HomeMy WebLinkAbout2000-09-25 Minutes, City Commission, work
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MINUTES OF THE COMMISSION MEETING/WORK SESSION
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OF THE CITY COMMISSION
BOZEMAN, MONTANA
September 25, 2000
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The Commission of the City of Bozeman met in regular session and work session in the
Commission Room, Municipal Building, on Monday, September 25,2000, at 3:00 p.m. Present were
Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner
Kirchhoff, City Manager Johnson, City Attorney Luwe and Clerk of the Commission Sullivan.
The meeting was opened with the call to order, Pledge of Allegiance and a moment of silence.
Commission Resolution No. 3396 - revised rules of procedure
Included in the Commissioners' packets was a copy of Commission Resolution No. 3396, as
approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3396
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN,
. MONTANA, AMENDING THE RULES OF PROCEDURE FOR THE CONDUCT OF CITY
COMMISSION BUSINESS.
Mayor Youngman noted that under this resolution, the Commissioners will no longer be
required to vote to waive the one-week waiting period if they wish to make a land use or annexation
decision on the night of the hearing; rather, the decision will be delayed if one Commissioner requests
it. The Commissioners concurred with the change.
It was moved by Commissioner Brown, seconded by Commissioner Frost, that Commission
Resolution No. 3396, amending the rules of procedure for conduct of City Commission business, be
adopted. The motion carried by the following Aye and No vote:
those voting Aye being
Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor
Youngman; those voting No, none.
Response to Bozeman Public School District No.7 East Willson reauest for proposals. as prepared by
the Historic Preservation Advisory Board
Included in the Commissioners' packets was a memo from Historic Preservation Officer Derek
Strahn. dated September 20, 2000.
Historic Preservation Officer Derek Strahn stated that. as a result of Commission discussion
. at its meeting two weeks ago. he has drafted a proposal for the East Willson. He noted that he was
as thorough as possible when preparing the proposal. but recognized that there are some outstanding
questions that need to be resolved; and those issues have been identified in the proposal. He also
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noted that, in the first sentence, he has indicated this proposal is to be considered only after other
. proposals for the East Willson School have been ruled out by the Board of Trustees, in response to
the Commission concerns that this proposal not compete with a proposal that includes affordable
housing. He stated it now appears that Dab Dabney will not be submitting a proposal; however, a firm
from Portland is planning to submit a proposal for senior housing. He noted the County has indicated
its intent to submit a proposal, and he anticipates there may be some proposals from the private
sector. He stated the School District has indicated that if none of the proposals received is attractive,
it will consider regional or possibly national advertising.
Responding to Commissioner Kirchhoff, Historic Preservation Officer Derek Strahn stated the
basement is unfinished and contains approximately 10,000 square feet. He stated it is used for
storage and now houses "an incredible collection" of school district desks and computers. He noted
that classroom science kits from a national science program and on-going experiments are also housed
in the basement. He stated the School District is hoping that one of the proposals will include
allowing them to continue using at least a portion of the basement for storage.
Commissioner Brown questioned whether the proposal should include a blanket statement
that says the City's proposal will be considered only after the other proposals have been ruled out.
Mayor Youngman stated she has no problem with the City's application being considered in
conjunction will all other applications, after those including affordable housing have been considered
and ruled out. Following a brief discussion, the Commissioners agreed that the statement should be
revised to reference those proposals involving housing only.
It was moved by Commissioner Frost, seconded
by Commissioner Smiley, that the
. Commission direct the Historic Preservation Officer to submit the response to the request for proposals
from the School District for the East Willson, with the revision that the City's response is not to
compete with affordable housing but everything else, and authorize the City Manager to sign the
proposal. The motion carried by the following Aye and No vote: those voting
Aye being
Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor
Youngman; those voting No, none.
Work Session - (A) Discussion re process for setting of public hearinQ dates for the transportation plan
update: and (8) Conceptual review of plans for Home Depot
(A) Discussion re
process for setting of public
hearing dates for the
transportation plan update
Associate Planner Chris Saunders stated that, at the Transportation Coordinating Committee
(TCC) meeting on September 20, there was discussion regarding the remainder of the process.
He
noted that the transportation plan update is being completed under a multi-party document, so
coordination of the adoption of the plan is important. He noted that the final public draft is
to be
completed and distributed on October 18, and suggested the following options for its adoption, after
the appropriate public hearings:
1 . TCC adopts the document;
. 2. TCC adopts the document, with the City and County Commissions ratifying
that adoption;
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3. TCC adopts the document and both Commissions formally adopt it by
. resolution, but not as part of the growth plan;
4. TCC adopts the document, followed by hearings by both Planning Boards
and governing bodies, and adoption of it but not as part of growth plan;
5. TCC adopts the document, followed by hearings by both Planning Boards
and Commissions, and adoption as part of growth plan.
Associate Planner Saunders stated that, in the past, the Commission has adopted the
transportation plan by resolution, but not as part of the master plan.
Mayor Youngman noted one option that has been discussed is that all four bodiesnthe City
Planning Board, County Planning Board, City Commission and County Commissionnshare the public
hearing, and then make separate decisions at their individual meetings.
Planning Director Epple stated it is his understanding, as of this morning, that County
Commissioner Bill Murdock was making arrangements for a joint public hearing at 3:00 p.m. on
Monday, October 30.
Mayor Youngman suggested that, after the TCC has received the draft plan and prior to the
public hearings, it may be important to have the consultant review it with each of the governing
bodies.
Associate Planner Chris Saunders suggested that the consultant make his presentation to the
. City Planning Board and the City Commission on October 17, which is a regular Planning Board
meeting.
Responding to City Attorney Luwe, Associate Planner Saunders stated there will be a
transportation element in the growth plan; however, it does not need to be the entire transportation
plan update. He stressed that the transportation plan update will be used in conjunction with the
growth plan.
Planning Director Epple stated the Planning staff envisions adoption of the plan by the
Transportation Coordinating Committee and, subsequently, by the governing bodies. He noted the
next step would be to adopt the transportation plan by reference as part of the 2020 growth policy,
similar to the water facilities plan, wastewater facilities plan, and open space and trails plan.
Responding to City Attorney Luwe, Planning Director Epple stated it is anticipated the 2020
growth plan will be adopted in late November or December, which is essentially the same timeline as
the transportation plan adoption.
Following discussion, the Commissioners agreed to a joint hearing, and asked that it be
scheduled for 7:00 p.m. on Monday, October 30.
Break - 3:35 to 3:40 p.m.
. Mayor Youngman declared a break from 3:35 p.m. to 3:40 p.m., to give staff an opportunity
to rearrange the room.
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Work Session (continued) - (AI Discussion re process for settina of public hearina dates for the
. transportation plan update; and (B) Conceptual review of plans for Home Depot
(8) Conceptual review of plans for Home Depot
City Manager Johnson stated this is the first concept plan to be considered under the
Commission's new rules of procedure. He stated that representatives from Home Depot have talked
to him about possible locations and asked him about the political climate for a 11 5,OOO-square-foot
structure for a single business.
Those present for the discussion included:
Lowell Springer, architect for Cape-France Enterprises
Don Cape, Cape~France Enterprises
Greg Gertsen, architect retained by Home Depot
Steve Wilson, developer retained by Home Depot
Gene Graf, Gallatin Center
David Jarrett, Gallatin Center
Mr. Steve Wilson stated he is helping to site the project, and has met with various staff
members over the past two months. He posted a conceptual site plan for the parcel owned by Cape-
France lying along the south side of Valley Center Drive, north of Costco, stating this is one possible
location for a Home Depot.
Planning Director Andy Epple stated the subject 23-acre parcel is unannexed and is zoned AS.
. He noted that, in 1994, the Commission approved rezoning of the parcel, subject to certain
infrastructure improvements being made: however, those improvements did not occur within the time
allotted, and the rezoning did not occur.
Mr. Steve Wilson recognized that this parcel is not inside the city limits, but noted it is at the
northern end of an established commercial/retail corridor with large commercial uses. He noted that,
as he has reviewed possible sites, issues that surfaced included access, transportation and utilities.
He stated that, in this instance, water is adjacent to and, in fact, runs through this property, and
sewer is readily available. He suggested that this property is prime for annexation and zoning for
commercial development. He noted that, no matter which site they have considered or what issues
have been raised, it has become apparent the first step is to determine if the Commission will look
favorably upon this type of development in a specific location. He stated that, given the constraints
of the parcel under consideration, the conceptual site plan he has posted seems to provide for a good
layout with good access.
Responding to Commissioner Brown, Mr. Wilson stated that this property can be served
through the City's gravity flow system to the Wastewater Treatment Plant.
Commissioner Frost stated he would like to see the Home Depot building address the street
with parking where the building is shown on the conceptual site plan. He also voiced his interest in
seeing this type of development occur closer to the core of the community, rather than on the
outskirts.
. Mr. Springer stated a four-acre strip is proposed along the street frontage, possibly with the
stream to be relocated so it meanders through a green corridor along Valley Center Road. He
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suggested that this will create a site that is "very humanized" and provide a more personal scale for
. walking.
Responding to Commissioner Frost, Planning Director Epple stated there will be no pedestrian
corridor between this site and Costco in conjunction with this application; however, as additional
development occurs, the corridor will be extended.
Responding to Commissioner Smiley, Mr. Don Cape stated that the four-acre strip between
Costco and his parcel is part of the Accola ranch and is currently owned by Lou Spain. He indicated
that that strip would be annexed in conjunction with annexing his subject 23-acre parcel.
Responding to Commissioner Frost, Associate Planner Chris Saunders stated that Valley
Center Road, which is a State highway, would be improved to incorporate pedestrian and bicycle
facilities, depending on the amount of right~of~way available.
Responding to Mayor Youngman, Associate Planner/Urban Designer John Sherman stated the
design criteria he would use when reviewing an application for development of the subject site include
ensuring a development similar to the Gallatin Center, breaking up the scale of the large structure,
decreasing the number of parking spaces. ensuring pedestrian scale, ensuring connections between
the store and the green spaces and open ways, and lighting.
Responding to Commissioner Frost, Associate Planner Sherman stated staff questions
whether it would be more appropriate to relocate the stream so it runs along the road, or relocate it
to the interior of the lot. He also noted that the conceptual plan reflects a north/south street, and
should possibly include an east/west tie.
. Planning Director Epple stated there are two creeks in the immediate area, and the applicant
has proposed merging the two as they enter the property. He noted another option would be to keep
a stream feature along the back of the property rather than combining the creeks. He characterized
the main issues as the pedestrian way and the entryway corridor design guidelines. He then
suggested that, since municipal water and sewer services are now available to the site, the issues of
annexation and rezoning of the subject parcel could be appropriately considered once again.
Mr. Lowell Springer stated that when the rezoning was approved in 1994, it was with the
condition that a community water system be completed within three years. He noted that at the same
time as they received approval by the State, they received notice of contamination in wells close to
the site. The result was that they could not complete the community water system in the allotted
time, and suggested that the rezoning issue could simply be reopened.
Mr. Don Cape stated that he has given sewer easements across his property, and additional
easements are being sought to allow extension of water and sewer services across his property to
service other parcels in the area. He stated that, in light of the costs he is incurring with the extension
of lines and the providing of easements, it is becoming important that he be able to develop some of
the property so he can recoup a portion of those costs.
City Attorney Luwe reminded the Commissioners that the issue before them at this time is
whether large scale stores are acceptable and under what conditions.
. Planning Director Epple stated the 1990 Bozeman Area Master Plan Update shows this area
as commercial, and infrastructure is now available to the area.
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Commissioner Kirchhoff stated he cannot address questions about large scale development
. at this time because the Commission must first deal with the WalMart expansion issue, characterizing
that as "when the rubber will hit the road". He voiced his preference for a building constructed with
only natural materials and no artificial materials. He also suggested that the building be constructed
so it can be easily retrofitted when the large retailer is no longer located there, preferably in a campus
type setting. He also stressed the importance of identifying the needed improvements and the timing
of their installation, citing traffic safety as a key issue.
Commissioner Brown stated it is unfair to give any kind of indication about possible action
on a Home Depot proposal prior to making a decision on a WalMart expansion.
Mayor Youngman stated her support for constructing the building so it can be retrofitted for
future uses, citing the downtown buildings as an example of successful retrofits over the years. She
noted the building should be constructed with the human scale in mind, and with better quality
architecture. She suggested that the buildings be located closer to the street, rather than the parking,
particularly in light of comments she has heard about the configuration of the Bridger Peaks Town
Center. She also indicated support for enhanced landscaping.
Commissioner Smiley stated that she served on the City-County Planning Board when the
Bridger Peaks Town Center project was approved; and it was their intent that the development be on
a Main Street scale. She then voiced her support for that type of approach, and suggested that
housing be incorporated into commercial developments, as second level uses. She also noted that
commercial developments should include facilities for walking and bicycling as well as driving.
Associate Planner Chris Saunders stated that the "B-2" zoning allows for higher residential
. uses than the residential zones do.
Commissioner Frost stressed the importance of incorporating the stream into the amenities
on the subject site. He then indicated his interest in a more human scale building, stating it would be
"more friendly than a 20-foot wall".
Commissioner Smiley recognized that the developers prefer commercial development because
it represents the highest return on the property; however, she stressed the important of providing
adequate housing that is affordable to those working in those developments. She also stated the
buildings should fit in with the old buildings in the community, characterizing the North 7th Avenue
interchange as the "fort entrance to Bozeman".
Planning Director stated that "out lots" are designed to provide a more human scale, and cited
several examples of where they have already been successful in the community.
Mr. Greg Gertsen stated that some retail stores lend themselves to being located in the type
of structures being discussed; however, he noted that others, like Home Depot, need to ensure easy
ingress and egress with large items, such as lumber and tubs. He recognized that some communities
don't want that type of store because they don't want the appearance; however, he noted that people
are willing to drive 150 miles to the store because of the savings.
Mayor Youngman suggested that Home Depot may have more than one design for its
. buildings. She summarized some of the key issues that have been identified, including the human
scale, both for the store and the area, and being practical for both the present and the future. She
noted that one question is whether the subject parcel is too far out.
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Mr. Lowell Springer noted that much of the traffic to the store will be from the interstate, and
. suggested that locating the facility close to the interstate may make more sense.
Commissioner Frost stated he has read through the draft of the economic impact analysis for
WalMart, and it contains some good information. He recognized that "big box" stores want to be
close to freeways; however, he suggested that input from the public is needed prior to making any
decisions.
Commissioner Brown voiced his appreciation for the green space corridor and the streams.
Mr. Don Cape stated that the location of a store on the subject property is limited because
of the stream setbacks, the street frontage setbacks, and the locations of existing utility lines and
easements. He then indicated his support for a meandering stream, characterizing it as more realistic
and aesthetically pleasing than a straight stream/ditch.
Mayor Youngman noted the Commissioners have all indicated support for incorporating
housing into commercial development.
Mr. Dave Jarrett expressed concern about incorporating residential uses into a commercial
development, stressing that children need a safe place to play, while commercial development is
typically surrounded by asphalt.
The Commissioners voiced their appreciation for the opportunity to review this conceptual
plan.
. Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your Information"
items.
(1 ) Notice from the Montana Department of Environmental Quality regarding the public
comment period on the July 2000 final draft feasibility study work plan for the Bozeman Solvent Site,
which ends on October 24.
(2) Letter from GalaVan thanking the Commission for its support for their program.
(3) Press release from Senator Conrad Burns' office regarding the Interior Appropriations
Bill, which includes over $36 million for various projects in Montana.
(4) Copy of the notice that the City's 2000 compost collection program will end on
Friday, September 29.
(5) Letters from Marjorie Atchison, 210 South 16th Avenue, #A; Ruth Arnold, 2525
Bergamot Court; and Margery Peterson, 1120 West Babcock Street, #26, requesting that the City
provide more parking around the Swim Center.
. Commissioner Smiley requested a work session on this issue, stressing the importance of
ensuring that the parking spaces for the Swim Center are clearly marked. She also asked for an
update on whether the School District plans to buy more property for fields and parking.
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Commissioner Brown noted that increasing the number of parking spaces used for the Swim
. Center will reduce the number of spots available for the high school students.
Commissioner Frost stated he would like to have the Swim Center spaces clearly marked.
Commissioner Smiley stated she will talk to the Parking Commission about this issue at its
meeting next week.
(6) Copy of the planning project list for upcoming Commission meetings.
(7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m.
on Tuesday, September 26, at the Professional Building.
(8) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday,
September 26, at the Professional Building.
(9) Mayor Youngman stated the Recreation and Parks Advisory Board has raised a
question about why the parking lots in the City parks remain unpaved, particularly when the City has
used millings for the paving of some streets.
Commissioner Frost stated that if paving is needed for dust abatement, he could support it;
however, he feels the parking areas should remain unpaved if possible.
(10) Commissioner Kirchhoff asked if the Commission needs to discuss the SANDAN
development, particularly since it is being considered before the Development Review Committee at
. the present time, and in light of recent e-mail messages to the Commissioners "with ominous word
choices" .
( 11 ) Commissioner Brown submitted the following. (1) Distributed copies of an opinion
column from the September 20 issue of the Billings Gazette entitled MPC must keep its word, and
voiced his continued concern about deregulation. (2) Noted that several sites for a potential 100-acre
park have been identified, all of which are located outside city limits. (3) Noted that the owners of
the Williams property now claim the City has turned them down for connection to City services; Mayor
Youngman responded that, to date, they have not made application.
(12) Commissioner Brown asked about the status of the self-government powers ballot
issue, indicating a willingness to devote time to promoting it.
Mayor Youngman responded that a citizens' group is forming to promote this issue, and is
planning to develop a brochure and general information. She encouraged Commissioner Brown to talk
to City Attorney Luwe about the limited role that a Commissioner may play in the process.
( 13) Staff Attorney Cooper stated he has made some slight revisions to the preamble in
the interim urgency ordinance being considered by the Commission at next week's meeting.
Responding to Mayor Youngman, City Attorney Luwe stated that under the interim ordinance,
the Commission could include a size limitation, based on public testimony. He then stressed that the
. purpose of the interim ordinance is to allow time to study a specific issue.
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Commissioner Brown stated it was his impression that the interim ordinance would apply only
. to major developments, not home renovations.
Adjournment - 5:06 p.m.
There being no further business to come before the Commission at this time, "it was moved
by Commissioner Frost, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Kirchhoff, Commissioner Smiley, Commissioner Brown and Mayor Youngman; those
voting No, none.
MAR~~:J::r:;:r
ATTEST:
~J~
ROBIN L. SULL AN
Clerk of the Commission
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09-25-2000
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