HomeMy WebLinkAbout1997-02-18 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
February 18, 1997
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. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, February 18, 1997, at 3:00 p.m. Present were Mayor Stueck,
Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman,
Acting 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.
Mayor Stueck asked if any of the Commissioners wished to remove any of the Consent
Items for discussion. Acting City Manager Brey requested that Commission Resolution No.
3161 be removed.
Minutes ~ February 3 and 10, 1997
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
. minutes of the meetings of February 3 and 10, 1997, be approved as submitted. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg,
Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those
voting No, none.
Decision - Zone Code Amendment - amend Section 18.04.350.A.3. of the Bozeman Municipal
Code to amend the definition of "casino" by reducing the number of video gamblinQ machines
which Qualify a business as a casino (2-9674)
This was the time and place set for the decision on the Zone Code Amendment, as
requested by the City Commission, under Application No. 2-9674,
to amend Section
18.04.350.A.3. of the Bozeman Municipal Code, to amend the definition of "casino" by
reducing the number of video gambling machines which qualify a business as a casino.
. Project Planner Christopher Williams gave a brief update on both this proposed
amendment and the next ag!mda item, since they pertain to the same issue. He reminded the
Commission that the current definition of "casino" provides that establishments with fifteen
or more gambling machines are considered casinos for purposes of zoning; and under this
proposed amendment, that number would be reduced. He further reminded the Commission
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that, following its public
hearing on January
22/ the Planning Board forwarded
a
recommendation that the number be lowered but recognized that the Commission should set
the number because this is a political decision.
The Project Planner noted that during last week's agenda meeting,
several questions
. were raised about how this reduction in number of machines might affect existing businesses
and whether those with fewer machines than the number in the definition could advertise
themselves as casinos without going through the conditional use process. He stated that the
City Attorney and Planning Director have concluded that inclusion of the word "casino" in a
business name constitutes a change in use; therefore, a conditional use permit would be
necessary. He further noted that adding machines would be construed as an expansion of a
non-conforming use if the existing number of machines or new number of machines exceeds
the number contained in the definition of "casino" / and that would also trigger the conditional
use process.
Project Planner Williams reminded the Commission that, following
the public hearing
on the proposed zone
code amendment to establish
a casino overlay district, the
. Commissioners directed staff to come back with a possible zone code amendment to change
the number of machines contained in the definition of "casino" because it had not been
specifically advertised prior to that public hearing. He further reminded the Commission
that
this zone code amendment pertains to that issue only, and that additional changes to the
definition of "casino" are addressed in the next agenda item.
The Project Planner completed his presentation by highlighting
the provisions of the
proposed casino overlay district by reviewing the proposed new section, dated February 18,
1997/ which he distributed just prior to the meeting.
Commissioner Stiff stated that, while he is fully supportive of
what the Commission
had originally set out to accomplish, he does not support any change in the number of
machines contained in the definition of "casino".
. Commissioner Youngman asked if any of the Commissioners who are
not supportive
of reducing the number in the definition to five machines would be willing to compromise on
a number between five and fifteen, stating she feels it is important to establish a number lower
than currently exists. She stressed the importance of recognizing that the City has the
statutory authority to establish a number lower than the State's for designation of a casino; and
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the City's current definition already reflects that authority. She expressed concern that leaving
the definition at fifteen machines will leave a "loophole big enough to drive a town of 'almost
casinos' through", and will allow businesses to expand their number of machines to fourteen
without going through any conditional use review. She noted that the increase in machines in
. the main business part of the community is what triggered the Commission to consider this
zone code amendment in the first place.
Commissioner Youngman stated she feels it is important to ensure there are
establishments where families can go to dine without being dominated by gaming machines.
She concluded by reiterating her interest in lowering the number of machines contained in the
definition.
Responding to Mayor Stueck, Acting City Manager Brey stated he does not know the
status of the bill in the Legislature which would reduce the State's definition of casino to five
machines.
Commissioner Rudberg stated that the moratorium on casinos, which she suggested
a year ago, has given the Commission time to consider various questions revolving around the
. issue of gambling. She noted that the Legislature is now struggling with many of the issues
surrounding gambling, and she feels it is premature for the Commission to take action before
the Legislature has completed its addressing of these issues. She stated that a unified state-
wide effort is more desirable than the piecemeal approach that would result from approaching
the issue on a local basis. She noted that, while she understands the intent is to reduce the
number of machines defining casinos to trigger the zoning regulations, she feels it is
inappropriate at this time.
Commissioner Rudberg characterized local
government as being "addicted
to
gambling", noting that Bozeman receives approximately $600,000 annually from this source
of revenue. She recognized that, while limiting gambling activities in Bozeman might make her
a hero to some of the residents in the community, those same individuals and others would be
. upset when services were reduced because the monies were not available to support them.
She concluded by stating that, while she supports the creation of an overlay district, she does
not support changing the number in the definition.
Commissioner Frost stated his support for lowering the number of machines in the
definition of "casino", noting that during the public meetings on this issue, strong support was
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forwarded for this proposal. He recognized that any limitations on gambling activities could be
legally challenged, although local governments have the statutory authority to do so. He
stressed that under this application, the City would simply be controlling the gambling activities
in the community, not decreasing or eliminating them and not decreasing the revenues which
. the City derives from this source. He forwarded his concern that many existing businesses
could add machines without any type of review, and he supports taking steps to ensure the
City has some oversight in those increases.
Mayor Stueck noted that a former Commission has already adopted a definition more
restrictive than State statute. He stated that he has a problem with lowering that number
because he has been unable to identify any problems to be addressed. He noted that, since
the Commission has been considering this issue, he has observed the machines in various
locations where they have been to see how many people are playing them, and seldom are all
of the machines in a location in use. He stated, as a matter of fact, that there are times when
only two of seventeen machines have been in use. He noted that statistics reveal the level of
gambling and its revenues have leveled off, and he does not feel the current market will support
. any significant increase in the number of machines in an establishment whether the definition
is changed or not.
The Mayor stated that, until the Legislature has acted on the bills currently under
consideration, he feels it would be inappropriate for the Commission to adopt any change in
numbers of machines defining a casino. He characterized this proposed zone code amendment
as an effort to resolve the State's problems, and he feels they should "try to take care of their
own house", rather than the City trying to address the issue. He indicated his support for the
amendment under consideration in the next agenda item, noting that the overlay zone is
appropriate and will allow the Commission to protect the core of Bozeman and the community.
Commissioner Youngman argued that the same State statute which gives the
Commission the authority to address the zoning issues allows the Commission to set the
. number of machines identifying a business as a casino. She also questioned how a
Commissioner can vote for one amendment and not the other, particularly in light of the public
testimony received.
It was moved by Commissioner Stiff, seconded by Commissioner Rudberg, that the
Commission not approve the Zone Code Amendment, as requested by the City Commission,
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under Application No. Z-9674, to amend Section 18.04.350.A.3. of the Bozeman Municipal
Code, to amend the definition of "casino" by reducing the number of video gambling machines
which qualify a business as a casino. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Stiff, Commissioner Rudberg and Mayor Stueck; those
. voting No being Commissioner Youngman and Commissioner Frost.
Decision - Zone Code Amendment - add Chapter 18.45. creatina a casino overlay zone
(Z-9674)
This was the time and place set for the decision on the Zone Code Amendment, as
requested by the City Commission under Application No. Z-9674, to add Chapter 18.45,
creating a casino overlay zone.
Commissioner Frost stated he feels this zone code amendment is a step in the right
direction, although he cautioned that it may be only part of the solution.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
Commission approve the Zone Code Amendment, as requested by the City Commission under
. Application No. 2-9674, to add Chapter 18.45, creating a casino overlay zone, as forwarded
in the information dated February 18, 1997, except the changes to Section 18.04.350.A.3.,
and authorize and direct staff to bring back an ordinance implementing this amendment. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those
voting No, none.
City Attorney Luwe stated that staff will bring back an ordinance for Commission
action in two weeks.
Ordinance No. 1438 - Zone Map Amendment - "R-S" to "R-MH" - 17.49 acres known as
Springhill Park Subdivision. located in the SEY4. Section 23. and the SE%. Section 24. T1 S.
R5E. MPM (east of Springhill Road. north of Riverside Country Club)
. Previously included in the Commissioners' packets was a copy of Ordinance No. 1438,
as approved by the City Attorney, entitled:
ORDINANCE NO. 1438
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA. AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT
DESIGNATIONS BY AMENDING THE ZONING DESIGNATION FROM "R-S"
(RESIDENTIALnSUBURBAN COUNTRY ESTATES) TO "R-MH" (RESIDENTIAL--
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SINGlE-FAMll Y MOBilE HOME) ON 17.49 ACRES KNOWN AS SPRINGHill
PARK SUBDIVISION, lOCATED IN THE SOUTHEAST ONE-QUARTER OF
SECTION 23 AND THE SOUTHWEST ONE-QUARTER OF SECTION 24,
TOWNSHIP 1 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN.
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
Ordinance No. 1438, amending the zoning designation from "R-S", ResidentialnSuburban
. Country Estates, to "R-MH", ResidentialnSingle-family Mobile Home, on 17.49 acres known
as the Springhill Park Subdivision be finally adopted. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg,
Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none.
Appointment to Audit Committee
Appointments to Beautification Advisory Board
Appointment to Community Affordable Housing Board
Appointment to library Board of Trustees
Appointment to Tax Increment Financing Industrial District (TIFID) Board
Included in the Commissioners' packets was a memo from Clerk of the commission
Sullivan, dated February 12, forwarding a listing of those who had applied for the various
. boards.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that Vern
Voegele be reappointed to the Audit Committee, with a two-year term to expire on February
28, 1999; and that Mary Oliveros Acord be appointed to the Beautification Advisory Board,
with an initial term to expire on June 30, 1999. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner
Frost, Commissioner Youngman and Mayor Stueck; those voting No, none.
Commissioner Rudberg suggested that a note be sent to the three boards for which no
applications had been received, encouraging them to seek applicants for those positions. She
forwarded a proposal that advertisements for applications for the various boards and
commissions be done four times a year, to decrease costs, expressing her concern that
. advertising again and again with no results becomes expensive.
Commissioner Youngman cautioned that under the Commission's current policy, only
applications received by the deadline may be considered. She noted that an alternative to this
process was previously forwarded but not adopted, and suggested that now may be the time
to bring it back for Commission consideration.
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Commissioner Rudberg requested that this be placed on a future work session agenda
for discussion.
Acknowledae receiPt of mid-year budget review; authorize Mavor to sign attendant budaet
amendments
. Assistant Finance Director Peg Biekert noted that a copy of the mid-year budget review
was forwarded in the Commissioners' packets, in a memo from Administrative Services Director
Gamradt dated January 29, 1997. She noted that the format of the financial summary on the
first page has been revised to include the beginning fund balance, taken directly from the
audited financial statements for the previous fiscal year. She stated this summary concludes
with the projected ending fund balance, so the status of each fund group can be more easily
monitored. She then indicated a willingness to respond to questions about the specific
amendments resulting from this budget review.
Commissioner Stiff stated he had requested that budget reviews and the attendant
budget amendments be listed as a line item rather than on the consent agenda, noting he feels
. it is important for the Commission to receive a presentation from the Finance Department prior
to approval of the amendments.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission acknowledge receipt of the mid-year budget review, and authorize and direct the
Mayor to sign the attendant budget amendments. The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner
Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none.
Discussion - reauest from HRDC for additional funding for activities pertainina to affordable
housina
Acting City Manager Brey noted that, previously distributed to the Commission, was
a copy of a letter from Mr. Jeff Rupp, Human Resource Development Council, to City Manager
. Wysocki, dated January 23, outlining the scope of activities in which they were involved in
1996, and requesting an increase in their monthly stipend from $500 to $1,200 in light of their
expanded duties.
Mr. Jeff Rupp, Executive Director of the Human Resource Development Council, gave
a brief history of the relationship between the City and HRDC, noting it began in 1983 with the
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HRDC performing the duties of a limited housing authority for the Greenwood Plaza housing
project. He noted that in 1994, the role was expanded to include administration of the CDBG
Revolving Loan Fund; and in 1995, it was expanded further to include administration of the
Community Housing Fund.
. Mr. Rupp stated that, with the City's assistance, 1 08 new units of affordable housing
have been developed, an accomplishment of which the Commission should be proud. He noted
that the HRDC involvement has included not only administration of the funds, but assistance
in construction, counseling, advising and working with developers. He cited the Montana
Peoples' Action group and Bozeman Interfaith Housing as examples. He also noted that HRDC
is working with Interfaith on five of the nine units in the Dairykeep project, to ensure that those
units are rented to qualifying families.
Mr. Rupp stated that in 1996, their agency began working with the developer of
Arcadia Gardens to ensure that the 32 units of affordable housing in that development are
rented to qualifying families. Additional activities have included paying the first month's rent
for some families, subsidizing rents for other families, and purchasing two homes to expand
. their homeless and transient assistance programs.
Mr. Jeff Rupp stated that these housing activities have occupied 50 percent of Caren
Couch's time. He stressed that additional efforts in the upcoming years will be necessary to
retain existing affordable housing stock, particularly as federal contracts ensuring affordability
begin to expire in the year 2000. He further noted that federal monies will not keep pace with
needs, so alternative sources of financing must be identified. He cautioned that 336 units in
this area will be impacted by those decreases in federal funding. He stated that, with the
additional funding requested, HRDC will be able to devote some of its energies toward
identifying possible sources of funding to retain the existing affordable housing units in the
community. He concluded by encouraging the Commission to recognize the additional duties
. which the HRDC has assumed and approve this request for additional funding.
Mayor Stueck thanked HRDC for their efforts to provide affordable housing. He stated
that, while the City has attempted to encourage affordable housing units, organizations like
HRDC and Interfaith Housing have actually provided those units. He also noted that many
mobile home spaces have been provided through approval of zoning applications during this
past year, stressing that no new spaces had been provided in the past ten years.
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Commissioner Stiff stated that some of the items contained in the list forwarded in the
letter dated January 23 are actually activities which apply only to the HRDC, and not to the
City. He recognized that HRDC's role in City activities has increased, however, he indicated
he is not willing to contribute toward activities which belong to HRDC because the City has
financial problems of its own. He stressed the importance of HRDC keeping the City informed
. about ways in which it can assist in obtaining or retaining funding assistance for affordable
housing, noting that he raised that same issue when HRDC staff made their presentation to the
Commission about six months ago.
Responding to questions from Commissioner Stiff, Ms. Carer:! Couch, Housing Director,
stated that HRDC is monitoring the records for Arcadia Gardens for the 32 affordable units to
ensure that every vacancy is properly filled and the proper records are maintained. She
indicated that HRDC does advise clients, and check and monitor their records as necessary to
ensure compliance. She indicated that projects currently monitored include Arcadia Gardens,
Interfaith Housing I and Comstock Apartments.
Responding to Commissioner Frost, Ms. Couch cautioned that the City "is not totally
. off the hook" for the bonds which funded the Arcadia Gardens project. She stated that recent
conversations with the Montana Board of Housing revealed that if that project does not remain
in compliance with the financing restrictions, it could negatively impact the City's bond rating.
Further responding to Commissioner Stiff, Ms. Couch stated that the request for
$1,200 in City assistance is based on the percentage of staff time devoted to City-related
projects. She noted that staff anticipates additional time will be required to ensure the
continued affordability of existing units.
Commissioner Rudberg recognized that the City does not have the resources to address
the issue of affordable housing but HRDC does. She feels it is appropriate for the HRDC to
continue providing services to the City and feels the requested increase in funding is
. appropriate.
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the request from HRDC for an increase in funding from $500 to $1,200 per month for
affordable housing activities be approved, effective immediately. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner
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Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Commissioner Frost
abstained since he is employed by HRDC.
Acting City Manager Brey reminded the Commission that this action will require a
budget amendment, which will be processed in conjunction with future budget amendments.
. Update re leQislative issues
Acting City Manager Brey stressed that he has been unable to track this year's
legislative actions as closely as he would like. He indicated, however, that he has identified
some bills which are worthy of monitoring. HB388, which would limit the City's extraterritorial
building authority, was scheduled for third reading today; and the City submitted testimony in
opposition.
Commissioner Stiff stated that he was notified of this issue and contacted Alec Hansen
at the League office. He noted that he and Commissioner Rudberg signed a letter of
opposition, which was forwarded to Bozeman's representative.
Commissioner Youngman stated that, since the Gallatin Council of Governments had
. taken a position of opposition, she forwarded letters of opposition on behalf of the Council.
The Acting City Manager stated that he and City Attorney Luwe testified last week
regarding the casino bill, but he has no results as of this time. He then reviewed other bills of
which he is aware, including a bill which would eliminate the loophole in the location of
facilities with liquor licenses within 600 feet of schools and churches; and a bill to authorize
park and forestry maintenance districts. He noted that HB466 would allow local governments
to participate in traffic studies and would set time limits for the Montana Department of
Transportation to respond to those results.
Mr. David Smith, Executive Director of the Bozeman Area Chamber of Commerce,
stated the Chamber once again has a lObbyist in Helena. He stated that the Chamber is
. carefully monitoring some of the bills before the Legislature, including HB166, which would
remove the earmarked designation from approximately 40 different funds, placing them into
the State's general fund. He noted that this includes the bed tax monies, and they are trying
to get that source of revenue removed from the bill. He stated that LC439 is a bill about which
both the Chamber and the City should be concerned because it would funnel some of the
accommodations tax to other programs. Also, HB249 would place a cap on the portion of
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accommodations tax revenues available for the tourism promotion program, with the remainder
of the revenues being used to fund other programs, such as funding to local governments for
infrastructure improvements. He stressed that, while the Chamber is supportive of finding
funding alternatives to address the infrastructure improvements, it feels this is inappropriate and
. forwarded his appreciation that the City wrote a letter in support of that position. He noted
that the petroleum dealers' association is opposed to local option gas taxes, however, they
have indicated a willingness to accept a higher state tax with those additional revenues being
distributed back to local governments. He suggested that this source of funding could be used
as an alternative to increasing the impact fees for streets to 100 percent of the level possible.
Mr. Smith stated that the Board has indicated support for the Governor's "Today and
Tomorrow" program, recognizing that this might provide a mechanism for the City to fund
some of its infrastructure needs. He stated that the Chamber has opposed HB580, which
would prohibit governments from competing with private enterprise because MSU would then
be unable to provide space for conferences and conventions and that would negatively impact
the community.
. Commissioner Stiff stated that last week, he attended the Bozeman/Belgrade basketball
game at the new gymnasium in Belgrade. He noted that facility is very beautiful, and
suggested that Bozeman and Belgrade should work together to attract tournaments as well as
conferences.
Mr. Smith responded by stating that they currently do and, in fact, the Bozeman Area
Chamber of Commerce has contributed to sponsoring of tournaments in Belgrade, and will
continue to do so.
Commissioner Youngman stated that last week, the Gallatin Council of Governments
tried to identify a process for notifying all interested parties about upcoming hearings. She
noted that having this information in the Commission packets is of no real, value, and suggested
. that alternative methods for notifying City Commissioners should be established, possibly by
faxing to those who have machines readily available.
Commissioner Rudberg stated that she typically reads the hearings calendar published
in the Bozeman Daily Chronicle. She noted that when a bill of interest surfaces, she calls
Helena and leaves her personal message, rather than identifying herself as being with the City.
Commissioner Youngman noted that the Gallatin Council of Governments has taken a
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stand on 20 to 30 issues, and added to that list at their last meeting. She suggested that
attaching bill numbers to each of those issues to ensure that everyone involved is submitting
testimony consistent with the Council's positions, particularly since there are several bills
pertaining to some of the issues identified.
. Commissioner Stiff suggested that, since she has the electronic means readily available,
Commissioner Youngman could forward any impending issues she has identified to the Clerk
of the Commission, for distribution to all interested parties. He also suggested that regular
conversations with Alec Hansen, Executive Director of the Montana League of Cities and
Towns, could also provide valuable information on what is pending.
Commissioner Youngman provided a brief update on 58215 and 58279, both of which
pertain to mobile homes.
Acting City Manager Brey stated that under proposed legislation, enforcement of
compliance with ADA provisions is to be done by the Building Department. He noted that,
since the City has managed to successfully enforce those provisions through its zoning
processes, it will closely monitor this legislation.
. Responding to Mr. David Smith, the Commissioners indicated their desire to see the
written legislation for the "Today and Tomorrow" program before taking a position, although
they noted general support as long as it is written in an acceptable manner.
Commission Resolution No. 3161 - intent to amend the 1990 Bozeman Area Master Plan
Uodate bv amendina the land use element from "Urban Residential" to "Urban Residentiallnfill"
and "Commercial" on 120.37 acres located in the SE~. Section 14. T2S. R5E. MPM
Included in the Commissioners' packets was a copy of Commission Resolution No.
3161, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3161
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA. STATING THE CITY'S INTENT TO AMEND THE 1990 BOZEMAN
. AREA MASTER PLAN UPDA TE BY AMENDING THE LAND USE ELEMENT
FROM "URBAN RESIDENTIAL" TO "URBAN RESIDENTIAL INFILL" AND
"COMMERCIAL" ON 120.37 ACRES LOCATED IN THE SOUTHEAST ONE-
QUARTER OF SECTION 14. TOWNSHIP 2 SOUTH,
RANGE 5 EAST,
MONTANA PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA.
Acting City Manager Brey reminded the Commission that he had requested this item
be removed from the Consent Items for discussion, in response to a request from Commissioner
Frost.
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Commissioner Frost asked all of the Commissioners to consider the following facts as
they review this application for designating more land for commercial development. He noted
that approximately 250 acres along North 19th Avenue have been approved for commercial
development. He noted that, in comparison, the B-2 zoned area in the core of the community
contains a total of 140 acres, of which only 40 acres is in commercial development. He
e expressed concern that approval of this application could result in what someone has termed
"oil well zoning", particularly since it would depress commercial areas which are already
partially developed. He stated it appears there is an adequate supply of commercially zoned
property in the community, and he is concerned about changing the land use designation on
even more property currently designated for residential development to allow for commercial
development.
Commissioner Rudberg suggested that commercial property will be developed only if
the market demands it.
Commissioner Stiff characterized this as a "pivotal intersection" to the city, and one
that will be developed.
. Commissioner Frost stated he continues to be concerned about the addition of
commercial property, at the expense of residential property, although he does recognize the
need to provide an area for commercial development in this part of the community. He then
asked that the Planning staff provide the Commission with some objective figures on how much
commercial property is needed in a community the size of Bozeman.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission adopt Commission Resolution No. 3161, stating the City's intent to amend the
1990 Bozeman Area Master Plan Update by amending the land use element on approximately
120.37 acres located at the southwest corner of the intersection of South 19th Avenue and
Kagy Boulevard extended. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner
. Youngman and Mayor Stueck; those voting No, none.
Discussion - FYI Items
Acting City Manager Brey presented to the Commission the following "For Your
Information" items.
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(1 ) Letter from Lisa Lotte Hardiman, dated February 11, 1997, 1000 North 17th,
regarding the Commission's speed limit decision on North 19th Avenue between Oak Street and
Durston.
(2) List of issues to be included in letter to the Montana Department of
. Transportation regarding the proposed speed limits on 19th Avenue, as submitted by
Commissioner Rudberg.
Mayor Stueck asked for Commissioner verification that they supported the 55 mile-per-
hour speed limit from Springhill Road to West Oak Street, dropping to 35 miles per hour from
there to Durston Road and then 25 miles per hour from there to West Main Street, 35 miles per
hour from West Main Street to West College Street and 45 miles per hour from there to Kagy
Boulevard.
Commissioner Stiff asked if the Montana Department of Transportation would approve
a 20 mile-per-hour drop, or if a 10 mile-per-hour drop is required.
Commissioner Frost expressed concern about disagreeing too much with the speed
studies if such disagreement may delay their implementation.
. Commissioner Rudberg stated she feels it is important to draw the Transportation
Commission's attention to the roadside culture, so they can make an informed decision, not
one based strictly on technical data.
Commissioner Youngman asked that the letter to the Montana Department of
Transportation be couched in polite terms.
(3) Letter from Diane H. Kelly, 1510 South Grand, dated February 10,1997,
regarding several different issues.
(4) Anonymous letter, dated February 18, 1997
urging proper zoning and
consistency throughout the state, especially concerning casinos.
(5) Note of thanks for the farewell reception from past City Manager Jim Wysocki.
(6) Agenda for the Development Review Committee meeting, to be held at 10:00
. a.m. on February 18 in the Commission Room.
(7) Agenda for the Gallatin County Commission, to be held at 1 :30 p.m. on
February 18 in the Courthouse Community Room.
(8) Agenda for the City-County Planning Board, to be held at 7:00 p.m. on
February 19 in the Commission Room.
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Commissioner Stiff noted that critical lands is listed under old business, and it appears
that the study may extend into the new fiscal year. He expressed concern that continuation
of this study not be prioritized higher than some of the other important issues that are
surfacing in the Planning Department.
. (9) The Acting City Manager submitted his weekly report, as follows. (1) Stated
that the auction at the Haynes Building on Saturday grossed approximately $9,200. (2)
Announced that Billings has been selected as the Lead Community for the Rebuild America
grant. He noted, however, that completion of the grant application may have led to spin-off
activities that will be beneficial to Bozeman. (3) Reminded the Commissioners of a memo from
Project Planner Christopher Williams regarding the possibility of developing code language to
provide for sign contractor liability for improper sign installations. He noted that this issue was
discussed as long ago as the 1980s and indicated that, if the Commissioners are interested,
he will place it on an upcoming agenda for discussion, possibly in a work session. (4)
Reviewed the items to be discussed at next week's work session.
(10) Responding to Commissioner Frost, Acting City Manager Brey stated that staff
. met with some of the residents along South Third Avenue after the Commissioners received
the packet of information from them.
(11 ) Commissioner Rudberg stated that she attended several meetings and
activities, including the Development Review Committee, the Design Review Board, the ribbon
cutting ceremonies for Buttreys, the Chamber of Commerce meeting and the meeting at the Fire
Department in preparation for the table top emergency exercise.
(12) Commissioner Stiff submitted the following. (1) Attended the Cemetery Board
meeting last week. He noted that they are actively pursuing the drilling of wells for irrigation,
so they no longer need to pay the high water usage costs to the City that were established
under the Public Service Commission ruling in the early 1980s. He cautioned, however, that
the monies which have been budgeted to date will not begin to cover the costs of even one
. well. He stated the Board will be pursuing the creation of a legal entity to accept donations to
assist in operation of the cemetery. He noted that many of those who are interested in the
cemetery have "generations of family buried there" and remember when Lindley Park and the
cemetery were maintained as "an amazing flower garden". He stated that the Board recognizes
one of the Commission's top priority goals is a capital improvement program, and they are
02-18~97
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taking that goal seriously. (2) Attended the Development Review Committee. He
expressed
concern that, while it is very interesting, it is extremely difficult to hear, and suggested that
steps be taken to ensure those in the audience can hear the proceedings. (3) Expressed
concern that changing Commission meetings to Tuesdays because of Monday holidays has a
. negative impact on some of his other meetings, and has impacted Commissioner Rudberg as
well today. He forwarded his interest in planning future Commission meetings in a better
manner. (4) Stated that the Audit Committee has received eleven proposals for the audit for
the next two fiscal years, and is beginning the review process.
(13) City Attorney Luwe stated that he will be attending the MMIA Board retreat
later this week.
(14) Mayor Stueck submitted the following. (1) Stated that the Governor's Prayer
Breakfast is scheduled for March 7 in Helena. (2) Stated he has received information regarding
upcoming workshops for financing for various projects. (3) Stated that the selection committee
for the engineering firm to study the feasibility of a dam on Sourdough Creek interviewed five
firms and has selected a top candidate. He noted the process was very educational, indicating
. that issues discussed included water rights, stored water rights and water conservation. He
stated that having Gretchen Rupp participate on the committee was very beneficial, since she
recognized the questions which needed to be raised and did so in a very professional manner.
(4) Noted that the young man who wrote the Commission about providing an area for
skateboarding has found an alternative location, as reflected in a recent newspaper article about
a 4-H skateboarding club that uses one of the buildings at the Fairgrounds.
Consent Items
Acting City Manager Brey presented to the Commission the following Consent Items.
Acknowledae receiot of aoolication from lattice Materials Corporation for
reduction in taxes under Section 15-24-1402, M.C.A.; refer
to staff
. Reauest for vacation of rights-ot-wav for Junioer Street from North Rouse
Avenue to North Church Avenue and North Church Avenue from
Junioer Street south to the north edge of the allev - F
& M PartnershiD
(adjacent to M & W Reoair. 1010 North Rouse Avenue); refer
to staff
Authorize Acting City Manaaer to sign - Amendment No. 1 to Professional
Services Aareement for 1994 Water Reoair and Renovation
Proaram .
MSE-HKM. Inc.
02-18-
97
- 17 -
Award bid - nine lactoc comcuters for Police Department - Inacom Information
Systems. Bozeman. Montana - base bid clus accessories. in the total
bid amount of $22.128.00
Authorize Actina City Manaaer to sign - "Consent of Secured Parties"
certificate on final clat for Valley Commons Business Park Amended
Subdivision
. Building InSDection Division recort for January 1997
Claims
It was moved by Commissioner Stiff, seconded by Commissioner Frost, 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 Stiff, Commissioner Frost, Commissioner Rudberg,
Commissioner Stiff and Mayor Stueck; those voting No, none.
Recess - 5:20 D.m.
Mayor Stueck declared a recess at 5:20 p.m., to reconvene at 7:00 p.m., for the
purpose of conducting the scheduled public hearings.
.
Reconvene - 7:00 C.m.
Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting the
scheduled public hearings.
Public hearing - COA with deviations from several Sections of Title 18. BMC to allow an
addition to encroach 2 feet into 8-foot side yard setback. garaae to encroach into entire 8-foot
side yard and 10-foot rear yard setback. Dorch to exceed Va of wall lenath. and lot coverage in
excess of 40% on Lot 19 and WYz of Lot 20. Block 30. Park Addition - Colleen and John
Jaramus. 419 West Dickerson Street (Z-9694)
This was the time and place set for the public hearing on a Certificate of
Appropriateness with deviations from several sections of Title 18 of the Bozeman Municipal
Code, as requested by Colleen and John Jaramus, under Application No. Z-9694, to allow an
. addition to encroach 2 feet into the 8-foot side yard setback, a garage to encroach into the
entire 8-foot side yard and 10-foot rear yard setbacks, a porch to exceed 1/3 of the wall length,
and lot coverage in excess of 40 percent on Lot 19 and the west one-half of Lot 20, Block 30,
Park Addition. The subject property is more commonly located at 419 West Dickerson Street.
Mayor Stueck opened the public hearing.
02-18-97
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It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the
public hearing be continued to March 3, pending receipt of a recommendation from the Design
Review Board. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and
. Mayor Stueck; those voting No, none.
Public hearing - Commission Resolution No. 3158 - intent to annex 21.644 acres located in the
SE~. Section 14. T2S. R5E. MPM (northwest of intersection of Kaay. Boulevard extended and
South 19th Avenue) - Scenic Developers. Inc., and the Payne Family Trust (A-9606)
This was the time and place set for the public hearing on Commission Resolution No.
3158, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3158
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A
TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN
MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID
CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN
THE CORPORATE LIMITS THEREOF.
. Mayor Stueck opened the public hearing.
Assistant Planner Chris Saunders presented the staff report. He stated the subject
21.644-acre parcel is located northwest of the intersection of South 19th Avenue and Kagy
Boulevard extended. He noted that the applicant, in conjunction with the application for
annexation, requested zoning of B-2, Community Business, and R-4, Residential--High-density,
for this property. He stated that, because of confusion about how to apply the revised
annexation policy, however, staff did not begin processing the zone map amendment at the
same time. As a result, that process will lag behind the annexation and the master plan
amendment, which is the subject of the next public hearing.
The Assistant Planner stated that staff has reviewed this application in light of the four
goals and eleven policies established in Commission Resolution No. 3137, and staff's
. comprehensive findings are found in the written staff report which was previously distributed
to the Commission. He summarized those findings, concluding by stating that staff found the
application to comply with most of the goals and policies and forwarded a recommendation for
approval, subject to eight conditions. He stated that water and sewer services terminate north
of the subject property, but could be easily extended to serve the site. He stated that one of
02-18-97
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the recommended conditions is that the applicant pay the impact fees for streets and fire for
the existing house immediately upon annexation. He noted that the applicant has indicated his
intent to tear that house down and, therefore, has asked that he not be required to pay those
impact fees. The Assistant Planner encouraged the Commission to require that the impact fees
. be paid, noting that if the house is removed for new development, those fees will be credited
against the new project so that they are not paid twice.
Mr. John Marks, applicant, stated he is in general agreement with the staff's
recommendations. He then addressed the issue of commercial development at the intersection
of Kagy Boulevard and South 19th Avenue, noting it is the issue which has generated the most
concern . He reminded the Commission that approximately a year ago, he approached the
Commission with a proposal for some commercial and some residential zoning on ten acres.
At that time, it was the general consensus that some commercial zoning was needed on the
south side of the community and that the intersection of Kagy Boulevard and South 19th
Avenue was probably the appropriate place. However, concern was expressed that the
proposed eight-acre parcel was not large enough to accommodate the need for commercial
. zoning both now and in the future.
Mr. Marks stated that, as a result of studying the area and trying to determine the need
for development over the next twenty-five years, he has developed this new proposal, which
includes annexation of over 21 acres, and establishing land use designations of commercial on
56 acres and urban residential infill on 64 acres. He recognized that 56 acres might seem
large, however, the subject parcel is created by natural boundaries, including South 19th
Avenue, Remington Way extended, Stucky Road and a stream/ditch corridor. He stated that,
at a 2-percent annual growth rate, it will take 36 years for Bozeman's population to double; at
a 2 Y2 ~percent growth rate, it will take 29 years, and at a 3-percent growth rate, it will take 24
years. He suggested that a significant amount of that growth will occur on the south side of
the community, and this proposed commercial node would be appropriate for that growth. He
. stressed that this commercial area would be targeted for local services, not regional stores like
those found along North 7th Avenue and will be along North 19th Avenue. He noted that if
it is found the entire 56 acres is not needed for commercial development, then it can be infilled
with residential development.
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Responding to Commissioner Frost, Assistant Planner Chris Saunders stated that under
this annexation request, 18 acres would be designated for commercial development and slightly
less than 4 acres would be designated for urban residential infil!.
Responding to Commissioner Rudberg, the Assistant Planner stated that, under the
. City's current policy, impact fees for streets and fire are assessed at the time of annexation and
impact fees for water and wastewater are assessed at the time a building is connected to those
services.
Responding to Commissioner Stiff, the Assistant Planner stated that the alignment of
the westward extension of Kagy Boulevard is most appropriately addressed during subdivision
review. He recognized that the two conflicting maps in the 1990 Bozeman Area Master Plan
Update have been creating confusion on that alignment. He suggested that an alternative
might be for the Commission to direct staff to bring back a master plan amendment to establish
only one alignment, which would eliminate that confusion and provide clear direction to
property owners, developers and the staff as future development of this area is considered.
Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the Commission approve the request for annexation of 21.644 acres located northwest of the
intersection of Kagy Boulevard extended and South 19th Avenue, as requested by Scenic
Developers, Inc., and the Payne Family Trust, under Application No. A~9606, and authorize and
direct staff to bring back a resolution of annexation upon execution of the Annexation
Agreement and satisfaction of the following conditions:
1 . Fire and Street Impact Fees for the existing structure on the subject
property shall be paid concurrently with the annexation of the
property. At the time the existing structures apply for connection to
the City's water and sewer facilities those impact fees shall also
become due.
2. Water rights, or cash~in~lieu thereof, in an amount sufficient to supply
the site with City water (as calculated by the Director of Public
Service) shall be provided by the applicant at final plat, final site plan
. approval, or issuance of any building permit, whichever occurs first.
3. The applicant, Scenic Developers, shall dedicate to the City of
Bozeman by easement, one~half of the 90~foot~wide right~of~way
needed for the extension of Kagy Boulevard, that is, the 45 feet which
are on the applicant's property, unless otherwise provided.
4. The applicant, Payne Family Trust, shall dedicate to the City of
Bozeman by easement, the 90-foot~wide right-of~way needed for the
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extension of Kagy Boulevard, that is, the 90 feet which is on the
applicant's property, unless otherwise provided.
5. The applicant shall provide and file with the County Clerk and
Recorder's office executed Waivers of Right to Protest Creation of
SIOs for the construction of the following improvements:
a. Street Improvements to South 19th Avenue and Kagy
. Boulevard, including signalization, paving, curb and
gutter, sidewalks, and storm drainage facilities.
The Waiver shall specify that in the event SIOs are not utilized for the
completion of these projects, the property owner shall agree to
participate in an alternative financing method for completion of said
improvements on a fair share, proportionate basis as determined by
square footage of the property, linear front footage of the property,
taxable valuation of the property, or combination thereof. A copy of
the filed document shall
be submitted with the Annexation
Agreement.
6. The application shall provide water service to any future development
on the annexed property by means of extending fully looped water
mains from the City's central water distribution system.
7. Prior to any development of the proposed annexation, provision for the
required sanitary sewer service shall be provided by constructing the
sewer planned for the subject property's drainage area as shown and
described in the City's wastewater planning documents.
. 8. An annexation map shall be submitted by the applicant for use with
the Annexation Agreement. The map must be supplied on a mylar
(either 24-inch by 36-inch or 18-inch by 24-inch format) for City
records and on either letter or legal size paper for filing with the
Annexation Agreement with the County Clerk and Recorder.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor
Stueck; those voting No, none.
Public hearing - Master Plan Amendment - change land use desianation from Urban Residential
to Urban Residentiallnfill (64.04 acres) and Commercial (56.33 acres) - 120.37 acres located
in the SEY4 , Section 14, T2S. R5E, MPM (west of South 19th Avenue between Lincoln Street
and Stucky Road) (P-9653)
This was the time and place set for the public hearing on a Master Plan Amendment,
as requested by Scenic Developers, Inc. on behalf of themselves, Steve Aaker and the Payne
. Family Trust, under Application No. P-9653, to change the land use designation on 120.37
acres located in the Southeast one-quarter of Section 14, Township 2 South, Range 5 East,
Montana Principal Merdian, as follows: 64.04 acres from "Urban Residential" to "Urban
Residential Infill", and 56.33 acres from "Urban Residential" to "Commercial". The subject
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property is more commonly located along the west side of South 19th Avenue, between
Lincoln Street extended and Stucky Road.
Mayor Stueck opened the public hearing.
Assistant Planner Chris Saunders presented the staff report. He stated that this master
. plan amendment includes the 21.644 acres considered in the previous public hearing plus other
property lying to the west and south. He reviewed the requested amendment, which would
change the land use designated from "urban residential" to "urban residential intill" along the
west side, curving slightly around the northwest corner, and from "urban residential" to
"commercial" on the east side of the property.
The Assistant Planner stated that staff has reviewed this application in light of the tour
criteria established in the 1990 Bozeman Area Master Plan
Update, and the staff's
comprehensive findings are contained in the written staff report, which was previously
distributed to the Commission. He quickly reviewed those findings, stating that the subject
property would be served by South 19th Avenue and Kagy Boulevard, both of which have been
designated as arterials, and Stucky Road, which has been designated as a collector. He noted
. that these roads could handle the traffic loads that would be generated by development of this
property under the proposed land use designations, although some road improvements may be
necessary. He noted that the intersection of Kagy Boulevard and South 19th Avenue is already
a busy intersection, and it may be necessary to install a traffic signal at that intersection
because the additional traffic volume could result in an extremely hazardous condition. The
Assistant Planner then stated that water and wastewater services are available, although they
must be extended from their current terminating points to the north. He further noted that,
under the City's current policy, those services are not extended to properties located outside
city limits, so annexation would probably be necessary. He noted that three stream/ditches
have been identified on the subject property, and those corridors must be protected during
development.
. Assistant Planner Saunders stated that, while there is some vacant commercial land
in the community, there is very little located south of Main Street. Staff recognizes that this
area of the town will probably seek localized commercial services, and this application would
provide options for balancing of commercial development in strategic locations throughout the
community. He stressed that since South 19th Avenue is an entryway corridor to the
02-18-97
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community, the design objective plans will apply to development along that roadway, ensuring
that aesthetic issues are add ressed.
The Assistant Planner forwarded staff's conclusion that this application generally
complies with the criteria established for review. He stated, however, that the proposal to
e change the land use designation from "urban residential" to "urban residential infill" is
inappropriate without the property being annexed. On that basis, staff has recommended that
the land use designation on only the 3.1 acres included in the annexation request considered
in the previous agenda item be changed to "urban residential infill". He noted that, since the
"commercial" designation can be applied to properties both inside and outside city limits, it
would be appropriate to approve that portion of the request.
The Assistant Planner stated that the City~County Planning Board held its public hearing
on this application at the February 4, 1997, meeting. FOllowing that public hearing, they
concurred in staff's recommendation and have forwarded a recommendation for partial
approval, as outlined above, to both the City Commission and the County Commission.
Mr. John Marks, applicant, stated he has no additional comments at this time, but
. asked that the Commission consider his comments made during the previous public hearing.
Responding to Mayor Stueck, Assistant Planner Saunders stated that under the "urban
residential" land use designation, an "R-4" development could occur, if City water and sewer
services were extended to the site. He cautioned, however, that under current policy,
annexation would be required before those services would be provided.
Commissioner Frost restated the concerns which he had voiced during the afternoon
session of this meeting, stating he is concerned about the amount of commercial land which
exists within the community. He feels it is important for the Commission to know how much
"B-2" zoned land exists and where it is located, as well as knowing how much "B-2" land is
needed, so it can make informed decisions on this type of request. He stated that during
review of the recent rezonings along North 19th Avenue, he was shown a document which
. suggests that Bozeman has enough commercially zoned property for a community of 100,000
people at the present time.
Mayor Stueck noted that, since this property is located in the entryway overlay
corridor, development on a majority of the commercially zoned property will be subject to the
more stringent rules and regulations for review.
02-18-97
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Since there were no Commissioner objections, Mayor Stueck closed the public hearing.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
Commission approve the Master Plan Amendment, as requested by Scenic Developers, Inc. on
behalf of themselves, Steve Aaker and the Payne Family Trust, under Application No. P~9653,
to change the land use designation on 120.37 acres located in the Southeast one~quarter of
. Section 14, Township 2 South, Range 5 East, Montana Principal Meridian, as follows: 3.1
acres from "Urban Residential" to "Urban Residential Infill", and 56.33 acres from "Urban
Residential" to "Commercial"; and authorize and direct staff to bring back a resolution enacting
this amendment after the annexation process has been completed. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner
Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none.
Appellate hearing ~ appeal of ORB decision not to approve a reauest for modification of
approved final site plan to allow substitution of vertical metal siding for Drv~vit type sidina for
buildina at 2750 West College Street - Bozeman Dailv Chronicle (Z-9662A)
This was the time and place set for the hearing on an appeal filed by the Bozeman Daily
e Chronicle of the Design Review Board's decision, under Application No. Z~9662A, to not
approve a request for modification of the approved final site plan to allow substitution of
vertical metal siding for Dry~vit type siding on a building at 2750 West College Street.
Mayor Stueck opened the appellate hearing.
Acting City Manager Brey entered into the record a letter from Burton Wastcoat,
Coldwell Banker, dated February 7, in which he encouraged the Commission to not approve this
appeal.
Planning Director Andy Epple presented the staff report, a copy of which was included
in the Commissioners' packets. He stated that in July 1996, the Bozeman Daily Chronicle
submitted an application for a major site plan to construct a 41 ,500~square~foot building to
house their offices and production operations. The Planning Director stated that since a corner
. of the subject property is located in the West Main Street entryway overlay corridor, the
project was reviewed in light of the design objective plans.
Planning Director Epple stated that the major site plan was approved with a
combination of materials on the exterior, including CMU (concrete block), brick and EIFS (Dry-
vitI type siding. The applicant recently submitted a request to alter the plans by shortening the
02~ 18~97
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building by 14 feet on its west end and by substituting vertical metal siding for the Dry-vit type
siding previously proposed. The Planning Director stated that the Design
Review Board
considered this request for modification and, after lengthy discussions, they determined the
requested substitution was inappropriate. He noted that the reasons for that decision are
. contained in the written staff report, which include concerns about the industrial appearance
that vertical metal siding hast particularly since this building is located in a business park and
an entryway overlay corridor. Concerns were also expressed about the area on the west end
of the building that would be impacted by this change and the proposed combination of
materials that would result from approval of this change. He concluded by stating that the
Design Review Board was unable to approve this change/and the matter is now before the
Commission as the result of an appeal which was filed pursuant to the provisions of the City/s
zone code.
Mr. Dick Prugh, architect representing the Bozeman Daily Chronicle, gave a lengthy
presentation, using a model of the building and samples of the proposed exterior building
materials to demonstrate how the building would look when completed. He also showed the
. Commission a set of drawings depicting the building with vertical metal siding in place of the
Dry-vit type siding. He suggested that two issues need to be addressed at this time. First, he
stated the question to be answered is whether metal siding is acceptable in lieu of Dry-vit. The
second issue pertains to the design guidelines, and what is determined to be acceptable to the
City within its entryway overlay districts. He stressed that this proposed use is a principal use
in the BP district in which it is located, and there are no residences in the immediate
neighborhood. He further stressed that no deviations or variances are being sought and that
the landscaping far exceeds code requirements. He stated that this proposal does not seem
to conflict with any statements in the design objective plans as they apply to this entryway
corridor.
Mr. Prugh noted that one of the concerns raised by staff is how the vertical metal
. siding would look with the standing seam metal roof, and whether that combination would
result in a building which is too industrial in appearance for its surroundings. He contended
that the industrial appearance is
appropriate because a newspaper
is essentially a
manufacturing use.
02-18~97
* 26 -
Mr. Prugh turned his attention to the comments made during the Design Review Board
meeting, He noted that several questions and comments revolved around the combination of
materials and colors. He stated that this building, with its curved roofline, is a contemporary
building, and the proposed materials are reflective of a contemporary design. He recognized
. that this building is very large and, through the use of angles and changes in exterior materials,
he has attempted to develop a plan which will visually minimize that size. He stated that the
brick is to be used primarily around the office portion of the building at special points of
interest. The concrete blocks are to be used primarily around the bottom of the building, since
they are a tough material that is not negatively impacted by moisture.
Mr. Prugh acknowledged that the west end would have the largest expanse of metal
siding. He reminded the Commission that this is the direction in which the building will expand
and, since that expansion could occur earlier than one might expect, the applicant wishes to
keep the costs of the exterior as low as possible. He suggested that, with the amount of
landscaping proposed between that end and the roadway, the visual impact should be
dramatically reduced. He then forwarded his position that the long wall along West College
. Street will be the most visible part of the building, and he feels that its impacts have been
minimized through the use of windows and different materials.
Mr. Dick Prugh noted that one of the Design Review Board members suggested that
metal siding is not appropriate in this entryway. He reminded the Commission that the building
at the corner of North 7th Avenue and West Main Street, which is in a highly visible location,
was originally approved with brick and metal siding, although the metal siding was replaced
with Dry-vit when it was constructed. He noted that both staff and the Design Review Board
had supported the plans for that building as submitted.
Mr. Prugh expressed concern about some of the comments which were forwarded
during the Design Review Board meeting, stressing that different architects design projects in
different ways, based on individual preferences. He further expressed concern that the
. guidelines in the design objective plans do not specifically state what is and what is not
acceptable in a given entryway corridor. He concluded by encouraging the Commission to
approve this request.
Mr. Bill Mitchell, 122 South Church Avenue, stated that, when considering design
issues, what may be good for one person may not be for another. He cautioned against
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becoming too involved with the combination of materials and colors, unless those issues result
in a nuisance to or degrade adjacent properties.
Commissioner Frost stated his support for the non-traditional design and the use of
different materials. He recognized, in fact, that the drawings showing the metal siding are
. attractive on three sides. He stated, however, that he is concerned about the expanse of
vertical metal siding that would exist on the west end of the building under this proposal.
Responding to questions from Commissioner Frost, Mr. Dick Prugh stated that there
will be approximately 120 feet of landscaping between the edge of the property and the end
of the building after the expansion. He then stated that he used Dry-vit in the original design
because it is an accepted material and because of its insulation value. He recognized that using
vertical metal siding in its place will reduce costs. He then suggested that the vertical metal
siding could actually appear more broken up than Dry-vit because its texture will create
shadows. He then characterized the discussion of metal siding versus Dry-vit as a philosophical
one.
Responding to Commissioner Youngman, Planning Director Epple reviewed the intent
. of the BP zoning district, noting it discusses providing a variety of employment opportunities
in a high quality setting and professional campus-like environment. He stated that, while the
Board members indicated their support for the uniqueness and creativity in design, they were
concerned about the industrial appearance which metal siding would lend. He then encouraged
the Commissioners to consider the difference in scale between this building and the one at the
corner of North 7th Avenue and West Main Street which the architect referenced. He noted
that, during its review, the ORB felt this proposed change in materials would not be compatible
with the neighborhood; but Mr. Prugh has forwarded his position that it would be. He then
indicated that he is not aware of any building in the BP zone and the entryway corridor which
has vertical metal siding on it.
Responding to Commissioner Stiff, Planning Director Epple stated that the design
. professionals are guided by principles of design as it relates to form, mass, scale and pattern.
He noted, however, that within those parameters, design can be quite subjective.
Since there were no objections, Mayor Stueck closed the appellate hearing.
Responding to Commissioner Stiff, City Attorney Luwe stated that the Commission's
decision is to uphold, overturn or modify the Design Review Board's decision.
02-18~97
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Responding to Commissioner Frost, Mayor Stueck stated that the building permit must
be drawn by March 1 or this project will be shut down for a while.
Commissioner Rudberg stated that she has attended most of the Design Review Board
meetings for the past year, and was in attendance at the meeting where this decision was
. made. She characterized this as an "incredible" building, noting that the example which Mr.
Prugh has shown the Commission was discussed on a show on PBS approximately six months
ago. She noted that one cannot "hide a 41 ,500-square-foot building in the bushes".
She
stated that it makes sense to use a less costly material on the wall where the expansion is to
occur. She concluded by stating her support for this application.
Commissioner Frost stated that, during his seven years on the Commission, he has
attended many Design Review Board meetings and understands the process, even though he
may not always agree with their decisions. He stressed that the subject site is located in a
business park and an overlay district. He noted that he is also dealing with an unknown
because of the size of the building, with the vertical metal siding. He indicated that, while he
supports the building design and feels it is very attractive, he is concerned about the large
. expanse of metal that will be on the west end.
Commissioner Youngman stated
her concurrence with Commissioner
Frost's
comments. She noted that everyone has supported the creativity in design of the building; the
issue is the vertical metal siding. She observed that this type of siding was not proposed in
the original design, and it is clearly not an improvement in quality. She does not believe that
this change is necessarily appropriate for this area, particularly since it is in a business park and
there are no other buildings with metal siding there.
Mayor Stueck forwarded his frustration that the Design Review Board spent a
significant amount of time discussing materials and colors, noting that it has been doing a good
job of avoiding those pitfalls in recent months. He further noted that the vote to not approve
this application was 2 to 2, and nothing in the entryway guidelines indicates that metal siding
. is not acceptable. He stressed that this is an architecturally designed building, and he feels the
proposed change in materials is acceptable.
It was moved by Commissioner Stiff, seconded by Commissioner Rudberg, that the
Commission overturn the Design Review Board's decision to not allow the substitution of
vertical metal siding for the Dry~vit type material on the exterior of the building at 2750 West
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College Street. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Stiff, Commissioner Rudberg, Commissioner Youngman, Commissioner Frost and
Mayor Stueck; those voting No, none.
. Public hearing ~ rescind current Bozeman Area Subdivision Regulations and adoDt new Bozeman
Area Subdivision Regulations (P~9605)
This was the time and place set for the public hearing on an application, as requested
by the City-County Planning Board, under Application No. P-9605, to rescind the current
Bozeman Area Subdivision Regulations and adopt new Bozeman Area Subdivision Regulations.
Mayor Stueck opened the public hearing.
Assistant Planning Director Debbie Arkell presented the staff report. She stated that
the new draft of the Bozeman Area Subdivision Regulations, dated February 1997, contains the
revisions which were recommended by City Engineer Brawner and Director of Public Service
Phill Forbes, as reflected in her supplemental memo dated February 4. She stated that the
document does not reflect the changes forwarded by City Attorney Luwe in his memo dated
. February 12, a copy of which was distributed to the Commission just prior to the meeting, or
the changes requested by the County Commission following its public hearing, which was held
this afternoon. She noted that they have delayed their decision on this application until after
the City Commission has conducted its public hearing and made its decision, to avoid the
potential of needing to conduct another public hearing to consider changes made by the City
Commission. She stressed the importance of developing one document for use in the city and
the jurisdictional area, although some of the provisions may be broken into inside city limits and
outside city limits since there are different standards for some items like roads.
The Assistant Planning Director stated that this document is essentially the subdivision
regulations already adopted by the County plus regulations which pertain to the City. She
reviewed some of the substantive changes which will result from adoption of these new
. regulations. She stated that the current regulations provide for the Director of Public Service
to review and sign off on minor subdivisions and exemptions; under the new regulations, those
will be submitted to the Commission for action. She stated that under the current regulations,
the Commission acts on the preliminary plat, with staff reviewing the final plat to ensure that
all conditions have been met and then forwarding it to the City Attorney for final review and
02~ 18-97
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- 30 -
execution; under the new regulations, the Commission will act on the final plat, probably on
the consent agenda. She stated that, in conjunction with that approval, either the Director of
Public Service or the Mayor will be authorized to sign the final plat.
Assistant Planner Arkell reviewed the changes which the County Commission
. forwarded as a result of their pUblic hearing, using the February draft as the base document.
Those changes including amending the definition of "contiguous tract" on Page 4 to include
"tracts which are separated by non-dedicated rights of way or easements". On Page 27,
under Section 16.10.070.C., the County feels the 90-day timeframe is too short. The
Assistant Planning Director suggested this is one area where City and County regulations could
be split. She noted that this section also requires two copies of the covenants, so that one can
be retained in the appropriate Planning Office. On Page 109, Section 16.28.040.C.4.b) was
deleted. On Page 128, Section 16.34.030.E. should be split to reflect City and County
procedures. On Page 18, under Section 16.08.050.E., the City Attorney proposed that
language be added to require that the certification by the abstractor be no more than 30 days
old; however, the Deputy County Attorney felt that time was too short. After discussion, the
. Commission concurred this is another area that should be split into City and County regulations.
On Page 24, Section 16.1 0.050.K. Is a new section that allows for withdrawal of an approval
on a preliminary plat within thirty days of that decision if it is determined that the decision was
based on inaccurate or incomplete information. The Assistant Planning Director noted that the
County Attorney has written an opinion that this is allowed, although the City Attorney has
questioned whether the Commission has that authority.
Assistant Planning Director Debbie Arkell reviewed the changes forwarded in City
Attorney Luwe's memo, dated February 12. She noted that some of these changes would
pertain to both the City and County while others pertain to the City only. She indicated that
the City's current policy allows for the installation of sidewalks at the time a lot is developed
or within three years of plat approval. This provision has resulted in sidewalks not being
. completed in certain areas, and has resulted in a significant load on staff because those areas
must be viewed, property ownerships determined, and the process for ordering in sidewalks
followed. She noted this has resulted in an "administrative nightmare". She further noted that
the sidewalks were constructed initially along North 23rd Avenue, and none of those sidewalks
02-18-97
- 31 -
were broken because of heavy trucks driving over them during construction. She proposed that
sidewalks be required in conjunction with street improvements in the future.
Commissioner Stiff asked that the Commission receive a new draft document, including
all of the changes which have been enumerated in this public hearing, prior to making a
. decision.
No one was present to speak in support of or in opposition to the new subdivision
regulations.
Since there were no Commissioner objections, Mayor Stueck closed the pUblic hearing.
The decision on this application was delayed until after the Assistant Planning Director has had
an opportunity to prepare a final document for Commissioner review.
Adjournment - 9:55 p.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting Aye being
. Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and
Mayor Stueck; those voting No, none.
( CJ~ t! 73~
-
DON E. STUECK, Mayor
ATTEST:
~Jb~~
ROBIN L. SULLIVAN
Clerk of the Commission
.
02-18-97