HomeMy WebLinkAbout2003-07-14 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN,MONTANA
July 14, 2003
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The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, July 14, 2003, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner
Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew 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 Mav 19. Mav 27. June 10. Julv 7 special and July 7. 2003
Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and May 19,
May 27, June 10, July 7 special and July 7, 2003, to a later date.
Consent Items
City Manager Johnson presented to the Commission the fOllowing Consent Items.
Approval of sketch plan application with Certificate of Appropriateness for installation
of a 50-foot lattice mast to support SCADA eQuipment for Water and Sewer
Department operations at City Shop Complex. 814 North Bozeman Avenue
(Z-03131)
Authorize City Manaaer to sian - Annexation Aareement with Doug Smith - 20.302
acres described as a portion of Lot 1. Minor Subdivision No. 253 and a portion
of the W%. W%. SE% and the E%. SW%. Section 3. T2S. R5E. MPM (northeast
corner of intersection of Durston Road and Flanders Mill Road)
Commission Resolution No. 3606 - annex 20.302 acres described as a portion of Lot
1. Minor Subdivision No. 253 and a portion of the W%. W%. SE% and the E%.
SW"h. Section 3. T2S. R5E. MPM (northeast corner of intersection of Durston
Road and Flanders Mill Road)
COMMISSION RESOLUTION NO. 3606
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND,
HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN
AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO
INCLUDE SAID CONTIGUOUS TRACT.
Ordinance No. 1599 - establish initial zonina desianation of "R-3A" on 20.302 acres
described as a portion of Lot 1. Minor Subdivision No. 253 and a portion of the
W%. W%. SE% and the E%. SW%. Section 3. T2S. R5E. MPM (northeast corner
of intersection of Durston Road and Flanders Mill Road): provisionallvadopt
and bring back in two weeks for final adoption
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ORDINANCE NO. 1599
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-3A" (RESIDENTIAL TWO-HOUSEHOLD MEDIUM
DENSITY DISTRICT) ON 20.302 ACRES SITUATED IN THE SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, AND THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 3, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA,
GALLATIN COUNTY, MONTANA.
Authorize City Managerto sign - Annexation Agreement with Evangelical Free Church
- 0.7043 acre-carcel described as a cortion of Parcel A. COS No. 1328A (north
side of Reminaton Way. west of South 19th Avenue)
Commission Resolution No. 3607 - annex 0.7043-acre Darcel described as a cortion
of Parcel A. COS No. 1328A (north side of Reminaton Way. west of South 19th
Avenue) - Evanaelical Free Church
COMMISSION RESOLUTION NO. 3607
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND,
HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN
AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO
INCLUDE SAID CONTIGUOUS TRACT.
Ordinance No. 1600 - establish initial zonina desianation of "R-3" on 0.7043-acre
carcel described as a cortion of Parcel A. COS No. 1328A (north side of
Reminaton Way. west of South 19th Avenue): crovisionaUv adoct and brina
back in two weeks for final adoction
ORDINANCE NO. 1600
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING BOZEMAN'S OFFICIAL CITY ZONING MAP'S ZONING DISTRICT
DESIGNATIONS BY ESTABLISHING A NEW ZONING DESIGNATION OF "R-3"
(RESIDENTIAL MEDIUM DENSITY DISTRICT) ON 0.7043 ACRES SITUATED IN THE
SE% OF SECTION 14, T2S, R5E, PMM, GALLATIN COUNTY, CITY OF BOZEMAN,
MONTANA.
Authorize City Manaaer to sian - Amendment No. 2 to Professional Services
Aareement for remediation of librarv site - Resource Technoloaies. Inc..
Bozeman. Montana
Acknowledae receict of acclication for annexation - Garv W. Metcalf - 39.919- acre
Darcel described as Tract A. COS No. 2389 (3955 Durston Road) (alona north
side of Durston Road at Cottonwood Road extended): refer to staff
Authorize excenditure of $1.887.28 as cartial reimbursement for costs billed bv the
State of Montana Decartment of Environmental Qualitv for the Bozeman
Solvent Site for the ceriod January 1. 2003 throuah March 31. 2003
Claims
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, 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 Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and
Mayor Kirchhoff; those voting No, none.
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Presentation of budaet for Gallatin City.County Board of Health for Fiscal Year 2003-2004 - Health
Officer Stephanie Nelson
Included in the Commissioners' packets was a copy of the preliminary budget for the Gallatin City-
County Health Department for Fiscal Year 2003-2004.
Health Officer Stephanie Nelson noted that, in addition to the budgets for the administration,
environmental health and human services divisions of the City-County Department of Health for the
upcoming fiscal year, information sheets on the vision, mission, goals and essential services of the
department; statistical data and summaries of the strategic activities for the fiscal year have been provided
in the packet. She stated that the budget was prepared in May, reviewed by the sub-committee of the Board
of Health, approved by the full Board, and preliminarily approved by the County Commission. She noted
that she is now seeking approval from the City Commission.
Responding to Commissioner Brown, Health Officer Nelson stated the amount budgeted under the
administration budget for capital reserve is to fund a building, furniture and other large expenditures. She
indicated that the department does not know where it will be located in the future. She then indicated that
the other large reserve is in communicable diseases, and is to cover the costs of addressing a potential
outbreak. She then indicated that there are now federal monies available through public health and
emergency preparedness grants that are designed to improve the infrastructure for public health; and she
anticipates those monies will remain available for several years.
At the Mayor's request, the Health Officer addressed potential effects from the recent legislative
session. She noted that the session did not have any direct financial impacts on the Health Department;
however, she indicated that the effects from cuts in other services to children and families will impact the
department. As a result, one of the strategic activities is to conduct a community assessment to determine
what residents view as critical services and to provide important baseline data.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission
approve the preliminary budget for the City-County Health Department fo Fiscal Year 2003-2004 as
presented. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff;
those voting No, none.
Informal review - Sourdough Village PUD/Subdivision - subdivide 1.6 acres located at southeast
corner of intersection of Sourdough Road and Kaav Boulevard either into lots for eiaht detached
sinale.household condominium units or lots for five sinale.household residences - Norman and
Jovce Beniamin (1.02035. Z.03009 and P.03014)
Included in the Commissioners' packets was a memo from Assistant Planner Susan Kozub, dated
July 8, 2003, forwarding the conceptual zoning planned unit development and the pre-application for
subdivision for Sourdough Village.
Assistant Planner Kozub noted that the subject 1.6-acre parcel is located at the southeast corner
of the intersection of Sourdough Road and Kagy Boulevard, with road right-of-way lying between the street
and the subject property. She noted the applicant has submitted two proposals for development of the site,
one for eight detached condominium units and one for a five-lot minor subdivision, based on the results of
a land use facilitated meeting. She noted the condominiums would be of three types, cottages, single-family
residences and barrier free single-family residences on one floor. Due to recent changes in state law, the
condominiums would be exempt from subdivision review but would be required to go through the minor site
plan review process with the Development Review Committee having the final review authority unless that
decision is appealed. If the five-lot minor subdivision option is used, the applicant must design a subdivision
in compliance with subdivision regulations. The planned unit development process would not be required
in either instance. She concluded by noting that during the land use facilitated meeting, several neighbors
voiced concern about having more than one or two residences on this subject property.
Responding to Mayor Kirchhoff, Assistant Planner Kozub stated that the options considered during
the land use facilitated meeting were different from the options now before the Commission, although one
of the options was for townhouses in a layout similar to that proposed for the condominiums.
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Responding to Commissioner Brown, the Assistant Planner stated the lot immediately to the north
is owned by the Montana Department of Transportation, and the applicants are looking at the possibility of
turning that lot into a park.
Mr. Eric Nelson, Think Tank Design Group, representing the applicant, stated their preference for
the condominium project rather than the subdivision because they feel it represents a stronger gesture to
compliance with the goals and objectives of the Bozeman 2020 Community Plan, providing a quiet
neighborhood enclave and a sense of place. He noted that three cottages are proposed on the north side
of the parcel, each containing 1,200 to 1,600 square feet, with detached carports. The homes along the
back of the lot and at the southeast corner would be two-story structures that fit with the topography of the
property, and the two units in the middle would be barrier free single-family residences. Three different
open spaces are proposed within the development, with individual garden plots located to the north. He
indicated that four-sided architecture is proposed for each of the units, and the carports will be designed
to provide visual connectivity to the surrounding properties. A hedge row is proposed along Sourdough
Road, to buffer the development from that roadway. The single-family and barrier free single-family
residences will have attached garages that are set back a minimum of 20 feet from the front of the structure
and front porches that provide a more traditional feeling neighborhood. He concluded by noting the cottages
will have two bedrooms while the other units will have either three or four bedrooms.
Responding to Mayor Kirchhoff, Mr. Nelson indicated that a mail kiosk for the development will be
located in the center, and small storage units will be provided for each unit. He stated that consideration
has not been given to the possible need for providing a storage area for A TVs, snowmobiles or boats. He
then indicated that the covenants will address that issue and will ensure that the open carports do not
become excessively crowded. He also noted that a community facility has been considered, with dedicated
space for a work shop; and adding a storage area might be appropriate.
Mayor Kirchhoff noted that a nice interior courtyard has been provided, but that is also the area
where vehicles are proposed and asked if they could be relocated.
Mr. Brian Caldwell noted that a communal structure has been proposed as a common gathering
space with a fireplace at the edge of the courtyard providing a vertical element.
Commissioner Youngman stated she does not feel that some of the elements of the courtyard and
the parking area work well together, noting that the parking invades the homes and yards. She suggested
that moving the cars behind the units and moving the homes forward could alleviate the problems of mixing
the individual and collective areas.
Mr. Caldwell noted that the design is intended to force a collision of neighbors and attendant
socializing.
Mayor Kirchhoff cautioned that the character of the carports could change over time, possibly
through closing in of the structures or planting vines that create a screen. He acknowledged that this is a
unique setting that will attract certain segments of the population and he appreciates the uniqueness of the
elevations. He then expressed his support for Option 1, which is the condominium development. He noted
the neighborhood has weighed in numerous times, with much of that reaction being negative; and he feels
this design is sensitive to those concerns and reflects use of the topography to minimize impacts on
surrounding properties.
Responding to questions from Mr. Brian Caldwell, Commissioner Brown acknowledged this plan is
a slight improvement over previous plans. He noted, however, that the "R-2" zoned land around this site
has been developed with one or two homes on the property; and this plan does not fit into that community
at all. He recognized that the plan includes interesting designs and positive concepts, but he feels it is too
much for 1.6 acres surrounded by single-family homes. He noted it also appears the applicant is counting
on the highway land to the north to provide the open space needed to make this project attractive.
Responding to Mayor Kirchhoff, Mr. Nelson expressed his commitment to design and a quality
development. Mayor Kirchhoff noted he is simply seeking assurance that the project will be developed as
shown.
Commissioner Hietala stated he feels there are too many units under Option 1 and indicated he
could support that option with one less unit. He then indicated he appreciates the approach to mixed use
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and the attention given to accommodating the views from this property while not obstructing the views of
neighbors.
Commissioner Youngman stated she does not feel the difference between five and eight single-
family detached units on this property is significant. She indicated that Option 1 goes further in blending
of housing types, but she does not have a strong preference for either option.
Commissioner Cetraro indicated he likes both plans, although he suggested the neighbors might
prefer Option 2, which would create five lots. He voiced his appreciation for the design of this project, noting
it helps to establish identities.
Commissioner Brown stated the density is excessive and, of the two options, he prefers Option 2
and would support it further if it included one less unit. He stressed that eight units are too many for this
challenging parcel. He concluded by stating that either plan will change the characteristic of this area
dramatically and neither plan adequately addresses the opposition expressed by the neighborhood.
Mayor Kirchhoff thanked the applicants for submitting these informal plans for Commission
consideration and comment.
Discussion - possible submittal of petition to the Montana Department of Environmental Qualitv
(DEQ) for orphan share funds under the Controlled Allocation of Liability Act (CALA) for remediation
of entire contaminated site adiacent to new library site on East Main Street
Included in the Commissioners' packets were a memo from Staff Attorney Tim Cooper, dated July
8,2003, and a copy of the letter from Resource Technologies, Inc., to the Library Board of Trustees, dated
December 26,2002.
Staff Attorney Tim Cooper reviewed a map of the area along East Main Street and South Wallace
Avenue, identifying the parcel owned by the City. He noted that, as owner of the property, the City of
Bozeman has taken steps to have the hazardous substances removed from the site and clean it up under
a voluntary clean-up and remediation plan. He noted that RTI has been hired to develop the plan, which
was submitted to and approved by the State; and Envirocon has now been hired to do the work. He
indicated that this project is being undertaken under Title 75, Chapter 10, Part 7 of the Montana Code
Annotated; and the remainder of that statute pertains to the potential for reimbursement from the State fund
through orphan share funds.
The Staff Attorney indicated he has discussed this matter with representatives from the Department
of Environmental Quality (DEQ) because of the number of issues involved. He noted that, generally
speaking, under the voluntary clean-up plan, the City is seeking to have its property closed as property with
hazardous substances and, if the DEQ approves the work done, the property will be closed and the City can
proceed with construction of a new library. He indicated that if the City takes the next step to pursue clean-
up of the entire area, the State will look at the entire area, not just the City's site, and determine the overall
allocation of liability. He acknowledged that getting a share of the money would be good, but cautioned that
addressing adjacent properties will be involved.
Responding to questions from Commissioner Brown, Mr. Mark Johnson, RTI, stated preliminary
studies suggest contamination is under the Lake Glass building, under the entire Empire Building site, under
the Harrington's building, and under South Wallace Avenue. He stated the City is a PLP and, where there
are multiple PLPs, part of the issue is determining who pays what share. He noted other responsible parties
include Pacific Steel, Weissman's and Interstate Products. He stated that Interstate Products is now
defunct, with no known successors, and Weissman's is in bankruptcy proceedings. He further noted that
CMC is considered a responsible party since it owned the property and benefitted from leasing it.
Responding to Mayor Kirchhoff, Mr. Mark Johnson indicated that the clean-up would not be binding
on the other parties; rather, the process is to determine what share of the costs would be eligible for
orphan's share funds through the State. He indicated that, under the current process, everyone is 100-
percent responsible for clean-up; and all or only one of the responsible parties may choose to participate.
He indicated the best option is to have 1 OO-percent joint and several liability.
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Further responding to the Mayor, Mr. Mark Johnson indicated that the process could take a few
years. The critical issue at this time is making the petition, since only those costs incurred after the date
of the petition are eligible for reimbursement. With the fact that remediation is beginning to happen quickly,
time is of the essence and, if the petition were to be faxed to Helena tomorrow, all subsequent costs would
be eligible. He noted that once the petition is submitted, preliminary investigation for PLPs will follow; and
notification letters will then be mailed. Until that point, which is approximately two months, the petitioner can
back out. He cautioned that if this process is undertaken, the whole site must be addressed to the
satisfaction of the State, although not necessarily cleaned up.
Responding to additional questions from Mayor Kirchhoff, Staff Attorney Cooper stated that if the
City pursues this option, the State would come in and look at the contamination of the area not confined to
the City's property lines and determine the satisfactory means of addressing all contamination. He noted
the concern is that if the City pursues clean-up under the CALA process and it becomes difficult or
impossible to address all contamination, it may jeopardize the original voluntary clean-up plan.
Responding to Commissioner Cetraro, the Staff Attorney stated the City must acquire the
cooperation of off-site parties since it doesn't have permission to go onto those properties or expand the
existing contract to include them. He cautioned that to expand beyond the City's property will result in
spending additional monies with no guarantee that any of those costs will be recovered.
Mr. Mark Johnson responded that the CALA process does not trigger enforcement of the clean-up.
He noted the site is now a medium-priority site, and the State could require the remainder of the site to be
cleaned up even once the City's property is remediated.
Responding to Mayor Kirchhoff, Mr. Johnson indicated that the CALA process rarely requires clean-
up of properties and typically includes cooperative property owners only. He suggested that, if other
properties want to address the contamination on their properties at a later date, they will be required to
develop their own plans and obtain approval from the State.
Responding to Commissioner Brown, Mr. Mark Johnson indicated that if the CALA process is
undertaken, the City will be the lead party and the other parties would be responsible for their percentages
of the costs. He noted that the City's remediation contract has been front loaded to cover the costs of
mobilization, so the unit cost for excavation is low. He estimated that $45,000 to $60,000 has been spent
on the City's site to date and will not be eligible for reimbursement, with more costs being accrued daily.
Staff Attorney Tim Cooper noted that, whenever members of the Department of Environmental
Quality are working on this project, they charge the City. He then noted that, the way he reads the statute,
if parties choose not to participate, all parties remain jointly and severally liable. He recognized there appear
to be conflicts between what he has understood from conversations with DEQ and what Mr. Mark Johnson
is telling the Commission. As a result, he wants an answer on what will happen if the other sites are
pursued and if the City will be able to obtain closure from the State if contaminants remain on other sites.
Mr. Mark Johnson stated that he talked to DEQ about that issue, and found that cleaning up the
existing property will enable the library to be built but does not close the facility or the site; and without the
CALA process, the City will still be jointly and severally liable for off-site contamination. He noted that, by
virtue of acquiring the property, the City inherited CMC's responsibility.
After Mr. Mark Johnson responded to questions regarding the monies in the orphan's share fund,
Mayor Kirchhoff stated expanding the site will result in expanding the City's financial obligation and
recouping just a percentage of the additional costs. He then indicated that, in light of the unanswered
questions, he feels this issue needs to be revisited rather than a decision being made at this time.
Mr. Mark Johnson encouraged the Commission to proceed with the petition for the CALA process,
noting it is a retractable petition that can be withdrawn at a later date if the Commission wishes. He noted
that substantial costs are being incurred and, if the City chooses to participate in the CALA process, it would
be good to have those costs a part of it.
City Manager Johnson asked under what circumstances would the City consider withdrawing the
petition, noting that it is important to identify those before proceeding.
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Commissioner Cetraro voiced his discomfort about potential conflicts with adjoining property owners
and concerns about reimbursement.
Responding to comments from Mayor Kirchhoff, City Attorney Luwe noted that staff cannot give
assurances; it can only identify the risks involved with the process.
Mayor Kirchhoff voiced concern that the City had anticipated an $800,000 cost for cleaning up the
site, and it is now 1 Y:z times that amount. He questioned if the City would incur more risk if it participated
in the CALA process.
Staff Attorney Cooper stated it is his interpretation of the statute on the voluntary clean up plan that,
if undertaken, the State is prohibited from taking enforcement action against the City. If the CALA process
is initiated, the State can take enforcement action on property not addressed to their satisfaction. He noted
that is the main question to be addressed in the next thirty days if the Commission chooses to proceed with
the CALA petition. As a result, he suggested the Commission could choose to proceed with the petition with
the condition that it be withdrawn in the next thirty days if adequate and satisfactory responses to the
outstanding questions have not been provided.
Commissioner Youngman indicated she can support submittal of the CALA petition at this time,
since it can be withdrawn. She wants to ensure there is no net loss to property owners.
Commissioner Brown stated he would like to hear from the Library Board of Trustees, although he
has no objection to submitting a petition at this time.
Mayor Kirchhoff requested that a cost/risk analysis be submitted to the Commission within thirty
days.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission
authorize submittal of a petition to the Montana Department of Environmental Quality for orphan share funds
under the Controlled Allocation of Liability Act for remediation of the entire contaminated site adjacent to
the new library site on East Main Street, subject to a report from staff within the next thirty days that includes
a risk/cost analysis. 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.
Work session with Cemetery Board
In addition to the Commissioners, the following were present for the work session.
City staff - Superintendent of Facilities and Lands James Goehrung and Director of Public Service
Debbie Arkell
Cemetery Board members - Carson Taylor and Irv Page
Mayor Kirchhoff welcomed the board members. He noted that he is liaison to this board, but due
to his teaching schedule, he is unable to attend the meetings.
Mr. Irv Page introduced himself, noting he serves as the veteran's group representative on the
Board. He noted that he would like to see the names on the wall project undertaken quickly, including those
from World War II, the Korean War and Vietnam. He stressed this as extremely important, particularly since
the veterans from World War II are aging. Based on the positive reactions to war memorials in other
communities, he feels a wall in Bozeman would be welcomed with pride by local veterans. He recognized
that this project will cost a substantial amount of money, but he feels the community would support it.
Mr. Carson Taylor noted that a cemetery is good for fifty years unless life and death patterns change,
and cremation is one of those changes. Another issue is how the cemetery looks, noting that everyone
loves the old part of the cemetery, with its trees and solitude. He recognized that as the cemetery expands
toward the hospital and Highland Boulevard, it will be closer to traffic and suggested that a buffer zone
between the street and a lilac hedge be considered. He indicated that the buffer zone could include an area
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that would accommodate trails for walking, biking and skiing. He characterized the cemetery as a
community place where people can go to grieve and contemplate.
Mr. Taylor noted one of the issues with which the Board is grappling is the issue of use, particularly
since State law specifies that land acquired for a cemetery is limited to that use. He questioned at what
point the land is considered cemetery and whether, in the meantime, allowing a ski trail on the periphery
of the cemetery is acceptable, and if leasing of extra land to a farmer for raising grain is appropriate.
Mr. Taylor identified water for irrigation as a big issue, noting that it is the Board's vision and mission
to maintain the best possible cemetery and allow for its growth. To accomplish that vision, the Board is
working on a long-range plan for the next twenty years and is approaching completion of that plan.
Responding to Commissioner Brown, Superintendent of Facilities and Lands James Goehrung
confirmed that the land between Golf Way and Highland Boulevard is cemetery land.
Mr. Carson Taylor noted that when the Board makes recommendations, it would like to know when
a recommendation is not accepted and why, so it can stay on the right track.
Responding to Mayor Kirchhoff, Superintendent Goehrung stated the long-range plan will culminate
with projects being listed in the capital improvement program. He noted that some of those items are a new
entry to the cemetery and a perimeter hedge. He also indicated that a covered storage building to stockpile
dirt in the winter is included in this year's budget. He then emphasized water as a key issue, noting that 2/3
of the irrigation water comes from the City water supply and 1/3 third comes from the well in Lindley Park.
He stated that if an appropriate location can be identified for an irrigation well that will produce adequate
water supply, reliance on City water can be reduced.
Mr. Taylor stated that the ambiance and appearance of the cemetery are extremely important. He
noted that over the past few years, Kim Scott and Derek Strahn have provided very interesting tours of the
cemetery, which has increased public interest and awareness of the cemetery.
Mayor Kirchhoff concluded this agenda item by thanking the Cemetery Board members for
participating in this work session.
Recess - 5:20 p.m.
Mayor Kirchhoff recessed the meeting at 5:20 p.m., to reconvene at 7:00 p.m. for the purpose of
conducting the scheduled public hearings and completing the routine business items.
Reconvene - 7:00 p.m.
Mayor Kirchhoff reconvened the meeting at 7:00 p.m.
Public hearing - intent to annex 5.1688-acre tract described as Tract 1. Certificate of Survey No. 985
(southeast auadrant of intersection of Cottonwood Road and Durston Road) - Jeremv Shea dba
Shea Homes (A-03003)
This was the time and place set for the public hearing on the intent to annex a 5.1688-acre tract
located at the southeast quadrant of the intersection of Cottonwood Road and Durston Road, as established
by Commission Resolution No. 3602, entitled:
COMMISSION RESOLUTION NO. 3602
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE
INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND
CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY
DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO
INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
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Mayor Kirchhoff opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He distributed a copy of Certificate of
Survey No. 985, noting the discrepancy between the 5.6188 acres contained in the parcel and the 5.1688
acres identified in the resolution.
The Senior Planner stated that staff has reviewed this annexation in light of the goals and policies
set forth in Commission Resolution No. 3137, and staff's comprehensive findings are contained in the
written staff report. He briefly highlighted those findings and forwarded the following issues that staff has
identified as needing to be addressed prior to or in the Annexation Agreement:
1. Applicant shall provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of SIDs for street improvements including
paving, curb/gutter, sidewalk and storm drainage facilities for the following streets:
a. Durston Road
b. Cottonwood Road
Signalization Improvements for the following intersections:
a. Cottonwood Road/U.S. 191 (Huffine Lane)
The document filed shall specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an
alternate financing method for the completion of said improvements on a fair share,
proportionate basis as determined by square footage of property, taxable valuation
of the property, traffic contribution from the development, or a combination thereof.
2. Payback districts have been created for the Valley West street, water, and sewer
improvements. The applicant will be required to make full payment prior to
annexation. The payback amounts are as follows:
Water: $1 ,278.29/Gross Acre
Sewer: $1 ,482.47/Gross Acre
Street: $2,900.04/Gross Acre
3. The owner shall provide pUblic street and utility easements for Cottonwood Road
and Durston Road. The easement shall be 50 feet wide from the section line for
Durston Road. and 60 feet wide from the section line for Cottonwood Road. These
are one half of a minor arterial standard and one half a principal arterial standard
respectively as shown in the Transportation Plan.
4. That water rights or cash in-lieu of water rights in an amount determined by the
Director of Public Service be provided by the applicant prior to the City Commission
adopting the Resolution of Annexation and accepting the Annexation Agreement.
5. That at the time of connection to the City's water and sewer facilities, the landowners
shall pay all applicable water and sewer impact fees that are due. The landowners
and their successors shall pay all fire, street, water and sewer impact fees required
by Chapter 3.24, Bozeman Municipal Code, or as amended at the time of application
for any permit listed therein.
6. The Annexation Agreement should include notice that, prior to development, the
developer will be responsible for installing any facilities required to provide full
municipal services to the property in accordance with the City's infrastructure Master
Plan and all city policies and guidelines that may be in effect at the time of
development.
7. An Annexation Map, titled "North Forty Annexation Map" with a legal description of
the property shall be submitted by the applicant for use with the Annexation
Agreement. The map must be supplied on a mylar for City records (18-inch by 24-
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inch), a reduced a~-inch by 11-inch or a~-inch by 14-inch exhibit for filing with the
Annexation Agreement at the County Clerk & Recorder, and a digital copy for the
City Engineer's Office. This map must be acceptable to the Director of Public
Service and City Engineer's Office, and shall be submitted with the signed
Annexation Agreement. Said map shall contain a metes and bounds legal
description of the perimeter of the subject property, total acreage of the property and
adjoining rights-of-way and/or street access easements.
a. That the applicant executes all contingencies and terms of said Annexation
Agreement with the City of Bozeman within one (1) year of approval by the
governing body, or annexation approval shall be null and void.
Ms. Holly Brown, attorney representing the applicant, asked that the standard language regarding
an alternative financing mechanism be added to Item No.1, to address funding of those improvements if
a special improvement district is not created.
Senior Planner Skelton responded that the additional boilerplate language is not typically included
in the staff report but is included in the Annexation Agreement. He indicated that he has no problem adding
the language as requested.
Mayor Kirchhoff voiced support for not allowing development on this property until an SID for
improvements to Durston Road is in place.
Mr. Jeremy Shea, applicant, stated he wants to develop this property as soon as possible and asked
when the SID for improvements to Durston Road is anticipated. He noted it is his intent to do townhouse
duplexes and affordable units, and asked if it would be possible to phase in his project if the SID is not
created soon.
No one was present to speak in opposition to the requested annexation.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Responding to Mayor Kirchhoff, Planning Director Epple concurred that concerns have been raised
about the status of Durston Road for several years and, in recent years, the Commission has added
conditions to phased developments, such as Valley West Subdivision, Laurel Glen Subdivision and Harvest
Creek Subdivision, in an effort to address those needed improvements. He noted that improvements to
Durston Road between North 7th Avenue and North 19th Avenue are scheduled for next summer, and the
intersection of Huffine Lane and Cottonwood Road will be signalized within the next few months. Those
improvements should help to alleviate the problems on Durston Road; and the condition of Durston Road
between North 19th Avenue and Cottonwood Road will cause drivers to slow down and drive more
cautiously.
Responding to Mayor Kirchhoff, Senior Planner Skelton indicated that Durston Road west of North
19th Avenue is similar to West Babcock Street, with several right-of-way issues involved. He then stressed
that infrastructure improvements need to be made to accommodate additional traffic.
Director of Public Service Debbie Arkell stated that potential creation of a special improvement
district for Durston Road between North 19th Avenue and Fowler Avenue is very close; but improvements
to Durston Road between Fowler Avenue and Laurel Glen Subdivision are a few years away, pending
acquisition of easements and right-of-way.
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that staff be
authorized and directed to bring back an Annexation Agreement, addressing Item Nos. 1 through a listed
above, for Commission consideration. 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.
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Public hearina - Zone MaD Amendment - establish initial zoning desianation of "R-4" on 5.1688-acre
tract described as Tract 1. Certificate of Survey No. 985 (southeast auadrant of intersection of
Cottonwood Road and Durston Road) - Jeremv Shea dba Shea Homes (Z-03076)
This was the time and place set for the public hearing on the Zone Map Amendment requested by
Jeremy Shea under Application No. Z-03076, to establish an initial zoning designation of "R-4," Residential-
High-density, on a 5.1688-acre tract described as Tract 1, Certificate of Survey No. 985. The subject
property is located in the southeast quadrant of the intersection of Cottonwood Road and Durston Road.
Mayor Kirchhoff opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He stated the applicant is seeking an initial
zoning designation of "R-4," Residential-High-density. He noted that staff has reviewed this application in
light of the twelve criteria set forth in the zone code, and staff's comprehensive findings are contained in the
written staff report.
Senior Planner Skelton stated that the property to the north, east and south is zoned "R-3,"
Residential-Medium-density, and the property to the west is zoned "PLI," Public Lands and Institutions.
Since the subject property is located at the intersection of a minor arterial and a major arterial, both staff
and the Zoning Commission support the requested "R-4" zoning.
Mr. Lowell Springer, architect representing the applicant, expressed concurrence with the staff
report, stating he feels this is a perfect model of what the Bozeman 2020 Community Plan anticipates.
Senior Planner Skelton noted that the Valley West Subdivision is located to the south and east of
this subject property. He indicated that development of this property will be reviewed to ensure its
compatibility with the Valley West Subdivision.
Mayor Kirchhoff identified frontages, setbacks, height, design and materials as issues to be
considered when ensuring compatibility of this development with development in the Valley West
Subdivision.
No one was present to speak in opposition to the requested zoning.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Zone Map
Amendment requested by Jeremy Shea under Application No. Z-03076, to establish an initial zoning
designation of "R-4," Residential-High-density, on a 5.6188-acre tract described as Tract 1, Certificate of
Survey No. 985, be initially approved and that staff be directed to bring back an ordinance enacting the
amendment subject to the following conditions:
1. That the ordinance enacting the Zone Map Amendment shall not be adopted until
the resolution of annexation is signed by the applicant and formally approved by the
City Commission. If the annexation is not approved, the application shall be null and
void.
2. That the applicant submit a zone amendment map, titled "North Forty Zone Map
Amendment," on a 24-inch by 36-inch mylar, 8Y:1-inch by 11-inch, or 8Y:1-inch by 14-
inch paper exhibit, and a digital copy of the area to be zoned, acceptable to the
Director of Public Service, which will be utilized in the preparation of the ordinance
to officially amend the City of Bozeman Zoning Map. Said map shall contain a
metes and bounds legal description of the perimeter of the subject property, total
acreage ofthe property and adjoining rights-of-way and/or street access easements.
3. That the ordinance for the Zone Map Amendment shall not be drafted until the
applicant provides a metes and bounds legal description and map of the area to be
rezoned, which will be utilized in the preparation of the ordinance to officially amend
the zone map.
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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.
Public hearina - intent to annex 0.67 acres described as Tracts 3 and 4. located in the W% of the
NW% of the SW% of Section 13. T2S. R5E. MPM (1602 and 1604 MaDle Lane) - Robert & Kathleen
Mielnik and Donald & Laurene Fausett (A-03004)
This was the time and place set for the public hearing on the intent to annex an 0.67-acre tract
located at 1602 and 1604 Maple Lane, as established by Commission Resolution No. 3603, entitled:
COMMISSION RESOLUTION NO. 3603
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE
INHABIT ANTS THEREOF AND THE INHABIT ANTS OF TRACTS OF LAND CONTIGUOUS
TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO
EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID
CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
Mayor Kirchhoff opened the public hearing.
Assistant Planner Susan Kozub presented the staff report. She stated that under this application,
two tracts containing 0.67 acres located at the southeast corner of the intersection of Maple Lane and
Lincoln Street are to be annexed to allow access to City water and sewer services and further development
of the parcels. Each parcel currently contains a single-family residence; and Mr. Mielnik wishes to convert
his home to a duplex. She noted that the Development Review Committee has recommended denial based
on the lack of adequate emergency services; however, Assistant City Manager Brey has suggested that
annexation be allowed with a replacement condition that would address the turnaround issue that has
emergency services concerned. The Assistant Planner then noted that during its review of the requested
zoning for this property, the Zoning Commission recommended that the Commission consider requiring a
pedestrian walkway to connect this and adjacent properties to the University campus.
The Assistant Planner stated that staff has reviewed this annexation in light of the goals and policies
set forth in Commission Resolution No. 3137, and staff's comprehensive findings are contained in the
written staff report. She briefly highlighted those findings and forwarded the following issues that staff has
identified as needing to be addressed prior to or in the Annexation Agreement:
1. Prior to annexation, and in accordance with Commission Resolution No. 3137,
Policy No.6, the applicant must provide a written plan to address the
accommodation of services subject to review and approval by the Development
Review Committee.
2. The owner shall record with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of SIDs to be filed with the Annexation
Agreement for the following:
a) A City-wide Parks Maintenance District
The document filed shall specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an
alternate financing method for the said improvements on a fair share, proportionate
basis such as square footage, taxable valuation of the property, traffic contribution
from the development or a combination thereof.
3. At the time of annexation, the landowners shall pay all street and fire impact fees
that are attributable for the existing residences. At the time of connection to the
City's water and sewer facilities, the landowners shall pay all applicable water and
sewer impact fees required by Chapter 3.24, Bozeman Municipal Code.
07-14-03
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4. The applicants should be aware that at the time of any further development on the
properties, the landowners and their successors shall pay all fire, street, water, and
sewer impact fees required by Chapter 3.24, Bozeman Municipal Code.
5. As the parcel is less than 10 acres in size, water rights, or cash-in-lieu, must be
provided at the time the Annexation Agreement is submitted.
6. The Annexation Agreement, which addresses all terms placed on the annexation
application by the City Commission, shall be returned to the City of Bozeman
Planning and Community Development Department within one year of a City
Commission decision to annex the property, or annexation approval shall be null and
void.
7. The applicants shall submit an annexation map with a legal description of the
property, show the existing public utilities (water, sewer, roadways and storm
drainage) improvements on the property; and show adjacent developments
(subdivision name, block, and lots). The map shall also show rights-of-way and
public easements within and adjacent to the property with the Annexation
Agreement. The map must be supplied on: 1.) one mylar copy (18-inch by 24-inch)
for City records; 2.) one digital copy on a double-sided, high density 3}t2-inch floppy
disk; and 3.) one paper copy on either letter or legal size paper for recording with the
Annexation Agreement by the Gallatin County Clerk and Recorder. The maps must
be acceptable to the Director of Public Service.
8. Applicant shall provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of SIDs for street improvements including
paving, curb/gutter, sidewalk and storm drainage facilities for the following streets:
a) Maple Lane
b) Lincoln Road
9. The applicants shall each provide a 3S-foot-wide public street and utility easement
for Maple Lane.
10. Prior to annexation, the property owners shall install a fire hydrant along Maple Lane
with the exact location subject to review and approval by the Water/Sewer
Department and the Fire Department.
In light of the Assistant City Manager's memo, Assistant Planner Kozub suggested that Item NO.1
be replaced with the following:
1. Prior to annexation, the applicant shall provide for a turn-around, with the design and
legal status subject to review and approval by the Assistant Director of Public Safety
-Inspections.
Mr. Joe Frost, 1816 South Rouse Avenue, noted the Zoning Commission has suggested a cut
through between the two properties to provide access from the University Apartments on Kagy Boulevard.
He noted that residents of that development have already started tearing down the fence further to the east
to get access, and he feels it would be more appropriate to create an access for bicycles and pedestrians
in that location.
Assistant Planner Kozub stated she spoke with the applicant this morning, and he suggested that
with development of the lots to the north, a pedestrian trail could be required. She then indicated that staff
has not considered the provision of a trail as part of the annexation process.
Neither the applicants nor a representative was present.
Since there were no objections, Mayor Kirchhoff closed the public hearing.
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It was moved by Commissioner Hietala, seconded by Commissioner Brown, that staff be authorized
and directed to bring back an Annexation Agreement, addressing Item Nos. 1 through 10 listed above, with
Item No. 1 being amended per Assistant City Manager Brey's memo dated July 9, for Commission
consideration.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the motion be
amended by adding Item No. 11, to read as follows:
11. That, with further development of these lots, the property owners shall provide a
pedestrian connection extending northward from the University Apartments
development toward the Montana State University campus on an alignment to be
reviewed and approved by the Office of Planning and Community Development.
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.
The main motion then carried by the following Aye and No vote: those voting Aye being
Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor
Kirchhoff; those voting No, none.
Public hearing - Zone Map Amendment - establish initial zonina designation of "R-4" on 0.67 acres
described as Tracts 3 and 4. located in the W% of the NW% of the SW% of Section 13. T2S. R5E. MPM
(1602 and 1604 Maple Lane) - Robert & Kathleen Mielnik and Donald & Laurene Fausett (Z-03093)
This was the time and place set for the public hearing on the Zone Map Amendment requested by
Robert and Kathleen Mielnik and Donald and Laurene Fausett under Application No. Z-03093, to establish
an initial zoning designation of "R-4," Residential-High density, on 0.67 acres described as Tracts 3 and
4, located in the W'Y2 of the NW~ of the SW14 of Section 13, Township 2 South, Range 5 East, Montana
Principal Meridian. The subject property is located at 1602 and 1604 Maple Lane.
Mayor Kirchhoff opened the public hearing.
Assistant Planner Susan Kozub presented the staff report. She noted the subject properties are
currently subject to county zoning and, with annexation, must be rezoned to an urban designation. She
stated the applicants have requested an "R-4," Residential-High-density, designation. Staff has reviewed
that zoning designation in light of the twelve criteria set forth in the zone code and, based on its findings,
has recommended an "R-3A," Residential- Two-household, Medium-density. She indicated that the revised
zoning designation is based on access constraints, size and configuration of the lots, structures on the lots,
parking and neighborhood compatibility. She noted that the Zoning Commission considered this application
at its meeting held on June 26,2003, and concurred in staff's recommendation.
No one was present to speak in support of or in opposition to this zone map amendment.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Zone Map
Amendment requested by Robert and Kathleen Mielnik and Donald and Laurene Fausett under Application
No. Z-03093, be initially approved by establishing a zoning designation of "R-3A," Residential- Two-
household, Medium density, on 0.67 acres described as Tracts 3 and 4, located in the W'Y2 of the NW14 of
the SW14 of Section 13, Township 2 South, Range 5 East, Montana Principal Meridian, and that staff be
directed to bring back an ordinance enacting the amendment, subject to the following conditions:
1. That the ordinance for the Zone Map Amendment shall not be adopted until the
resolution of annexation is completed and adopted by the City Commission. If the
annexation is not approved, the application shall be void.
2. That the applicant submit a zone amendment map, titled "Mielnik/Fausett
Annexation," on: 1.) a 24-inch by 36-inch mylar; 2.) an 8'Y2-inch by 11-inch, or 8'Y2-
inch by 14-inch paper exhibit; and 3.) a digital copy of the area to be zoned,
07-14-03
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acceptable to the Director of Public Service, which will be utilized in the preparation
of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map
shall contain a metes and bounds legal description of the perimeter of the subject
property, description of the boundaries of each specific zoning designation, total
acreage of the property, acreage of each specific zoning designation, and adjoining
rights-of-way and/or street access easements.
3. That the ordinance for the Zone Map Amendment shall not be drafted until the
applicant provides a metes and bounds legal description and map of the area to be
rezoned, which will be utilized in the preparation of the ordinance to officially amend
the zone map.
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.
Public hearing - Conditional Use Permit - allow reuse of existing tenant soace on Lot 3A-2-1. Block
3A. Kirks Fourth Subdivision. as an outoatient veterinary clinic - OouQ Rains (Faithful Friends
Animal Clinic. 200 South 23rd Avenue. Unit 0-6) (Z-03115)
This was the time and place set for the public hearing on the Conditional Use Permit requested by
Doug Rains under Application No. Z-03115, to allow reuse of an existing tenant space described as Unit
D-6 on Lot 3A-2-1, Block 3A, Kirk's Fourth Subdivision, as an outpatient veterinary clinic. The project is
known as Faithful Friends Animal Clinic and is to be located in the University Square Shopping Center at
200 South 23rd Avenue.
Mayor Kirchhoff opened the public hearing.
Urban Designer Candace Honatke presented the staff report. She stated the applicant proposes
to remodel the interior space of a currently vacant unit in the University Square Shopping Center to
accommodate an outpatient animal clinic that includes examination rooms, a surgical area, reception area,
waiting area and retail sales. Because of the zoning, a conditional use permit is required to allow this use.
Urban Designer Honatke stated that staff has reviewed this application in light of the applicable
criteria, and staff's comprehensive findings are contained in the written staff report. Based on those
findings, staff has recommended approval subject to several conditions.
Mr. Doug Rains, applicant, indicated a willingness to respond to questions.
No one was present to submit comment in support of or in opposition to this application.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the
Conditional Use Permit requested by Doug Rains under Application No. Z-03115, to allow reuse of an
existing tenant space described as Unit D-6 on Lot 3A-2-1, Block 3A, Kirk's Fourth Subdivision, as an
outpatient veterinary clinic be approved subject to the following conditions:
1. The final site plan submittal shall include illustrations, dimensioned and labeled with
use areas, of the interior remodel of the tenant space in Unit D-6 as proposed.
2. The applicant shall provide at least one bench in a safe area on site for customer
use (preferably near the entrance to the clinic), if permitted in the by-laws or
covenants of the University Square Shopping Center.
3. Due to the use patterns of the University Square Shopping Center and in order to
prevent potential conflict with adjacent tenants or property owners, applicant shall
provide a bag dispenser and disposal area for animal waste inside the building and
maintain this service on a regular basis.
07-14-03
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4. The architectural elevations do not indicate any ground or roof-mounted mechanical
equipment. Applicant should ensure that all such equipment shall be screened with
durable construction and materials. This equipment will need to be illustrated on the
final site plan on the exterior architectural elevations and site plans.
5. 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/her 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.
6. The applicant shall submit receipt of the recording of the conditions of approval for
the Conditional Use Permit with the final site plan submittal package.
7. The applicant must submit seven (7) copies of a final site plan within six months of
preliminary approval containing all of the conditions, corrections and modifications
to be reviewed and approved by the Planning Department.
8. Necessary sign permits shall be obtained, as required, by the Bozeman Municipal
Code through Vicki Hasler, Code Enforcement Officer at the Department of Planning
and Community Development, 20 East Olive Street, prior to the installation of any
new signage.
9. A Certificate of Appropriateness (COA) shall be issued to applicant at which time a
final site plan has been approved by the Planning Director. The COA is valid for one
year from date of issuance. The COA shall be displayed prominently during remodel
of the tenant space.
10. Building permits for any property owner and/or tenant improvements shall be
obtained, within one year of the date of the final site plan approval letter, as required
by the Bozeman Municipal Code, through the Building Inspection Division at 34
North Rouse Avenue.
11. According to Section 18.50.035.A of the Bozeman Municipal Code, the lighting plan
shall incorporate deflection of light downward and away from existing properties. All
proposed light fixtures and lamps must be designed within the code requirements.
Applicant shall provide the Planning Office with manufacturer cut sheets for all
proposed light fixtures, including those mounted on the building.
12. This project shall be constructed as approved and conditioned in the Certificate of
Appropriateness application. Any modifications to the submitted and approved
drawings shall invalidate the project's approval unless the applicant submits 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
Municipal Code.
13. All existing and proposed infrastructure and tie-ins shall be illustrated on the final
site plan.
14. The applicant shall provide a backflow prevention device for this tenant space.
Contact the Water and Sewer Department for specifications or requirements.
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.
07-14-03
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Public hearing. proposal for parkina structure on the parking lot located on the southeast corner
of the intersection of North Tracy Avenue and East Mendenhall Street. with City assistance throuah
a revenue bond supported by the tax increment financina district
This was the time and place set for the public hearing on the proposal for a parking structure on the
parking lot located at the southeast corner of the intersection of North Tracy Avenue and East Mendenhall
Street, with City assistance through a revenue bond supported by the tax increment financing district.
Mayor Kirchhoff opened the public hearing.
Included in the Commissioners' packets were a memo from Administrative Services Director Miral
Gamradt, dated July 9; a letter from the Downtown Bozeman Partnership forwarding the Downtown
Bozeman Improvement District Board (lOB) recommendation to provide support for the bonds through the
tax incrementfinancing district; minutes from the July 10 meeting of the Parking Commission, forwarding
support for using revenue bonds and tax increment financing to partially fund the garage; an e-mail
message from Betty Barrett, 1721 South Willson Avenue, stating opposition to the use of any public monies
to support the parking structure; and a letter and packet of information from Thomas Mosser, raising several
questions and issues regarding the project.
City Manager Clark Johnson noted that the developer of the proposed The Arts at City Center project
has requested City assistance for construction of the parking garage through the issuance of revenue bonds
supported by the tax increment financing district, and noted that those bonds could be further supported
through the creation of a special improvement district. He indicated that this proposal includes a three-level,
286-stall parking garage at an estimated cost of $7.336 million. He distributed a spread sheet that reflects
the cash flow needed to support the facility and retire the debt, along with an estimate of the revenues that
would be generated by the garage.
The City Manager indicated that the proposed garage will have 12,000 square feet of retail around
the perimeter of the ground level; and that space is to be sold as a shell only for an estimated $550,000.
Estimated annual payments would be $478,000, with $250,000 of that to be funded from the annual tax
increment, lowering the amount of debt service to $229,000 from other sources. He indicated that
projections suggest revenues from the parking garage at full operation should total $317,000, which should
be adequate to cover the payment. The issue is the period of time between when the parking garage is
constructed and the performing arts center, convention center or hotel is completed.
The City Manager noted that, during various conversations regarding The Arts at City Center project,
the Commissioners have all indicated it is important that neither the City's general fund nor the general
public be on the hook for the costs of this project. The suggested special improvement district would help
to ensure that does not occur, but provides a source of funding to offset any shortages from the tax
increment financing district and fees charged for using the parking garage. He indicated that the "B-3"
district encompasses approximately 4,022,000 square feet, and assessments could be based, in part, on
distance from the parking structure.
Mr. Chris Pope, Chair of the Parking Commission, stated the five-member advisory board has been
working on issues revolving around parking for almost three years, not the least of which is the public
perception there is not enough parking for the downtown. He stated the Parking Commission has worked
to find the least costly ways to make existing parking the most efficient, has increased the number of lease
parking spaces, has tried to address employee parking, and has improved the ticket writing process. He
noted that the long-range facilities planning group for the downtown has traveled to other communities, held
workshops and met with business leaders, and the result is an identified need for a parking structure to
ensure the vitality of the downtown as the community grows. However, the Parking Commission recognizes
the community does not have the monies to construct a parking garage. As a result, when the Parking
Commission received the proposal from Mr. Clotfelter to construct a three-story facility in the Tracy parking
lot, it conducted a thorough review and determined that it would support this important and potentially
exciting element to historic revitalization of the downtown. He noted it is important that this structure stand
alone on its merits, stating the Parking Commission believes the developer has a viable plan and should
not be penalized for other potential proposals in the future. Its principal strength is adherence to high quality
design and construction, with the structure being of a size and scope in keeping with the downtown.
Mr. Pope noted the Parking Commission has no budget and no staff. He also noted that it does not
have the capability of reviewing the project for design quality or analysis of the operating and capital
07-14-03
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budgets, but wants to assist City staff in reviewing the project. He stressed the importance of a letter of
intent or some other mechanism to outline the future financials of this structure and to ensure that it will
meet the parking needs of the downtown area and not just the proposed project.
Mr. Bert Hopeman, Chair of the Downtown Bozeman Improvement District Board, stated he has
been involved in various downtown groups for the past nine years; and the consistent recurring issue has
been the need for additional parking downtown. He stated the Board has looked very seriously and
thoroughly at this proposal, recognizing that the need for a parking garage has always been in the back of
their minds. He further noted that the MAKRS plan for the downtown, which was completed several years
ago, recognized that by 2005 or 2010 additional parking would be required if the downtown continued to
grow. He characterized this proposal as a timely one, noting the garage would be beneficial as long as it
can be financed responsibly. He indicated that the Board gave support for use of tax increment financing
monies. He reminded the Commission that the district ends in 2006, but if those monies are pledged to
repayment of bonds, those cash flows will be dedicated for twenty years even though the increment stops.
He indicated that the increment is projected to generate $300,000 to $325,000 annually, and bond
underwriters indicate that up to 80 percent of those monies can be earmarked to retire debt. The Board
agreed to commit up to $250,000 to service the revenue bonds. assuming the rest of the monies can be
raised from other sources.
Mr. Bert Hopeman noted it is extremely difficult to project revenues from a parking garage. The
spread sheet developed for the Board reflected free two-hour parking, $1 for four hours, $5 for overnight
parking and monthly passes. He stated that the parking garage may be three levels initially, however, he
suggested that it be constructed with the ability to increase it to six levels eventually because he anticipates
its construction will attract additional development close to it. He concluded by stating that both the lOB and
the BID Boards have overwhelmingly supported this proposal and want to work out a way to build a parking
garage.
Mr. Thomas Mosser, 122 West Main Street, distributed notebooks outlining his proposal for the
Bozeman Center for the Arts and Culture. He then referenced the written testimony he has previously
submitted. He noted that he repeatedly asked Clerk of the Commission Sullivan for information on this
proposal. The only information she provided were the memo from Administrative Services Director
Gamradt, the motion from the lOB and the BID, and the letter from the Parking Commission; she had no
proposal from the applicant, who he understands is Mr. Dick Clotfelter. He noted that he has just received
a letter dated July 10 that was not available until this meeting. He then expressed concern that the advisory
boards have submitted their recommendations without a written proposal to review. He concluded by
stating this parking garage is dependent upon revenues from the entire complex; and he feels action should
not be taken on this single item until the plans for the entire development are available for review.
Ms. AnnMarie Moran, 13830 Cottonwood Road, stated she is a patron of the arts, of downtown
businesses and of downtown services. She questioned what impacts might result when the 4:30 p.m.
matinee gets out and all of the cars want to leave the parking structure at the same time. She also asked
if the roads serving this facility are to be improved. She noted that, to open the on-street parking to
customers, employees may be required to park in the garage; however, she questioned if that will be a safe
environment for those who get off work late at night. She also cautioned that a parking garage will create
a visible change to the downtown and asked if that is what a town referred to as the "Gateway to
Yellowstone" wants to have. She concluded by cautioning that this garage could have detrimental impacts
on the downtown rather than a positive effect.
Mr. Jeff Krauss, 508 Park Place, stated he likes the ability to extend the tax increment financing for
another twenty years. He suggested that if the City chooses to pursue that extension, it should seek
concurrence from the County and the School District.
Ms. Terri Sullivan, 122 East Main Street, stated that she initially liked the performing arts center
concept, but is not sure this is the way to go. She noted that the newspaper initially reported that the project
would be privately financed, with no public funds used; now the use of tax increment financing monies and
the creation of a special improvement district are being discussed. She stated that, as a downtown
merchant recently hit with a $14,000 assessment for the downtown streetscape improvement project, she
feels the creation of a parking SID would add to that impact. She noted that none of the surveys that she
has seen indicate a parking structure is needed and suggested that, if the public is educated about the
parking lots and if employees and owners can be relocated out of the public parking, there would be plenty
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parking available. She concluded by stating the downtown parking is not being adequately patrolled and
suggested that increasing those efforts might address the perception of a parking shortage.
Mr. Shawn Moran, 13830 Cottonwood Road, raised several questions about the project. He asked
who will pay the impact fees. He noted that the letter from Mr. Clotfelter seems to assume the project is
completed with the hotel, performing arts center and all other additions. It doesn't seem that any votes have
been taken on the overall project and, if they have been, it appears the public process has been
circumvented. He cautioned that, ultimately, the costs will be placed on the consumers who go downtown,
to an area with a stigma of being higher priced than other areas of the community. He indicated that he
likes what he sees in the downtown now, but also embraces growth and development that is guided
rationally. He asked what will happen to the downtown if the parking structure is the only piece of the overall
project completed. He concluded by stating most citizens want to see the town remain historic and rustic,
and this plan doesn't seem consistent with that vision.
Mrs. Jane Jelinski, 433 North Tracy Avenue, stated there is little doubt that additional downtown
parking is needed. She raised several questions about the project, however, including whether the $7.4
million is for construction or if it includes the costs of design and engineering; whether traffic studies will be
conducted to determine ingress and egress; whether Mendenhall Street will be improved and traffic signals
installed to accommodate the additional traffic; whether any portion of the funding for this project will affect
property taxes; and if impacts on the northeast neighborhoods, with their narrow streets, have been
considered. She noted that, since this is the first step in the whole project, she feels it should be considered
as part of a comprehensive project and not considered separately. She noted that a review of the minutes
for the past six weeks has revealed no Commission discussion on this project except for one statement
under "FYI Items" regarding a commitment to purchase the Armory with no mention of whether $80,000 was
accepted from the developer. She concluded by reminding the Commission that the public meetings law
requires public participation before a decision is made.
Mr. Larry Bowman, 2614 Spring Creek Drive, voiced support for the project, noting that in the thirty
years he has been in business downtown, the recurring theme in public opinion surveys has been parking.
He stressed the need for investment in the downtown area, particularly since businesses are encountering
a severe strain from development around Bozeman.
Ms. Mary Jane DiSanti, 8 Hill Street, stated she owns property and a business downtown. She noted
that, over time, more and more customers have indicated that, while they don't want to shop other than
downtown, they are having a difficult time finding parking spaces. She stated that her employees are
instructed not to park in the customer parking; and many of them now park between four and eight blocks
from work. She felt that education was more of an issue than parking until she found it was difficult to find
a parking space within two or three blocks of her store. She noted that the downtown and Bozeman are
beyond being rustic; now the downtown is historic and parking is essential to businesses succeeding. She
concluded by stating even her best customers won't walk four or five blocks in the winter; they will go
elsewhere.
Mr. Joe Frost, 1816 South Rouse Avenue, stated that for the past ten years, the downtown
community has been looking for a parking structure to relieve the perceived lack of parking. He noted that,
while he doesn't know about the rest of the proposal, he recognizes that the downtown could use a parking
structure.
Mr. Rick Radovich, 131 Bennett Drive, stated he owns property downtown with on-site parking. He
asked if that parking will be factored into any assessments for a special improvement district, expressing
concern that continuing to tax downtown businesses will soon result in no businesses remaining.
Mr. Christopher Spogis, 613 North Tracy Avenue, commended the Commission for its vision of
revitalizing downtown; however, he noted it is important to slow down and look at the various options as well
as consider impacts on neighborhoods. He expressed his hope that the Commission will ensure the
integrity of neighborhoods is maintained and that traffic doesn't negatively impact those neighborhoods.
Mr. Thomas Nygard stated he has been in business in downtown Bozeman for thirty years and,
during that time, has worked diligently to champion downtown as the place to live, work and play. He noted
that his clients often have to park blocks away or move their cars. As a result, he finds this proposal a
phenomenal one with obvious merit.
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Mr. Lowell Springer, architect, noted that, from working on the Cowdrey Tower project, he quickly
recognized the need to integrate a parking structure into a project, with assistance being needed to ensure
its viability. He recognized this is a very preliminary review and encouraged the Commission to weigh the
project on its own merits and make a decision based on cash flows and fiscal responsibility. He stressed
it is inappropriate to consider any other proposals at this time; rather, it is important that this project be
weighed on its own merits.
Mr. Jim Pepper, 1322 South Rouse Avenue, stated he is one of those who has worked with Mr.
Clotfelter over the past six months. He noted that city building is messy, even under the best circumstances
and will be "herky jerky". He stated that there has been more development on Bozeman's Main Street in
the last three years than there has been since 1936. He cautioned that the community is now maxing out
on the length of Main Street in terms of pedestrian vitality, so it is important to grow the commercial district
to the north and south. He encouraged the Commission not to do anything foolish, but to look at the impacts
and the costs of inaction.
Mr. Jalal Neishabouri, Rocky Mountain Rug Gallery, stated all of his customers complain about
parking. He noted that his staff is not allowed to park in the spaces needed for customers; and it takes
many of them 15 to 25 minutes to walk from their cars to work. He concluded by stating parking
infrastructure is needed to ensure businesses can continue to succeed in the downtown.
Mr. George Mattson, 47 Hitching Post Road, noted he has had an office in downtown Bozeman for
32 years. When a mall was being considered 28 years ago, a lot of concern was expressed about how that
might impact the downtown; and efforts to ensure its continued success included planting street trees.
Another suggestion was to move the Army Reserve out of the downtown since it didn't add to the pedestrian
mix; and the Human Resource Development Council now operates at that site. He noted the community
now has an opportunity to use the National Guard Armory in a positive manner. He stated that fifteen years
ago, he started a performing arts center group and spent eleven years drawing plan after plan for a project
that included a parking structure. He characterized The Arts at City Center as the best project he's seen,
and a parking structure is an important first step for that project. He encouraged the Commission to act
responsibly, taking a hard look at the project and moving it forward.
Mr. Richard Shanahan, former downtown business owner, quoted a major landowner in downtown
Great Falls, who indicated two years ago that "Bozeman cannot afford not to build a parking structure." He
acknowledged that it may be a perception that the downtown has a parking problem; but perception is
reality. He noted that under this proposal, the structure is to be funded in part through tax increment
financing and in part by those who benefit most from it. He encouraged the Commission to look at this
proposal carefully, noting that if the community gets nothing more than a parking structure out of this plan,
it will have gone forward.
Ms. Mary Bateson, 427 North Tracy Avenue, stated she feels this structure will have a big impact
on her neighborhood, but she realizes that Bozeman needs this type of development. She noted that North
Tracy Avenue is a narrow tree-lined street with parking on one side, and she does not want to see it
expanded, and asked that traffic impacts be carefully addressed.
Break - 9:00 to 9:15 p.m.
Mayor Kirchhoff declared a break from 9:00 p.m. to 9:15 p.m., in accordance with Commission
policy.
Public hearing (continued) - proposal for parkina structure on the parking lot located on the
southeast corner of the intersection of North Tracv Avenue and East Mendenhall Street. with City
assistance throuah a revenue bond supported by the tax increment financina district
City Manager Clark Johnson responded to several of the questions and concerns raised. He noted
there is no real clear process under State statutes for a public/private project, and this first public hearing
was designed to launch a community discussion on the issue. He assured the public that there will be
multiple opportunities for public hearings and formal processes for individual steps, including the issuance
of revenue bonds and a major site plan for the parking structure, which is to be a City facility.
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The City Manager suggested that traffic will be slow and congested after big events, similar to MSU
events; and mitigation of those impacts is addressed at major site plan review. He stated that issues to be
considered at that time include potential street improvements, signalization of intersections, or allowing the
streets to remain substandard for major events. He noted it is difficult to estimate, with any accuracy, the
revenues that will be generated by the parking structure. He then stated this project will be subject to impact
fees. He indicated this is the only project being considered at this time, noting that no other project has
been submitted where the property owners have agreed to have their property used for this purpose and
a financing proposal has been developed.
City Manager Johnson stated the $7.3 million cost estimate includes engineering costs and the
developer's estimate of the costs for completing the structure, but it doesn't contemplate the value of the
public property. As a result, one question to be addressed by the Commission is whether it wants to
consider using the City's property in this manner. He noted that a $250,000 contribution from tax increment
financing monies will cover a portion of the payments on revenue bonds, but the remaining $229,000 must
be covered from other sources. A special improvement district has been proposed to generate the monies
to cover that shortfall, with revenues from the parking structure being used to reduce the amount assessed
annually.
The City Manager turned his attention to the Armory, noting the City has not accepted a check from
the developer for that facility. He confirmed that the City has an $81,500 check from The Arts at City Center
in its possession, but he has not processed it because to do so might affect the public sale process.
Further, he noted that the City did not receive word until recently that the State would sell the property to
the City. The City does not currently own the property; and he indicated that its sale will be advertised with
the City making the decision publicly after the property has been acquired and bids have been received and
opened.
Responding to Commissioner Youngman, City Manager Johnson noted this project includes many
variables and many components that must fall into place, such as relocating a law firm, an automotive shop
and a building supply center, and moving of the Cat Eye Cafe building. He stated the parking garage
component can stand alone; however, all the other pieces are connected. He indicated that if a City Hall
is constructed, it must be bid out, and the parking garage must also be bid since it is to be a public facility.
Planning Director Andy Epple stated that, through a more formal review process, issues such as
safety concerns, pathways and lighting will be addressed. He noted that a lot of information is available in
his office that reflects parking structures can be constructed with good architectural detailing and character-
defining elements that reflect the environment. He confirmed that traffic impacts and effects on adjacent
neighborhoods will be addressed during the major site plan review process, with a detailed traffic analysis
being one of the required components of the application. He cautioned against designing the project for
"the Saturday before Christmas;" rather, it is important to have mitigation strategies in place when events
do occur, such as uniformed traffic control.
Responding to questions from Commissioner Youngman, Mr. Chris Pope stated that the Parking
Commission has looked at various options for parking downtown, including decentralized parking as well
as parking facilities at each end of the downtown area. He noted that the Tracy parking lot is the only City-
owned lot that will accommodate a ramp to increase the number of parking spaces and suggested this site
could accommodate as many as five levels. He stated the possibility of a downtown-supported special
improvement district is a very new idea that has not yet been explored with property owners. He recognized
the difficulties of marketing that idea given the existing economy, but he also recognized the need to
implement some type of funding mechanism that will cover revenue shortages during the first few years.
He acknowledged that every parking structure has two years of "very ugly negative cash flows" and urged
the City to look at this issue and the burden that will be placed on downtown property owners. He indicated
that the Parking Commission is willing to ensure the quality of the project and the mitigation of impacts are
at the center of the plan.
Responding to Commissioner Youngman, Mr. Bert Hopeman stated the urban renewal plan was
developed six or seven years ago, and the criteria for use of the tax increment financing funds included a
development that the community supports and would help the economic vitality of downtown, and that
encourages cultural development. He noted that additional parking will stimulate additional activity, and this
proposed garage would be quite centrally located. He stressed the importance of ensuring the garage is
safe and attractive, and that the lighting is appropriate. He stated it is important to ensure that the structure
blends with the downtown and noted that, given its location, it will not change the look of Main Street.
07-14-03
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Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Mayor Kirchhoff reviewed the various options for Commission action, including directing staff to bring
back resolutions for the issuance of revenue bonds and possibly creation of a special improvement district.
He then stressed that no specific project is being considered at this time and no commitments have been
made to date; this is simply the initial step in identifying a funding mechanism. He stated that, based on the
information and testimony provided, he cannot find any reason not to proceed.
Commissioner Hietala stated there are a few missing links that need to be addressed, including the
feasibility of operating such a facility and who will cover the shortfall between revenues and debt payments.
He suggested that a special improvement district may not be needed within a few years if the parking
structure can generate adequate revenues. He noted that the parking structure proposal was precipitated
by a performing arts center, and he feels additional information is needed to determine how the construction
of a parking garage at this time might mesh with a performing arts center in the future.
Commissioner Youngman agreed that additional information is needed before a garage is
constructed, including much more detailed financial data and a level of commitment to other pieces of the
project so that there will ultimately be a revenue stream for the garage. She asked Commissioner Hietala
if he is willing to take the first steps to consider this project; he responded that he's willing to do so.
Commissioner Cetraro characterized this as the first step to move forward, stressing it is important
for all parties to work together. He noted that key issues are ensuring this process does not weigh on the
backs of downtown business and that it eliminates liability for the taxpayers in the community. He then
indicated he's willing to consider a special improvement district and a revenue bond issue supported by tax
increment financing district monies.
Commissioner Brown noted the Commission had previously considered a proposal for a mixed
parking structure/retail/residential development on City property, as well as the Cowdrey Towers proposal.
He is impressed with the efforts of the various advisory boards and downtown organizations and thanked
them for the opportunity now before the Commission. He agreed that covering the debt payments for the
first few years will be tricky and possibly difficult, but noted there will be adequate professional and bond
counsel review to ensure financial feasibility. He noted this is an opportunity that needs to be considered,
stating it is an appropriate use of tax increment financing monies. He is willing to move the process to the
next step, recognizing there will be plenty opportunities for public input at every step. He supports a
revenue bond issue that is not backed by the City's general fund, but possibly supported by a special
improvement district. He recognized that this project will require the commitment of downtown business
people and, from the meetings he has attended, it appears there is such a commitment.
Commissioner Youngman recognized the public has not had the advantage of hearing the whole
proposal or aSking questions like the advisory boards and Commissioners have had. She noted that the
parking garage is not in isolation, but could be workable because of the larger proposal. She suggested
that it might be beneficial for Mr. Clotfelter to schedule a public meeting to present the proposal and respond
to questions from the public, which would give the community a chance to weigh in early in the process.
Responding to Mayor Kirchhoff, Mr. Clotfelter indicated he would be willing to do so.
Mayor Kirchhoff suggested that a portion of the mitigation fees paid by large scale retail
development could possibly be used to help make this a viable project. Commissioner Youngman
responded that the Community Affordable Housing Advisory Board has requested the lion's share of those
funds for its needs; and each Commissioner has identified other needs.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that staff be
authorized and directed to proceed with the preparation of a resolution of intent to create a special
improvement district and a resolution indicating the City's intent to sell revenue bonds to be supported, in
part, by $250,000 annually from the Tax Increment Financing District and revenues from the parking garage,
and bring back those resolutions for possible adoption and setting of public hearings. 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.
07-14-03
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Appointments to various boards and commissions: (a) Beautification Advisory Board. (b) Bozeman
Area Bicvcle Advisorv Board. (c) Cemetery Board. (d) Community Affordable Housing Advisorv
Board. (e) Community Development Block Grant Economic Development Loan Review Committee.
(f) Desian Review Board. (g) Downtown Bozeman Improvement District Board lIDB)' (h) Downtown
Business Improvement District Board (BID). (i) Historic Preservation Advisory Board. (j) Librarv
Board of Trustees. (k) Parkina Commission. en PedestrianlTraffic Safety Committee. (m) Recreation
and Parks Advisory Board. and (n) Tree Advisory Board
It was moved by Commissioner Brown, seconded by Commissioner Youngman, that Micheline
Bisaillon be reappointed to the Beautification Advisory Board, with a three-year term to expire on June 30,
2006. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown,
Commissioner Youngman, Commissioner Hietala, Commissioner Cetraro and Mayor Kirchhoff; those voting
No, none.
It was moved by Commissioner Youngman, seconded by Commissioner Brown, that Jon Henderson
be appointed to replace David Koltz and that Cheryl Kline and Tiffany Lach be appointed as new members
to the Bozeman Area Bicycle Advisory Board, all with terms to expire on December 31,2003. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner
Brown, Commissioner Cetraro, Commissioner Hietala and Mayor Kirchhoff; those voting No, none.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that Lynn Flansaas
be appointed to replace Marypat Zitzer on the Cemetery Board, with a term to expi re on Decem ber 31 , 2005.
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.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the following
appointments be made to the Community Affordable Housing Advisory Board: Susan Gallaher be
reappointed as the real estate finance representative and that Vern Klingensmith be reappointed as the
member of the public who has a demonstrated interest in special needs housing, with three-year terms to
expire on June 30, 2006; that Joan L. Ford be appointed to replace Joan Davies as a member of an
organization providing services to low- and moderate-income persons, with a term to expire on June 30,
2004; that Carol Townsend be appointed to replace Michelle Weber Ratliff as a member of the pUblic
certifying that he or she currently resides in housing designated as low or moderate income housing, with
a term to expire on June 30, 2005; and that Vicki DeBoer be appointed to replace Dab Dabney as the
member of an organization which supports the availability of low- and moderate-income housing in the
community, with a term to expire on June 30, 2004. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor
Kirchhoff; those voting No being Commissioner Cetraro.
It was moved by Commissioner Brown, seconded by Commissioner Youngman, that Gary Sisson
be reappointed as the representative of a local commercial lending organization and that Larry Mikkola be
appointed to replace Steve Millikan as a principal owner/partner of a business which has previously received
an economic development loan, on the Community Development Block Grant Economic Development Loan
Review Committee, with two-year terms to expire on June 30, 2005. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman, Commissioner
Hietala, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none.
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that Joseph
Thomas be appointed to replace James Raznoff as an architect member on the Design Review Board, with
a two-year term to expire on June 30, 2005. 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.
Mayor Kirchhoff yielded the gavel to Mayor Pro Tempore Cetraro and made the following motion:
It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the Commission concur
in the Mayor's reappointments of Barbara Bear as a voting member and Robert Lashaway and Thomas A.
Nygard as non-voting members on the Downtown Bozeman Improvement District Board (lOB), all with four-
year terms to expire on June 30,2007. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Youngman, Commissioner Hietala
07-14-03
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and Mayor Pro Tempore Cetraro; those voting No, none. Mayor Pro Tempore Cetraro returned the gavel
to Mayor Kirchhoff.
It was moved by Commissioner Brown, seconded by Commissioner Youngman, ~hat Sarah Young
be reappointed to the Downtown Business Improvement District Board, with a four-year term to expire on
June 30, 2007. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Brown, Commissioner Youngman, Commissioner Hietala, Commissioner Cetraro and Mayor Kirchhoff;
those voting No, none.
It was moved by Commissioner Brown, seconded by Commissioner Youngman, that the following
appointments be made to the Historic Preservation Advisory Board: that Mara Gai Katz be reappointed as
a professional member; that Jeff Rupp be reappointed as an at-large member; that Richard M. Shanahan
be reappointed as the Main Street representative; that Melissa Summerfield, James G. Webster and Dean
Williamson be reappointed as neighborhood representatives; and that Todd Larkin be appointed to replace
Joanne Mannell Noel and Warren Bauder be appointed to replace Stephen J. Tanner as at-large members,
all with two-year terms to expire on June 30, 2005. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Brown, Commissioner Youngman, Commissioner Hietala,
Commissioner Cetraro and Mayor Kirchhoff; those voting No, none.
It was moved by Commissioner Brown, seconded by Commissioner Youngman, that Alan S.
Kesselheim be reappointed to the Library Board of Trustees, with a five-year term to expire on June 30,
2008. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown,
Commissioner Youngman, Commissioner Hietala, Commissioner Cetraro and Mayor Kirchhoff; those voting
No, none.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that Pamela R. Bryan
be reappointed to the Parking Commission with a four-year term to expire on June 30,2007. 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.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that Cynthia N. Evans
be appointed to replace Jodi Carson on the Pedestrian/Traffic Safety Committee, with an initial term to
expire on December 31,2004. 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.
It was moved by Commissioner Youngman, seconded by Commissioner Brown, that Anne Foster,
Frank F. Munshower and Chris Nixon be reappointed to the Tree Advisory Board, with two-year terms to
expire on June 30, 2005. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Youngman, Commissioner Brown, Commissioner Cetraro, Commissioner Hietala and Mayor
Kirchhoff; those voting No, none.
Since no applications had been received for student representatives on the Recreation and Parks
Advisory Board, action on the filling of those positions was delayed.
Public comment
No one provided any comment under this agenda item.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1 ) Letter to the Commission from the Senior Citizens Advisory Board expressing support for
the proposed break in fees for water/sewer/garbage for low-income senior citizens.
(2) Memo from the Montana League of Cities and Towns, dated July 8, announcing the District
10 meeting scheduled for 1 :30 p.m. on Thursday, July 17, at City Hall.
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Commissioner Youngman asked which Commissioners plan to attend the meeting; Mayor Kirchhoff
and Commissioner Brown indicated their intent to attend.
(3) Memo from the National League of Cities, dated June 30, announcing the August 8 deadline
for submittal of resolutions and policy amendments to be considered at the annual conference.
(4) List of planning projects to be considered at upcoming Commission meetings, dated July
10, 2003.
(5) Agenda for the School District No.7 Board of Trustees meeting to be held at 7:00 p.m. on
Monday, July 14, at the Willson School.
(6) Agenda for the Gallatin County Commission meeting to be held at 9:00 a.m. on Tuesday,
July 15, in the Commission Room.
(7) Agenda and revised agenda for the Development Review Committee meeting to be held at
10:00 a.m. on Tuesday, July 15, at the Professional Building.
(8) Agenda and revised agenda for the joint meeting of the Planning Board and Zoning
Commission meeting to be held at 7:00 p.m. on Tuesday, July 15, in the Commission Room.
(9) Minutes from the Community Affordable Housing Advisory Board meetings held on May 28,
June 5 and June 26, 2003.
(10) City Manager Johnson announced that he will be observing an arbitration hearing in Helena
tomorrow.
(11 ) Planning Director Epple submitted the following. (1) Announced that the Planning Board will
conduct an informal review of the proposed transfer station site at tomorrow night's meeting. (2) Noted that
the Planning Office was under the assumption that demolition of the depot would be part of the site plan
review process for the new Library; however, it is actually part of the current contract for remediation of the
site. As a result, the public hearing on demolition of the depot has been scheduled for August 4. (3)
Announced that Associate Planner Jody Sanford took and passed the examination for admission into the
AICP, the top national certification for planners.
(12) City Attorney Luwe submitted the following. (1) Stated that he has prepared a memo
regarding the smoking lawsuit, but it was not included in the packet since that item was removed from the
agenda. (2) Announced that Staff Attorney Day-Moore's mother passed away last week, so she will be out
of the office all week.
(13) Commissioner Hietala stated he received a phone call from Gary Tschache after he received
a parking ticket for parking in a yellow striped area at his home on South Black Avenue. He suggested that
a minimum amount of yellow striping be done, thus allowing additional on-street parking.
(14) Mayor Kirchhoff noted he received a letter from Terry Murphy, Caldwell, about a ticket
received while parked in downtown Bozeman because of a discrepancy between striping and signage.
(15) Mayor Kirchhoff announced that he and Mr. Clotfelter will be guests on NPR radio at 6:30
p.m. on Wednesday, to discuss The Arts at City Center project.
(16) Commissioner Brown announced that he attended the meeting on the shelter care facility
on Thursday, and another meeting has been scheduled for next week. He expressed concern that the
house has been placed on the market.
(17) Commissioner Youngman announced that the Community Affordable Housing Advisory
Board (CAHAB) is preparing its recommendations on an affordable housing policy for Commission
consideration in a couple of weeks. She stated the recommendations will be dramatically different from
those submitted by the consultant, due in large part to the influences of private industry, with most of those
recommendations being moderate, soft, friendly and voluntary. She encouraged the Commissioners to take
a close look at the proposed funding for the program, which is largely a burden on the taxpayers with almost
nothing being required of the building industry.
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(18) Mayor Kirchhoff submitted the following. (1) Stated that during his recent trip to Denver, he
saw a beautiful parking structure. (2) Announced that he received a thank you letter from Accessible Space,
the developer of two affordable housing projects on West Oak Street. (3) Announced that the 100th
Centennial celebration for the Roosevelt Arch at Gardiner is scheduled for the morning of Monday, August
25.
(19) Mayor Kirchhoff noted that the Sweet Pea parade will be held on August 2, and asked if the
Commissioners are still interested in participating on a float. The Commissioners discussed possible
options, including a fire truck and a float. As a result of the discussion, the Mayor indicated that he will work
with Director of Public Service Debbie Arkell on this issue.
Adjournment - 10:50 D.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.
SIE~K~
ATTEST:
~J~
ROBIN L. SULLIVAN
Clerk of the Commission
07-14-03
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