HomeMy WebLinkAbout1998-03-16 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
March 16, 1998
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. The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, Monday, March 16, 1998, at 3:00 p.m. Present were Mayor Stiff,
Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman,
City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe and Clerk of the
Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes - Februarv 23. 1998
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
. minutes of the meeting of February 23, 1998, be approved as amended. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Smiley,
Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those
voting No, none.
Ordinance No. 1463 - revising various sections of ChaDter 6.04 and Section 12.26.030 of the
Bozeman MuniciDal Code pertaining to animal control
Included in the Commissioners' packets was a revised version of Ordinance No. 1463,
as approved by the City Attorney, and entitled:
ORDINANCE NO. 1463
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED
. BY ORDINANCE NO. 1446, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED
IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY REVISING SECTIONS
6.04.010, 6.04,070, 6.04.110, AND 6.04.130; PROVIDING FOR REVISIONS TO
THE DEFINITIONS; RESTRAINT
AND CONFINEMENT; NUISANCES, AND
REDEMPTION REQUIREMENTS FOR IMPOUNDED ANIMALS; AND FURTHER
AMENDED BY REVISING SECTION 12.26.030; PROVIDING FOR REVISIONS TO
PROHIBITIONS IN PUBLIC PARKS.
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Also included in the Commissioners' packets was a memo from City Attorney Luwe,
dated March 12, forwarding proposed amendments to the ordinance to bring the revisions
adopted at the March 2 meeting into compliance with the remainder of the code. Also, Staff
Attorney Cooper distributed copies of a proposed revision to the definition of "nuisance" to
. bring it into compliance with the other revisions that have been adopted.
City Attorney Luwe reviewed the proposed revisions, suggesting that the Commission
include these in the final adoption of the ordinance.
Commissioner Frost expressed his concern about this ordinance, as provisionally adopted,
characterizing it as a "Draconian" law. He stated that this ordinance will make every park in
the city off limits to dogs or cats playing off leash, and further requires that all dogs and all cats
be on leashes at all times in the entire city. He stressed that the purpose of revisiting the dog
ordinance was to provide for a little leniency for those with non-nuisance animals, and he has
problems with this ordinance, which actually increases pressure on those people.
Commissioner Rudberg stated that she views this ordinance as ensuring the safety of the
residents in the community, particularly the children. She recognized it is unfortunate that
. irresponsible pet owners have caused problems for those who are responsible. She stated,
however, it is far easier to enforce an ordinance with very specific requirements, rather than
an ordinance with flexibility, which then requires judgment and subjectivity in enforcement.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission finally adopt Ordinance No. 1463, as revised to include the changes to Sections
6.04.010.J.2., 6.04.010.M. and 6.04.070.B. as forwarded by the City Attorney's office,
revising various sections of Chapter 6.04 and Section 12.26.030 of the Bozeman Municipal
Code pertaining to animal control. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Rudberg, Commissioner Smiley and Mayor Stiff; those voting
No being Commissioner Frost and Commissioner Youngman.
. Conditional Use Permit - Locati Architects for Doren. 1.1.C. - allow construction of two 4.780-
sauare-foot classroom facilities and a 9.280-sauare-foot gymnasium at private elementarv
school on Lots 2 and 3. Block 1. North Meadows Subdivision - Learning Circle School. Phase
II (3001 West Villard Street) (Z-9805)
This was the time and place set for review of the Conditional Use Permit requested by
Locati Architects for Doren, L.L.C., under Application No. Z-9805, to allow construction of two
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4,780-square-foot classroom facilities and a 9,280-square-foot gymnasium at a private
elementary school located on Lots 2 and 3, Block 1, North Meadows Subdivision. The subject
property is more commonly located at 3001 West Villard Street.
Associate Planner Chris Saunders reviewed the written staff report, a copy of which had
. previously been distributed to the Commission. He reminded the Commission that Phase I of
the Learning Circle School was constructed last summer, concurrent with installation of the
infrastructure improvements. He stated that under this application, two more classroom
buildings and a gymnasium are to be constructed.
The Associate Planner stated that staff has reviewed this application in light of the six
criteria set forth in the zone code. He noted that the staff's comprehensive findings
are
contained in the written staff report. He stated that staff identified some concerns, primarily
revolving around parking. He noted that during its public hearing on March 3, 1998, the
Planning Board concurred with those concerns. He then indicated that the
Planning Board
revised Condition Nos. 6 and 13 as contained in the staff report, and City Attorney Luwe has
expressed concern about Condition No.6 as forwarded by the Planning Board.
. City Attorney Luwe noted that on the last page of the staff report, staff suggests that
use of the gymnasium is to be limited to students of the Learning Circle School only.
He
stated, however, that the condition recommended by the Planning Board simply requires that
the gymnasium not be used for special events or other uses which cause a need for more
parking than is provided on site. He questioned how this condition is to be enforced, noting
that at the time of a violation of this condition, it may be difficult to determine if the event
caused the need for more parking than is provided on site.
Responding to Commissioner Smiley, the City Attorney stated he has no problem with
removing the requirement that the gymnasium be used only during school hours.
He then
noted that the Learning Circle School may have a problem with limiting the use of the
gymnasium to students of the school only, since that will preclude other activities by the public
. in that facility. He then suggested that Condition No.6 be revised to require that the use of
the gymnasium be limited to use by the students only, with an added sentence which requires
that if any other uses are allowed, then sufficient parking must be provided on site.
Mayor Stiff stated that gymnasiums are so scarce in the community that their use by
others should be allowed whenever possible.
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City Attorney Luwe stressed that the key issue in this instance is insufficient parking,
and that issue must be balanced with effects on the neighborhood and safety.
Responding to Commissioner Frost, Associate Planner Chris Saunders stated that, as a
result of the concerns raised in the staff report and during the Planning Board hearing, the
. applicant's architect has prepared a revised set of plans, and they have been posted so the
Commission can see the proposed changes. He cautioned that, until the final site plans have
been submitted for review and final approval, the plans may continue to change.
Responding to Commissioner Smiley, Mr. Bob Gilbert, Locati Architects, stated that one
of the Planning Board's concerns was the fact that there was not enough open space or play
area on the site. He stated that, in response to that concern, they changed the configuration
of the school from three buildings of two classrooms each to two buildings of three classrooms
each. He noted that the resulting open space is reflected in the revised plan that has been
posted.
Mr. Michael Liebelson, managing member of Doren, L.L.C., thanked the Commission for
previously approving the construction of the first building in this phased school project.
He
. noted that they currently have fifty students and a waiting list for next year. He stated that
he was present at the Planning Board meeting, where the concerns about open space and
interior traffic circulation were discussed. He forwarded his position that the revised
plan
addresses those concerns. He stated the corporation has only adequate monies at this time
to construct approximately one-half of the gymnasium, with an additional classroom being
constructed next year and the new classroom building being constructed the year after.
Mr. Liebelson addressed Condition No.6, and the concerns raised by City Attorney
Luwe. He noted that he had originally thought the gymnasium should be available to both the
Learning Circle School students and the community. He stated that, because of the parking
constraints, the Planning staff recommended that use of the gymnasium be limited to students
only, and he was satisfied with that requirement. He then noted the Planning Board felt that,
. because of the lack of availability of this type of space, its use by other entities should be
allowed, but the City Attorney is now once again suggesting that its use be limited because
of the parking constraints. He then stated that he is willing to accept the Commission's
decision either way on this issue, stressing the important part to him is that a gymnasium be
available to the students and, preferably, their families.
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Responding to Commissioner Youngman, Associate Planner Chris Saunders stated that
the original recommended condition resulted from a review of the table setting forth the
minimum parking requirements for public assembly space without fixed seating, which requires
one parking space per 21 square feet of available space. He noted that, on that basis, over
. 400 parking spaces would be required to meet code, or the applicant would be required to seek
a gO-percent variance to allow the use of the facility with only the number of parking spaces
being provided on site.
Responding to Commissioner Smiley, City Attorney Luwe stated he raised the issue
because it is unclear from the way Condition No. 6 is currently written whether families or
visitors are included. He cautioned that if the Commission wishes to allow families to use the
gymnasium, it must take into consideration the affect on the neighborhood and the safety and
general welfare of the community. He noted that parking is one of the issues to be considered
in that balancing test.
Responding to Commissioner Rudberg, Associate Planner Saunders stated that the school
currently has a total of six parking spaces, which exceeds the 1 % spaces per classroom
. required under the code. He stressed that the crux of the issue is the ability to handle
the
parking for a large assembly in the gymnasium.
Mr. Liebelson stated that when the school is completed, it will accommodate 150
students. He stated that they do not intend to use the gymnasium for assemblies, but as a
gymnasium for the students. He then suggested that there is room for temporary parking on
the site at the present time, and there is some on-street parking available. He recognized that
if parking becomes a problem, it may be necessary to bus parents to and from the site for large
activities. He then reiterated that the primarily purpose of the facility is to provide for athletics
for the students during the school day.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve the Conditional Use Permit requested by Locati Architects for Doren,
. L.L.C., under Application No. Z-9805, to allow construction of two 4,780-square-foot
classroom facilities and a 9,280-square-foot gymnasium at a private elementary school located
on Lots 2 and 3, Block 1, North Meadows Subdivision, subject to the following conditions:
1. The right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed on the Conditional
Use Permit procedure;
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2. That all of the special conditions shall constitute restrictions running with
the land use and shall be binding upon the owner of the land, his
successors or assigns;
3. That all conditions specifically stated under any Conditional Use listed in the
zoning ordinance shall apply and be adhered to by the owner of the land,
successors or assigns;
. 4. That all of the special conditions required by the City Commission shall be
consented to in writing by the applicant.
5. As-built drawings for the water and sewer improvements installed with the
subdivision shall be provided to and approved by the City Engineering
Division prior to final site plan approval. Sewer and water services shall be
shown on the
final drawings and
approved by the Water/Sewer
Superintendent. City of Bozeman applications shall be completed by the
applicant. The location of existing water and sewer mains shall be clearly
depicted on the final site plan, as well as the location of fire hydrants within
500 feet of the site.
6. Use of the gymnasium shall be limited to use by students of the Learning
Circle School only.
7. The proposed buildings shall be rearranged to provide open areas for on-site
recreation for students. A minimum
of 10 percent of the gross lot area
shall be provided as a single block for student recreational purposes.
8. City standard sidewalks shall be installed and properly depicted at the
standard location (Le., 1 foot
off the property line) along the street
. frontage.
9. If the site is configured such that the two lots rely on each other for traffic
circulation or parking, a reciprocal access and/or parking easement, or other
instrument acceptable to the City Attorney and Planning Office, shall be
provided.
10. The final site plan shall include a table showing how the required landscape
points are achieved.
11. All parking lot lights, proposed and existing, shall comply with the original
approval final site plan which does not allow bulbs to protrude below the
bottom of the light.
12. If phasing of buildings is intended, the final site plan shall indicate the order
in which buildings are anticipated to be constructed and how traffic
circulation and parking will be provided. If, in the future, buildings will be
constructed in an order different from what is approved with this submittal,
a request for a modification of the final site plan shall be submitted and
completed prior to the issuance of building permits.
13. Seven 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 approved by the Planning Director and Planning
Board within six months of the date of City Commission approval. The
applicant 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. If occupancy
of the structure or commencement of the conditional use is to occur prior
to the installation of all site improvements, the Improvements Agreement
must be secured by a method of security equal to one and one-half times
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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, all on-site improvements shall be completed
by the applicant within nine (9) months of occupancy to avoid default on
the method of security.
Commissioner Youngman suggested that families be added in Condition No.6, noting
. there are occasionally events in which families want to participate or attend. She recognized
the shortage of on-site parking spaces, and suggested that some flexibility could be provided
by adding wording which ensures that no inconvenience will be incurred by the neighborhood.
Commissioner Frost noted that most parents don't visit the school during the daytime.
He then stated that the number of parking spaces to be provided on site is not adequate to
meet the needs of an activity that draws a number of parents.
Commissioner Rudberg and Commissioner Smiley indicated a willingness to add families
to Condition No.6, as suggested by Commissioner Youngman.
Commissioner Youngman asked if use of the gymnasium should be limited to the regular
hours of operation; subsequent discussion reflected a lack of Commission support for the
suggestion.
. Responding to Commissioner Frost, Associate Planner Chris Saunders stated that the
Learning Circle School has a total of 720 feet of street frontage.
Mayor Stiff stated he cannot support allowing expanded use of the gymnasium, stating
he feels that it results in squeezing too much onto the site and will lead to problems in the
future.
As a result of the above discussion, the following substitute motion was placed on the
floor. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the
Commission approve the Conditional Use Permit requested by Locati Architects for Doren,
L.L.C., under Application No. Z-9805, to allow construction of two 4,780-square-foot
classroom facilities and a 9,280-square-foot gymnasium at a private elementary school located
on Lots 2 and 3, Block 1, North Meadows Subdivision, subject to the following conditions:
. 1. The right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed on the Conditional
Use Permit procedure;
2. That all of the special conditions shall constitute restrictions running with
the land use and shall be binding upon the owner of the land, his
successors or assigns;
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3. That all conditions specifically stated under any Conditional Use listed in the
zoning ordinance shall apply and be adhered to by the owner of the land,
successors or assigns;
4. That all of the special conditions required by the City Commission shall be
consented to in writing by the applicant.
5. As-built drawings for the water and sewer improvements installed with the
. subdivision shall be provided to and approved by the City Engineering
Division prior to final site plan approval. Sewer and water services shall be
shown on the
final drawings and approved
by the Water/Sewer
Superintendent. City of Bozeman applications shall be completed by the
applicant. The location of existing water and sewer mains shall be clearly
depicted on the final site plan, as well as the location of fire hydrants within
500 feet of the site.
6. The gymnasium shall not be used for special events or other uses which
will cause a need for more parking than is provided on the site. Use of the
gymnasium shall be limited to students and families of the Learning Circle
School only, and its use may not generate parking which infringes on or
adversely impacts the neighborhood.
7. The proposed buildings shall be rearranged to provide open areas for on-site
recreation for students. A minimum
of 10 percent of the gross lot area
shall be provided as a single block for student recreational purposes.
8. City standard sidewalks shall be installed and properly depicted at the
standard location (Le., 1 foot off the property line) along the street
frontage.
. 9. If the site is configured such that the two lots rely on each other for traffic
circulation or parking, a reciprocal access and/or parking easement, or other
instrument acceptable to the City Attorney and Planning Office, shall be
provided.
10. The final site plan shall include a table showing how the required landscape
points are achieved.
11. All parking lot lights, proposed and existing, shall comply with the original
approval final site plan which does not allow bulbs to protrude below the
bottom of the light.
12. If phasing of buildings is intended the final site plan shall indicate the order
in which buildings are anticipated to be constructed and how traffic
circulation and parking will be provided. If, in the future, buildings will be
constructed in an order different from what is approved with this submittal
a request for a modification of the final site plan shall be submitted and
completed prior to the issuance of building permits.
13. Seven 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 approved by the Planning Director and Planning
Board within six months of the date of City Commission approval. The
applicant 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. If occupancy
of the structure or commencement of the conditional use is to occur prior
to the installation of all site improvements, the Improvements Agreement
must be secured by a method of security equal to one and one-half times
the amount of the estimated cost of the scheduled improvements not yet
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installed. Said method of security shall be valid for a period of not less than
twelve (12) months; however, all on-site improvements shall be completed
by the applicant within nine (9) months of occupancy to avoid default on
the method of security.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Smiley, Commissioner Rudberg and Commissioner Frost; those
. voting No being Mayor Stiff.
Conditional Use Permit - Frederick B. Weiner for Chad A. Groth - to allow sale of beer and wine
at an existina restaurant located on Lots 1 and 2. Block F. Rouse's Addition (Fred's Mesauite
Grille. 451 East Main Street) (Z-9810)
This was the time and place set for review of the Conditional Use Permit requested by
Fredrick Weiner for Chad Groth, under Application No. Z-9810, to allow the sale of beer and
wine at an existing restaurant located on Lots 1 and 2, Block F, Rouse's Addition. The subject
property is located at 451 East Main Street.
Assistant Planning Director Debbie Arkell reviewed the staff report. She stated that this
is the first application under the new beer and wine "cabaret" license from the Montana
. Department of Revenue.
The Assistant Planning Director noted that in May 1991, a minor site plan with deviation
to allow redevelopment of this site from an electronic sales and repair shop to an Italian
sandwich take out/eat in restaurant was approved. At that time, on-site parking was identified
as a concern, since only six parking spaces can be provided and ten are required for this
property under the code. She stated that the applicant had an agreement with Silent Knight
Muffler for five parking stalls on that property, however, that structure has been removed and
the property sold and the agreement no longer exists.
Assistant Planning Director Arkell stated that since no exterior changes have been
proposed, the Design Review Board did not review the application; the Development Review
Committee did review the application and expressed no concern about it; and the City-County
. Planning Board conducted its public hearing on this conditional use permit at its March 3
meeting. She noted that at the Planning Board hearing, the applicant expressed concern about
the requirement to secure a lease agreement for the four off-site parking spaces or pay cash-in-
lieu for those parking spaces to the downtown parking SID. She stated that following the
public hearing, consideration of the six criteria for review of conditional use permits, and review
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of the staff's comprehensive findings and recommendations contained in the written staff
report, the Planning Board voted to recommend approval, subject to seven conditions.
Mr. Fred Weiner, owner of Fred's Mesquite Grille, expressed his concern that under the
conditions recommended by the Planning Board, he could be required to pay $12,000 for four
. off-street parking spaces because he has been unable to find off-street parking spaces which
he could lease. He stated that it appeared the parking lot between J&V Refrigeration and
Western Plumbing would be an ideal location for renting of additional parking spaces, and both
property owners are willing to enter into a lease agreement. He noted, however,
that the
parking lot contains 29 parking spaces and, based on the square footages of the buildings, a
total of 36 parking spaces are required, so there are no spaces available for lease in spite of the
fact that many of the spaces are open at any given time. He stated that it is extremely difficult
to find parking four spaces within three blocks of his business to lease, and he cannot afford
to pay $12,000 for cash in lieu.
Mr. Weiner characterized his restaurant as an asset to the community.
He also noted
that this site received an historic preservation award and he continues to enhance and upgrade
. the site as his business allows. He stated that allowing him to sell beer and wine at
his
restaurant under the new "cabaret" license will help him to compete with other establishments
in town. He noted that the acquisition of the license has cost him $10,000, based on the
number of seats at his restaurant, and he cannot afford the cost of four parking spaces on top
of that. He then asked that, if he is required to pay cash in lieu for parking spaces, it be at the
$1,200 that was in place in 1993 when his application was approved instead of the $3,000
fee currently in place. He stated that, since most of his business occurs in the summertime in
the outdoor patio, it is important for him to attract as much business as possible in the good
weather.
Responding to Commissioner Rudberg, Mr. Weiner stated he has not contacted The Bowl
about possibly leasing parking spaces from them. He further noted that, realistically, even if
. he posts a notice on his property that spaces are available there, people will not use the
spaces.
Commissioner Rudberg noted that there is generally not much activity at The Bowl during
the daytime or in the summer, which are the times of high activity at the restaurant. She also
noted that most of those eating lunch at the restaurant walk to it, and parking in the evening
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is not a problem because businesses in the downtown area are closed. She then stated she
likes to see small businessmen succeed, and she also feels that businesses must be treated
fairly and equitably.
Responding to Mayor Stiff, Assistant Planner Arkell stated that evening parking is no
. problem since the other two businesses in this building are closed; lunchtime is when the
parking problems occur.
Responding to Mr. Weiner, Mayor Stiff stated that the Commission cannot assess cash-
in-lieu fees at the 1993 level when the fees have been revised since then.
Commissioner Frost stated he feels the Parking Commission should review parking in the
downtown area in light of daytime/nighttime uses and seasonal uses, noting that is an issue
they must address. He then stated that if the Commission approves this application with the
requirement that four additional parking spaces be leased or provided, the applicant may still
seek a variance from the requirement to provide the additional parking spaces.
Responding to Commissioner Youngman, Assistant Planner Director Arkell stated that
the ordinance allows for shared parking. She stressed that in this instance, the problems arise
. during the daytime and that is when the parking is not available for lease.
Break - 4:00 to 4:05 D.m.
Mayor Stiff declared a break from 4:00 p.m. to 4:05 p.m., in accordance with
Commission policy.
Conditional Use Permit (continued) - Frederick B. Weiner for Chad A. Groth - to allow sale of
beer and wine at an existing restaurant located on Lots 1 and 2. Block F. Rouse's Addition
(Fred's Mesauite Grille. 451 East Main Street) (2-9810)
Mayor Stiff stated that his discussion with City Manager Johnson and City Attorney
Luwe during the break confirmed that the Commission must act on this conditional use permit
before the applicant can obtain a license to sell beer and wine, and that the parking issue must
. be addressed in this action. He noted this does not preclude the applicant from addressing the
parking issues through a lease or seeking a variance at some time in the future.
Responding to Commissioner Rudberg, Mr. Weiner stated that he would not be required
to pay $12,000 up front for the cash-in-lieu of parking spaces; rather, he could choose to pay
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$1,200 down and then pay the balance over a ten-year period with a 3-percent administrative
fee and an 8-percent interest rate.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
Commission approve the Conditional Use Permit requested by Fredrick Weiner for Chad Groth,
. under Application No. Z-9810, to allow the sale of beer and wine at an existing restaurant
located on Lots 1 and 2, Block F, Rouse's Addition, subject to the following conditions:
1. A copy of the Montana Revenue Department Liquor License to serve
alcoholic beverages shall be submitted to the Planning Office prior to the
sale of alcoholic beverages. The applicant shall also receive a license for
on-site consumption of alcoholic beverages from the City of Bozeman
Licensing Department prior to the sale of alcoholic beverages.
2. The applicant/property owner shall provide the Planning Office with
documentation that four additional off-site parking spaces are appropriately
leased to serve this site prior to the sale of alcoholic beverages.
3. No exterior modifications may occur and no new signs can be installed
without the application for and approval of a Certificate of Appropriateness.
4. The sale of alcoholic beverages must commence at the site within one year
of conditional approval by the City Commission, or this Conditional Use
Permit shall be void, unless a written request for extension is approved by
the City Commission.
. 5. The right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the conditional
use permit procedure.
6. All of the special conditions placed on this Conditional Use Permit shall be
binding upon the applicant, his successors or assigns, and shall be recorded
as such with the Gallatin County Clerk and Recorder's Office by the
applicant prior to the sale of alcoholic beverages on the premises.
7. All of the special conditions attached to this Conditional Use Permit shall be
consented to in writing by the applicant prior to the commencement of the
use.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff;
those voting No, none.
. Preliminary Dlat review - KamD Minor Subdivision - subdivide 7.0381 acres in the NE%. Section
8. T2S. RGE. MPM. into five lots (westernmost lot in BurrUD Annexation) - Dan Kamp for
himself. Harold and Winona VanderMolen, and John and Martha KamD (P-9708)
This was the time and place set for review of the preliminary plat for the Kamp Minor
Subdivision, as requested by Dan Kamp on behalf of himself, Harold and Winona VanderMolen,
and John and Martha Kamp, under Application No. P-9708, under which 7.0381 acres located
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in the Northeast one-quarter of Section 8, Township 2 South, Range 6 East, Montana Principal
Meridian, is to be subdivided into five commercial lots. The subject property is known as the
westernmost lot in the Burrup Annexation.
Associate Planner Jody Olsen reviewed the staff report. She stated that the subject
. property is located in the southeast corner of the 1-90 East Main Street interchange and
Highway 10/East Frontage Road. She stated that under this proposed subdivision, 7.0381
acres is to be subdivided into five lots ranging in size from 1 acre to 2.251 acres, with access
to those lots being from Hospitality Way, a street in a 60-foot-wide right-of-way dedicated to
the public. She noted that the proposed subdivision is in compliance with the master plan and
the zone code and, with conditions, will be in compliance with the subdivision regulations.
The Associate Planner stated that staff has reviewed this application in light of the five
criteria set forth in the Montana Code Annotated, and the comprehensive findings are contained
in the written staff report, which was included in the Commissioners' packets. She noted that
this application was considered at the March 3 City-County Planning Board. Following
its
public hearing and consideration of the criteria and the staff findings, the Planning Board
. concurred in staff's recommendation for approval, subject to sixteen conditions. She stated
that, as a result of clarification by the applicant subsequent to the Planning Board hearing, staff
would recommend that Condition No.4 be amended to reflect that Hospitality Way is to be a
permanent cul-de-sac street. She then indicated that the 35-day review period for this minor
subdivision will expire on March 18.
Mr. Dan Kamp, one of the partners in the property, stated that the application for a 404
permit has been submitted to the Army Corps of Engineers, the review process is underway,
and he anticipates receiving a response within the next few weeks. He then indicated
a
willingness to respond to questions.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission approve the preliminary plat for the Kamp Minor Subdivision, as requested by Dan
. Kamp on behalf of himself, Harold and Winona VanderMolen, and John and Martha Kamp,
under Application No. P-9708, under which 7.0381 acres located in the Northeast one-quarter
of Section 8, Township 2 South, Range 6 East, Montana Principal Meridian, is to be subdivided
into five lots, subject to the following conditions:
03-1 6-98
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1. The final subdivision plat shall conform to all requirements of the Bozeman
Area Subdivision
Regulations and the Uniform
Standards for Final
Subdivision Plats, and be accompanied by all appropriate documents,
including covenants, certification by the State Department of Environmental
Quality approving the plans and specifications for water or sanitary
facilities, certification from the City's Engineer certifying that as-built
drawings for public improvements were received, a platting certificate, and
all required and corrected certificates. Two clothback (or equivalent) and
. mylar (or equivalent) copies of the final plat must be submitted for final plat
approval, along with a digital copy of the final plat, on a double sided, high-
density 3 % -inch floppy disk.
2. The final plat shall reflect the correct zoning designation of the subdivision.
3. The area tabulation on the final plat shall read as "Lot 5" instead of "Lot 3",
as shown on the preliminary plat.
4. The cul-de-sac on Hospitality Way shall be located within an easement on
Lots 3, 4 and 5, and should be located to ensure the most viable usable
area of the lots as possible. The final location of the cul-de-sac shall be
approved by the City Engineer during plan and specification review. The
right-of-way necessary for the cul-de-sac shall be dedicated with the final
plat and shall be 100 feet in diameter. The cul-de-sac itself shall be paved
to 70 feet in diameter. The cul-de-sac shall be signed with "No Parking"
signs.
5. Hospitality Way shall be constructed to a full City standard, i.e., 37 feet
from back of curb to back of curb with standard boulevard and sidewalk on
both sides. Plans and specifications
for the public street including curb,
. gutter and
sidewalk and related storm
drainage infrastructure
improvements, prepared by a Professional Engineer (P.E.) registered in the
state of Montana shall be provided to and approved by City Engineer. 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
street until the plans and specifications have been approved by the City
Engineer and a pre-construction conference has been conducted.
No building permits shall be issued prior to substantial completion and City
acceptance of the required infrastructure improvements.
6. The proper dedication certificate shall be included on the final plat.
7. The developer shall obtain a permit for the proposed access onto Highway
10, and a copy of the permit shall be provided to the City Engineer's Office.
If this access has been already been approved by MOoT, the developer shall
provide proof of this encroachment permission to the City Engineer's Office
prior to installation of the new street.
8. The final plat, shall provide 20 foot wide public utility easements (PUE)
located along side and/or rear lot lines.
PUEs located along dedicated
. rights-of-way shall be 12 feet wide. Before the final plat is approved, the
developer shall obtain written approval from all utility companies stating
that the locations, and the size, of all PUEs is acceptable if the PUEs are not
in the standard location or are not the standard size.
9. The developer shall obtain an encroachment permit from MOoT for the
placement of any utilities or infrastructure in the Highway 10 right-of-way
prior to placement of these in the right-of-way.
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10. Prior to final plat approval, street and stop signs shall be placed at all
intersections as part of the required improvements. The street signs shall
conform with the standards outlined in the Bozeman Area Subdivision
Regulations.
11. Prior to commencement of any work on the site, the developer shall provide
the Planning Office with a copy of a Section 404 permit, or written
notification that a 404 permit is not needed, from the U.S. Army Corps of
. Engineers.
12. A Geotechnical Investigation Report shall be prepared and submitted to the
City Engineer with the infrastructure plans and specifications documents.
The Report shall include an analysis of the on-site public right-of-way soil
conditions, special grading recommendations, roadway bearing capacities,
the impacts
of groundwater on the street
and sewer and water
infrastructure designs, projected traffic loadings and street section(s)
design. The design must incorporate the findings of an independent on-site
soils investigation and groundwater investigation.
13. The final plat shall contain the following language: "Due to relatively high
ground water table
within the area of
the subdivision, it is not
recommended that full basements be constructed without first consulting
a professional engineer."
14. The location of and distinction between existing and proposed sewer and
water mains and easements shall be clearly depicted on the infrastructure
plans, as well as nearby fire hydrants and proposed fire hydrants. An
additional fire hydrant will be required near the northeast corner of Lot 1.
Plans and specifications for the sewer and water improvements shall be
. approved by the Department of Environmental Quality and the City Engineer
prior to construction.
15. An easement shall be provided for the new sewer main proposed between
Lots 3 and 4, and the easement shall be accurately shown.
Easement
located outside of dedicated rights-of-way shall be a minimum of 30 feet
in width, with the utility located in the center of the easement.
16. On the final plat, a one-foot wide "No Access" strip shall be provided
between Lot 1 and Highway 10, and between Lot 5 and Highway 10.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff;
those voting No, none.
Preliminarv clat review - Amended Plat of Lot 9. Evergreen Business Park Subdivision -
subdivide 2.578-acre tract into two lots - James W. and Joanne B. Kack (P-9806)
. This was the time and place set for review of the preliminary plat requested by James
W. and Joanne B. Kack, under Application No. P-9806, under which a 2.578-acre tract known
as Lot 9, Evergreen Business Park Subdivision, is to be subdivided into two lots.
Assistant Planning Director Debbie Arkell presented the staff report. She reminded the
Commission that the subdivision planned unit development for the Evergreen Business Park
03-1 6-98
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Subdivision was approved in 1993, with access to lots in the subdivision being provided by
Evergreen Drive, a private street. She stated that under that subdivision application, Lot 9 was
created as a 2.578-acre lot with two possible accesses. Under this application, two lots are
to be created: Lot 9A, which is currently vacant, is to be 1.262 acres in size; and
Lot 9B,
. which currently houses Christie Electric, is to be 1.325 acres in size. The Assistant Planning
Director stated that all of the necessary infrastructure has been installed, including two sets
of service lines because of the size of the original lot, and access to each of the lots is to be
from Evergreen Drive.
The Assistant Planning Director stated that staff has reviewed this application in light of
the five criteria established in the Montana Code Annotated, and the comprehensive findings
are contained in the written staff report, which was included in the Commissioners' packets.
She then indicated that the City-County Planning Board conducted its public hearing on this
application at its March 3 meeting and, following that hearing and consideration of the criteria,
concurred in staff's recommendation for approval, subject to one condition. She stated that
the 35-day review period for this minor subdivision expires on March 25.
. Mr. Dennis Foreman, Gaston Engineering, indicated a willingness to respond to questions.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve the preliminary plat requested by James W. and Joanne B. Kack, under
Application No. P-9806, under which a 2.578-acre tract known as Lot 9, Evergreen Business
Park Subdivision, is to be subdivided into two lot, subject to the following condition:
1. The final subdivision plat shall conform to all requirements of the Bozeman
Area Subdivision Regulations (August 1997 version) and the Uniform
Standards for Final Subdivision Plats, and be accompanied by all appropriate
documents, certification by the State Department of Environmental Quality
Subdivision Program, a final platting certificate, and all required and
corrected certificates. Further, the "Easement Note" shall be corrected to
read grammatically. Two clothback (or equivalent) and
mylar (or
equivalent) copies of the final plat must be submitted for final plat approval,
along with a digital copy of the final plat, on a double sided, high-density
3 % -inch floppy disk.
. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff;
those voting No, none.
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Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Commission Resolution No. 3230 - intent to establish 1998 Sidewalk Proaram:
set Dublic hearina for ADril 6. 1998
COMMISSION RESOLUTION NO. 3230
. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING THE CITY COMMISSION'S INTENT TO ESTABLISH A
1998 SIDEWALK PROGRAM AND TO ORDER THAT SIDEWALKS BE INSTALLED
IN CERTAIN AREAS OF BOZEMAN, AS PROVIDED FOR IN SECTIONS 7-14-4109
AND 7-14-4110, MONTANA CODE ANNOTATED.
Authorize City Manaaer to sign - Change Order No.2 for Landfill Gas Extraction
System - Davidson & COmDany. Helena. Montana - add $0 and 28 calendar
days
Commission Resolution No. 3231 - relating to the creation of SDeciallmcrovement
District No. 655 and the issuance of bonds for district ("Northwest Water
Line" )
COMMISSION RESOLUTION NO. 3231
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 665;
CREATING THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN
LOCAL IMPROVEMENTS AND
FINANCING THE COSTS THEREOF
AND
. INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT
DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT
REVOLVING FUND AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT
BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE.
Commission Resolution No. 3232 - authorizing Darticication in the Board of
Investments of the State of Montana Annual Adiustable Rate Tender ODtion
MuniciDal Finance Consolidation Act
COMMISSION RESOLUTION NO. 3232
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING PARTICIPATION IN THE BOARD OF INVESTMENTS
OF THE STATE OF MONTANA ANNUAL ADJUSTABLE RATE TENDER OPTION
MUNICIPAL FINANCE CONSOLIDATION ACT BONDS (lNTERCAP REVOLVING
PROGRAM), APPROVING THE FORM AND TERMS OF THE LOAN AGREEMENT
AND AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS RELATED
THERETO.
Claims
It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the
. Commission approve the Consent Items as listed, and authorize and direct the appropriate
persons to complete the necessary actions. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner
Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none.
03-1 6-98
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Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your Information"
items.
( 1 ) Letter from the Bozeman Area Battered Women's Network, dated March 9, alerting
. the Commission to the need for affordable housing in the community.
(2) Copy of a letter from Mr. Richard Childress to the City-County Planning Board,
dated March 10, regarding Fred's Mesquite Grill.
(3) Notice of a public discussion on new ideas for affordable community life,
scheduled for 10:00 a.m. on Saturday, March 14, at the Holiday Inn, sponsored by the Gallatin
Valley CoHousing.
(4) Copy of the snowpack report as of March 9, 1998.
The City Manager noted that this report reflects snowpack moisture just slightly under
average.
(5) Copy of the annexation agreement with Tablerock Ventures for the property
formerly referred to as the Manley Annexation.
. The City Manager asked that Commissioners forward any comments they may have
about this annexation agreement to staff as soon as possible, since the agreement is to be
forwarded to Mr. Vosti later this week for execution.
The City Manager then stated that the application to subdivide this subject 90-acre parcel
into three lots was considered by the County Commission last week. As a result of issues
raised during that meeting, the applicant has decided to withdraw that application and pursue
subdivision of this property as a City subdivision after the annexation process has been
completed.
(6) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday,
March 17, at the Courthouse.
(7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m.
. on Tuesday, March 17, in the Commission Room.
(8) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on
Tuesday, March 17, in the Commission Room.
(9) The City Manager submitted his weekly report, as follows. (1) Stated that MSU
President Mike Malone is making a serious attempt to address the drinking issues that plague
03-1 6-98
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the university and affect the community. (2) Spoke at the Gallatin Development Corporation's
luncheon meeting today. (3) Noted that the work session on next week's agenda is fairly open
and asked if any Commissioners have any items they would like to have discussed.
(10) City Attorney Luwe reviewed the recent Montana Supreme Court decision in
. Whitehall vs. Preece, which states that legislative actions are subject to referendum, but
administrative or executive decisions are not. He noted that the Montana League of Cities and
Towns filed the brief in this case.
(11 ) Commissioner Frost stated that he attended a satellite workshop on helping youth
stay drug free at the Willson School. He noted that the information in that workshop was
interesting, and revealed that drug and alcohol use is generally limited to a low percentage of
high school and college students.
( 12) Mayor Stiff submitted the following. (1) Attended
the Board of Health meeting
last week. (2) Attended the Gallatin Development Corporation luncheon meeting today.
(3)
Stated that he and Commissioner Rudberg attended a meeting of the Southwest Montana Boys
and Girls Club.
. ( 13) Commissioner Smiley submitted the following.
(1) Attended the Tree Advisory
Board meeting last week. (2) Attended the Planning Board's training session last week. She
stated that she has a copy of the packet of information presented during that meeting and
indicated that she will have copies of the information made available to the Commissioners in
their upcoming packets.
(14) Commissioner Rudberg stated that she has asked County Attorney Marty Lambert
about how the votes of the City Commissioners, County Commissioners and City-County
Health Board members will be counted at next week's public hearing and how the final decision
is to be determined.
City Attorney Luwe assured the Commission that the attorneys will be prepared to
respond to that question at next week's meeting.
. Responding to Commissioner Smiley, the City Attorney stated that if she is interested
in applying for the Health Officer position, she will also be required to seek a waiver of the six-
month requirement.
(15) Commissioner Rudberg submitted the following.
(1) Stated she is sorry to see
Deputy Clerk of the Commission Gill Erlandson tender her resignation. She stressed that, when
03-1 6-98
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filling this vacancy, it is important to look to the future, to ensure that an appropriate
replacement is hired. (2) Stated she has received several telephone calls recently from several
applicants who have gone through the City's review process, complaining about their reviews
before the Design Review Board. She suggested that the Commissioner Liaison to this board
. should see how their reviews are being conducted and possibly provide some input if it appears
those reviews are extending outside their purview.
( 16) Commissioner Rudberg asked, with the new goal setting and budgeting processes,
how the City Manager is dealing with those employees who are responsible to administrative
boards, like Planning Director Epple and Director of Libraries Meister.
The City Manager responded that both of those department heads attended the staff
meetings on the changes in budgeting, and they are currently working on the revised format
for budgeting and setting of goals for the upcoming fiscal year. He then recognized the difficult
position this change can put those department heads in, noting that they have both done an
excellent job in addressing those challenges. He stated, however, that the budget must
be
consistently portrayed and meet the standards necessary to continue receiving the award of
. excellence from the Government Finance Officers Association.
The City Manager noted that department and division heads continue to work on
providing information in the new format. He indicated that the second and third sets of
information are slow in coming, which is to be expected because of the changes that are
required. He stated, however, that once this challenging and difficult process is completed, he
feels that staff and the Commission will be better able to understand how each activity and
department relates to the overall City structure.
( 17) Commissioner Rudberg stated that the issue of variances has been discussed by
both the Board of Adjustment and the City-County Planning Board. She then raised a question
about why the Board of Adjustment needs only a majority vote to approve a variance while the
Commission needs a super-majority.
. City Attorney Luwe responded that the State statutes stipulate that four affirmative
votes are required to approve a variance, regardless of the size of the body acting on them.
He then suggested that if the Commission no longer wishes to act on variances, the code can
be changed to provide that the Board of Adjustment acts on all ordinances.
03-1 6-98
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Mayor Stiff suggested that the issue of variances be addressed during an upcoming work
session.
( 18) Responding to Commissioner Rudberg, the City Manager stated that during last
week's work session on the Commission's budget unit, he felt it was important to raise issues
. that had been discussed during the past year. He noted that one of those issues is affordable
housing and assisting non-profit organizations in providing affordable units. He suggested that,
since the Commission cannot waiver impact fees, it might be appropriate to include monies in
the Commission's budget unit to cover requests for payment of impact fees and possibly
building permit fees.
Recess - 4:50 D.m.
Mayor Stiff declared a recess at 4:50 p.m., to reconvene at 7:00 p.m., for the purpose
of conducting the scheduled public hearings.
Reconvene - 7:00 p.m.
. Mayor Stiff reconvened the meeting at 7:00 p.m., for the purpose of conducting the
scheduled pUblic hearings.
Public hearing - COA with deviations from Section 18.18.050. Bozeman MuniciDal Code. to
allow eXDansion and enclosure of front Dorch which will encroach 3 feet into 25-foot front yard
setback - Robert Burton. 413 East Story Street (Z-9818)
This was the time and place set for the public hearing on a Certificate of Appropriateness
with deviations from Section 18.18.050 of the Bozeman Municipal Code, as requested by
Robert Burton, under Application No. Z-9818, to allow the expansion and enclosure of a front
porch which will encroach 3 feet into the 25-foot front yard setback on Lot 7, Block A,
Parkside Addition. The subject property is more commonly known as 413 East Story Street.
Mayor Stiff opened the public hearing.
. Historic Preservation Officer Derek Strahn presented the staff report. He stated that
under this application, the applicant proposes to construct a 16-foot by 15-foot rear addition
which meets code requirements. In addition, the applicant proposes the expansion and
enclosure of the front porch which encroaches 3 feet into the required 25-foot front yard
setback.
03-1 6-98
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The Historic Preservation Officer stated that staff has reviewed this application in light
of the criteria set forth in the code, and the staff's comprehensive findings are contained in the
written staff report. He stated that the Design Review Board has reviewed this application and
concurred in staff's recommendation for approval, subject to two boilerplate conditions.
. Mr. Robert Burton, applicant, stated he concurs with the staff report and indicated a
willingness to respond to questions.
No one was present to speak in opposition to the requested deviation.
Since there were no Commissioner objections, Mayor Stiff closed the public hearing.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
Commission approve the Certificate of Appropriateness with deviations from Section
18.18.050 of the Bozeman Municipal Code, as requested by Robert Burton, under Application
No. Z-9818, to allow the expansion and enclosure of a front porch which will encroach 3 feet
into the 25-foot front yard setback on Lot 7, Block A, Parkside Addition, subject to the
following conditions:
1. The applicant shall obtain a building permit within one year of Certificate of
. Appropriateness approval or this approval shall become null and void; and
2. This project shall be constructed as approved and conditioned in the
Certificate of Appropriateness application. Any modifications
to the
submitted and approved drawings shall invalidate the project's approval
unless the applicant submits the proposed modifications for review and
approval by the Planning Office prior to undertaking said modifications, as
required by Section 18.62.040 of the Bozeman Municipal Code.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff;
those voting No, none.
Public hearing - Variances from Chaoter 18.65. BMC. to allow retention of existing 98-SQuare-
foot oole sign on North 7th Avenue. lowered to 32 feet: allow 19-sauare-foot. two-sided.
liahted loao signs in the two new roof cUDolas: and 25-foot-sauare. 12-foot-hiah monument
sign on Lot 6. Block 1. and Lot 2. Block 2. Tange's Addition - Davs Inn. 1321 North 7th
Avenue (C-9801)
. This was the time and place set for the public hearing on variances from Chapter 18.65
of the Bozeman Municipal Code, as requested by the Days Inn, under Application No. C-9801,
to allow the retention of an existing 98-square-foot pole sign on North 7th Avenue, lowered
to 32 feet; to allow 19.83-square-foot, two-sided, lighted logo signs in the two new roof
cupolas; and to allow a 25-foot-square pole mounted sign near the lobby entrance on Lot 6,
03-1 6-98
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Block 1, and Lot 2, Block 2, Tange's Addition. The subject property is more commonly located
at 1321 North 7th Avenue.
Mayor Stiff opened the public hearing.
Associate Planner/Urban Designer John Sherman presented the staff report. He stated
. that the applicant is seeking variances as follows: (1) from Section 18.65.070.A.1., to allow
retention of the existing freestanding sign, which is 98.35 square feet in size, lowered in height
from 40 feet to 32 feet; (2) from Section 18.65.040, to allow the installation of two 19.83-
square-foot, two-sized, logo signs in two
new roof cupolas; and (3) from
Section
18.65.070.A.1., to allow replacement of the existing 12-foot high, 64-square-foot freestanding
sign by the lobby with a 25-square-foot freestanding pole-mounted sign in the same location.
He reminded the Commission that only one freestanding sign is allowed per zoned lot in the
"B-2", Community Business, District.
Associate Planner/Urban Designer Sherman stated that staff reviewed the requested
variances in light of the three criteria established by the Montana Supreme Court, and the
staff's comprehensive findings are contained in the written staff report. He stated that, as a
. result of that review, the staff was unable to support any of the requested variances. He then
stated that the Design Review Board reviewed the Certificate of Appropriateness application
for the renovations to the Days Inn and, in conjunction with its action to approve the
application, has forwarded a recommendation that the Commission approve the first two
variances as requested.
Mr. Randy Missef, Manager of the Days Inn, requested that the Commission approve all
three of the variances. He stressed that they are preparing to make a large investment in the
community through upgrading of their property. He stated that, because of the limited visibility
of this site from North 7th Avenue, ensuring adequate signage is very important.
No one was present to speak in opposition to the requested variances.
Since there were no Commissioner objections, Mayor Stiff closed the public hearing.
. City Manager Johnson reminded the Commissioners that zoning variances require four
affirmative votes for approval.
The Commissioners acted on the variances separately, addressing them one at a time,
in order.
03-1 6-98
- 24-
Commissioner Frost stated that variances are subject to three criteria established by the
Montana Supreme Court, and all three of those criteria must be met before approval is allowed.
He stated that in this instance, he does not believe that the application meets the second
criteria and, therefore, cannot support the variance.
. Commissioner Youngman stated her concurrence with Commissioner Frost's comments.
She noted that if the Commission were considering a deviation, it would have some latitude
in identifying how the proposed sign might exceed design requirements. She then indicated
that she feels adequate signage can be provided for this site within the constraints of the zone
code.
Commissioner Rudberg stated that this piece of property is a unique parcel, subject to
several constraints, including the new Hardees/gas station and Scrubby's Car Wash built
between the Days Inn and North 7th Avenue. She noted that this makes it very difficult for
traffic coming off 1-90 onto North 7th Avenue to identify where the motel is located and then
to access it. She stressed that, from a safety standpoint, it is important to ensure that the
motel is allowed an adequate signage package to guide tourists to it.
. Commissioner Smiley stated she also views this property as unique. She noted it is very
difficult to locate from North 7th Avenue, and she feels it is important to allow for adequate
signage to ensure the safety of motorists.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission approve the requested variance from Section 18.65.070.A.1., to allow the existing
98.35-square-foot freestanding sign to remain in its current location, lowered to a maximum
of 32 feet. The motion failed by the following Aye and No vote:
those voting Aye being
Commissioner Rudberg, Commissioner Smiley and Mayor Stiff; those voting No being
Commissioner Frost and Commissioner Youngman.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission deny the requested variance from Section 18.65.040, to allow 19-square-foot,
. two-sized, logo signs in the two new roof cupolas. The motion failed by the following Aye and
No vote: those voting Aye being Commissioner Frost, Commissioner Youngman and
Commissioner Smiley; those voting No being Commissioner Rudberg and Mayor Stiff.
Commissioner Rudberg stated she feels that denying the requested variances is
jeopardizing the viability of this business.
03-1 6-98
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Commissioner Youngman stressed the fact that the Commission lacks the flexibility
under the variance process that it is afforded under the deviation process.
It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the
Commission deny the requested variance from Section 18.65.070.A.1., to allow replacement
. of the existing 12-foot high, 64-square-foot freestanding sign by the lobby with a 25-square-
foot freestanding sign mounted on a pole in the same location. The motion failed
by the
following Aye and No vote: those voting Aye being Commissioner Youngman and
Commissioner Frost; those voting No being Commissioner Smiley, Commissioner Rudberg and
Mayor Stiff.
Break - 7:20 to 7:25 D.m.
Mayor Stiff declared a break from 7:20 p.m. to 7:25 p.m., in accordance with
Commission policy.
Ordinance No. 1464 - increasing the Dercentaaes at which street imoact fees. fire imoact fees.
. water imDact fees and wastewater imDact fees are assessed
Included in the Commissioners' packets was a copy of Ordinance No. 1464, as approved
by the City Attorney, entitled:
ORDINANCE
NO. 1464
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED
BY REVISING SECTIONS 3.24.050, 3.24.060, 3.24.070 AND 3.24.080;
PROVIDING FOR REVISIONS TO THE PERCENTAGES ATWHICH STREET IMPACT
FEES, FIRE PROTECTION
IMPACT FEES, WATER IMPACT
FEES AND
WASTEWATER IMPACT FEES ARE ASSESSED.
Mayor Stiff stated that the Commission is considering this ordinance, under which
increases are being considered in the percentages at which the street impact fees, water impact
fees and wastewater impact fees are assessed. He then indicated that the Commission will
accept public input prior to acting on the adoption of this ordinance.
. Mr. Brian Leland, 528 North Bozeman Avenue, noted that the impact fees were enacted
at a low level initially to give the development industry an opportunity to go to the State
Legislature to seek alternative funding mechanisms to deal with the community's infrastructure
needs. He noted that no funding options were made available in that legislative session. He
stated that comments made in anticipation of this proposal to increase the impact fees are very
03-1 6-98
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similar to those made when implementation of the impact fee program was considered. He
noted that those include the comment that growth will be driven just outside city limits, thus
causing urban sprawl in the county; in reality, land prices and the quest for a particular life style
drive development outside city limits. He then questioned why, if impact fees are pushing
. development out of the city and into the county, so many landowners and developers are
"beating down the door to get their property annexed", citing the Valley West Annexation as
an example. He also noted it has been suggested that impact fees will drive commercial
development to Four Corners or Belgrade; yet, Costco built in Bozeman. He noted
that
Belgrade has had the highest tax rate in Gallatin County for five of the last seven years, and
the Four Corners area is facing a multi-million dollar wastewater facility and collection system
within the next few years.
Mr. Leland noted that a substantial amount of property within city limits is being
developed with commercial and industrial uses. He stressed, however, that even that type of
development does not generate the tax revenues necessary to keep up with the infrastructure
needs. He then encouraged the Commission to make its decision on increasing impact fees
. based upon the needs of the community and the ability to ensure long-term sustainable growth
without hitting the City's bonding capacity.
Mr. Bob Hunter, 320 South Willson Avenue, briefly highlighted the notebook which he
submitted to the Commission. He stated that he is involved in attracting high tech businesses
to Bozeman. He stated that the debate about impact fees is clouded with myths and
misunderstandings about how economic development occurs and what can be done to promote
it, and many of those myths and the accompanying realities are included in the information he
has provided. He noted that one of the myths is that increasing impact fees to their full level
will make Bozeman less attractive to high tech firms; in reality, such firms view impact fees as
a commitment to maintaining the community's infrastructure and meeting its needs. He noted
that people are attracted to Bozeman because of its high quality of life, and its cost of living
. is 2.4 percent below the national average. He stated that, with high tech businesses moving
to the area, the wages paid are higher than in many other industries, thus benefiting the entire
community. He noted that for that type of business, impact fees are a minimal cost and,
therefore, don't impact their decisions about where to locate.
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Mr. Hunter noted that property taxes are increasing because property tax rates are
increasing and because property values are increasing. He recognized that this combination can
be extremely difficult for retired people on fixed incomes, citing his own property taxes as an
example of how property tax increases can negatively impact people. He stressed that senior
. citizens are important to the community, and efforts should be taken to address the issue.
Mr. Hunter stated another myth is that if impact fees are increased, development will be
pushed into the county. He stated, in reality, the costs of driving to a residence just five miles
outside city limits will increase transportation costs to a level that eats up any savings in
mortgage payments which include full impact fees inside city limits. He also noted that a septic
tank and well are required outside city limits, which add another $6,000 to $15,000.
Mr. Hunter noted another myth is that impact fees are unfair to new development; in
reality, the lack of impact fees is unfair to existing residents and businesses. He questioned
why it is fair for businesses along Main Street to subsidize, through property taxes,
infrastructure improvements so that WalMart and Costco can move to town. He characterized
impact fees as a mechanism for true equity in funding infrastructure improvements.
. Mr. Bob Hunter stated the impact fees proposed for Bozeman are in the middle of the
range of surcharges being assessed in other communities, as evidenced by a search on the
web. He noted that the information he gained in his search on the web is contained in the
written information he has provided. He recognized that, in addition to paying impact fees,
developers are also providing on- and off-site improvements, either because they are required
or on a voluntary basis. He noted that the City has an excellent mechanism for credits for off-
site improvements.
Mr. Hunter concluded by encouraging the Commission to keep the community both
beautiful and financially healthy and to take steps to attract high tech businesses, and more
high paying jobs, to the community.
Mr. Don Bachman, 3910 Sourdough Road, stated that he resided inside city limits for
. seven years and, during that time, watched his property taxes rise. He forwarded his support
for the proposed increase in impact fees, stating that they will provide for services that are
necessary for a well-run community that is growing. He noted that the mechanisms for funding
essential services are very limited. He also noted that all improvements are currently completed
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in a reactive manner, and he feels that the Commission should make every effort to become
proactive instead when addressing the issue of growth.
Ms. Joan Montagne, 17 Hodgeman Canyon Road, stated that they have owned a home
inside city limits for 23 years. She noted that she, along with many others, supported the three
. Commissioners because of their stance on impact fees. She forwarded her support for 100
percent impact fees, stating they will attract businesses which recognize that infrastructure is
vital for the health of a high-quality community. She concluded by encouraging the
Commissioners to increase the impact fees.
Ms. Mary Vant Hull, 416 East Story Street, noted that she served as a City
Commissioner from 1982 to 1990, and during that time a capital improvement program was
started. She noted that the most recent document, which is for the years 1999 through 2003,
contains $131 million in projects, $26 million of which have identified funding sources. She
encouraged the Commissioners to approve the proposed increase in impact fees, noting that
more of the items in the capital improvement program could then be funded.
Ms. Vant Hull noted that when she served on the Commission, she testified time after
. time at the Legislature, trying to find ways for Bozeman and other communities to raise monies.
She noted, instead, that the Legislature took away some of the property valuation, with the
City losing 17 percent in two years with no alterative funding sources.
Ms. Vant Hull noted that one of the arguments against increasing impact fees is that
people who live here and trade up are penalized by impact fees: however, she noted that many
people cannot afford to trade up to bigger and more expensive houses. She
concluded by
noting that the voters elected the three Commission candidates who supported increased
impact fees and encouraged the Commissioners to follow their campaign commitments.
Ms. Joyce Hynes, 2900 Secor Avenue, stated she has been a resident of Bozeman for
25 years. She said that, as a senior citizen, retired and on a fixed income, she cannot afford
to support new growth.
. Mr. Steve Kirchhoff, 516 South 6th Avenue, encouraged the Commission to enact
increased impact fees, particularly in light of the recent campaign.
Mr. Gary Burrell, Chairman of the Gallatin Association of Realtors Local Issues
Committee, characterized impact fees as highly unfair to the new homebuyer. He noted that
new homes are assessed at market value, thus they pay higher taxes than those who have
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owned their homes for a period of time. He characterized impact fees as double taxation,
which is unfair. Mr. Burrell stated that a review of the 1997 real estate sales profile revealed
that 50 to 60 percent of the sales were to people already living in Gallatin County. He noted
that if full impact fees are assessed and if those costs are included in a 30-year mortgage, the
. additional costs to the homebuyer will be approximately $15,000. He stated that this results
in less money being available to spend in businesses, thus less circulation of a dollar in the local
economy.
Mr. Clair Daines stated he resides south of the city limits, and has lived in Bozeman for
30 + years. He noted that concerns have been expressed about the impacts of development
within the city, however, he suggested that the entire valley should be considered. He stated
that a review of the lots available revealed there are 150 lots currently available in the city
limits and 583 lots available in the donut, Belgrade and other cities in the County. He noted
that of the lots available for less than $45,000, 85 percent of them are outside city limits and
14 percent are inside city limits. He stated that a review of the costs of developing a lot inside
and outside city limits revealed that the cost of developing a lot outside city limits is $10,000
. less than developing one inside city limits, assuming impact fees are being assessed at $6,000.
He indicated that, based on the assumed differences in costs, the bottom line difference
between a family living inside and outside city limits is $2,000 per year.
Mr. Daines turned his attention to the figures from the permit records, stating that the
number of permits issued in each of the past three years has remained essentially static while
the number of permits in the donut has steadily increased. He characterized each house not
built inside city limits as having a negative impact on the City, stating that at 40 homes per
year for ten years, the negative impact is significant. He concluded by stating that the
development community can live with the existing $2,000 level of impact fees but cannot live
with the $6,000 level of impact fees assessed at the 100 percent level.
Mr. Bob DuBose, 5020 Justice Lane, stated he is a retail business owner and serves on
. the board of the Southwest Montana Building Industry Association. He said he has long been
a proponent of fair and reasonable impact fees, characterizing them as an essential part of the
overall mix of revenues. He also advocates development of infrastructure to attract business
to support the economy and to provide jobs in the community. He expressed his appreciation
for the new capital improvement program working document, stating that is a valuable first
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step in the budgeting process. He noted, however, that this document is based on the
projections that impact fees will be increased to 90 percent over the next five years, which will
result in $7.9 million in revenues but only $3.4 million in projects have been identified.
Mr. DuBose stated he understands the need for impact fees, and suggested that they be
. set at the level needed to generate the monies to fund the projects identified in the capital
improvement program instead of twice the amount needed. He then forwarded his desire to
aggressively supporting any County action to eliminate the imbalance between the City and
County fee structures as well as to pursue other funding sources. He encouraged
the
Commissioners to seek authorization for local funding options at the Legislature, particularly
since tourists currently enjoy a free ride even though they impact the infrastructure.
Mr. Kevin Click, 514 North Montana Avenue, asked those in the audience opposed to
increasing impact fees to raise their hands. After a substantial number of those in attendance
raised their hands, Mr. Click stated that most of those individuals will not be speaking tonight,
but they have spoken loudly by their presence. He then asked the Commissioners to
individually address whether raising impact fees to the maximum levels will
remove
. requirements for exactions and the signing of waivers.
Commissioner Youngman responded that the City has a structure in place for credits and
paybacks for certain types of improvements not wholly generated by a project.
She then
forwarded her anticipation that exactions and waivers will remain a part of the mix, particularly
if the improvements are strictly project-related. She stressed that if exactions and waivers are
required, they will not be for the same things as the impact fees are designed to cover.
Commissioner Frost stated that he expects, when impact fees have been raised to 90
percent, there will be no more exactions required, and waivers might be required in certain
instances. He stated that, at 90 percent impact fees, the capital improvement program should
be able to address the construction of off-site infrastructure improvements for any new
development.
. Mr. Lowell Springer, 201 South Wallace Avenue, noted it is very evident, from the
testimony submitted, that both sides can do a lot with figures. He then encouraged
the
Commission to not raise impact fees to a level that generates more revenue than the City plans
to spend. He also encouraged the Commission to look closely at the credit system for the
impact fees, since it is difficult for people to understand and difficult for the staff to administer.
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He suggested that a more simplified credit program, under which a developer could receive
dollar-for-dollar credit for completing a project on the capital improvement program list, would
be a better approach.
Mr. Gene Graf, representing Gallatin Development Corporation, noted that the GDC
. focuses on expanding existing development opportunities and attracting new, appropriate
employers to the community. He cautioned that the loss of any employer in the community
can have devastating effects on the economy. He noted that the high tech industry provides
technical jobs in the $34,000 range, compared to the $20,000 range offered for many of the
other jobs in the community. He stated that these jobs have a very low impact on the
environment and the infrastructure and bring new money into the community, since 90 percent
of the markets for most technology companies is outside Montana. He also noted that these
companies provide an opportunity for MSU graduates to remain in Montana.
Mr. Graf reminded the Commission that, while high tech businesses have been identified
by both the City and GDC as being desirable, Bozeman has no incentives, such as tax credits,
property tax breaks, cash back incentives or free land to offer. He expressed
concern that
. increased impact fees will further serve to detract from Bozeman as a competitive place in
which to locate.
Mr. Graf noted that not all new commercial buildings are built by businesses new to the
community, nor are all new homes built by newcomers. He concluded by asking that the
Commission leave the impact fees at their current level.
Mr. Dan Schmidt, Manager of the Comfort Inn, questioned what really constitutes an
impact. He noted that the Comfort Inn is locally owned and operated and, of its 31 employees,
seven are full-time and earn an average wage of $13.93 per hour. He stated that the motel
does a lot of business with other businesses in the community, and makes a significant number
of charitable contributions throughout the year. He recognized that he is just one business in
the community, but suggested that others provide similar benefits to the community.
. Mr. Schmidt expressed concern that an increase in impact fees will "hurt the little guy",
not businesses like WalMart or Costco. He noted that a 1,000-square-foot business cannot
afford to expand if impact fees are assessed at a higher level. He then noted that there is a
real need for additional meeting space in Bozeman, but it is extremely difficult for a business
to be able financially to provide that space. He cautioned that if impact fees are increased, this
03-1 6-98
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type of business and probably some of the residential development, will be pushed outside city
limits. He then encouraged the Commission to consider all of the positive impacts which
businesses have on the community, not just the negative impacts on infrastructure, when
considering an increase in the impact fees.
. Mr. Tom Hunter, owner of 502 West Story Street, stated he is a senior citizen on a fixed
income who has just completed a house outside city limits. He said he has been a farmer all
of his life and has just completed 30 years as a school administrator.
He noted that, as a
school administrator, he was involved in finances. He cautioned that increasing impact fees
to the level proposed in the ordinance could result in shutting down businesses, which would
be devastating. He noted that impact fees are a one-time fee; however, property taxes are paid
for the life of the building, and that can be 150 years.
Mr. Hunter characterized the tax structure in Montana as the worst he has seen.
He
noted that growth is going to occur because of the quality of life. He observed
that at the
present time, Bozeman has beautiful schools; however, he is concerned that with the existing
tax structure and growth, the community will not be able to support the schools.
. Mr. David Andreassi, 1051 Boylan Road, noted that the Commissioners requested
information on exactions and off-site improvements for some of the recent subdivisions and
developments and asked that that information be shared with the audience.
Mayor Stiff stated that he and Commissioner Rudberg contacted several of the
developers involved in recent applications to gather information on the costs of off-site
improvements to these developers. He stated that the Valley West Annexation is providing
$5,675,000 in improvements, both voluntary and required. He noted that Gene Graf, on behalf
of the Gallatin Center, indicated that 13 ~ acres of land was donated for the construction of
North 19th Avenue and the 1-90 interchange and 54 acres dedicated to open space within the
Gallatin Center; his portion of the SID for the Northwest Water Line is $700,000; and Costco
paid $350,000 for off-site improvements, including the traffic signal at North 19th Avenue and
. Valley Center Drive.
Mayor Stiff stated that he also contacted representatives from the Cupola development
at the end of East Mendenhall Street. He noted that if Highland Boulevard is extended from
Main Street to North Rouse Avenue, a significant portion of that roadway will be constructed
in conjunction with that development. He stated that the developer will pay approximately
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$2.4 million on that project, while the City will be responsible for $596,000.
He also noted
that approximately 50 percent of the land is to remain in open space under this development
proposal. He then concluded by noting that these three developers have contributed
approximately $15 million in improvements in conjunction with their projects.
. Commissioner Rudberg stated her figures are very similar. She noted that for the Manley
annexation, on-site improvements will cost $1,235,000 and off-site improvements will cost
$313,000. She noted that the Valley Commons development provided waivers of right to
protest in addition to improvements.
Mr. Greg Vidmar, 410 Sheridan Avenue, stated he has been a builder in Bozeman for
fifteen years. He noted it is alright for a Commissioner to change his or her position
on an
issue, particularly after receiving additional information which may not have previously been
available. He showed graphs of impact fees in Bozeman and other communities in the country,
noting that Bozeman's impact fees are comparable to those charged in the other communities
listed. He then showed a listing of the taxes paid on those same communities, noting that
Bozeman is in the top one-third of that listing.
. Mr. Vidmar noted that Sunday's edition of the Bozeman Daily Chronicle contained an
article on the results of interviews with 2,000 college students, and 81 percent of the freshmen
interviewed indicated that they would like to own a new home. He noted that the City's vision
statement is "Bozeman, Montana: the most liveable place", and its mission statement is "To
enhance the quality of life through excellence in pUblic service". He questioned
how these
statements can be met with increased impact fees.
Mr. Vidmar concluded by encouraging the Commissioners to take a look at the
information which has been provided and to consider what other communities are doing. He
noted that people will continue to move to the Bozeman area; however, he is concerned that
if the impact fees are too high, they will move outside city limits. He also encouraged
the
Commissioners to consider making housing as affordable as possible inside city limits.
. Mr. David Smith, Executive Director of the Bozeman Area Chamber of Commerce, noted
that the capital improvement program working document contains $131 million in projects. He
noted that these are the needs identified by staff, but questioned whether any public input has
been provided on those needs. He also expressed concern that it appears a single project may
be listed several times in the document, citing Fire Station No.3 and West Babcock Street as
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examples. He stated that some of the projects listed are being installed with private funds,
such as the Northwest Water Line, but those private funding sources are not identified.
Mr. Smith questioned whether some of the amounts listed in the document are realistic,
citing the Y2-mile section of North 19th Avenue between Main Street and Durston Road, at an
. estimated cost of $4.1 million, as an example. He also questioned whether some of the needs
are realistic, citing a recreation facility at an estimated cost of $4 Y2 million and a second
swimming pool as examples. He raised the issue of whether the widening of Highland
Boulevard to four lanes is necessary. He also noted that the proposal to construct pedestrian
overpasses over South 11th Avenue, at a cost of $7.7 million, does not seem practical.
Mr. Michael Delaney stated he has lived in Bozeman since 1980, and currently resides
at 3B Gallatin Drive. He indicated that he is opposed to impact fees.
He noted that before
impact fees were initiated, construction of 200 apartments along Durston Road was initiated,
along with several other dwelling units. He said a number of people have categorically stated
that they would not have undertaken construction of those units if impact fees had been in
place, even at $2,000 per unit. He encouraged the Commissioners to look at the long-term
. issues, and to recognize the implications of development not occurring within city limits.
Mr. Delaney observed that over 5,000 people in Bozeman rent their homes. He noted
that efforts have been taken in the past few years to encourage construction of rental housing
to stabilize the rents at a reasonable level. He noted that, with the additional rental units on
the market, rents have decreased an average of $50, which puts that much more into the
overall economy of the community. He recognized that the City did not receive $400,000 in
impact fees from those units; however, he suggested that the benefit to the community is
much greater than that. He concluded by proposing that the Commission consider lower or no
impact fees on larger units, such as four-plexes and above, to encourage the continued
development of affordable housing units.
. Break - 8:55 to 9:05 D.m.
Mayor Stiff declared a break from 8:55 p.m. to 9:05 p.m., in accordance with
Commission policy.
03-1 6-98
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Ordinance No. 1464 (continued) - increasina the Dercentages at which street imDact fees. fire
imDact fees. water imDact fees and wastewater impact fees are assessed
Mr. Bill Mitchell, 122 South Church Avenue, noted that, not only are Bozemanites
moving up and down in the housing market, but other Montanans are moving here and out-of-
staters are moving in. He noted that Butte-Silver Bow recently used tax incentives to attract
. a new business to the community, with construction jobs provided for 300 people for two
years, at an average annual salary of $35,000. He stated that, as a result of its ability
to
attract new business, the mill levy has been reduced over the past few years. He then
encouraged the Commission to consider the overall community when addressing this issue.
Mr. Dan Kamp, 14 Park Plaza Drive, stated that he served on the City-County Planning
Board for eight years. He noted that when he served on the Board, they attempted to find
ways to encourage development within the city to take the pressure off development in the
county, largely because of their concern about thE:! long-range impacts that development in the
county might have on the quality of life in the valley. He recognized the City's need for funding
for the very critical elements associated with growth. He encouraged the Commissioners to
. consider long-term impacts on growth patterns and the attendant impacts on the valley as they
take action on this issue.
Mr. Ken VanDeWalle, 801 Fridley Street, stated he recently purchased one of the last
remaining lots in the northeast part of the city, near the lumber companies. He noted that the
water and sewer infrastructure in that area is old, and the water mains are too small. He then
asked if impact fees will be used to upgrade those facilities. He noted that if impact fees are
increased to 100 percent, he will pay approximately $7,000 in impact fees on his new home
and, if impact fees are not used to upgrade the infrastructure in that area, he will not receive
any benefit from those fees.
Mr. VanDeWalle stated he is opposed to urban sprawl and is for living in the downtown
area, within walking distance of many businesses. He indicated that, while he is not opposed
. to some increase in the impact fees, he feels that raising them to 100 percent is inappropriate.
Mr. Jeff Krogstad, 323 North 21st Avenue, stated he is very, very opposed to raising
impact fees because he views it as taking money from the community. He also noted that very
little of the revenues collected to date have been expended.
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Mr. Krogstad then stated his concurrence with many of Mr. David Smith's comments
about the capital improvements program working document. He noted that, from a practical
standpoint, he does not feel the proposed pedestrian overpasses on South 11 th Avenue will
be used. He stated that he attends school on campus, and he has encountered no problems
. in crossing the street.
Mr. Krogstad noted that Belgrade is among the fastest growing communities in the state,
however, Bozeman does not appear on that list. He stated that, as a student, he recognizes
the impact that $50 a month can have. He concluded by encouraging the Commission to not
micro-manage the impact fee program.
Mr. Keith Miller, 3023 Erwin Avenue, stated his support for impact fees. He noted that
he is a new resident, and he chose Bozeman because of the way it presented itself. He
characterized $6,000 to $7,000 in impact fees as nominal, particularly when considering and
maintaining the desirability of the area. He stated that people must pay for the growth of the
community. He concluded by encouraging the Commissioners to raise the impact fees.
Mr. Richard Barber, 3240 Heeb Road, stated he is a second generation contractor in the
. area. He noted that during this type of discussion, the amount of money generated by new
homes is typically not discussed. He characterized himself as representing the working class
people, noting that he often hires local kids who have just graduated from high school,
providing them with a good skill and a good working wage.
Mr. Barber stated that growth will eventually pay for itself. He then stated he is troubled
by impact fees and failure to encourage growth could result in people locating to other areas,
observing that Bozeman is not the only beautiful place in the Rocky Mountain region. He noted
that, on a long-term basis, growth is important to the community.
Mr. Barber noted that everybody talks about affordable housing. He stated that, because
the housing is not affordable in Bozeman, people are moving to the county and other
communities, which is resulting in decreased enrollments in the Bozeman schools.
He then
. noted that the American Planning Association advises that impact fees should not be
considered unless a community is growing at 5 to 7 percent per year for a multi-year period,
and the local growth rate has been rated at 2.2 percent for the past several years. He indicated
that a $5,000 impact fee per house will not generate a significant amount of revenue, but it
could be the difference between whether or not someone can afford a home.
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Mr. Barber stated that those who work in the construction industry break their backs to
make a living. He said people are not moving to Bozeman because they cannot afford not only
the impact fees, but the cost of the building permits and other costs. He noted that at one of
the previous meetings, one of the County Commissioners commented that they did not intend
. for the contractors to pass the costs along to the purchaser. He stressed that construction is
a contractor's livelihood, and the profit margin is already very narrow. He concluded by
encouraging the Commissioners to not increase the impact fees.
Mr. Ed McCrone, 2150 Story Mill Road, noted that most of the people live in Bozeman
because of its quality of life. He recognized that the cost of living in the area is high compared
to the wages. He characterized impact fees as an ill-conceived method of paying for
infrastructure improvements that should be borne by the entire community, not just those who
purchase new homes. He noted that impact fees can drive development outside the
community, so the City loses not only the impact fees but the property tax revenues as well.
Ms. Ileana Indreland, 3B Gallatin Drive, encouraged the Commissioners to let free
enterprise thrive and to not spend taxpayers' money on projects that free enterprise can do as
. well as or better than government. She suggested that this will lead to a more healthy
economic environment. She suggested that leaving impact fees at their current level and letting
people thrive and put money back into the economy is preferable to increasing the impact fees.
Mayor Stiff addressed some of Mr. David Smith's comments, stressing that the capital
improvement program is a working document which the Commission is just beginning to use
and which will be subject to refinement. He stressed that this document will not result in crazy
spending by the City, but provides a listing of what staff has identified as immediate and long-
term future capital needs.
Commissioner Frost asked that the Commission postpone action on this ordinance, since
a significant amount of information has been provided and many questions have been asked
to which he would like staff responses. He asked, in the alternative, that if the Commission
. wishes to proceed with a decision tonight, he be given an opportunity to review the information
that has been submitted prior to making that decision.
Commissioner Smiley stated she feels it is appropriate to delay the decision to allow the
Commissioners an opportunity to review the information received.
03-1 6-98
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Commissioner Youngman
stated her support for
delaying action, noting the
Commissioners have received 200 pages of material, and she would like to ask staff some
questions prior to making a decision. Commissioner Rudberg stated that
she has not heard
anything new tonight, but what she has heard has simply reinforced previous input.
. Mayor Stiff acknowledged that if a majority of the Commissioners wishes to wait, then
the decision will be delayed.
Commissioner Rudberg noted that under the impact fee program, impact fees may be
used only for items on the capital improvement program, which provides little flexibility to the
Commission, and asked if this requirement can be revised. She also noted that impact fees are
to be assessed when the building permit is drawn; however, in some instances, the street and
fire impact fees have been assessed on foundation only permits. She noted that foundations
certainly generate no impacts, and she feels the fees should not be assessed until the full
building permit is drawn.
Permit Coordinator Kirsten Emborg responded that a foundation permit is considered a
building permit so, in light of the way the impact fee ordinance is written, the street and fire
. impact fees are assessed at that time.
Commissioner Smiley asked that the staff respond to the questions raised about how
credits against impact fees are determined and monitored.
Commissioner Rudberg also asked for information about the question asked by Mr. Click,
stating she does not agree with Commissioner Frost's comment that when 90 percent impact
fees are assessed, no exactions will be required.
Following a brief discussion, City Manager Johnson indicated that if the Commissioners
wish, they may call a special meeting for next week to act on this ordinance, noting that staff
will review the questions and include responses in the packets on Thursday.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
Commission defer action on this ordinance until a special meeting to be held on Monday, March
. 23. The motion carried by the following Aye and No vote:
those voting Aye being
Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman
and Mayor Stiff; those voting No, none.
03~ 16~98
- 39 -
Adjournment - 9:45 p.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Rudberg, seconded by Commissioner Frost, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting Aye being
. Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley
and Mayor Stiff; those voting No, none.
ATTEST:
- ~
(}L /~
ROBIN L. SULtlVAN
Clerk of the -Commission
.
.
03-1 6-98