HomeMy WebLinkAbout2005-01-18 Minutes, City Commission, WORK
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MINUTES OF THE WORK SESSION MEETING
OF THE CITY COMMISSION
BOZEMAN, MONTANA
January 18, 2005
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The Commission of the City of Bozeman met in work session in the Commission Room, Municipal
Building, on Tuesday, January 18, 2005, immediately following the regular meeting. Present were Mayor Pro
Tempore Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee
Hietala, City Manager Chris Kukulski, Director of Public Service Debbie Arkell, Planning Director Andy Epple,
Acting City Attorney Tim Cooper, and Deputy Clerk of the Commission Karen DeLathower. Mayor Cetraro
was absent from this portion of the meeting.
Informal UDdate on design of the Garaae at City Center
Planner Windemaker presented a brief update on this proposed parking structure, saying this
structure is planned to be constructed in three phases, with 11,000 square feet of retail space
included on the ground floor. Two deviations are being requested; one to allow a portion of the
parking garage to encroach into the seven-foot setback on East Mendenhall Street and the other to
allow the southeast corner of the completed garage to exceed the 70-foot height limit. The rest of
the structure, however, will be less than 70 feet high. This proposal came before the Development
Review Committee and Design Review Board on January 12th. The Design Review Board is
basically supportive of the requested deviations, but they are still concerned because they have not
yet seen any plans of the actual building facade and thematerials to be used.
Dick Clotfelter, applicant, pointed out only the eight-foot square tower in the southeast corner
will be 74 feet high; the rest of the building is 64 feet high. The deviation requested along East
Mendenhall Street is from 2 inches to 2 feet for only part of the block; on the remainder of the block
the structure will be set back in order to save the existing trees. The garage will be set back 16 feet
from North Tracy Avenue to create a pedestrian plaza, which will also save three trees. The next
public meeting, the fourth one, is tentatively scheduled for January 27th, and the goal is to be back
before this Commission formally by mid-February.
Dick Prugh, Prugh and Lenon Architects, presented a powerpoint presentation, noting that
the five feet of slope on this site and the lack of high groundwater make it feasible to put one story
of parking underground. Phase one will include the lower level, ground floor, and retail space and
will accommodate 349 cars. This phase of the garage will be barely visible because of the retail
spaces surrounding it. The lower level is envisioned to provide leased parking. Phase two will add
the second story and increase the capacity to 453 cars. The garage is, however, being structurally
planned for 600 cars, which is the long-term goal. Two accesses will be provided; one on North
Black Avenue and one on East Mendenhall Street. Trees similar to those found downtown will be
planted around the parking structure. Bike racks will be placed at the entrances to the garage. Tax
increment financing money will be used to pay for phase one and federal highway bill funds will pay
for phase two. It is their intention to brick the retail space and vertical space facades.
Planning Director Epple added that the reason forthe seven-foot setback on East Mendenhall
Street is to accommodate the possible future widening of that street.
City Manager Kukulski asked for feedback from the Commission, including comments on the
requested deviations. Commissioner Youngman responded the Commission had previously
expressed its approval forthe height deviation, and she believes the setback deviation is acceptable,
as well. Commissioner Krauss said he is happy to have one level of underground parking.
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Planner Windemaker noted the traffic report indicates traffic lights will need to be installed
at the intersections of North Tracy Avenue and East Mendenhall Street and North Black Avenue and
East Mendenhall Street. Director of Public Service Arkell replied that traffic signals will not be
warranted until the convention center, hotel, or performing arts center is completed; the parking
garage itself will not warrant traffic signals.
Mr. Clotfelter pointed out they are now committing to a design that will become hard to
change if there are any issues, so he would like Commission input now. If there are no issues, they
are going to proceed with this design. They desire to build a structure that is easy to maintain and
not a rust haven.
Commissioner Kirchhoff stated he has no problem with the deviations as described this
evening. This is an interesting structure because of the design elements, and there are a lot of
wonderful pluses. He would hope this structure is finished with regular six inch brick, like the
buildings downtown, rather than poured-in-place concrete.
The Village Downtown Lofts - off-site parkland dedication proposal
Included in the Commission packets was a letter from John Harper, Recreation and Parks
Advisory Board Subdivision Review Committee, dated January 3,2005, recommending denial of the
applicants' proposal and suggesting alternatives; a letterfrom Delaney and Company, dated January
12, 2005, proposing a cash donation in lieu of parkland dedication; copy of an appraisal, dated
December 10, 2004, from Mitchke Appraisal Service.
Planner Windemaker noted that the original request submitted by the applicants was to
provide cash in lieu of the 5.04 acres required for parkland dedication. The Commission voted to
conditionally approve the plan, subject to an additional condition requiring parkland dedication for
on-site or off-site parkland, cash donation in lieu of parkland dedication, or a combination of both.
The applicants then submitted a proposal to dedicate roughly four acres of land at the Bozeman
Creek trailhead. Planning staff and the Recreation and Parks Advisory Board Subdivision Review
Committee were unable to support that proposal, so on January 13th the applicants submitted a new
proposal to submit cash in lieu, less anyon-site parkland dedication. The Recreation and Parks
Advisory Board continues to support cash in lieu, with the proceeds dedicated to the acquisition of
property near the Peets Hill area. Ms. Windemaker stated that the appraisal information submitted
by the applicants indicates the amount of cash in lieu would be about $270,000 for the entire 5.04
acres. The applicants have asked to submit half of the cash-in-lieu payment just prior to receiving
the first building permit, with the remainder to be paid just prior to receipt of the second building
permit. The Planning Director has indicated that if the applicants defer half of the cash-in-lieu
payment, it would be appropriate to receive interest on the second half of the payment.
Bill Muhlenfeld, applicant, stated that payment of cash in lieu is not an issue with them; the
only obstacle remaining is the fact that they want to defer the second-half payment. If allowed to do
so, they are agreeable to paying interest on that portion. Another reason for deferring the second-
half payment is to allow them the opportunity to link the trestle trail with Highland Boulevard, which
would be dedicated parkland and may substitute for cash.
City Manager Kukulski stated the Commission has expressed an interest in accepting cash
in lieu; and his recommendation is to accept the cash-in-lieu donation in two payments, with three
percent simple interest charged on the second payment. Doing so will allow this project to move
forward.
Commissioner Youngman asked if the cash-in-lieu payments can be specifically earmarked
for use for additional parkland in the Lindley and Burke parks area. Acting City Attorney Cooper
answered cash-in-lieu money must be used to enhance the development from which it came, which
in this case would be the Lindley Park area.
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Gary Vodehnal, Gallatin Valley Land Trust, said there is the possibility of a great connector
between this development and Highland Boulevard, but he views saving the library property as a
much higher priority. The parcel near the Bozeman Creek trailhead, which the applicants previously
offered to the City, is a very important parcel because it is next to the Bozeman Creek watershed and
conservation easement and is an important wildlife habitat. If the opportunity arises in the future to
buy that parcel, the City should think strongly about it.
Commissioner Youngman indicated her willingness to allow this proposal to come forward
on the consent agenda, with a split cash-in-lieu payment and three percent interest charged on the
second installment, if that money is used for acquisition of parkland from the library.
Commissioner Krauss stated he is agreeable to bringing this proposal back on the consent
agenda, but he doesn't want to put stipulations on the money just yet because he doesn't want to
preclude any other ideas for parkland acquisition at this point.
Commissioner Hietala said he is never in favor of accepting cash in lieu, but in this case he
will go along with the best alternative. Commissioner Youngman agreed, saying she, too, is not
normally in favor of cash in lieu; but, in this case, the value of the cash in lieu is higher than other
properties the City has dealt with and the land across the street in the Lindley Park area is worth
much more to the community.
Commissioner Kirchhoff offered he feels the applicant's request is reasonable, and he falls
more in line with Commissioner Krauss' way of thinking. He believes having this item on the consent
agenda would be the most expeditious way of handling it.
Discussion - FYI Items
Planning Director Epple offered the following FYI items: 1) He displayed a preliminary site
plan for a proposed Vann's appliance store at the corner of Fowler Avenue and Huffine Lane. The
plan depicted the main parking area for the building facing Fowler Avenue. Planning Director Epple
noted that the covenants preclude parking lots fronting on Fowler Avenue and Huffine Lane.
Commissioners indicated they would expect the covenants to be complied with and the building to
be reoriented accordingly. 2) He questions the need to put the $5,000 retainer fee for the
Community Mediation Center into the 2006 budget because Neighborhood Coordinator Oulman is
doing an outstanding job mediating, which has taken away the need to use the Community
Medication Center. 3) He is working up a parkland dedication policy so there are defensible, solid
standards for parkland dedication that can be used until the POST plan is developed.
During his FYI, Acting City Attorney Cooper noted: 1) City Manager Kukulski, Engineer
Murray, Holly Brown, and he are meeting with the Department of Environmental Quality on Thursday
morning. He suggested it might be helpful to have one Commissioner also attend. This meeting is
an attempt to find out what restrictions the DEQ might be looking at putting on the City to conveyor
sell this property.
City Manager Kukulski, during his FYI, noted: 1) It is important to hold a work session
Commission meeting on January 31 st, which is the fifth Monday. Discussions could include
legislative issues, the library land issue, and the impact fees issue. The Commissioners agreed to
hold a special work session meeting on Monday, January 31 st. 2) He has talked to Planning Director
Epple regarding the 30-acre parcel east of the hospital property, which the owners want to annex
and develop. The questions revolve around extending City water and sewer service or allowing a
neighborhood water/sewer service that could be connected to City services at a later time.
Commissioner Kirchhoff noted the following during his FYI: 1) He submitted petitions
supporting the "All Are Welcome Here" resolution, which were gathered during the rally and meeting
at the Willson School auditorium. He thanked all City staff who attended, noting there were no
significant incidents.
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Commissioner Krauss offered the following FYI item: 1) The Study Commission will be
coming forward with a preliminary budget and a request for funding.
Adiournment - 10:18 p.m.
There being no further business to come before the Commission at this time, it was moved
by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the meeting be adjourned. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff,
Commissioner Hietala, Commissioner Krauss, and Commis . ner Youngman; those voting No, none.
RO, Mayor
ATTEST:
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Clerk of the Commission
PREPARED BY:
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Deputy Clerk of the Commission
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