HomeMy WebLinkAbout2007-03-19 Minutes, City Commission
LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
March 19, 2007
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The Commission of the City of Bozeman met in the Community Room, Gallatin County
Courthouse, 311 West Main Street, on Monday, March 19,2007 at 6:00 pm. Present were Mayor
Pro Tern Kaaren Jacobson, Commissioner Sean Becker, Commissioner Jeff Rupp, Commissioner
Steve Kirchhoff, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Planning
Director Andy Epple, Assistant Planning Director Chris Saunders, Assistant City Attorney Tim
Cooper, and Deputy City Clerk Cynthia Jordan Delaney.
0:05:27 A. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse, 311
West Main
Mayor Pro Tern Jacobson called the meeting to order at 6:00 pm.
0:05:28 B.
Pledge of Allegiance and Moment of Silence
0:06:20 C. Public Service Announcement - Bozeman Planning and Community Development
Annual Report (Epple)
Director of Planning Andy Epple presented the Planning Dept. 's 2006 Annual Report and informed
the public that it is available online at www.bozeman.net.
0:09:00 D.
Authorize the Absence of Mayor Krauss
0:09:01 Motion and Vote to authorize the absence of Mayor Krauss.
It was moved bv Cr. Becker. and seconded bv Cr. Rupp. to authorize the absence of Mavor
Krauss.
Those votinf! Ave beinf! Crs. Becker. Rupp. Kirchhoff. and Mavor Pro Tern Jacobson.
Those votin!! No bein!! none.
The motion carried 4-0.
0:09: 19 E.
Minutes - February 22, 2007 Special Meeting
0:09:19 Motion and Vote to approve the minutes of February 22, 2007.
It was moved bv Cr. Rupp. and seconded bv Cr. Kirchhoff. to approve the minutes of
Februarv 22. 2007 as submitted.
Those votin!! Ave bein!! Crs. Rupp. Kirchhoff. Becker. and Mavor Pro Tern Jacobson.
Those votin!! No bein!! none.
The motion carried 4-0.
0:09:38 F.
Consent
1. Authorize Payment of Claims (LaMeres)
2. Authorize Mayor to sign Loyal Garden Major Subdivision Findings of Fact and Order (Sanford)
3. Authorize Mayor to sign Bozeman Certified Local Government Grant Agreement for 2007-2008
#21630 (Bristor)
4. Provisionally Adopt Ordinance 1699, Municipal Infraction Ordinance-Parking (Luwe)
5. Approve Special Permit for the Montana Telemark Corporation to sell beer and wine (Clark)
6. Authorize City Manager to sign Ace Owenhouse Public Access Easement (Johnson)
7. Authorize City Manager to sign Release & Reconveyance of Easement from City of Bozeman to
Bozeman Deaconess for a sewage lagoon (Murray)
*8. Authorize City Manager to sign 2007 Greater Bozeman Area Transportation Plan Update
Professional Services Agreement (Murray) REMOVED
9. Acknowledge the applicant's request to withdraw Buffalo Wild Wings Conditional Use
Permit/Certificate of Appropriateness Application #Z-06209 (Krueger)
0:09:50 Cr. Rupp
Cr. Rupp asked staff questions about Consent item #4 [Provisionally Adopt Ordinance 1699,
Municipal Infraction Ordinance-Parking (Luwe)]. He noticed that parking fees are $50 for the first
infraction, and he asked if parking fines are going to $50 for the first parking ticket in Bozeman.
0: 10:20 Chris Kukulski, City Manager
Mr. Kukulski stated that he hoped it was a not-to-exceed figure for the Parking Commission to
determine what the fees would be. He searched his digital packet for the actual numbers.
0: 10:37 Cr. Rupp
Cr. Rupp asked if they worked with the Parking Commission on developing this. He noticed the
absence of specific legislation relating to the boot.
'~.
0: 10:53 Mr. Kukulski
Mr. Kukulski stated that the boot ordinance is a separate ordinance which has been drafted and
gone back and forth between the Parking Committee and the Police Dept. and Legal Dept. It is in
the works..
0: 11 :33 Tim Cooper, Assistant City Attorney
Mr. Cooper confirmed that the ordinance indicates that the civil penalty is still a range for parking
fines (not less than $15).
0:12:05 Cr. Rupp
Cr. Rupp stated that he wanted to move the Consent item #4 on second reading. He wanted to
separate out Consent item #8 as a separate motion.
0: 12:27 Motion and Vote to approve Consent items (1-7, 9) with the exception of #8.
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It was moved by Cr. Kirchhoff. and seconded bv Cr. Becker. to approve Consent items (1-7.
9) with the exception of #8.
Those votine Ave beine Crs. Kirchhoff. Becker. Rupp. and Mayor Pro Tem Jacobson.
Those votine No beine none.
The motion carried 4-0.
0: 12:45 Motion to approve Consent item #8.
It was moved bv Cr. Becker. and seconded bv Cr. Rupp. to approve Consent item #8.
0:12:51 Cr. Rupp
Cr. Rupp voiced his disapproval with the transportation plan contract that cost approximately
$45,000, and stated that the City is only getting $14,000 worth of direct service work out of it. He
stated that that kind of overhead administrative rate is unacceptable to him.
0: 13: 11 Cr. Becker
Cr. Becker stated that he had a hard time with the process for how this agreement was done--not
consulting the Impact Fee Committee. The Impact Fee Advisory Board was disappointed to be left
out of the equation.
0:14:00 Mayor Pro Tern Jacobson
Mayor Pro Tem Jacobson stated that she has sympathy with Cr. Rupp's concerns about consulting
overhead. She thought it would behoove the City to review the number of consulting contacts and
analyze if the City might be better off with additional staff instead of hiring additional consultants.
0:14:39 Vote to approve Consent item #8.
rIt was moved bv Cr. Becker. and seconded bv Cr. Rupp. to approye Consent item #8.1
Those votine Ave beine Crs. Becker. Kirchhoff. and Mavor Pro Tem Jacobson.
Those votine No beine Cr. Rupp.
The motion carried 3-1.
0: 14:54 G. Public Comment
Mayor Pro Tern Jacobson opened public comment.
There was no public comment.
0: 15:38 H.
Action Items
0: 15:42 1. Gallatin Ice Foundation Request for Economic Development Funds for
Fairgrounds Ice Arena (Brey)
0: 15:52 Ron Brey, Assistant City Manager
Mr. Brey presented the funding assistance agreement for the use of $300,000 of Big Box Economic
Development Grant Funds by the Gallatin Ice Foundation.
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0:17:58 Mike Hope, Applicant
Mr. Hope, one of the Gallatin Ice Foundation's Fundraising Chairs, stated that although the
$400,000 federal appropriation didn't happen, $50,000 was secured from Freddie Mac. Total
pledges to date are about $260,000.
0: 19:02 Cr. Rupp
Cr. Rupp asked Mr. Hope if the language in the agreement under Conditions 3A could be changed
from "matching you with donations" to "dollars actually in the bank (cash raised)."
0:19:17 Mr. Hope
Mr. Hope stated that many pledges are multi-year, with the first part of the donation delivered now
and the rest to come later. He feels firm with donations to date, and he would be willing to show the
Commissioners the pledge forms.
0:20:57 Public Comment
Mayor Pro Tem Jacobson opened public comment.
There was no public comment.
0:21 :20 Motion to approve the grant of the Gallatin Ice Foundation request for Economic
Development Funds for the Fairgrounds Ice Arena.
It was moved bv Cr. Rupp. and seconded bv Cr. Kirchhoff. to approve the erant of the
Gallatin Ice Foundation request for Economic Development Funds for the Fairerounds Ice
Arena.
0:21 :43 Cr. Becker
Cr. Becker stated that it is a slightly dicey issue: one economic development project having a
greater value than another in a vacuum. The Commission took it upon themselves to review criteria
for the Big Box Economic Development Funds. In the future, those funds are likely to be a
revolving loan account for grants rather than for direct contributions. In terms of economic
development, making that investment into the fairgrounds is key. It makes a lot of sense to make a
destination attraction in that area.
0:23:20 Mayor Pro Tern Jacobson
Mayor Pro Tem Jacobson clarified that the Commission decided in October 2006 that this would be
approved, so the motion needed tonight is in relation to the funding assistance agreement.
0:23:45 Vote to approve the grant of the Gallatin Ice Foundation request for Economic
Development Funds for the Fairgrounds Ice Arena.
rIt was moved bv Cr. Rupp. and seconded bv Cr. Kirchhoff. to approve the erant of the
Gallatin Ice Foundation request for Economic Development Funds for the Fairerounds Ice
Arena.1
Those votine Ave beine Crs. Rupp. Kirchhoff. Becker. and Mayor Pro Tem Jacobson.
Those votin!! No beine none.
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The motion carried 4-0.
0:23:55 2.
(Saunders)
Story Mill Center/Wake Up Inc. Growth Policy Amendment #P-06070
0:24:47 Chris Saunders, Assistant Planning Director
Mr. Saunders presented the staff report about the Story Mill Growth Policy Amendment #P-06070.
He stated that the Planning Board unanimously recommended approval of this project. The criteria
have been met, and staff approves this plan.
0:37:41 Joe B. Sable, Applicant
Mr. Sable stated that the Commission's actions tonight have far-reaching implications for the future
of this development. The issue tonight is what is the appropriate use for the far corner of this
community. He hoped that the Commission will agree with the Planning Board away from
industrial use in that area. A DVD about the project was shown to the Commission and the public.
0:53:33 Puhlic Comment
Mayor Pro Tem Jacobson opened public comment.
0:53:51 [18:22:05] Tina Altamira - Public Comment
Ms. Altamira, who resides at 332 Morningside Way, is a relative newcomer to Bozeman. She
moved from a large metropolitan area because she couldn't stand the unbridled urban sprawl. They
sought a cleaner, better way of life in Bozeman. She says we have the responsibility to approach
growth with thought, care, and vision. Knowing we can't stop the growth, let's be mindful of how
and where we grow. She is concerned about losing Bozeman's great quality of life, and she stated
that we must work together to consider innovative alternatives like the Story Mill Project. She
encouraged the Commission to approve the Story Mill GP A.
0:56:20 Tom Noble - Public Comment
Mr. Noble, who resides at 401 N Church, voiced the concerns of himself and his neighbors in
regard to the traffic that will result from this development. With this development, it will be an
extra 900-1000 car trips per day on N Wallace. He asked how serious the City really is about
building a bypass. He wants to see traffic be discussed at every juncture. To him, traffic is the most
difficult problem associated with this development. He said many people in his neighborhood are
excited about the idea of this development, but they find developers to be dismissive about traffic.
He feels discouraged and thinks it's also the City's responsibility. He wants the City to get in front
of the problem rather than wait for it to get worse and worse.
0:59:04 Dan Fi1!l!ins - Public Comment
Mr. Figgins, who resides at 716 E Oak, stated that he is probably the closest house between here
and the development within the City. He has no problem with the GP A. He wants clarification
about Mr. Saunders' comment about "abandoned railroad right-of-way." When was it abandoned?
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1:00:19 John Carpenter - Public Comment
Mr. Carpenter, who resides at 1380 Story Mill Rd., just returned from a trip to Portland, Seattle,
and Vancouver. He spent a fair bit of time looking at the urban parts of town. He saw extraordinary
brown fields development and redevelopment of old industrial areas into wonderful examples of
mixed use light commercial and residential properties. He thinks the Story Mill project is a great
example of that. It would be a tremendous asset to Bozeman and the NE part of town, to have a
place to walk to for services. It is a great start for what the City would like to be in the next 20
years.
1:01 :37 Katherine "Wren" Beatty - Public Comment
Ms. Beatty, who resides at 304 S 9th, stated that she thinks the Story Mill Project is a neat idea and
hopes it is built sustainably. She added that she thinks recycling is a very important issue, she said
Montana is one of the last in the nation, and she has determined that people are willing to pay for it.
She wants to begin a ballot initiative or petition for recycling.
1 :04:09 Mike Storr - Public Comment
Mr. Story, from Emigrant, MT, stated that his great-great-grandfather started Story Mill. He has
watched it degrade all of his life. He thinks this project will help clean up the community around
there, look really good, and not put urban sprawl in farms and ranches around there.
1 :04:58 Taylor Lonsdale - Public Comment
Mr. Lonsdale, who resides at 611 S 14th Avenue, expressed his support for the concept of the
project, saying it is an ideal use for the property. He voiced concerns about traffic, wanting to
address the traffic issue up front in early planning stages. He stated that all benefits that can be
reaped from this project are linked to the connectivity to town, and he doesn't see those issues being
addressed. He asked about what will be used for pedestrian corridors and how people will interact
with this new node of town and downtown.
1 :05:53 Kaylin Magby - Public Comment
Ms. Magby read an excerpt from a letter included in the packet written by a young Bozeman
couple. The letter discussed the Story Mill project as a great economic opportunity and expressed
support for intelligent and green growth.
1 :07:34 Molly Bedinski - Public Comment
Ms. Bedinski, who resides at 1907 W Dickerson #5, is a recent MSU resident trying to make it in
Bozeman. She works full-time on Main Street, and she would really like to buy a home, but she
can't find a home she can afford. She said that the Story Mill project sounds like something she can
afford and somewhere she wants to live. She stated that Bozeman needs options like this for people
like her, and asked the Commission to consider the needs of recent MSU graduates who want to
build a future in Bozeman.
1 :08:33 Public Comment closed.
Mayor Pro Tem Jacobson closed the public comment.
1:23:22 Motion and Vote to approve the Story Mill Center/Wake Up Inc. Growth Policy
Amendment.
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It was moved bv Cr. Kirchhoff. seconded by Cr. Becker. to approve the Story Mill
Center/Wake Up Inc. Growth Policy Amendment.
Those votine Ave beine Crs. Kirchhoff. Becker. Rupp. and Mavor Pro Tem Jacobson.
Those votine No beine none.
The motion carried 4-0.
1:24:15 3. Baxter Meadows Planned Unit Development/Zone Map Amendment #Z-07011
(Saunders)
1:25:46 Mr. Saunders
Mr. Saunders presented the staff report for Zone Map Amendment #Z-07011, a request to change
the zoning on approx. six acres located SW of Baxter Lane and Davis Lane. He stated that staff
recommends conditional approval with two contingencies (listed in the staff report).
1 :29:52 Harley Heustis, Applicant
Mr. Heustis, of PC Development, is representing property owners of the ZMA: Baxter Meadows
property owners Jerry Williams and Gallatin County. He stated that Mr. Williams' vision was a five
acre donation for building a YMCA. The YMCA requested that they be on the same side of
Vaquero as the park. There was a new boundary conceived so that the YMCA can use the regional
park and not cross the street.
1 :41 :03 Pat Estes, CEO of Gallatin Valley YMCA
Mr. Estes, CEO of Gallatin Valley YMCA, asked for the Commission's support in the boundary
realignment. This has been a conversation with the Williams family and the YMCA over seven
years. He stated that Mr. Williams is on their side; the boundary realignment is on their side. He
wanted to keep this moving forward.
1:43:13 Motion to approve Baxter Meadows Planned Unit Development/Zone Map
Amendment #Z-07011.
It was moved bv Cr. Becker. seconded bv Cr. Rupp. to approve Baxter Meadows Planned
Unit Development/Zone Map Amendment #Z-07011.
1:43:26 Cr. Rupp
Cr. Rupp offered thanks and appreciation for all the work and cost to put kids next to the park.
1:44:20 Vote to approve Baxter Meadows Planned Unit Development/Zone Map Amendment
#Z-07011.
rIt was moved bv Cr. Becker. seconded bv Cr. Rupp. to approve Baxter Meadows Planned
Unit Development/Zone Map Amendment #Z-07011.1
Those votine Ave beine Crs. Becker. Rupp. Kirchhoff. and Mavor Pro Tem Jacobson.
Those votine No beine none.
The motion carried 4-0.
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Contineencies:
1. That the applicant submit a zone amendment map. titled "Baxter Meadows PUD Zone
Map Amendment." on a 24" hv 36" mvlar. 8%" bv 11". or 8112" bv 14" paper exhibit. and a
dieital copv of the area to be zoned. acceptable to the Director of Public Service. which will be
utilized in the preparation of the Ordinance to officiallv amend the City of Bozeman Zonine
Map. Said map shall contain a metes and bounds leeal description of the perimeter of the
subiect propertv and zonine districts. total acreaee of the propertv.
2. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds leeal description prepared by a licensed Montana surveyor and
map of the area to be rezoned. which will be utilized in the preparation of the Ordinance to
officially amend the zone map.
1:44:36 4. Woodhaven Village Planned Unit Development/Conditional Use Permit
Modification #Z-0700S (Knight)
1 :47:05 Martin Knight, Assistant Planner
Mr. Knight presented the staff report for the W oodhaven Village PUD/CUP Modification #Z-
07005. This proposal requests to modify the Baxter Square PUD to allow an additional 12
residences on this property in this subdivision. The new owner wants to redevelop the property.
1:50:50 Jami Morris, Applicant
Ms. Morris, a land use planning consultant, represented the applicant Nick Palmer. She stated that
the purpose of the amendment is trying to provide 12 additional units. This doesn't constitute a
residential density bonus (it will still be maintaining the R-3 zoning minimum of 3,000 square feet).
With the additional 12 units, they will still be providing 3,600 square feet per unit, basically 12
units per acre net.
1:53:19 Public Comment
Mayor Pro Tern Jacobson called for public comment.
No person commented.
1:53:35 Motion and Vote to approve the Woodhaven Village Planned Unit
Development/Conditional Use Permit Modification #Z-0700S.
It was moved bv Cr. Rupp. seconded by Cr. Kirchhoff. to approve tile #Z-07OOS. the
Woodhaven Villaee Planned Unit Development/Conditional Use Permit Modification with the
conditions and code provisions outlined in the staff report.
Those votine Ave beine Crs. Rupp. Kirchhoff. Becker. and Mavor Pro Tem Jacobson.
Those votine No beine none.
The motion carried 4-0.
Conditions of Approval:
1. A fair market appraisal shall be provided for the calculation of cash-in-lieu of parkland.
This appraisal shall be for the fair market value of un-subdivided. un-improved. annexed.
and zoned propertv. This appraisal shall be no sooner than 90 days prior to the submittal for
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Final Site Plan approval.
2. Porches. decks. stoops. and similar features mav not encroach more than 5' into the
required front vard setback. The Final Site Plan submittal materials must reflect this.
3. Items to be removed (i.e. house and landscapine) shall not be included on the Final Site
Plan for Final Site Plan submittal.
4. Trees to be preserved shall be clearlv depicted on the Final Site Plan submittal materials.
Shall anv of the trees be damaeed or destroved durine construction: a similar species of tree
with a minimum caliper of 2" shall be planted in its place. The landscapine plan for Final Site
Plan submittal shall include this lanS!Uaee.
5. The southernmost access approach does not satisfv access separation standards of Section
18.44.090.D.3 of the Unified Development Ordinance. Access deviation materials outlined
in Section 18.44.090.H.3 must be provided in their entiretv and approved prior to final site
plan approval.
6. The existine on-site well and septic system shall be abandoned per Gallatin Citv-County
Health Department and MDEQ reS!Ulations. The existine well mav continue to be utilized
for site irrieation but shall be disconnected for potable use.
1 :54: 10 5.
Kagy Gardens II Zone Map Amendment #Z-07013 (Bristor)
1 :57:28 Allyson Bristor, Associate Planner and Historic Preservation Planner
Ms. Bristor presented the staff report about the Kagy Gardens II Zone Map Amendment #Z-07013.
She stated that the applicant has come back to the Commission requesting R-l zoning (after he
requested an R-2 zoning but was granted an R-S zoning in October 2006). The staff finds R-l in
compliance with the Creek Neighborhood Plan and the Bozeman 2020 Growth Plan. Staff
recommends approval of the R -1 zoning with three contingencies.
2:02:02 Jerry Smania, Applicant
Mr. Smania stated that at the time R-S zoning was granted, they weren't privy to the major wetlands
on the property, and they had the wetlands mapped. Even though the wetlands occur on other
people's property, he must respond to them with setbacks. With all setbacks, only 24.6 percent of
acres are left to create five small R-l10ts. He wondered what zoning would be most appropriate.
2:07: 18 Tom Stonecipher, Applicant
Mr. Stonecipher has been working with Mr. Smania and others on this plan. He wanted to address
the comments and objections of the neighbors; one of the reasons these lots are before Commission
as R-l lots now is because of Magdalena Bowen's and other neighbors' concerns about the
character of the neighborhood.
2: 12:39 Public Comment
2: 12:56 Brian Caldwell - Public Comment
Mr. Caldwell, who resides at 733 S Tracy, spoke specifically to the project referenced to the east
that previously had received R-2 zoning. He feels there seems to be a need to safeguard against
unintended consequences of poor design and poor follow through (once given a certain zoning
designation). What happens if the applicant is gone and the property gets sold three times over?
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The end result of this application (granting R-l) would safeguard against unforeseen or unintended
future consequences.
2:17:32 Motion to approve a municipal zoning designation of "R-l" for Kagy Gardens II
Zone Map Amendment.
It was moved by Cr. Kirchhoff. seconded bv Cr. Becker. to approve a municipal zonine
desienation of "R-l" for Kaey Gardens II Zone Map Amendment subiect to the
contineencies listed in the staff memo.
Contineencies:
1. That the ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds leeal description and a map of the area to be re-zoned. which
will be utilized in the preparation of the ordinance to officiallv amend the Citv of Bozeman
Zonine Map.
2. That the ordinance for the Zone Map Amendment shall not be adopted until the Resolution
of Annexation is completed and adopted bv the Citv Commission. If the annexation is not
approved. the application shall be void.
3. That the applicant submit a zone amendment map. titled "Kaey Gardens II Zone Map
Amendment." on: 1.) a 24" x 36" mvlar: 2.) an 8%" bv 11": or 81/2" by 14" paper exhibit:
and 3.) a dieital copv of the area to be zoned. acceptable to the Plannine Office. which will
be utilized in the preparation of the Ordinance to officiallv amend the Citv of Bozeman
Zonine Map. Said map shall contain a metes and bounds leeal description of the perimeter
of the subiect propertv. description of the boundaries of each specific zonine desienation.
total acreaee of the propertv. acreaee of each specific zonine desienation. and adioinine
riehts-of-wav and/or street access easements.
2:25:09 Vote to approve a municipal zoning designation of "R-l" for Kagy Gardens II Zone
Map Amendment.
rIt was moved bv Cr. Kirchhoff. seconded bv Cr. Becker. to approve a municipal zonine
desienation of "R-l" for Kaev Gardens II Zone Map Amendment subiect to the
contineencies listed in the staff memo.1 (See contineencies listed above.)
Those votine Ave beine Crs. Kirchhoff and Becker.
Those votine No beine Cr. Rupp and Mayor Pro Tern Jacobson.
Mayor Krauss will break the 2-2 tie on March 26. 2007.
2:25:34 Break
2:40:00 6. City Hotel and Residence Club Site Plan/Certificate of
Appropriateness/Deviations #Z-06287 (Bristor)
2:40:02 Ms. Bristor
Ms. Bristor presented the staff report for the City Hotel and Residence Club Site PlanlCOA with
Deviation Application #Z-06287. Planning staff requests denial of the height deviation but supports
the street vision triangle. She stated that the architectural detailing and high quality of materials are
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the high points to this proposal. The Design Review Board completed their review of the
application on February 26, 2007 and recommended approval of the project in a 5-2 vote modifying
the conditions originally recommended by ADR staff and allowing the deviation for height. After a
thorough review, Planning and ADR staff does not recommend support of the requested height
deviation. Staff recommends a reduction in building height to 55 feet or lower; it would provide a 4
story building. She asked that if the Commission chooses to support the height deviation, Planning
staff strongly recommends that one of the additional design conditions be added to the DRB's
recommended conditions of approval.
2:58:40 Cr. Kirchhoff
Cr. Kirchhoff stated that it is such a long building that the mass overwhelms all the other decorative
attempts to break up the mass. He thinks the mass, heaviness, and density overwhelms the vertical
elements. It isn't a lively enough building for him. It's huge--bigger than the Baxter Hotel. He stated
that a building of this size and scale will be a tone-setter, and a life-setter, and he suggested that the
Commission should do what they can to encourage excellent design.
3:03:20 Thomas Mosser, Applicant
Mr. Mosser, who resides at 120 W Main Street, stated that the City Hotel and Residence Club is
life downtown. He said that the Design Review Board voted 5-2 in support of his application as
submitted without modifying his building. Downtown business and property owners
overwhelmingly support his project. He stated that the City Manager, Director of Planning and
Community Development, and staff have expressed their intent to kill his project. He introduced a
DVD clip of the Design Review Board (DVD sound problems needed to be fixed before playing).
He stated that the City Commission has only gone against the Design Review Board once.
3:20:58 Public Comment
3:23:33 John Belshaw - Public Comment
Mr. Belshaw, who resides on Gardner Park Drive, stated that he thinks that the design of this
building would be a real jewel in downtown Bozeman. He thinks very effectively the height is
mitigated by the design elements at each floor. He is a voice for keeping the design the way it is
and is in alignment with the Design Review Board. He walks Main Street every day, and he has a
great awareness of the eyesore that will be taken care of after 47 years. He says the bottom line is
that the Design Review Board approved this in toto 5-2.
3:24:51 David Smith - Public Comment Letter read bv Mr. Mosser
David Smith, President and CEO of the Bozeman Area Chamber of Commerce, wrote that "the
Chamber believes that downtown--and indeed all of the Gallatin Valley--would be well-served with
the development of such a property. . . . Bozeman has a reputation for top-flight development, and a
review of the conceptual plans for the City Hotel and Residence Club appears to meet that test."
3:26:41 Steven Wheeler - Public Comment Letter read bv Mr. Mosser
Mr. Wheeler, President of First Interstate Bank, wrote, "We are firm believers in redevelopment
and enhancement to our Downtown. Thomas Mosser's proposed City Hotel & Residence Club
appears to be a consistent building in its design for downtown Bozeman. . . . We look forward to
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having such a building as the City Hotel & Residence Club as a neighbor."
3:27:25 Buz Cowdrey - Public Comment reported bv Mr. Mosser
Mr. Mosser reported that he spoke with Buz Cowdrey in Arizona, who owns the land upon which
the First Interstate Bank building is built, and Mr. Cowdrey authorized Mr. Mosser to tell the
Commission that he supports Mr. Mosser's project.
3:27:39 Ronald Farmer - Public Comment Letter read bv Mr. Mosser
Mr. Farmer, President of First Security Bank, wrote, "We feel that the concept and design of the
proposed City Hotel and Residence Club would be a beneficial addition to downtown Bozeman.
The design appears to be consistent with the architecture of the area and complimentary to other
downtown buildings."
3:28:14 Michael Delanev - Public Comment Letter read bv Mr. Mosser
Mr. Delaney, of Delaney & Company Real Estate Investments, wrote, "Please be advised that we
believe this newly planned hotel by our friend, Thomas Mosser, will be a fantastic addition to
Downtown Bozeman. Design: We, lleana and I, feel the design is reminiscent of the Art Deco Era
and will fit in beautifully with our courthouse and adjacent buildings."
3:28:44 David Loser, - Public Comment Letter read bv Mr. Mosser
Mr. Loseff, of Baxter Main LLC, wrote, "As the owner of the majority of the Baxter Hotel and its
commercial operations, I want to express my full support for Mr. Thomas Mosser's plans for
building the City Hotel & Residence Club at the site of the Imperial Inn. . . . Mr. Mosser's proposed
plans are elegant and in keeping with the history and architectural design of our area."
3:29:25 Charles Bassett - Public Comment Letter read bv Mr. Mosser
Mr. Bassett, Manager of Burger Bob's, wrote, "I support the redevelopment of the Imperial Inn by
Thomas Mosser. The designs for the new building fit in with the surrounding downtown area."
3:29:43 Rov Lee - Public Comment Letter read bv Mr. Mosser
Mr. Lee, Owner of 18 Miles to the Border, wrote, "We support Thomas Mosser's proposed City
Hotel & Residence Club."
3:30:24 Kevin Williams - Public Comment Letter read bv Mr. Mosser
Mr. Williams, Owner of Williams Clothier, wrote, "I hope that you will give Tom Mosser your
support in his plans to build the City Hotel and Residence Club. I think Tom has put together a
fantastic model for his new building. I feel this will benefit our community, and most importantly,
our downtown."
3:30:47 Dan and Aimee Gerharter - Public Comment Letter read bv Mr. Mosser
Mr. and Mrs. Gerharter, of Wild Joe's Organic Coffee and Tea House, wrote, "We would like to
voice our support for Thomas Mosser's City Hotel & Residence Club. There is room and a need for
an upscale place to stay in downtown Bozeman, and we believe Mr. Mosser's project will only
enhance our unique community, and promote Bozeman."
3:31:24 Mike Hope - Public Comment Letter read bv Mr. Mosser
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Mr. Hope, of Rocking R Bar, wrote, "I am writing this letter in support of Thomas Mosser's project.
If completed to the submitted plan, it would add to Downtown Bozeman's viability."
3:31:40 Tyler Hill. Public Comment Letter read by Mr. Mosser
Mr. Hill, Owner of John Bozeman's Bistro, wrote, "We, Carla and I, would like you to know that
we wholeheartedly support Thomas Mosser's proposed City Hotel & Residence Club. . . . We look
forward to having this beautiful new hotel across the street from us!"
3:32:47 Tyler Hill- Public Comment
Mr. Tyler stated that he has worked with Thomas Mosser for a long time. He has many reasons for
his support. He thinks the beauty of the building with the height and the length is proportionate. He
stated that Mr. Mosser has hired some of the best people and architects in the business. He thinks
cutting one floor would change it drastically, and he gives his vote for the building as it stands.
3:34: 17 Roger Robichault - Public Comment
Mr. Robichault has lived in Bozeman since 1980, and he selected Bozeman for its downtown. He
has an appreciation for this building. He stated that the building is a whole, a unit, and to cut it up
in pieces or to knock a piece off the top or recess the facade will destroy it as an architectural unit.
It would have to be started allover again. He said that he doesn't feel the bulk of the building at
floor level or even one mile away.
3:36:36 Public Comment closed.
Mayor Pro Tem Jacobson closed the public comment.
3:36:53 Mr. Mosser
Mr. Mosser played a DVD of the City Commission meeting from September 18,2006 and offered
final statements urging support for his project.
3:59:20 Suspension of the Rules of Procedure to extend the meeting.
Mayor Pro Tem Jacobson suspended the Rules of Procedure to extend the meeting to 10:30 pm.
3:59:50 Motion Language
It was moved by Cr. Becker to approve the City Hotel and Residence Club Site Plan and Certificate
of Appropriateness Application as conditioned by staff eliminating 16A.
4:00:20 Mr. Mosser
Mr. Mosser interrupted to tell Cr. Becker not to make any motion (ifthere are conditions). He didn't
want any motion that changes the hotel.
4:00:43 Motion Language
Cr. Becker moved to approve the City Hotel and Residence Club Site Plan and Certificate of
Appropriateness Application as conditioned by staff eliminating item 16A which would grant the
variance for height.
4:01:12 Mayor Pro Tem Jacobson
Mayor Pro Tem Jacobson asked Cr. Becker if his motion would grant the variance for height.
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4:01:18 Motion Language
Cr. Becker clarified that his motion is as the applicant submitted recommended by DRB.
4:01:31 Mayor Pro Tern Jacobson
Mayor Pro Tern Jacobson clarified that the motion didn't have Condition A or B.
4:01 :49 Cr. Becker
Cr. Becker restated the motion language will be "as approved by DRB."
4:01:53 Cynthia Jordan Delaney, Deputy City Clerk
Ms. Delaney asked Cr. Becker for clarification of the motion language: recommending it with the
extra height deviation?
4:02:02 Mr. Epple
Mr. Epple clarified that Cr. Becker is moving to approve as recommended by the Design Review
Board.
4:02:07 Motion to approve the City Hotel and Residence Club Site Plan and Certificate of
Appropriateness Application.
Cr. Becker moved to approve the Citv Hotel and Residence Club as recommended bv the
Desien Review Board. with no conditions as the applicant wanted.
4:02:18 Mayor Pro Tern Jacobson
Mayor Pro Tern Jacobson asked Cr. Becker to explain why he didn't want to add Condition A or B.
4:02:30 Cr. Becker
Cr. Becker replied that this iterative process has shaped a structure that makes sense. He stated that
the massing of the building didn't strike him as obtrusive. He thinks it is an elegant entry and
structure, the massing is broken up through architectural features, and that five stories isn't too high.
He thinks there should be a 55 foot minimum on Main Street. If the City wants to continue to have
a successful downtown urban core, the Commission needs to make sure that investments can still
come in without the City being perceived as obstructive. In this particular application, the
applicant's concerns outweigh the staffs right now. He believes the building is at risk. He doesn't
believe the subtle variations in the facade would make a substantial difference (but it would make a
substantial difference to the developer).
4:05:06 Cr. Rupp
Cr. Rupp said he would pass on seconding the motion.
4:05:09 Motion Seconded to approve the City Hotel and Residence Club Site Plan and
Certificate of Appropriateness Application.
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Cr. Kirchhoff seconded the motion to approve the Citv Hotel and Residence Club Site Plan
and Certificate of Appropriateness Application as recommended bv the Desien Review
Board. with no conditions as the applicant wanted.
4:05: 13 Cr. Becker
Cr. Becker stated that the Commissioners don't actually have an example other than seven lines on
a piece of paper with three X's through it (from Ms. Bristor) of the types of variations expected of
the developer. Where the Commissioners have the developer's drawing, they can see the archways,
the stonework, the way the streetscape works, and he believes it works. He stated that it doesn't
make any sense to change it at this point.
4:05:45 Mayor Pro Tern Jacobson
Mayor Pro Tem Jacobson stated she is inclined to agree with Cr. Becker. She likes what she sees
here, and she thinks it will be fantastic addition to that end of downtown.
4:06:23 Cr. Rupp
Cr. Rupp stated that he has to be aware that this is probably the first major height-wise structure
since the Baxter in 1929. He doesn't take the importance of that decision lightly in terms of its
significance. He has seen the structure change over time, and he agrees the Commission can have
conversations about structural changes. When talking about Main Street and the significance of this
decision, he sides with staff. He said this is something we'll be living with for a large number of
years.
--~ ~ ;..~:;-.,~
Those votinf! Aye beine Cr. Becker and Mayor Pro Tem Jacobson~---:: ;...--:_ .-.,
Those votine No beine Crs. Rupp and Kirchhoff. ' '" - . .
Mavor Krauss will break the 2-2 tie on March 26. 2007. ~ - " ~
4:07:48 Cr. Kirchhoff
Cr. Kirchhoff asked if that is the way the Commission is compelled to leave it.
4:07:59 Tim Cooper, Assistant City Attorney
Mr. Cooper said that the Commission can't reconsider the action because the Commission hasn't
fully disposed of it yet. It has been set up for the required vote.
4:08:38 Cr. Becker
Cr. Becker clarified that the Commission will dispose this motion either way Mayor Krauss votes.
He wanted to know how the Commission could do it so that they can have a discussion when
Mayor Krauss returns.
4:09:07 Chris Kukulski, City Manager
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Mr. Kukulski stated that if Mayor Krauss votes in the affirmative, it would pass 3-2. If he votes
against, a Commissioner can put a subsequent question on the table to do something else.
4: 10:02 Mayor Pro Tem Jacobson
Mayor Pro Tern Jacobson clarified for the public that Mayor Krauss will cast the tie-breaking vote
when he returns on March 26, 2007. If he votes yes, it is settled. If he votes no, it's possible to have
a substitute motion.
4: 10:36 Mr. Kukulski
Mr. Kukulski added that there will not be a presentation by staff or the applicant, and there will be
no discussion.
4: 11 : 34 I.
FYIIDiscussion
4: 11 :55 Mr. Kukulski
Mr. Kukulski affirmed that the $50-$100 ticket is parking in a fire lane (Consent item #4).
4: 14:30 J. Adjournment
Mayor Pro Tern Jacobson adjourned the meeting at 10: 15 pm.
PREPARED BY:
Cynt elaney, Deputy Cit
Approved on 'If ~ jl 0'1-
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