be approved as amended. 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.
Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and January
22 and February 25, 2002, to a later date.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Request for 30-day extension of one-year approval of annexation request for Valley
Center Annexation (38.67 acres north ~of Costco and east of the School
District r)ror~ertv, along both sides of Valley Center Road) (A-0007)
Approval of sketch plan application with Certificate of Appropriateness for
installation of a 4S-foot flagpole for US fla.q and/or Montana flaq only with
roof-mounted spotlight outside North Rouse Avenue entrance to Fire Station
No. 1, 34 North Rouse Avenue (Z-02025)
Ratify .qrant application to the Montana Board of Crime Control for fundinq for a
Reduce Undera.qe Drinking Project
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Authorize City Manager to si.qn - Acceptance of Right-of-Way Agreement from John
Bradley French and Jamie Robot French for Parcel No. H(E)for West Babcock
Street project (3325 West Babcock Street); Acceptance of Warranty Deed for
same
Authorize City Mana(~er to sign - Acceptance of Riqht-of-Way A.qreement from James
R. Fisher and Marie Fisher for Parcel No. 7 for West Babcock Street project
(3119 West Babcock Street); Acceptance of Quit Claim Deed for same
Cancellation of reqular Commission meetinq scheduled for April 1
Claims
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, 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 Cetraro, CommissionerYoungman, Commissioner Hietala, Commissioner Brown and
Mayor Kirchhoff; those voting No, none.
Ordinance No. 1556 - amendinq the zoninq designation from "R-1" to "B-l" on 4.97 acres located
at the southeast corner of the intersection-of Kaqy Boulevard and South Third Avenue
Previously distributed in the Commissioners' packets was a copy.of Ordinance No. 1556, as
approved by the City Attorney, entitled:
ORDINANCE NO. 1556
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING THE CITY OF BOZEMAN ZONE MAP ZONING DESIGNATION FROM "R-I"
(RESIDENTIAL--SINGLE-HOUSEHOLD, LOW-DENSITY DISTRICT) TO "B-1"
(NEIGHBORHOOD SERVICE DISTRICT) ON 4.97 ACRES LOCATED IN THE
SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 2 SOUTH, RANGE 6 EAST,
MONTANA PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that Ordinance No.
1556, amending the zoning designation from "R-l" to "B-I" on 4.97 acres at the southeast corner of the
intersection of Kagy Boulevard and South Third Avenue, be finally adopted. 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.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1) Copy of an informational pamphlet on obstructions in the public right-of-way.
(2) Copy of the February 21 update of planning projects to be considered at upcoming
Commission meetings.
(3) Letter from Bi-Lo Foods, Missoula, Montana, dated February 26, regarding the Super
WalMart project.
(4) Copy of a letter regarding WalMart submitted by Jack and Jackie Stonnell, dated February
25.
(5) Copy of the notice soliciting input on changes to the zoning regulations and subdivision
regulations and listing upcoming events.
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The Planning Director noted that these meetings are designed to inform the public of the proposed
changes and to seek public input pdor to the April 15 hearings before the City Commission. He encouraged
interested Commissioners to attend at least one of these informational meetings.
(6) Agenda for the School District No. 7 Board of Trustees meeting to be held at 7:00 p.m. on
Monday, March 4, at the Willson School.
(7) Agenda for the County Commission meeting to be held at 9:00 a.m'. on Tuesday, March 5,
in the Commission Room at City Hall.
(8) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, March 5, at the Professional Building.
(9) Agenda for the Zoning Commission meeting to be held at 7:00 p.m. on Tuesday, March 5,
in the Commission Room, along with notice that the City Planning Board meeting was cancelled due to the
lack of agenda items.
(10) Copy of a draft ordinance amending the provisions allowing the City Manager to waive the
prohibitions on drinking in public places in certain circumstances.
The City Manager noted that the proposed revisions in the ordinance would allow him to approve
the Downtown Bozeman Association request to allow serving of alcoholic beverages during the proposed
street dances for the upcoming summer season. He indicated that this ordinance could be before the
Commission for disCussion as early as next week.
(11 ) Planning Director Epple submitted the following. (1) Noted that at tomorrow night's meeting,
the Zoning Commission will review the zone code amendment regarding economic impacts of businesses
over 50,000 square feet. (2) Stated' that staff had a productive meeting with representatives from School
District No. 7 regarding their plans for future growth and development in the Bozeman area.
(12) City Attorney Luwe distributed copies of an editorial from the February 28 edition of the
Sanders County Ledger, supporting the City's reaction to the proposed WalMart super store and identifying
impacts on small communities.
(13) Director of Public Service Debbie Arkell submitted the following. (1) Announced that
Assistant Street/Sanitation Superintendent Tom Wold is retiring on March 29, after almost 26 years with the
City. (2) Stated that the solid waste transfer station task force and staff will tour 16 possible sites on March
6 and 7, with a meeting scheduled on March 7. She invited interested Commissioners to participate in the
tour.
(14) The Director of Public Service noted that last year, sidewalk repairs were ordered along East
Peach Street between North Wallace Avenue and North Plum Avenue. Subsequently, staff received a
petition asking that the sidewalk repairs not be required because of drainage problems. Staff members
reviewed the site and concluded that, to address the. drainage problems, the sidewalks need to be raised
and curb and gutter installed. The 'property owners were notified of the proposed improvements, and
several of those owners have indicated they are not interested in the improvements, even though they are
to be responsible for only the costs of the sections of sidewalk that were to be repaired. She concluded by
indicating that she will be meeting with them to discuss their conCerns and issues.
(15) Commissioner Youngman briefly highlighted some of her recent activities, including
introduction to the. Children's Museum last week.
(16) Commissioner Youngman noted that she developed a draft information sheet on quasi-
judicial and legislative decisions, their rules and differences, and forwarded it to the City Attorney late today.
She suggested that, once the City Attorney has had an opportunity to review and revise that document, it
can be distributed to the Commission, possibly in a work session. She also Suggested a work session on
conflict of interest and what tdggers it. She concluded by proposing that a sheet on the process and criteria
for consideration of variances be laminated and put on the shelf for each Commissioner, so it is readily
available when such a hearing adses.
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(17) Mayor Kirchhoff submitted the following. (1) Noted he received a letter from Representative
Denny Rehberg regarding a.grant workshop that was held on February 21. (2) Noted that he has received
phone calls regarding care of the ice rinks. (3) Stated that the Commissioners need to share the burden
on responding to letters from citizens. He will respond to the letter concerning the barking dog, and the next
response will be Commissioner Hietala's duty. (4) Asked if anyone plans to attend the United Way breakfast
meeting tomorrow morning; City Manager Johnson indicated he plans to attend.
(18) Mr. Greg Metzger, President of the Bozeman Area Chamber of Commerce, stated a majority
of the business community appreciates the time and good dispositions that the Commissioners bring to the
process.
Adjournment - 9:40 p.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Youngman, seconded by Commissioner Hietala, that the meeting be adjourned. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner
Hietala, Commissioner Brown, Commissioner Cetrar. o and Mayor Kirchhoff; those voting No, none.
ATTEST:
ROBIN L. SULLIVAN
Clerk of the Commission
ST'EVENIR. KIR'CH~FF, Mayor
03-04-2002