HomeMy WebLinkAbout2003-01-27 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN,MONTANA
January 27, 2003
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The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, January 27,2003, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner
Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, 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. Commissioner Andrew Cetraro was absent.
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.
Authorize absence of Commissioner Cetraro from this meetina
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission
authorize Commissioner Cetraro's absence from this meeting. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Youngman
and Mayor Kirchhoff; those voting No, none.
Minutes - January 18. 2000. November 22. 2002 and January 13 and January 21. 2003
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes
of the meeting of January 13,2003, be approved as submitted. 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, none.
Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and November
22, 2002, and January 21, 2003, to a later date.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Ordinance No. 1585 - establish initial municiDal zonina desianation of "B-1" on 2.333
acres described as Lot 3A. Block 4. Walker ProDerty Subdivision: finally adoDt
ORDINANCE NO. 1585
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL
MUNICIPAL ZONING DESIGNATION OF "B-1" (NEIGHBORHOOD SERVICE DISTRICT)
ON LOT 3A, BLOCK 4, WALKER PROPERTY SUBDIVISION, 2.33 ACRES LOCATED
IN THE SE% OF SECTION 26, T1S, R5E, PMM, GALLATIN COUNTY, MONTANA.
Commission Resolution No. 3573 - authorize City Manaaer to sian Chanae Order No.
1 for Lyman Creek Reservoir Rehabilitation Proiect - Edsall Construction
COmDany. Bozeman. Montana - add $46.692.69 and 0 calendar days
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COMMISSION RESOLUTION NO. 3573
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
APPROVING Al TERATION/MODIFICA TION OF CONTRACT WITH
EDSAll
CONSTRUCTION COMPANY, BOZEMAN, MONTANA.
Commission Resolution No. 3574 ~ relatinC,J to $1.685.000 General Obliaation Bonds.
Series 2003A (librarv bonds): authorizina execution and delivery and levvina
taxes for the payment thereof
COMMISSION RESOLUTION NO. 3574
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
RELATING TO $1,685,000 GENERAL OBLIGATION BONDS, SERIES 2003Aj
DETERMINING THE FORM AND DETAilS, AUTHORIZING THE EXECUTION AND
DELIVERY AND lEVYING TAXES FOR THE PAYMENT THEREOF.
Commission Resolution No. 3575 ~ relatina to $3.480.000 General Obliaation
Refunding Bonds. Series 2003B (transoortation bonds): authorizing execution
and deliverv and levyina taxes for the payment thereof
COMMISSION RESOLUTION NO. 3575
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
RELATING TO $3,480,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES
2003Bj DETERMINING THE FORM AND DETAilS, AUTHORIZING THE EXECUTION
AND DELIVERY AND lEVYING TAXES FOR THE PAYMENT THEREOF.
Authorize Mayor to sian ~ notice of change in oersonnel for CTEP Coordinator for the
City of Bozeman
Authorize City Manaaer to sian ~ Amendment No. 3 to Professional Services
Agreement ~ lyman Creek Reservoir Imorovement Proiect ~ HKM Engineering.
Inc.
Claims
It was moved by Commissioner Brown, seconded by Commissioner Youngman, that the
Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to
complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Brown, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those
voting No, none.
Exit Conference ~ Audit for Fiscal Year 2001 ~2002 ~ Merrilee Felchle of Junkermier. Clark. Camoanella
and Stevens. PC
Included in the Commissioners' packets was a copy of the Comprehensive Annual Financial Report
(CAFR) for Fiscal Year 2001~2002.
Ms. Merrilee Felchle, senior audit manager, thanked the Finance Department employees, particularly
Administrative Services Director Miral Gamradt and Controller Brian LaMeres, for their work on the report.
She drew the Commission's attention to the Certificate of Achievement for Excellence in Financial Reporting
for the Comprehensive Annual Financial Report for the Fiscal Year ending June 30,2001, noting it was the
eighteenth year to receive the award. She then turned to the auditor's report, stating they found the City's
financials to be free of material misstatement and completed in accordance with generally accepted
accounting practices. She indicated that this year's audit opinion is clean and unqualified.
Ms. Felchle noted that the financial statements in this year's Comprehensive Annual Financial
Report are significantly different from past years because the City chose to implement the new reporting
requirements under GASB34 a year earlier than required. She compared the old reporting model to
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reconciling one's checkbook, and noted that the information simply provided a look at the cash flow. The
new reporting model requires accounting for long-term debt and the depreciation of capital assets. Under
this new system, the total net assets is a very important number since it identifies the overall economic
health of the City.
Ms. Felchle concluded by stating that Kalispell is the only other city in Montana attempting to make
the conversion this year.
Responding to Commissioner Hietala, Ms. Felchle stated that the valuing of infrastructure is in
Phase II for implementing the GASB34 requirements. She noted that process must be completed within
four years, but the City staff is attempting to implement this phase in Fiscal Year 2003. She acknowledged
that this step will significantly change the net assets in the financial statements.
Mayor Kirchhoff commended Administrative Services Director Gamradt and thanked Ms. Merrilee
Felchle for her presentation of the audit report.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the
Commission accept the audit report for Fiscal Year 2001-2002 as prepared by Junkermier, Clark,
Campanella and Stevens, PC. 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, none.
Presentation of mid~vear budaet reDort ~ Administrative Services Director Miral Gamradt
Included in the Commissioners' packets was a memo from Administrative Services Director
Gamradt, dated January 23, 2003.
Administrative Services Director Miral Gamradt reviewed his memo, noting the information is the
result of his mid-year budget review for Fiscal Year 2002-2003. He stated personnel costs are very stable
and can be predicted within two percent. He indicated that, through prudent budgeting, revenue estimates
for the General Fund were conservative; municipal court fines and parking fines are higher than projected
for the first half of the year, and interest income is down. He indicated that a $400,000 payment from Home
Depot is now in escrow. He then turned his attention to the enterprise funds, noting that they are very
capital intense operations; and estimates of those costs can be off significantly. He cited the Lyman Creek
reservoir project as an example, stating that it will cost nearly $1 million more than projected but, since a
major water renovation project has been delayed until next year, there will be adequate monies to cover the
unanticipated costs.
The Administrative Services Director stated that the trend of the fund is the best indicator of the
health of the General Fund, and the working capital is the best indicator of the health of the enterprise funds.
He stressed that, under the City's philosophy for funding capital items, the working capital in an enterprise
fund may grow over a few years, only to depleted in a single year due to a large capital outlay.
Responding to questions from Commissioner Hietala, the Administrative Services Director stated
there is a potential for a reduction in the wastewater rates in the future. He noted that there have been
significant surcharges in that fund, first to pay for the Bozeman Solvent Site and then to generate local
matching funds for the EPA grant.
Further responding to Commissioner Hietala, the Administrative Services Director acknowledged
that the City is taking in more revenues than it is expending. He cautioned, however, that a majority of the
difference is due to the collection of impact fees that are not being spent because of the lawsuit, the
generation of local match monies for the EPA grant that will be expended within the next few years, and the
setting aside of monies to construct a transfer station.
The Commissioners thanked the Administrative Services Director for a clear and understandable
review of the budget for this fiscal year.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that staff be directed
to schedule a public hearing on the budget amendments that have been identified. The motion carried by
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the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown,
Commissioner Youngman and Mayor Kirchhoff; those voting No, none.
Reauest for $1.692.26 in fundinc:.J for Clean UD Bozeman Dav (ADril26) from City Commission budaet
- Bozeman Beautification Advisorv Board
Included in the Commissioners' packets was a memo from Historic Preservation Planner Hillary
Hertler, dated January 17, forwarding the request from the Bozeman Beautification Advisory Board for
$1,692.26 in funding for Clean Up Bozeman Day.
Historic Preservation Planner Hertler stated the Beautification Advisory Board is requesting slightly
over $1,100 to purchase a banner to hang over Main Street, and that banner has a projected life of five
years. The remaining monies are to cover the cost of two advertisements in the newspaper.
Mayor Kirchhoff noted that Rick Weaver, publisher of the Bozeman Daily Chronicle, has suggested
the paper may be willing to assume the cost of the advertisements, which would reduce the amount needed.
He then stated that, as liaison to this Board, he has seen how hard the members work and how successful
Clean Up Bozeman Day has been. One stumbling block to increased success is the inability to attract
attention to the event, and the Board members felt that a banner across Main Street could be beneficial.
He indicated that a review of the Commission's budget has revealed $1,000 budgeted for board requests
and $1,000 budgeted for neighborhood projects; and he feels monies could be appropriately expended from
those sources to fund this request.
It was moved by Commissioner Brown, seconded by Commissioner Youngman, that the
Commission authorize the expenditure of up to $1,692.26 from the City Commission's budget unit to cover
the requests from the Bozeman Beautification Advisory Board for Clean Up Bozeman Day. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner
Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none.
Reauest for modification of conditions of aDDroval for Westfield South Subdivision. Phase IIIB-
allow sidewalks to be constructed within three years after filina of final Dlat Der chanaes in
Subdivision Reaulations
Included in the Commissioners' packets was a memo from Assistant Planner Karin Caroline, dated
January 14, forwarding the applicant's request for modification of conditions for Westfield South Subdivision,
Phase III.
Assistant Planner Karin Caroline reminded the Commissioners that the preliminary plat for Westfield
South, Phase III, as requested by Clair Daines for Carter Williams, et a/., under Application No. P-0022,
allowed subdivision of 24.22 acres described as part of Tract 1 and all of Tract 2, Certificate of Survey No.
1700, into 59 residential lots and 4 lots of open space. She stated that the developer now wishes to
complete the final plat for Phase I liB. Since the time of preliminary plat approval, the subdivision regulations
have been revised to allow the installation of sidewalks prior to occupancy or upon the third anniversary of
the filing of the final plat; and the applicant is requesting that three of the conditions for approval of the plat
be revised to reflect those new regulations. She indicated that staff has reviewed this request and
recommends approval.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the
Commission approve the request for modifications to Condition Nos. 8, 19 and 20 for approval of the
preliminary plat for Westfield South IIIB, to be revised to read as follows:
8. The plans and specifications for the project infrastructure must be adequately
dimensioned and clearly indicate the extent of all improvements proposed. All
infrastructure improvements required ofthe development, including water and sewer
main extensions, public streets, sidevv81ks and related storm drainage infrastructure
improvements, shall be constructed or financially guaranteed prior to final plat
approval. No building permits will be issued prior to completion and City of
Bozeman acceptance of said infrastructure improvements.
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19. All infrastructure improvements including: water and sewer main extensions, and
public streets, curb/gutter, sidevv~lks, and related storm drainage infrastructure
improvements, shall be constructed or financially guaranteed prior to final plat
approval.
20. City st~nd~rd residentiBI sidevv~lks shBII be com~tructed on BII public street frontBges
Bt the til'lle street improvements ~re inst~lIed unless 8 v~riBnce is gr~nted by the City
Commission to defer the construction of the sidevv~lks until the houses Bre
constructed on the lots. If B vBriBnce is reCjuested, st~ff recommends that, ~t B
minin,um, the sidewelks fronting 811 open or con,mon spBce, all ADA fBcilities ~nd
the sidew81k 8dj8cent to Wagon Wheell108d be constructed 8t the time of other
required il1frastructure improvenT,ents.
City standard sidewalks (including a concrete sidewalk section through all
private drive approaches) shall be constructed on all public and private street
frontages prior to occupancy of any structure on individual lots. Upon the
third anniversary of the plat recordation of any phase of the subdivision, any
lot owner who has not constructed said sidewalk shall, without further notice,
construct within thirty days, said sidewalk for their lot(s), regardless of
whether other improvements have been made upon the lot.
An Improvements Agreement shall be entered into with the City of Bozeman
guaranteeing the completion of all sidewalks within the subdivision within a
three-year period. The developer shall supply the City of Bozeman with an
acceptable method of security equal to 150 percent of these remaining
sidewalk improvements.
The subdivider shall install sidewalks adjacent to pUblic lands including, but
not limited to, parks, open space, and the intersection of alleys and streets or
street easements. Sidewalks in these areas shall be installed prior to final plat
approval, or shall be subject to an approved Improvements Agreement and
financially guaranteed.
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, none.
Reauest for Commission direction re Opera House Park CTEP proiect plans
Included in the Commissioners' packets was a memo from Assistant Planner Karin Caroline, dated
January 14, seeking direction on the Opera House Park CTEP project plans.
Planning Director Andy Epple introduced Sara Folger, Grants Administrator, who will be assuming
responsibility for this project.
Assistant Planner Karin Caroline gave an overview of her memos dated January 14, 2003, and July
22, 2002. She reminded the Commissioners that the proposed project is for the pocket park kitty corner
from City Hall, where the old City Hall/Opera House was located. She noted that $115,000 in CTEP monies
was originally designated for this project; however, it was determined additional monies were needed to
make this a viable project, thus the Commission approved the addition of $90,000 in CTEP funds, bringing
the total to $205,000.
The Assistant Planner noted that the historic stones from the facade of the original City Hall building
have been stored at the City's lower yards for the past thirty years, and the desire to reconstruct those
stones into a freestanding monumental arch has arisen a number of times in recent years. She stated that
bids for improvements to the park, including nice landscaping and reconstruction of the arch, were opened
last summer; and the single bid came in significantly higher than the amount budgeted.
Assistant Planner Caroline indicated she is now seeking direction on how to proceed with
improvements to the park and what should be done with the stones for the arch. She suggested
alternatives, including developing a nice park; allowing the new library site to utilize the historic stones to
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form a monument or arch in the central courtyard; constructing the arch on the park site with nominal park
landscaping as monies allow; or requiring any future development on the park site to incorporate the historic
stones into the main entrance. She noted the Historic Preservation Advisory Board has indicated that it
does not support the historic stonework being relocated, and both that Board and the Downtown Bozeman
Improvement District Board have indicated strong support for retaining the historic stonework for future use
on the site if the arch is not reconstructed in conjunction with park improvements.
The Assistant Planner stated the park is currently under used and, through installation of nice
landscaping and other amenities, it could become a focal point for the downtown area and various
community activities.
Responding to questions from Mayor Kirchhoff, the Assistant Planner stated that construction of a
freestanding arch will require extensive rebar and other structural work to make the historic stonework
stable.
Mayor Kirchhoff noted that architect Rob Pertzborn has suggested that, instead of setting the arch
in the center of the park, it be reconstructed at the edge of the sidewalk, where it could be incorporated into
the front of a new structure. He then noted Mr. Pertzborn also proposed that the tower be included in the
reconstruction project.
Assistant Planner Caroline noted that locating the arch at the sidewalk was previously considered,
but it was determined that would not draw people into the park. She then indicated that conversations with
various boards have resulted in general support for enhancement of the park without the reconstruction of
the arch.
Responding to Mayor Kirchhoff, the Assistant Planner stated the City has a year to use the monies
or request another extension, after whichthe funds will revert to the Montana Department of Transportation.
She indicated that if the project is not constructed, the earmarked monies could be reassigned to a variety
of other projects that have been approved by the Montana Department of Transportation.
Mayor Kirchhoff noted that constructing the arch in the middle of the park would greatly reduce the
assembly area, and locating it close to the sidewalk would open the park area for better use. He then
voiced his support for making reconstruction of the arch a priority for this park, with landscaping being
secondary.
Commissioner Brown stated he cannot support the concept of reconstructing the arch at this time,
particularly in light of the costs involved. He noted that the arch would dominate the site, especially with the
superstructure that would be needed to support it.
Commissioner Youngman voiced her reservations about reconstructing the arch because of the
structural difficulties; and adding a tower on top of it would raise additional safety concerns. However, she
also does not want to lose the arch; and she is concerned that if it is not reconstructed as part of the park
improvement project, the stones will simply sit for another thirty years. She then suggested that further
consideration of this item be delayed until the Commission can get additional input from its various advisory
bodies.
Mayor Kirchhoff voiced interest in the idea of having wading pools around a central water fountain.
Responding to Commissioner Hietala, the Assistant Planner stated the local match for CTEP
projects is 14 percent, or slightly over $28,000 for this project.
Commissioner Brown stated that, while he likes the idea of reconstructing the arch, this site is too
small.
Commissioner Hietala characterized Soroptimist Park as being a work in process for a number of
years. He then indicated that this project should move forward, noting there would probably be monies left
after reconstruction of the arch to begin landscaping improvements.
Mayor Kirchhoff noted that, based on the Commission discussion, a majority of the Commissioners
are requesting that staff submit the proposal to reconstruct the arch to the Historic Preservation Advisory
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Board and the Downtown Bozeman Improvement District Board one more time, with these Boards' input
being forwarded to the Commission for further consideration.
Break - 4:30 to 4:40 D.m.
Mayor Kirchhoff declared a break from 4:30 p.m. to 4:40 p.m., in accordance with Commission
policy.
Informal review - rezonina of Lots 4 and 5. 5Drina Creek Villaae Resort Subdivision. from "BP" to
"B-2" (north of Huffine Lane and west of Ferauson Avenue) - Delanev & ComDanv. Inc. (I-03001)
Included in the Commissioners' packets were the staff report and application for informal review
submitted by Delaney & Company, Inc., for rezoning of Lots 4 and 5, Spring Creek Village Resort
Subdivision, from "BP," Business Park, to "B-2," Community Business. The subject property is located
along the north side of US Highway 191/Huffine Lane, between Ferguson Avenue and Cottonwood Road.
Assistant Planner Karin Caroline provided a brief overview of the area and surrounding land uses.
She stated the requested rezoning involves approximately 50 acres described as Lots 4 and 5 of Spring
Creek Village Resort Subdivision. These lots are located between Huffine Lane and Fallon Street, with
Resort Drive separating the two lots. To the east is the Valley Commons PUD Subdivision, which has been
developed for commercial use; to the north is the Ridge Athletic Club; and the undeveloped land to the north
and the west are a combination of "R-O," "BP" and "B-1" zoning designations. The subject property is
currently zoned "BP," Business Park, and the applicant is proposing rezoning to "B-2," Community Business.
She indicated that the Bozeman 2020 Community Plan designates this property for business park
development, so the proposed rezoning would also trigger a master plan amendment.
The Assistant Planner stated that staff has reviewed this application and has provided responses
to the various criteria for evaluating zone map amendments in the written staff report. She noted that the
City Planning Board and the Zoning Commission considered this application at their meeting last
Wednesday evening, and the preliminary minutes from that meeting were included in the packets. She
stated they identified a number of concerns with the proposal, including the amount of community
commercial land in the community and the type of development that could occur if the land were rezoned
but not developed as proposed.
Mr. Michael Delaney noted that a copy of the current aerial photo was included in the
Commissioners' packets and distributed copies of the aerial photo taken in 1990 to show the amount of
development that has occurred over the past twelve years. He also distributed a letter from the Montana
Department of Transportation regarding this property.
Mr. Delaney gave a history of the zoning on this property, noting that in 1983, the City Commission
designated it as "BP" in an effort to attract high tech development. Since then, "BP" has become the most
restrictive of all zoning designations and, as a result, it has taken a long time to develop properties with that
designation.
Mr. Delaney stated that he has come to the conclusion that this is the ideal site for resort status.
Under that designation, a full liquor license can be obtained for $25,000 and, unless licensing laws change,
it will be the only resort area in any city in Montana. He suggested that a tourist-related hotel, in conjunction
with the existing athletic club and as part of a pedestrian-friendly village, would be a good addition to this
western gateway to the city. He noted that a development which attracts tourists could be good for the
community; and the downtown could benefit since tourists tend to shop in small, local, unique stores rather
than in big box stores.
Mr. Delaney stated he envisions an upscale motel that will sleep at least 50 people and a restaurant!
bar to seat 120 people. After those are completed, he anticipates small shops, offices and other commercial
development. He suggested that this type of development could benefit the significant amount of residential
development occurring to the north of this subject property because it could provide services for those
residents without the need to cross a major arterial roadway.
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Responding to questions from Mayor Kirchhoff, Planning Director Epple acknowledged that the
Planning staff did not support the proposal, but the City Planning Board did. He stated that, following two
hours of discussion, the Planning Board felt there wasn't much difference between "BP" development and
a well-planned development under a "B-2" zoning designation. He noted that the Board members also
recognized the community commercial property in Baxter Meadows and near the hospital will probably not
be developed for quite some time; and this broad neighborhood could benefit from the type of development
being proposed. He then stressed that the key question is whether the Commission is willing to consider
a change in the Bozeman 2020 Community Plan to support the "B-2" zoning designation.
Responding to Mayor Kirchhoff, Planning Director Epple acknowledged that staff is struggling with
the appropriateness of the requested rezoning, but he recognized the benefits of reducing crosstown traffic
by allowing commercial uses in this area.
Mayor Kirchhoff noted that the Bozeman 2020 Community Plan tries to retain vitality and energy in
the community, rather than hemorrhaging on the edges of the community. He questioned whether this
proposal meets that premise, or if it promotes bleeding from historic places to the fringes.
Planning Director Epple noted the subject property is located within city limits, and he views true
hemorrhaging as development occurring outside city limits. He then noted that staff has not previously dealt
with a resort classification.
Responding to Commissioner Brown, the Planning Director stated that during public input on the
Bozeman 2020 Community Plan, there was some discussion about zoning this property to "B-2;" but the
Planning Board recommended leaving it as "BP" and the Commission ultimately endorsed that
recommendation.
Responding to Commissioner Youngman, Planning Director Epple noted that the Bozeman 2020
Community Plan identifies this area for office uses and tech oriented businesses; however, he noted that
commercial development of an accessory or local character could be considered.
Mr. Delaney stated that, during development of the Bozeman 2020 Community Plan, he and his wife
indicated the subject property should be zoned "B-2" but chose not to push the issue. He noted that he was
under the impression that any type of development could be proposed through the planned unit
development process but found that impression was incorrect once the plan was adopted. He stated that
they now have a general plan for developing this property and, as a result, are seeking a zone change. He
noted that this property will be developed through a planned unit development, which helps to ensure quality
and integrity.
Responding to questions from Commissioner Youngman, Mr. Delaney stated that Lot 4 contains
approximately 20 acres west of Resort Drive; and he envisions it being developed as an extension of the
resort village, with more local retail development than tourist type businesses.
Commissioner Youngman recognized the benefits of having commercial property on the north side
of Huffine Lane, although she also acknowledged the down sides of rezoning the property.
Commissioner Hietala voiced his support for the proposed rezoning.
Commissioner Brown stated that, while he sees merit in the proposal, he cannot justify changing
the Bozeman 2020 Community Plan to accommodate it.
Mayor Kirchhoff stated that he cannot support the proposal, voicing concern that it could erode the
center of the community rather than enhancing it.
Commissioner Youngman suggested that the Commission delay further consideration of this item
for a week, until a full Commission is present.
Ms. Ileana Indreland, applicant, stated they respect the Bozeman 2020 Community Plan and support
the idea of good planning. She noted, however, that if they had realized the planned unit development
process would not allow them to complete this type of project, they would have been more vocal during the
development of that plan.
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Mayor Kirchhoff requested this item be placed on next week's agenda for further discussion.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1) Memo from Associate Planner Chris Saunders, dated January 22, forwarding information
from meetings with representatives of the telecommunications industry and seeking Commission direction.
(2) Agenda for the Bozeman School District NO.7 Board of Trustees meeting to be held at 7:00
p.m. today at the Willson School.
(3) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, January
28, in the Commission Room.
(4) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, January 28, at the Professional Building.
(5) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, January
28, at the Professional Building.
(6) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Tuesday, January
28, in the Commission Room, along with minutes from the meeting held on January 14, 2003.
(7) City Manager Clark Johnson gave a brief legislative update, noting that bills upcoming in the
House Local Government Committee tomorrow include a bill on wildlife in cities, a bill on smoking
ordinances, two bills on reclassification of municipalities, and a bill on annexation of properties currently
within fire districts.
(8) Planning Director Epple indicated he is dealing with personnel issues, including the training
of the new Grants Administrator and filling of the Assistant Planner position being vacated by Karin Caroline.
(9) Commissioner Hietala submitted the following. (1) Stated a conversation with County
Commissioner John Vincent last week revealed the City will not receive a letter to join the refuse district;
rather, the County will give Manhattan and Three Forks a chance to opt out if they wish. (2) Stated he spoke
with Representative Cindy Younkin about a rider on the parks bill to remove unimproved, unsubdivided land
from the calculation for payment of cash-in-lieu of parkland dedication.
(10) Commissioner Brown submitted the following. (1) Stated he received a phone call voicing
concerns about the rising cost of insurance, particularly in light of City requirements for signs in the public
right-of-way. (2) Indicated that he has heard the hanging flower baskets along Main Street do not meet the
required 7 -foot clearance and suggested that the wires on the baskets could be shortened rather than
requiring the brackets on the poles to be raised.
(11 ) Mayor Kirchhoff suggested that the City prepare draft pro forma contracts for operation of
the solid waste district and maintenance of the 100-acre regional park in an effort to get the County
Commission to move forward on some of these issues. He noted that approaching this from an
administrative standpoint rather than through the legislative bodies may help to move the process along.
He stated that he is also interested in pursuing an interlocal agreement for planning issues.
Recess - 6:10 p.m.
Mayor Kirchhoff recessed the meeting at 6:10 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.
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Public hearina - Conditional Use Permit - allow construction of 13.408-sauare-foot church facilitv on
Lot 1. Minor Subdivision No. 253 - Christ the Kina Lutheran Church (northeast corner of Durston
Road and Flanders Mill Road) (Z-02248)
This was the time and place set for the public hearing on the Conditional Use Permit, requested by
Christ the King Lutheran Church under Application No. 2-02248, to allow the construction of a 13,408-
square-foot church facility on Lot 1, Minor Subdivision No. 253. The subject property is located at the
northeast corner of the intersection of Durston Road and Flanders Mill Road.
Included in the Commissioners' packets was a letter from Christ the King Lutheran Church
requesting that this public hearing be continued to February 10 to give them time to respond to comments
from the Development Review Committee.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the public hearing
be continued to February 10, per the applicant's request. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Youngman and
Mayor Kirchhoff; those voting No, none.
Public hearina - Maior Site Plan with Certificate of ADDroDriateness - allow renovation of existing
15.600t-sauare-foot structure on Lots 3. 4. 11 and 12. Gordon Mandeville State School Section
Subdivision. for corDorate offices and erect three new areenhouses - Murdoch Familv Limited
PartnershiD for John Dorn. Mark Douglas Dorn. and Lisa Ann Dorn (2311 North 7th Avenue)
(Z-02252)
This was the time and place set for the public hearing on the Major Site Plan with Certificate of
Appropriateness requested by the Murdoch Family Limited Partnership for John Dorn, Mark Douglas Dorn,
and Lisa Ann Dorn under Application No. 2-02252, to allow renovation of the existing 15,600t-square-foot
structure on Lots 3, 4, 11 and 12, Gordon Mandeville State School Section Subdivision, for corporate offices
and the erecting of three new greenhouses. The subject property is located at 2311 North 7th Avenue.
Mayor Kirchhoff opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He noted that under this application, the
existing building immediately north of Big "R" is to be renovated into corporate offices for Big "R." He
reminded the Commissioners that this property was the subject of recent public hearings for annexation and
zoning; and final approval of this application is contingent upon completion of those processes.
The Senior Planner 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. He briefly highlighted those
findings and forwarded staff's recommendation for approval, subject to several conditions. Since this
property is located within an entryway overlay corridor, the Design Review Board has also reviewed this
application and forwarded its recommendation for approval, subject to conditions as outlined in the staff
report. He then suggested that a new Condition No. 33 be added to the list of conditions to clarify the timing
of the cash-in-lieu of water rights payment, which is addressed under the annexation process.
Mr. Jerry Taylor, architect representing the applicant, noted that this application is for re-use of an
existing building. He noted that the building will be remodeled to complement the owner's adjacent retail
outlet through the use of similar materials and colors, and the traffic circulation and parking will be tied
together. He indicated that additional landscaping will be provided, with the intent of providing a campus-
like feel for the complex. He concluded by indicating his concurrence with the staff report and stated a
willingness to respond to questions.
Mr. Don Stueck, contractor representing the applicant, noted that the assistance of City staff on this
project has been exemplary. He indicated that demolition on the inside of the building has begun, since they
are trying to move forward with the project as quickly as possible.
No one was present to speak in opposition to the project.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
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It was moved by Commissioner Brown, seconded by Commissioner Youngman, that the Major Site
Plan with Certificate of Appropriateness requested by the Murdoch Family Limited Partnership for John
Dorn, Mark Douglas Dorn, and Lisa Ann Dorn under Application No. Z-02252, to allow renovating of the
existing 15,600::t:-square-foot structure on Lots 3, 4, 11 and 12, Gordon Mandeville State School Section
Subdivision, for corporate offices and the erecting of three new greenhouses, be approved subject to the
following conditions:
1. The final improvement drawing shall be adequately dimensioned. A legend of all
pertinent line types used shall also be provided.
2. All existing utility and other easements must be shown on the final site plan.
3. The applicant shall provide and file with the County Clerk and Recorder's office
executed waivers of right to protest creation of a Special Improvement District (SID)
for gravity sanitary sewer improvements.
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 the property, taxable
valuation of the property, traffic contribution from the development, or a combination
thereof.
4. The applicant's engineer shall submit a comprehensive utilities design report
evaluating the existing capacity of the water and sewer utilities. The report must
include hydraulic evaluations of each utility for both existing and post-development
demands. The report findings must demonstrate that adequate capacity is available
to serve full development.
If adequate water and/or sewer capacity is not available for full development, the
report must identify the water and sewer system improvements required to provide
necessary capacity. The applicant will be responsible for completion of all
improvements required to serve the full development.
5. Plans and specifications for water and sewer main extensions and/or modifications
to existing infrastructure, prepared by a Professional Engineer(PE) registered in the
State of Montana, shall be provided to and approved by the City Engineer's Office.
Water and sewer plans shall also be approved by the Montana Department of
Environmental Quality (MDEQ). The applicant shall also provide professional
engineering services for construction inspection, post-construction certification, and
preparation of mylar record drawings. Construction shall not be initiated on the
public infrastructure improvements until the plans and specifications have been
approved and a pre-construction conference has been conducted.
No occupancy permits shall be issued prior to completion and City of
Bozeman acceptance of all required water and sewer infrastructure
improvements. Financial guarantee of said improvements will not be
permitted.
6. Existing sewer and water mains and services shall be clearly identified as existing.
All adjacent fire hydrants shall be clearly depicted.
7. Sewer and water services shall be approved by the Water/Sewer Superintendent.
City of Bozeman applications for service shall be completed by the applicant.
8. The applicant is advised that immediately following completion of the required
infrastructure and connection to City of Bozeman services, the existing septic tank( s)
and drainfield(s) must be properly abandoned and the abandonment documented
and certified by the applicant's professional engineer.
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9. A Stormwater DrainagefTreatment Grading and Maintenance Plan for a system
designed to remove solids, silt, oils, grease, and other pollutants must be provided
to and approved by the City Engineer. The overall plan must demonstrate adequate
site drainage (including sufficient spot elevations), stormwater detention basin
details (including basin sizing and discharge calculations, pond typical sections, and
inlet and discharge structure details), ultimate stormwater discharge destination, and
a stormwater maintenance plan.
10. Flora Lane shall be improved along the entire length of the western property as
follows: The western half shall be improved to a one-half Gallatin County standard
with a twelve (12) foot wide paved drive lane and six (6) foot wide gravel shoulder.
The eastern half shall be improved to a one-half City of Bozeman local street
standard with curb and gutter and sidewalk.
11. Plans and specifications for Flora Lane improvements, prepared by a Professional
Engineer (PE) registered in the State of Montana, shall be provided to and approved
by the City Engineer's Office. The applicant shall also provide professional
engineering services for construction inspection, post-construction certification, and
preparation of mylar record drawings. Construction shall not be initiated on the
public infrastructure improvements until the plans and specifications have been
approved and a pre-construction conference has been conducted.
No occupancy permits shall be issued prior to completion and City of
Bozeman acceptance of all required Flora Lane improvements. Financial
guarantee of said improvements will not be permitted.
12. Concrete curbing shall be provided around the entire new parking lot perimeters and
adequately identified on the plans. In addition, the appropriate concrete curb and
gutter details (standard, inverted, drop, etc.) and typical asphalt paving section detail
shall be provided to and approved by the Engineering Department.
13. City of Bozeman standard non-residential drive approaches (Drawing No. 02529-11 )
shall be installed along Flora Lane.
14. Immediately fOllowing final site plan approval, the applicant shall remove any stored
materials located within the Flora Lane right-of-way. The applicant is advised that
any cracked or unserviceable sections of curb and gutter and/or sidewalk located
along the existing retail store property boundary shall be replaced prior to
occupancy.
15. That the applicant execute the Annexation Agreement to annex said property to the
corporate limits of the City of Bozeman prior to final site plan approval and that the
City Commission formally adopt the Resolution of Annexation prior to issuance of
a building permit to proceed with construction of the project.
16. That the applicant address the contingencies of approval of the zone map
amendment to establish an initial "B-2" zoning designation for said property prior to
the final site plan approval and issuance of a building permit to proceed with
construction of the project.
17. That the off-street parking lot along Flora Lane not encroach into the 25-foot front
yard setback along the public street, that the off-street parking lot be properly
screened with a combination offencing and/or landscape screening, that the outside
storage area be properly screened with fencing similar to the existing facility, and
that the site plan/landscape plan be revised accordingly for review and approval by
the Planning Office prior to final site plan approval.
18. That the off-street parking lot not exceed the maximum allowable number of parking
spaces in excess of 125 percent of the minimum number of spaces required in
Section 18.50.11 0.F.2 of the zone code (Le., 112.5 parking spaces vs. 143), and that
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the site plan be revised accordingly for review and approval prior to final site plan
approval.
19. That the display and storage of goods and merchandise shall not occur in the
required 50-foot wide front yard setback or public right-of-way fronting onto North 7th
Avenue/Highway 10, and that it be noted accordingly on the site plan for review and
approval.
20. That the applicant provide on the site plan the location and placement of a bicycle
rack per Section 18.50.035.R of the zone code.
21. That the site plan/landscape plan be certified by a registered Montana landscape
architect, or an individual that meets the requirements set forth in Section
18.49.040.C.3 of the zone code.
22. That the applicant provide a common signage plan for said project depicting
location, general style, limitations of graphic design, dimensions, materials, color,
and method(s) of illumination, for review and approval by the Planning Office prior
to final site plan approval.
23. That the applicant specify all exterior light fixtures, both free-standing and wall-
mounted, to be used for exterior illumination of the project that also includes a
typical manufacturer's "cut-sheet" detail of the fixture depicting the type of
illumination bulb and illumination output to be used, for review and approval prior to
final site plan approval. All exterior light fixtures shall be so arranged to direct light
downward and/or away from any adjoining properties and shall not detract from
driver visibility on adjacent streets. A typical detail of the light standard shall also be
provided to confirm that said standard would not exceed a maximum height of
twenty (20) feet.
24. All retention/detention ponds located in the required yard setbacks shall not exceed
a maximum slope of 1-in-4 (i .e., 25 percent slope) and a depth of 1 ~ feet, and that
it be noted accordingly on the final site plan (Le., Flora Lane).
25. That all roof-top and/or ground-mounted mechanical equipment shall be noted
accordingly on the site plan and exterior elevations, and shall be properly screened
from adjoining properties and public streets, and that typical details of all screening
devices shall be noted accordingly on the site plan, for review and approval prior to
final site plan approval. The exterior elevations shall delineate the placement and
height of all rooftop mechanical equipment in relationship to the top of the parapet
wall and/or screening device and the site plan shall locate all utility equipment,
including ground-mounted mechanical power and telephone boxes, as well as a
typical detail(s) illustrating the materials, color, and method of screening used to
screen the equipment from adjacent properties and public streets, for review and
approval by the Planning Office prior to issuance of a Certificate of Appropriateness
and final site plan approval.
26. That seven (7) copies of the final site plan containing all of the conditions,
corrections and modifications approved by the City Commission shall be submitted
for review and approval by the Planning Director within six months of the date of City
Commission approval. A copy of the approved final site plan shall be forwarded to
the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments by
the Planning Office; and one copy shall be retained in the Planning Office file.
27. That the applicants shall enter into an Improvements Agreement with the City to
guarantee the installation of required on-site improvements at the time of final site
plan submittal. Detailed cost estimates, construction plans and methods of security
shall be made a part of that Agreement.
28. If occupancy of any structure is to occur prior to the installation of all required on-site
improvements, the Improvements Agreement must be secured by a method of
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security equal to one and one-half times the amount of the estimated cost of the
scheduled improvements not yet installed. Said method of security shall be valid for
a period of not less than twelve (12) months; however, the applicant shall complete
all on-site improvements within nine (9) months of occupancy to avoid default on the
method of security.
29. That a building permit must be obtained prior to the work, and must be obtained
within one year of final site plan approval. Building permits will not be issued until
the final site plan is approved. Minor site surface preparation and normal
maintenance shall be allowed prior to submittal and approval of the final site plan,
including excavation and footing preparation, but NO CONCRETE MAY BE
POURED UNTIL A BUILDING PERMIT IS OBTAINED.
30. That the applicant upon submitting the final site plan for approval by the Planning
Director and prior to issuance of a building permit, will also submit a written narrative
outlining how each of the above conditions of approval has been satisfied.
31. That the applicant install pedestrian striping along the interior off-street parking lot
that will connect the pedestrian sidewalks from the existing Big "R" retail supply store
to the office building facility and that it be noted on the site plan for review and
approval by the Planning Office prior to issuance of a Certificate of Appropriateness
and final site plan approval.
32. That the applicant obtain a Certificate of Appropriateness and final site plan approval
prior to issuance of a building permit to proceed with construction of the project.
33. That prior to issuance of a building permit, the application shall provide for water
rights or cash-in-lieu of water rights in an amount determined by the Director of
Public Service as provided in the Annexation Agreement whereby, at such time as
said property is annexed to the City of Bozeman, and prior to the City Commission
adopting the Resolution of Annexation and accepting the Annexation Agreement,
and prior to issuance of a building permit to proceed with construction of the project,
said payment of calculated cash-in-lieu of water rights shall be made.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown,
Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none.
Public hearina ~ Maior Site Plan with Certificate of Appropriateness ~ allow construction of 97.154-
sauare-foot. three-story hotel facility on Tract B-1. COS No. 1827. with deviations from Sections
18.30.060. 18.65.020 and 18.50.11 O.F .2.. to allow the building to exceed the maximum heiaht. allow
an increase in wall sian depth. and allow a reduction in the minimum reauired number of parkina
spaces - Yellowstone Manaaement for Bomont. LLC (2247 East Vallev Center Drive) (Z~02243)
This was the time and place set for the public hearing on the Major Site Plan with Certificate of
Appropriateness requested by Yellowstone Management for Bomont, LLC, under Application No. Z-02243,
to allow the construction of a 97,154-square-foot, three-story hotel facility on Tract B-1, cas No. 1827, with
deviations from Sections 18.30.060, 18.65.020 and 18.50.11 0.F.2. of the Bozeman Municipal Code to allow
the building to exceed the maximum height, allow an increase in wall sign depth, and allow a reduction in
the minimum required number of parking spaces. The subject property is located at 2247 East Valley
Center Drive.
Distributed just prior to the meeting was a letter from Tom Stonecipher, attorney representing the
applicant, dated January 23, 2003.
Mayor Kirchhoff opened the public hearing.
Urban Designer Candace Honatke presented the staff report. She stated this application is for a
125-unit hotel facility known as the C'mon Inn. She noted that the subject property is located between
Valley Center Road and Interstate 90. She indicated that staff has reviewed the application in light of the
applicable criteria, and staff's comprehensive findings are contained in the written staff report. She briefly
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highlighted some of the recommended conditions for approval of the application. She drew the
Commissioners' attention to Condition No. 32, which requires that the construction contract for
improvements to Valley Center Road be awarded prior to issuance of building permits for this project.
The Urban Designer stated that several deviations are being requested in conjunction with this
application. Those deviations include allowing the height to exceed the height limitation of 44 feet by 7 feet;
allowing the wall sign depth to exceed the allowed 6 inches by 2 inches; and allowing a reduction in the
number of parking spaces from 150 to 145, plus the five accessible spaces required. She indicated that
staff has reviewed those deviations and has recommended approval.
Responding to questions from Mayor Kirchhoff, Planning Director Epple stated that the records show
the applicant was notified last March that there were traffic issues, including access and the possible need
for road improvements. Also, he noted that on October 16, Director of Public Service Debbie Arkell met with
the Montana Department of Transportation to discuss the issues of creating a special improvement district
to fund improvements to Valley Center Road and requiring that the improvements be under contract before
construction of the hotel is allowed to begin.
Mr. Tom Stonecipher, attorney representing the applicant, stated he has become involved in this
project within the past month and, therefore, has not been involved in all of the meetings referenced. He
noted that those he represents have indicated they were not told this project could potentially be delayed
for two years until the end of the October 16 meeting. He stated that, while the developers have agreed to
the creation of an SID and have indicated a willingness to post money to guarantee that their portion of the
assessments will be paid, they have not agreed to a two-year delay.
Mr. Stonecipher distributed to the Commissioners schematics of proposed improvements to Valley
Center Road that would mitigate the impacts of the hotels. He stated that the traffic studies and proposed
road improvements were completed by Mr. Bob Marvin, and those studies showed the development of these
properties will not degrade the level of service below acceptable standards. He indicated that the
improvements proposed by Mr. Marvin will actually increase the level of service by simply changing the
striping on the existing pavement. with a center turn lane and right deceleration lanes to access the hotel
properties.
Mr. Stonecipher stated that the perceived safety problems that might result from the 70-mile-per-
hour speed limit are not a basis upon which to deny this project. He noted that the fact that this and the next
project are before the Commission for consideration is evidence that the developers have not been led to
believe they could encounter a two-year delay in developing. He then recognized that he has just submitted
new information to the Commission that staff has not seen and suggested that the Commission delay action
until staff has an opportunity to review and evaluate it.
No one was present to speak in opposition to the project.
Planning Director Andy Epple stated that the Engineering and Planning staffs spent a considerable
amount of time reviewing this project. particularly after reviewing Mr. Stonecipher's letter on Friday. He
noted that staff concerns revolve around safety, including the high speed limit and double curve near this
site that results in limited visibility. He then encouraged the Commission to delay further consideration of
this application for two weeks to give staff an opportunity to review the new information. He then indicated
there is a request pending before the Montana Department of Transportation for reduction of the speed from
70 miles per hour to something significantly lower on this section of Valley Center Road. He cautioned,
however, that any possible reduction will be based on speed studies and will probably not be implemented
for quite some time. He cautioned that there are other projects along this corridor in the wings that will
generate considerably larger volumes of traffic than the two hotels on today's agenda, and that is the reason
behind the recommended conditions.
Mr. Stonecipher noted that the traffic study completed by Marvin and Associates revealed that traffic
travels approximately 55 miles per hour at the present time. He then noted that development will occur in
this corridor and encouraged the Commissioners to not delay this project until the SID is created and the
contract let; rather, he asked that the developer be allowed to post monies and proceed with construction.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the public
hearing be continued to February 10, 2003, to give staff an opportunity to review and respond to the new
information presented during this hearing. The motion carried by the following Aye and No vote: those
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voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor
Kirchhoff; those voting No, none.
Public hearina - Maior Site Plan with Certificate of ADDroDriateness - allow construction of 104-room
hotel on Tract A-2. COS No. 1827. with deviation from Section 18.30.060. to allow the roof to exceed
the 44-foot heiQht limitation bv 8 feet - Fisher DeveloDment ComDany for Grace France (east side
of Vallev Center Drive. northwest of its intersection with North 19th Avenue) (Z-02244)
This was the time and place set for the public hearing on the Major Site Plan with Certificate of
Appropriateness requested by Fisher Development Company for Grace France under Application No.
Z-02244, to allow the construction of a 104-room hotel on Tract A-2, COS No. 1827, with deviation from
Section 18.30.060 of the Bozeman Municipal Code, to allow the roof to exceed the 44-foot height limitation
by 8 feet. The subject property is located along the east side of Valley Center Drive, northwest of its
intersection with North 19th Avenue.
Distributed just prior to the meeting was a letter from Art Wittich, attorney representing the applicant,
dated January 24, 2003.
Mayor Kirchhoff opened the public hearing.
Planning Director Epple presented the staff report on behalf of Assistant Planner Jami Morris. He
noted this proposal is for Country Inn and Suites, to be located on the lot to the north of the previous
application, between Valley Center Road and Interstate 90. He indicated that staff has reviewed this
application in light of the applicable criteria and forwarded a recommendation for approval, subject to
several conditions. He noted that under the recommended conditions, construction of this project would
also be delayed until the road improvements have been completed.
Responding to questions from Mayor Kirchhoff, the Planning Director confirmed that the building
addresses the Interstate rather than Valley Center Road. He then noted that the parking lot must be located
in one entryway corridor due to the configuration and location of the lot. He indicated that the 50-foot
greenway corridor along Valley Center Road would provide an adequate buffer from that roadway.
Mr. Dennis Gehringer, representing the applicant, addressed the design and orientation of the
building, noting that there is one lot between the C'mon Inn and the Country Inn and Suites, and a restaurant
is proposed for that site. He noted that there are shared entrances between these three lots, and the
proposed location of the building is best for visibility and traffic circulation among the properties. He
indicated that mounding and landscaping between the road and the parking lot will minimize its impacts,
and the building will be visible from all sides.
Mr. Gehringer requested that, since both C'mon Inn and Country Inn and Suites are using the same
site engineer and traffic engineer, these projects be considered in tandem. He stressed that safety issues
are typically addressed through roadway design, including lane widths, alignments, angles and grades. He
stated that, at the present time, there are 5,500 cars per day on Valley Center Road from Catron Street
north; and during peak hours each hotel will generate 35 cars turning into the site and 35 cars turning out
of the site. He noted that, with two lanes in each direction and a wide median, the roadway would be
designed to serve 35,000 cars per day, which is a future issue. He forwarded a willingness to financially
guarantee the hotel's portion of the costs and, if the SID is not created, those monies would be available
to help fund those improvements.
Director of Public Service Debbie Arkell voiced a commitment to work with the Montana Department
of Transportation and the City's Engineering Office to review and evaluate the new information provided
during these hearings.
Mayor Kirchhoff voiced his preference for having both hotels embrace the street edge as much as
possible.
Responding to comments from Commissioner Youngman, Planning Director Epple stated the
subject site is not located in an entryway overlay corridor and is, therefore, not subject to the design
objectives plan. He indicated that fact, coupled with the traffic circulation issues, led staff to support the
proposed placement of the hotel.
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It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the public hearing
be continued to February 10, 2003, to give staff an opportunity to review and respond to the new information
presented during this hearing. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Hietala, Commissioner Brown, Commissioner Youngman and Mayor Kirchhoff; those voting
No, none.
Break - 7:52 to 8:00 D.m.
Mayor Kirchhoff declared a break from 7:52 p.m. to 8:00 p.m., in accordance with Commission
policy.
Commission direction for bia box ordinance
Included in the Commissioners' packets was a letter from Philip Saccoccia, dated January 23,
regarding the draft big box ordinance.
Mayor Kirchhoff noted that the Commission must provide clear, accurate direction to staff so that
the Commission can consider provisional adoption of a permanent ordinance at next week's meeting and
have it in effect prior to the expiration of the urgency interim ordinance.
Mayor Kirchhoff stated his main concerns from the beginning have been how to stop the transfer
of energy, vitality, activity and wealth from the historic parts of the community and how to retain the
community's identity and values. He characterized this as not a question of how to live with strip
commercial or large format commercial development; rather, it is a question of how to convince large format
retail that it can be smaller. To address these issues, he suggested that one alternative might be to attract
large scale development to the central downtown area. This could be accomplished by establishing an
absolute 50,000-square-foot cap in the "B-2" zoning district and eliminating fees for large scale development
done in the "B-3" zoning district, possibly in a multi-story format.
Commissioner Youngman voiced her appreciation for this creative thinking; however, she is not
willing to rule out large scale development in the "B-2" district since it already resides in those areas. She
also noted that redevelopment in the downtown area, particularly if it involves the removal of housing and
parking lots, is counter to the Commission's desires for the core of the community.
Commissioner Youngman stated she has a profound respect for the broad-based task force, the
process that it followed, its analysis and its consensus. As a result, she wants to respect their
recommendations to the greatest extent possible. She proposed that the Commission adopt the ordinance
without a fee schedule initially since Staff Attorney Cooper has indicated the schedule is not legally
defensible without an economic feasibility study or findings to support it; and with a lower cap than the
Commission ultimately intends in order to preclude big box development from trying to rush in before a fee
schedule is imposed. She suggested that once a fee schedule is in place, the cap can be raised to 100,000
square feet with incentives to encourage larger development to occur in the downtown.
Mayor Kirchhoff responded that if impacts can be controlled in one area, the City should not be
designing for negative impacts in another area of the community and then imposing fees to mitigate them.
Commissioner Hietala suggested that Bozeman has not been growing at the same rate as the rest
of Gallatin County and noted that, at a 3-percent growth rate, there will be 200,000 people in the valley in
thirty years. He stated that Bozeman's downtown area is one of the most viable in the state, and he does
not want to take any steps that will break it. He recognized the benefits of creating an enterprise zone that
is incentive based, noting the City could possibly participate in addressing the impacts of development in
that area in some way.
Commissioner Hietala stressed that Bozeman is a regional shopping area and should take steps
to enhance and expand that activity. He also suggested that to do so could also attract more tourism to the
area. He noted that the area for regional commercial development is relatively limited and suggested that
it be allowed to continue along North 19th Avenue and possibly along North 7th Avenue. He suggested that
both of these sites are close enough to the downtown area to create a synergistic mix. He expressed
support for the task force's recommendation that design standards be imposed on all stores over 40,000
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square feet and indicated he prefers not to create a cap on the size of regional stores, particularly since
today's marketing environment seems to demand a bigger footprint.
Commissioner Brown voiced his interest in honoring the intent of the task force, recognizing that
their recommendations cannot be adopted verbatim. He noted that high design standards are needed for
larger stores. He recognized the benefits of developing downtown, particularly since the demands on
services are generally lower. He feels there are already incentives in place for developing in the downtown
area; however, he has some concerns about the negative impacts that a substantial amount of
redevelopment may have on the downtown and the area immediately surrounding it. He concluded by
voicing his support for most of Commissioner Youngman's suggestions.
Commissioner Youngman noted that the downtown has lost large scale development over the years,
and even the new large buildings currently being constructed don't provide for a single large user. She
suggested that with differential fees, it may be possible to once again encourage large scale retailers to
consider locating in the downtown area.
The Commissioners turned their attention to fees and Staff Attorney Cooper's caution that a
defensible fee structure must be based on a study or adopted findings.
Commissioner Brown indicated support for the City funding a broad-based comprehensive study
every two or three years to ensure that economic impact fees are being appropriately assessed. He noted
that a study commissioned by the City rather than by a specific project should generate the type of
information needed to support an equitable fee structure.
Commissioner Youngman noted that a high cap without a fee accomplishes nothing for the
community. Also, allowing development to a 100,000-square-foot cap can result in an avalanche of
development at that size with low-paying jobs. She noted that imposing a fee is an acknowledgment that
large scale retail is not like anything else, but tends to create jobs that don't pay a wage sufficient to live in
the community without help. She then stated that, unless the Commission imposes a very low cap in the
ordinance, she is uncomfortable with the idea of not including a fee.
Commissioner Hietala indicated a willingness to consider fees for buildings larger than 75,000
square feet; however, he suggested that the size cap should either be increased or eliminated.
In light of the Commissioners' discussion, Mayor Kirchhoff noted there is support for considering
fees after an economic impact study has been completed.
Mayor Kirchhoff then asked the Commissioners to address the issue of a size cap. The
Commissioners discussed this issue extensively, considering sizes 50,000 square feet and up. As a result
of that discussion, the Commissioners concurred that setting the cap at 75,000 square feet until the study
is completed would be most appropriate.
Break - 9:10 to 9:16 D.m.
Mayor Kirchhoff declared a break from 9:10 p.m. to 9:16 p.m., in accordance with Commission
policy.
Commission direction for bia box ordinance (continued)
It was moved by Commissioner Youngman, seconded by Commissioner Brown, that the
Commission direct staff to revise the proposed ordinance to include the legally defensible elements of the
task force proposal, omitting those items that have been found not legally defensible, and with the following
changes: establish a cap at 75,000 square feet until such time as a study arranged for by staff that will
document impacts and identify appropriate fees, if any, is completed; clarify that the ordinance include a
40,000-square-foot trigger point for height and design standards; include all other development and
redevelopment standards; and eliminate exemptions for outdoor storage areas because of legal questions;
and to bring back the revised ordinance next week for Commission action. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Brown and
Commissioner Hietala; those voting No being Mayor Kirchhoff.
01-27-03
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Commissioner Hietala stated he has no problem with bringing back an ordinance for Commission
consideration; however he suggested that Mr. Saccoccia's property be exempted from its provisions. He
then voiced his desire to delay consideration of this issue until Commissioner Cetraro is present.
Commissioner Youngman noted that, even though it was not part of the motion, a majority of the
Commissioners had indicated an interest in setting the cap at 100,000 square feet after the study is
completed and fees are established. As a result, she asked that the cap be adjusted in conjunction with
setting of the fees.
Adiournment ~ 9:25 D.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Brown, seconded by Commissioner Youngman, that the meeting be adjourned. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner
Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none.
ST~~l'~
ATTEST:
~J~
ROBIN L. SULLIVAN
Clerk of the Commission
01-27-03
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