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HomeMy WebLinkAboutTermination of the Carnegie RFP process1 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brit Fontenot, Director of Economic Development Chris Kukulski, City Manager SUBJECT: Termination of the Carnegie RFP process. MEETING DATE: September 17, 2012 AGENDA ITEM TYPE: Consent Item (by voting in the affirmative for this item on the Commission Consent agenda, the City Commission will officially terminate Carnegie RFQ process as provided for in the June 18, 2012 Commission motion and vote and allowed for in Section 10, Number 4 of the Carnegie RFQ) RECOMMENDATION: Consider Commission action on June 18, 2012 and after review of the staff memo and attachments, terminate the Carnegie RFP process. BACKGROUND: At the June 18, 2012 public hearing regarding the suspension of the Carnegie RFQ, the Bozeman City Commission determined in a vote of 4 – 1 that: [T]he Carnegie parcels RFQ process [will] be suspended for 180 days with the understanding that the process will remain suspended or be eliminated (emphasis added) as long as there is continued progress on the armory project. Progress includes but is not limited to action towards purchase of a liquor license, purchase of the armory property and or design work on the proposed hotel. (Attachments 1 & 2) Staff suggests that the progress thresholds identified in the above motion have been met, evidenced by Attachments 3 – 5. Action has been taken and progress made on both the purchase of a liquor license and hotel design work. Additionally, Etxea Hospitality LLC, obtained ownership of the Armory property from First Interstate Bank on August 28, 2012. For the complete Carnegie parcels timeline see Attachment 6. Additionally, concerning the termination of the Carnegie RFQ process, Section 10 of the Carnegie RFQ states: Section 10 51 2 RESERVATION OF RIGHTS BY CITY OF BOZEMAN The issuance of this RFQ and the acceptance of a submittal do not constitute an agreement by the City that any contract will actually be entered into by the City. Any costs incurred by respondents in preparation of a response to this RFQ or future RFP are completely the responsibility of the respondents. Any or all disputes arising under this RFQ and any contract negotiated as a result of this RFQ shall be governed by the laws of the State of Montana. The City reserves the right to issue written notice of any changes in the submittal process should the City determine, in its sole and absolute discretion, that such changes are necessary or desirable. In addition and notwithstanding any other provision of the RFQ, the City reserves the right to: 1. Waive any immaterial defect or informality in a submittal; 2. Extend or otherwise revise the submittal date; 3. Reject any or all submissions or portions thereof; 4. Cancel this RFQ at any time; 5. Reissue a new or revised RFQ; and 6. Request additional information or one or more teams to submit a more detailed submittal. In summary, the Armory group has met the criteria established by the City Commission on June 18th For the forgoing reasons, staff suggests the Commission consider their action on June 18, 2012 and after review of the staff memo and attachments, terminate the Carnegie RFP process. and therefore the staff recommendation is to terminate the Carnegie RFQ process. UNRESOLVED ISSUES: None at this time. All qualified respondents to the Carnegie RFQ will be notified of the Commission decision in writing. ALTERNATIVES: Alternatives remain at the direction of the Commission. FISCAL EFFECTS: None identified at this time. Attachments: 1. June 18, 2012 Commission memo; 2. June 18, 2012 Commission meeting minutes; 3. E-mail Correspondence from Etxea Hospitality (formerly Armory Group) principle Cory Lawrence; 4. E-mail Correspondence from Matt Johnson of First Security Bank, former Armory property owner; 5. Design work on the Armory property; and 6. Updated Carnegie parcels timeline. Report compiled on: September 6, 2012 52 1 Commission Memorandum REPORT TO Honorable Mayor and City Commission FROM Carnegie Parcels RFQ Preliminary Review Panel the Panel Brit Fontenot Director of Economic Development Chris Kukulski City Manager SUBJECT Update on the Carnegie Parcels Hotel Development Request for Qualifications RFQ Process Direction to Carnegie Parcels RFQ Preliminary Review Panel Regarding the Scheduling of Respondent Interviews and Preparation of a Final Recommendation MEETING DATE June 18 2012 AGENDA ITEM TYPE Action Item RECOMMENDATION Receive presentation ask questions of Staff and the Panel receive public comment and provide direction to the Panel on the continuation of the RFQ process including whether to conduct respondent interviews and forward of a final recommendation to the Commission that one firm be considered for an exclusive negotiation agreement for the Carnegie parcels POTENTIAL ALTERNATIVE MOTIONS FOR CONSIDERATION Please select one of the following If the Commission desires to continue with the RFQ process for development of the Carnegie parcels I move that the Carnegie parcels RFQ Preliminary Review Panel continue with the process of conducting interviews of the two qualified respondents and extend the deadline for the Panel s recommendation for an additional 30 days or another date certain An additional 30 days forwards the hearing date to August 13 2012 OR If the Commission desires to suspend or terminate the RFQ process for development of the Carnegie parcels I move that the Carnegie parcels RFQ process be suspended for a period of 90 days or another date certain An additional 90 days forwards the hearing date to October 8 2012 18553 2 OR I move that the Carnegie parcels RFQ process be terminated In the ALTERNATIVES section of this memorandum p 4 several additional alternatives not mentioned in the above potential motions are provided BACKGROUND A detailed process timeline from April 2011 February 2012 is included as ATTACHMENT 1 On March 13 2012 the RFQ seeking firms interested in developing a full service hotel with meeting facilities on the Carnegie parcels owned by the City was released to the public The deadline for responses was established for 5 pm on April 13 2012 By 5 00 pm on April 13 2012 the City received three 3 Statements of Qualifications SOQ in response to the Carnegie RFQ By April 13 2012 the Carnegie Parcels Preliminary Review Panel was selected and seated The Panel consisting of one City Commissioner Cyndy Andrus along with City staff representing the Parking Division Paul Burns and the Finance Anna Rosenberry and Planning Tim McHarg departments joined representatives of the following downtown organizations the downtown Business Improvement District Mike Basile the downtown Tax Increment Finance District Bobby Bear and the Parking Commission Ben Bennett The expectations of the Panel are described in the Evaluation Process Section 7 of the RFQ see ATTACHMENT 2 The section is reproduced in its entirety below EVALUATION PROCESS THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL SUBMITTALS AT ITS SOLE AND ABSOLUTE DISCRETION The City will designate a preliminary review panel the Panel to evaluate all submittals received in response to this RFQ Within 30 days of the submittal deadline the panel will assess respondent qualifications based on the evaluation criteria described in Section 6 above Panel members will score each proposal in their own preferred order The scores assigned by each Panel member will be based on the individual member s reasonable judgment as to the degree to which the proposal complies with the criteria and intent of the RFQ process Members of the Panel and other City staff may contact references and industry sources investigate previous projects and current commitments and interview some or all of the development team Within 60 days of the submittal deadline interviews may be scheduled for firms or teams which have been found to be the most responsive to the RFQ Following review one or more firms may be selected to submit a more detailed proposal including concept design drawings financial projections and the 18654 3 financial terms for the purchase or lease of the Carnegie parcels Within 90 days of the submittal deadline the panel may then recommend to the City Commission that one firm be considered for an exclusive negotiation agreement for the Carnegie parcels The Panel met on April 16 2012 to acknowledge SOQ responses and be briefed on the process and expectations April 20 2012 to discuss the responses and the initial scoring of the SOQs April 30 2012 to finalize scoring and discuss the interview process and content and May 23 2012 to discuss the RFQ process and request clarity and direction from City Commission and directed Staff to perform the following tasks 1 Inform one of the three respondents that their SOQ did not meet the minimum scoring requirements and therefore would not proceed to the interview stage The respondent which did not meet the minimum requirements was notified 2 Verify the interest of the remaining two respondents in continuing with the RFQ process The remaining qualified respondents were contacted and expressed interest in continuing the process to completion 3 Request Commission clarity and direction via public hearing regarding the continuation of the RFQ process including a Schedule qualified respondent interviews and b After interviews prepare a recommendation to the City Commission that one firm if qualified be considered for an exclusive negotiation agreement for the Carnegie parcels Through the RFQ language the Panel was directed by the Commission to return a recommendation within 90 days of the RFQ deadline of April 13 2012 The recommendation deadline is July 13 2012 and a public hearing scheduled for July 9 2012 Carnegie parcels RFQ timeline 1 SOQ deadline April 13 2012 2 SOQ deadline 30 Days May 13 2012 Assess respondent qualifications 3 SOQ deadline 60 Days June 13 2012 Schedule and conduct qualified respondent interviews and request additional or more detailed information if necessary 4 SOQ deadline 90 Days July 13 2012 Commission recommendation scheduled for Monday July 9 2012 If the Commission extends the Panel s deadline for recommendation for an additional 30 days the new deadline will be August 13 2012 Additionally the RFQ contains a Reservation of Rights section that provides the City the authority to suspend or terminate the RFQ process or to extend timelines when deemed necessary see Section 10 of the RFQ ATTACHMENT 2 The Panel requests direction from the Commission on the following 18755 4 1 Should the Committee continue with the RFQ process as originally directed If so the next steps of the process include a Schedule and conduct qualified respondent interviews as soon as possible b Request additional or more detailed respondent information if necessary and c Prepare a recommendation to the City Commission The Panel requests an additional 30 days beyond the July 13 2012 deadline to conduct interviews and forward a recommendation to the Commission This action would forward the public hearing date to August 13 2012 UNRESOLVED ISSUES Other than the request for direction identified herein there are no other identified unresolved issues related to the Carnegie parcels RFQ process ALTERNATIVES 1 Continue with the defined RFQ process 2 Extend the 90 day deadline for final recommendation 3 Cancel the Carnegie parcels RFQ 4 Suspend the work of the Panel for a fixed amount of time 5 Suspend the work of the Panel for an indefinite amount of time or 6 Other alternatives as directed by the Commission FISCAL EFFECTS Commission direction to proceed with the defined RFQ process or a finite or indefinite suspension of the RFQ process has no identifiable fiscal ramifications at this time Attachments 1 Carnegie parcels timeline and 2 The Carnegie parcels RFQ Report compiled on June 7 2012 18856 ATTACHMENT 1 1 CARNEGIE PARCELS TIMELINE On April 15 2011 the City of Bozeman received a Letter of Intent LOI from CATELLUS GROUP LLC CATELLUS for the purchase of the Carnegie parcels located at 106 East Mendenhall Street in downtown Bozeman for the purpose of exploring the feasibility of constructing a hotel with ancillary services On May 2 2011 the Commission voted 5 0 to acknowledge the receipt of the CATELLUS LOI and authorized the City Manager to sign the LOI and order an appraisal only if a future determination is made by the City that the Carnegie parking lot is no longer necessary for the conduct of city business On May 9 2011 City staff conducted a public forum and information and listening session in the Commission meeting room with downtown businesses and property owners surrounding the Carnegie parcels Approximately 25 30 business and property owners staff and elected officials participated in the discussion On May 11 2011 the Bozeman Parking Commission met in its regularly scheduled monthly meeting wherein the Parking Commission found by a vote of 5 1 with one recusal that there is a higher and better economic use and a greater benefit to the downtown area for the Carnegie parcel than surface parking due to the amount of available parking in the vicinity of this lot particularly at the Bridger Park Downtown which currently has the capacity to replace removal of the Carnegie lot spaces Accordingly the Parking Commission found the Carnegie parcel is not needed to provide public parking On June 13 2011 the Commission conducted a public hearing to determine whether real property owned by the City located at 106 East Mendenhall Street known as the Carnegie parcels is necessary for the conduct of City business or the preservation of its property and provided direction to staff By a 5 0 vote the Commission determined that 1 the real property known as the Carnegie parking lot lots 17A 18 19 20 21 and 22 of Block E of the Original Town site of Bozeman Montana located at 106 East Mendenhall is no longer necessary for the conduct of City business or the preservation of City property and that sale and development of the real property by a private entity in compliance with adopted City plans is in the public interest 2 any motion made by the Commission on May 2 2011 regarding this property or the proposed sale of is superseded in its entirety by this motion and 3 Staff is directed to proceed with a request for proposals process that could authorize the sale of the Carnegie parking lot to the entity whose proposal satisfies all legal requirements for the sale of City real property and whose development proposal the Commission determines best fulfills the objectives of the City s 2020 Community Plan its Economic Development Plan and the Downtown Improvement Plan 18957 ATTACHMENT 1 2 With Commission direction utilizing internal and external resources parking legal planning and economic development staff prepared the draft RFP for Commission review Other internal reviews include those by finance and administration Additionally external private sector review of the RFP was solicited and comments received and incorporated into the draft On August 25 2011 a Commitment for Title Insurance was issued by Security Title Company Bozeman Montana On September 14 2011 a real estate appraisal was issued by Appraisal Services of Bozeman Inc Bozeman Montana which appraised the property at 1 5 million dollars The appraisal is valid for one year from the date of issuance The current appraisal expires on September 15 2012 On September 26 2011 the Commission provided comment and direction on the content of the draft Carnegie parcels RFP for the construction of a full service hotel with meeting facilities in downtown Bozeman Montana on the Carnegie parcels The Commission directed staff to leave the date of publication open for Commission discussion and decision at the October 24 2011 public hearing Staff incorporated the Commission changes into the Draft 2 of the RFP as directed with a public release date to be determined by the Commission On October 24 2011 in a unanimous 5 0 decision the Commission directed staff to postpone the release of the Carnegie RFP until January 2012 The Commission set a hearing date of January 23 2012 for staff to return to the Commission to discuss the final release of the approved Carnegie parcels RFP On December 7 2011 CATELLUS requested that they be removed from consideration for the purchase of the Carnegie parcels and future development of a downtown hotel project During the week of January 2 2012 City staff conducted discussions with hotel industry development professionals who independently expressed concerns with the release of the RFP as drafted citing primarily the expense of the initial investment necessary to create an acceptable and appropriate response to the RFP The up front cost appeared disproportionately high when viewed against the odds of being chosen as the preferred project proposal These professionals suggested the net result of pursuing the current strategy of the RFP release as drafted and associated up front investment to the Respondent may be a total lack of responses at the conclusion of the 90 day response period A lack of responses to the Carnegie parcels RFP may cause credibility issues with the process that may reflect poorly on City Based on this information we proposed re working the process to reduce up front costs for Respondents without undermining the spirit of the original RFP One option included adding an RFQ stage and a process to provide more personalized attention to those who may respond in order to communicate community desires assess Respondent capabilities and research past projects while simultaneously setting expectations from the City and attempting to understand the Respondents expectations 19058 ATTACHMENT 1 3 If an alternative approach is approved work put into the existing RFP is neither lost or nor undermined by altering the process The RFP as drafted and approved will constitute the majority of the information requested from respondents albeit in a later phase of the process Identified in both the Downtown Bozeman Improvement Plan and the Commission s 2011 2012 adopted work plan the development of a downtown hotel is one of the highest community priorities Ensuring that the process facilitates an outcome with the highest probability of success is the rationale for suggesting alternatives to the originally proposed RFP process Given the complexities public property sale transactions and the planning process for the construction of a downtown hotel staff does not believe that the requested delay will have an overall negative impact on a downtown hotel project On January 11 2012 at the regularly scheduled monthly Parking Commission meeting staff discussed the available information and excerpts from discussions with private sector industry professionals City staff received a consensus from Parking Commissioners present that the recommended delay and process reconsideration is a reasonable accommodation under the circumstances if the modifications increase the odds of success in the desire to construct a downtown hotel On January 12 2012 results of a Phase I Environmental Assessment was issued by Phoenix Engineering Bozeman Montana On January 23 2012 the City Commission voted 4 1 with Deputy Mayor Krauss opposed to delay publishing the Request for Proposal RFP and direct staff to develop an Request for Qualifications RFQ within approximately thirty days and release it to the public upon completion On February 21 2012 the City Commission received a letter from several downtown business and property owners expressing their opposition to the sale of the Carnegie parking lot because it is of the utmost importance to the long term financial survival of their businesses and properties downtown On March 13 2012 the Carnegie RFQ was released to the public The deadline for responses was established for 5 pm on April 13 2012 19159 1 Page City of Bozeman Request for Qualifications RFQ for the Construction of a Full Service Hotel with Meeting Facilities In Downtown Bozeman Montana In some ways it is surprising that a community of Bozeman s stature does not already have a small 50 80 room four star hotel The university the hospital and other corporate entities report that such a hotel is needed for many types of visitors 1 Section 1 DEVELOPMENT OPPORTUNITY Thank you for your interest in the development of a full service hotel with meeting facilities in the heart of downtown Bozeman Montana gateway to Yellowstone National Park The property development opportunity is to design build and operate a full service hotel with meeting facilities to attract more downtown patrons and high quality events and help the City of Bozeman the City maintain strong tourism entertainment cultural and professional events industries The project must be consistent with all City plans that relate to its historic downtown core and dynamic Central Business District including but not limited to the stated goals of the Bozeman City Commission the Downtown Bozeman Improvement Plan Bozeman Community Plan and the Economic Development Plan Section 2 WHY BOZEMAN Located in the heart of the Rocky Mountains Bozeman is truly a remarkable community The City of 38 000 people serves a region of 90 000 residents with backgrounds and cultures as diverse as the Montana landscape From cattle ranchers to high tech entrepreneurs the area is home to a breed of people who have come to appreciate an unmatched quality of life While retaining its small town feel Bozeman prides itself on offering a wide array of cultural amenities with an abundance of outdoor recreational opportunities It s easy to understand why Bozeman consistently ranks as one of America s most livable cities The Gallatin Valley is one of the fastest growing areas in the northern Rocky Mountains Bozeman is the regional trade education and medical center of southwest Montana and consistently attracts top tier business medical retail cultural and educational opportunities 1 Downtown Bozeman Improvement Plan page 37 19260 2 Page through innovation collaboration and focused effort Bozeman is well positioned as a competitive attractive and inspiring location to conduct business live visit recreate or earn a degree Bozeman is home to Montana State University a thriving research university The Carnegie Foundation for the Advancement of Teaching recognizes MSU as one of 96 research universities with very high research activity MSU enrollment numbers for the fall of 2011total 12 188 undergraduate students and 1 965 graduate students Through competitively awarded grants and contracts MSU accounted for 109 481 694 in research expenditures between 2009 and 2010 MSU provides a well educated workforce and strong technology transfer program that attract retain and support higher paying jobs in southwest Montana Additionally Gallatin College Programs GCP offers 2 year associate degrees and 1 year certificate programs further improving and diversifying our workforce In 2011 Gallatin College Programs recorded an enrollment of approximately 200 students Each year both MSU and GCP enrollments continue to expand Considered the Gateway to Yellowstone National Park Bozeman hosts over one million visitors each year Three world class ski resorts Bridger Bowl Big Sky and Moonlight Basin are only minutes away Many visitors travelling east to west arrive in Bozeman via Interstate 90 which is less than 2 minutes from Downtown Many others arrive via the recently expanded Bozeman Yellowstone International Airport Our airport recorded its busiest year ever in 2011 with 397 822 passengers boarding flights This represents an 8 9 percent increase over 2010 and approximately 32 600 more passengers than the previous record set in 2010 Bozeman Yellowstone Airport and local private business interests are pursuing the establishment of an on site U S Customs agent for international passenger arrivals and departures In 2011 a newly constructed concourse addition allows expanded service to six airlines including Alaska Allegiant Delta Frontier Horizon and United Airlines The Bozeman Yellowstone Airport averages 20 flights per day including many non stop connections to major hubs including 19361 3 Page Atlanta seasonal Chicago Denver Los Angeles seasonal Las Vegas Minneapolis New York seasonal Phoenix Portland seasonal Salt Lake City San Francisco seasonal and Seattle Additionally two private jet centers provide an array of services to private jet owners pilots and passengers Over the years Bozeman is fortunate to be included on a variety of Best Of lists Policom an economic research firm ranked Bozeman as the seventh strongest micropolitan economy in 2011 out of 576 small cities studied throughout the United States Additional recognitions include 2 1 Where to Live and Play Now National Geographic Adventure recommended Bozeman as a good place to raise children for the reasons of safety exposure to culture and outdoor amenities October 2009 2 The Union of Town and Gown Entrepreneur Magazine highlighted colleges that are working with their cities to foster a local entrepreneurial spirit that will develop the economy and encourage business savvy students to stick around post graduation Bozeman ranked 6 on this list October 2009 3 Happiest States of 2009 The List LiveScience ranked Montana 3 behind Hawaii and Utah where the index included questions about six areas of well being including overall evaluation of resident s lives emotional health physical health healthy behaviors and job satisfaction February 2010 4 Best Towns 2010 Best for Skiing West Outside magazine featured the top 25 towns in America for cycling paddling running surfing skiing and because you might want everything all of the above Bozeman received these accolades for having two ski areas and 350 inches of annual snowfall August 2010 5 10 Best Affordable Mountain Towns for Retirement According to U S News World Report Bozeman fits the bill of offering access to plenty of skiing trails and wildlife while still providing affordable housing and a reasonable cost of living in addition to other retiree friendly characteristics such as access to healthcare and a low crime rate July 2010 6 Bozeman named 1 town to live if you re a skier According to Powder magazine Bozeman is the perfect mix of ski town and ski tropolis it s more affordable than Jackson Hole less crowded than Salt Lake City and more of a real town than Whistler November 2010 7 Top Retirement Town Bozeman was profiled in Where to Retire magazine s November December issue for possessing many qualities important to today s retirees October 2010 2 This list was excerpted from Robyn Erlenbush s article Twelve Reasons to Live in Big Sky Country appearing in the Bozeman Daily Chronicle s Businesss2Business publication on January 11 2011 19462 4 Page One of the area s top outdoor recreational activities is trout fishing in our world class rivers and streams The region has 82 miles of blue ribbon trout fishing streams and rivers including the nearby Yellowstone Boulder Madison and Gallatin rivers and is surrounded by thousands of acres of national forest and other public lands Bozeman is also distinguished by its thriving and vibrant downtown food culture arts and entertainment scenes The Bozeman community strongly supports our excellent K 12 school systems which are important to our well educated community and workforce Bozeman is the regional hub for retail and commerce education healthcare tourism manufacturing and innovation Bozeman is home to notable one of a kind worldwide organizations such as Oracle formerly Right Now Technologies Zoot Enterprises Schedulicity com Simms Fishing Products Mystery Ranch Backpacks West Paw Design Sitka LigoCyte Pharmaceuticals Bacterin International Scientific Materials BioScience Laboratories Foundant Technologies Bridger Photonics ILX Lightwave and Lattice Materials to name but a few Section 3 DEVELOPMENT SITE INFORMATION The 26 600 square foot proposed hotel site is located on real property owned by the City known as the Carnegie parcel lots 17 A 18 19 20 21 and 22 of Block E of the Original Townsite of Bozeman Montana located at 106 East Mendenhall Street see the blue polygon on the map below Details related to the zoning and development capacity of the site area are summarized in the City s Unified Development Code or UDC 19563 5 Page Section 4 PREFFERED QUALIFICATIONS The City is interested in working with a development entity who is experienced in the development and operation of a full service hotel with meeting facilities The City will work closely with the developer regarding site design and development To that end the City is soliciting Statements of Qualifications SOQ from a limited list of interested parties Following review one or more firms may be selected to submit a more detailed proposal including concept design drawings financial projections and the financial terms for the purchase or lease of the land Design guidelines for the Downtown area of which the hotel site is a part are provided in the Downtown Bozeman Improvement Plan and the Design Guidelines for the Neighborhood Conservation Overlay The guiding design principles for this area are summarized as follows 1 Reinforce the Downtown Bozeman Improvement Plan Bozeman Community Plan the City s Economic Development Plan and the City Commission s 2012 2013 Work Plan 2 Respect history and community landmarks 19664 6 Page 3 Promote high standards of street design with active streetscapes and visually permeable street level facades 4 Create a vibrant edge to the street with strong building character and proximity to the sidewalk 5 Maintain and extend historic streetscape elements as specified in the Downtown Business Improvement District Streetscape Plan and 6 Maintain and extend the traditional building form massing and traditional materials as seen in the surrounding commercial district the building may express traditional form and massing while using a current architectural vocabulary Section 5 STATEMENT OF QUALIFICATIONS The City requests a qualifications statement that expresses your entity s interest vision and capability to develop and operate a full service hotel with meeting facilities in downtown Bozeman Montana We are specifically seeking the following materials 1 Your Firm s Specialty Provide a narrative that details whether your firm develops or develops and operates full service hotels with meeting facilities Please identify the firm s specialization If teams are proposed that would separately undertake the development and operating responsibilities please provide information for each team member 2 Vision and Development Program Summary Identify your vision for a full service hotel with meeting facilities and describe how constructing and operating such a facility on the Carnegie parcels would fit into your firm s overall business strategy Translate your vision into a development program that identifies the type and quality level of a downtown full service hotel with meeting facilities as well as the lodging market this facility would service Also please detail ancillary uses i e restaurant retail and or spa uses your firm or another entity would develop onsite in conjunction with a hotel 3 Operations Identify anticipated hotel operators for the hospitality venue Also identify other proposed operators for all ancillary uses Illustrate the brand promise marketing program and reservation system that is unique to the hotel operator 4 Experience Include a detailed resume for your firm or if a team for each participating firm citing specific experience with developing operating a full service hotel with meeting facilities in a downtown Identify other projects your firm has developed and or operates including the host community size ancillary uses and quality level Also provide information regarding your firm if a development team include each firm on the team that identifies length of time in business ownership structure operating structure principal offices and the office that would service this project Further identify the 19765 7 Page project manager and personnel that would be assigned to this project including their level of experience and responsibility 5 Financial Capability Identify the firm s or team s capacity to secure the equity and financing required to implement the proposed development program Please disclose if your firm has ever defaulted on its financial obligations has had developments that were foreclosed upon or if bankruptcy has ever been filed and 6 Implementation Time Frame Outline the time period your firm proposes to initiate site and development program planning activities upon signing an exclusive negotiation agreement with the City Discuss your firm s ability to initiate construction activities within 12 months after executing a disposition and development agreement Section 6 SELECTION CRITERIA The following criteria will be used to evaluate the qualifications statement submittals 1 The development program should feature a full service whole ownership high quality hotel with dedicated meeting facilities and appropriate ancillary uses 2 The development entity must demonstrate experience with designing building and operating full service hotels with meeting facilities Experience entails at least three or more properties 3 The development entity must demonstrate that it has access to sufficient capital to underwrite all construction costs and at least one year of maintenance and operating costs and 4 The development entity must demonstrate that it is ready to initiate site and development program planning activities upon signing an exclusive negotiation agreement and that it will commence construction activities within 12 months after executing a disposition and development agreement Section 7 EVALUATION PROCESS THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL SUBMITTALS AT ITS SOLE AND ABSOLUTE DISCRETION The City will designate a preliminary review panel the panel to evaluate all submittals received in response to this RFQ Within 30 days of the submittal deadline the panel will assess respondent qualifications based on the evaluation criteria described in Section 6 above Panel 19866 8 Page members will score each proposal in their own preferred order The scores assigned by each Panel member will be based on the individual member s reasonable judgment as to the degree to which the proposal complies with the criteria and intent of the RFQ process Members of the Panel and other City staff may contact references and industry sources investigate previous projects and current commitments and interview some or all of the development team Within 60 days of the submittal deadline interviews may be scheduled for firms or teams which have been found to be the most responsive to the RFQ Following review one or more firms may be selected to submit a more detailed proposal including concept design drawings financial projections and the financial terms for the purchase or lease of the Carnegie Parcels Within 90 days of the submittal deadline the panel may then recommend to the City Commission that one firm be considered for an exclusive negotiation agreement for the Carnegie Parcels Section 8 SUBMITTAL REQUIREMENTS This request for qualifications remains open until filled Please send submittals to the attention of Carnegie Parcels RFQ Bozeman City Clerk 121 North Rouse Ave P O Box 1230 Bozeman MT 59771 Submissions must be in the actual possession of the Office of the Bozeman City Clerk on or prior to Friday April 13 2012 by 5 00pm Mountain Time Late submissions will not be considered Submissions must be provided in a sealed package with the statement Carnegie Parcels RFQ and the prime contact name and address clearly labeled on the front of the package Please submit two 2 complete paper copies and two 2 complete digital copies on CD ROM or flash drive of the proposal PDF digital file formats are preferred Section 9 INQUIRIES All questions regarding the Carnegie Parcels RFQ shall be in writing via parcel post or e mail and directed to Brit Fontenot 19967 9 Page Director of Economic Development and Community Relations P O Box 1230 City of Bozeman Montana 406 582 2258 bfontenot@bozeman net Written questions and responses will be published on the City s webpage at http www bozeman net Departments 1 Administration Commission BID RFQ RFQ Section 10 RESERVATION OF RIGHTS BY CITY OF BOZEMAN The issuance of this RFQ and the acceptance of a submittal do not constitute an agreement by the City that any contract will actually be entered into by the City Any costs incurred by respondents in preparation of a response to this RFQ or future RFP are completely the responsibility of the respondents Any or all disputes arising under this RFQ and any contract negotiated as a result of this RFQ shall be governed by the laws of the State of Montana The City reserves the right to issue written notice of any changes in the submittal process should the City determine in its sole and absolute discretion that such changes are necessary or desirable In addition and notwithstanding any other provision of the RFQ the City reserves the right to 1 Waive any immaterial defect or informality in a submittal 2 Extend or otherwise revise the submittal date 3 Reject any or all submissions or portions thereof 4 Cancel this RFQ at any time 5 Reissue a new or revised RFQ and 6 Request additional information or one or more teams to submit a more detailed submittal Section 11 SUBMITTAL REJECTION RIGHT TO DISQUALIFY Submittal of terms condition and or agreements may result in rejection if such terms conditions or agreements are deemed unacceptable by the City in its sole discretion The City reserves the right to disqualify any team who fails to provide information or data specifically requested herein or who provides materially inaccurate or misleading information or data or who attempts to 20068 10 Page influence the selection process outside the procedures established herein The City reserves the right to disqualify any team on the basis of any real or apparent conflict of interest This disqualification is at the sole discretion of the City Section 12 CITY OF BOZEMAN S ANTI DISCRIMINATION POLICY Each entity submitting under this notice shall include a provision wherein the submitting entity or entities affirms in writing it will not discriminate on the basis of race color religion creed sex age marital status national origin or because of actual or perceived sexual orientation gender identity or disability in fulfillment of this RFQ the RFP if selected or in the development and operations of a hotel if a contract is entered into for such purposes and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity s employees and to all subcontracts Failure to comply with the above shall be cause for the City to deem the submittal non responsive This solicitation does not require the City to award a contract to pay any cost incurred with the preparation of a qualifications statement or to procure or contract for services or supplies The City reserves the right to accept or reject any submittals received in response to this request to negotiate with any qualified source or cancel in whole or part this process if it is in the best interest of the City Prior to negotiations prospective entities may be required to submit revisions to their qualifications statements All proposers should note that any contract pursuant to this solicitation is dependent upon the recommendation of the City staff and the approval of the City Commission END OF RFQ 20169 v w w MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN MONTANA JUNE 18 2012 The Commission of the City of Bozeman met in the Commission Room City Hall at 121 North Rouse on Monday June 18 2012 Present were Mayor Sean Becker Commissioner Cyndy Andrus Commissioner Jeff Krauss Commissioner Chris Mehl Commissioner Carson Taylor City Manager Chris Kukulski City Attorney Greg Sullivan and Deputy City Clerk Aimee Kissel 0 00 40 A Call Meeting to Order 0 00 56 B Pledge of Allegiance and a Moment of Silence 0 00 58 C Changes to the Agenda Mayor Becker asked City Manager Chris Kukulski if there were any changes to the agenda Mr Kukulski said there were not 0 01 16 D Minutes May 7 2012 0 01 20 Motion and Vote to approve the minutes of May 7 2012 as submitted It was moved by Cr Mehl seconded by Cr Taylor to approve the minutes of May 7 2012 as submitted Those voting Ave being Cr Mehl Taylor Andrus Krauss and Mayor Becker Those voting No being none The motion passed 5 0 0 01 20 E Consent 1 Authorize Payment of Accounts Payable Claims LaMeres 2 Accept the Building Division Monthly Report for May 2012 Risk 3 Approve a Wine License for All Things Italian to sell off premises at 2622 West Main Street Suite IB Neibauer 4 Approve Certification of Delinquent City Assessments to Gallatin County Rosenberry 1 of 13 70 Minutes of the Bozeman City Commission June 19 2012 0 01 25 Public Comment on Consent Items E 1 4 Mayor Becker opened public comment on consent items E 1 4 Seeing none Mayor Becker closed public comment 0 01 56 Motion and Vote to approve consent items E 1 4 as submitted It was moved by Cr Taylor seconded by Cr Andrus to approve consent items E 1 4 as submitted Those voting Aye being Crs Taylor Andrus Krauss Taylor and Mayor Becker Those voting No being none The motion passed 5 0 0 02 08 International Visitors Leadership Program Mayor Becker announced that visitors from the International Leadership Program were present this evening Participants from Sri Lanka Nepal and other countries are visiting 0 02 56 F Public Comment Mayor Becker opened public comment 0 03 10 Ben Alexander Public Comment Mr Alexander of 225 North Powder Park Court provided public comment in favor of the parks and trails bond He provided several safety arguments saying neither of his daughters can make it to their school on trails or bike paths currently Great trails nearby connect to nowhere Mr Alexander said the city has a good beginning of a trail system but missing links represent a safety hazard 0 05 29 James Payden Public Comment Mr Payden of 3763 Potossi says he looks forward to having the armory developed 0 05 59 Clark Finch Public Comment Mr Finch former owner of Heebs Grocery and current owner of Heebs Center said he does not think the Cider House should be approved at the proposed location as it does not have parking as the current businesses are already struggling with parking He is also concerned that the Cider House proposal is in the alley where Tire Rama and Heebs receive supplies Mr Finch said lack of parking is the most dangerous issue to a grocer s survival 0 08 14 Dan Center Public Comment Mr Center of 409 North Bree Avenue provided public comment in support of allowing the voters to decide whether to invest in a parks and trails bond 0 11 25 Alex Russell Public Comment Mr Russell of Brady Street spoke in favor of a parks and trails bond 0 12 30 Tony Faber on behalf of Mike Hope Public Comment Mr Kaber of 303 Golden Valley read a letter into the record on behalf of Mike Hope urging the city not to sell the Carnegie parking lot 2 of 13 71 Minutes of the Bozeman City Commission June 18 2012 0 13 56 Mitch Bradley Public Comment Mr Bradley owner of Heebs Grocery spoke in opposition to the Yellow House Cider House in the location requested due to the lack of parking available in this location He reported there is no side parking on Wallace and parking is already full in this location He is also worried about the ability to receive deliveries if the Cider House were to open in this location 0 16 16 Lance Travish Public Comment Mr Travish CEO of a printing company in town spoke in favor of the Armory development He feels it would be very nice to have a boutique hotel at that location He would encourage the Commission not to sell the Carnegie lot 0 17 24 Conrad Anker Public Comment Mr Anker spoke in favor of placing a parks and trails bond measure on the ballot 0 18 16 Dan Stevenson Public Comment Mr Stevenson of 3009 Westridge Drive spoke in favor of a parks and trails bond as it would allow planning for the legacy of open spaces that developers do not have the ability to affect themselves 0 19 46 Ray Rasker Public Comment Mr Rasker of 11 South Grand spoke in favor of a parks and trails bond measure He has seen more and more people use the trails over the years Mr Rasker said that from Costco to the Mall the trails do not link making that route a dangerous undertaking 0 21 21 Amy Hukill Public Comment Ms Hukill of 208 Dawn Avenue spoke in favor of a parks and trails bond measure speaking regarding connecting the trails 0 22 08 Julie Zichovich Public Comment Ms Zichovich of 109 East Grant spoke in support of the parks and trails bond and then spoke regarding the importance of keeping the public informed throughout the process regarding both the feasibility study and the bond issue and the differences between them 0 23 05 Marianne Amsden Public Comment Ms Amsden of 5588 Patterson Road is the current President of the Gallatin County Planning Board although she is not speaking on behalf of the board She spoke regarding how a parks and trails bond is related to the county wide park and trail plan that she and others have been working on since 2008 She would ask that as Bozeman and Belgrade are growing together we look into some way to preserve the wildlife corridor between the two 0 25 03 Tom Keck Public Comment Mr Keck of 411 North 3rd spoke in support of a park and trails bond measure on the ballot so the citizens can decide for themselves Mr Keck said that safety should be a consideration in this decision as there are gaps among the trails 0 27 02 Colette Kirchhoff Public Comment Dr Kirchhoff of 516 South 6th spoke in favor of a parks and trails bond measure saying as a doctor getting plenty of exercise and seeing other people socially is very important for health 3 of 13 72 Minutes of the Bozeman City Commission June 18 2012 0 29 28 Steve Kirchhoff Puhlic Comment Mr Kirchhoff of 516 South 6th spoke in favor of a park and trails bond measure He applauds the originator of this idea He said the community cherishes these resources and parks and trails are best done by the people Private industry cannot provide what the community needs in a timely or coordinated fashion The people should be allowed to decide whether they want to go forward with this bond 0 31 43 Gary Weiner Public Comment Mr Weiner of 4030 Sourdough Road spoke as the coordinator of the Bozeman Creek Enhancement Project saying they would like to see Bozeman Creek be the best amenity for the community and that this bond issue is integral to making that happen They are making progress on Bogert Park but the bond would be a great opportunity to make a huge difference there He also spoke about funders wanting to see local commitment to receive grants 0 35 11 Roh Knapp Public Comment Mr Knapp of 1503 South Grand spoke in favor of a park and trails bond measure and said an interconnected system of trails with real planning and parks provides a great sense of community 0 36 15 Allan Bay Puhlic Comment Mr Bay of 419 Fillstone Drive spoke as a representative of the Blittz Soccer Club in favor of a park and trails bond measure They would love to work on a public private partnership for a sports park complex that could accommodate soccer lacrosse and rugby There are over 3 000 kids and adults that play soccer in Bozeman Mr Bay said tournaments could come to Bozeman if we had space available and a sports complex would provide a huge opportunity to compete with our regional neighbors 0 39 37 Pippin Wallace Public Comment Mr Wallace of 3226 Summerset spoke in support of a park and trails bond measure and asked what it will take to get this item passed by the Commission 0 40 41 Molly Pickall Puhlic Comment Ms Pickall of 407 South 14th spoke in favor of a park and trails bond measure 0 41 35 Public Comment Closed Seeing no further public comment Mayor Becker closed public comment 0 41 53 G Action Items 0 41 55 1 Yellow House Cider House On Premise Consumption of Alcohol Conditional Use Permit and Certificate of Appropriateness at 549 East Babcock Street Application No Z 12086 Quasi Judicial Bristor 0 42 40 Allyson Bristor Planning Department Ms Bristor provided the staff presentation on this item 0 47 42 Cr Mehl Cr Mehl asked questions of staff regarding the height of the proposed building 4of13 73 Minutes of the Bozeman City Commission June 18 2012 0 48 48 Ms Bristor Ms Bristor continued the staff report 0 50 00 The Commission began questions for staff 0 50 12 Ms Bristor Ms Bristor explained that a bar and a restaurant are in the same category 0 53 14 Mayor Becker Mayor Becker asked about an informal hearing that was previously heard by the Commission for this location 0 54 48 Mr Arnold Architect with Stickworks LLC AP Wicant Mr Arnold spoke relative to the parking issue saying they moved forward based on B 3 zoning that says parking onsite is not needed This Cider House would be a great addition to the east end of downtown and they would like to target folks walking and riding their bikes to the facility 0 56 35 Glenn Gale Applicant Mr Gale said he would be open to speaking with the owners at Heebs to cooperate with them and move forward 0 57 09 Mr Arnold Applicant Mr Arnold responded to an earlier question saying the occupancy for the proposed tasting room is 37 people 0 57 49 Cr Andrus Cr Andrus began questions for the applicants 1 01 43 Public Comment Mayor Becker opened public comment 1 02 28 Gary Gullickson Public Comment Mr Gullickson of 404 South Church read a letter to the Commission regarding the parking issue in this location saying that the Commission should open and continue the public hearing on this application with specific direction to staff or the applicant to supply additional information 1 08 04 Public Comment Closed Seeing no further public comment Mayor Becker closed public comment 1 08 05 Applicant Response Mr Gale says he understands the concerns of the neighborhood but would ask that the Commission not hold up this project as the applicant did respond to the Unified Development Code They are more than happy to sit down with the neighbors to work on signage and encouraging customers to not park on their property 1 09 44 Ms Bristor Ms Bristor explained that restaurant parking is determined by the serving area only If this was a restaurant larger than 3000 square feet they would still receive a reduction in B 3 zoning 5of13 74 Minutes of the Bozeman City Commission June 18 2012 1 12 25 Commission questions for Staff 1 12 29 Ms Bristor Ms Bristor explained the standard public notice requirement as well as what Ms Bristor does to notify the neighborhood groups 1 13 26 Motion to approve Conditional Use Permit and Certificate of Appropriateness application Z 12086 as described in the staff report and subiect to the conditions therein based on a finding of compliance with all applicable criteria It was moved by Cr Andrus seconded by Cr Krauss to approve Conditional Use Permit and Certificate of Appropriateness application Z 12086 as described in the staff report and subiect to the conditions therein based on a finding of compliance with all applicable criteria 1 16 41 Commission discussion on the motion 1 20 55 General discussion about color palette for a home that is not historic 1 21 31 Amendment to the main motion to strike condition 15 the requirement for a color aplette It was moved by Cr Mehl seconded by Cr Krauss to strike condition 16 the requirement for a color palette 1 23 34 Vote on the Amendment to the main motion to strike condition 16 the requirement for a color palette Those voting Aye being Cr Mehl Krauss Andrus and Mayor Becker Those voting No being Cr Taylor The amendment to the main motion passed 4 1 1 23 47 Vote on the main motion as amended to approve Conditional Use Permit and Certificate of Appropriateness application Z 12086 as described in the staff report and subiect to the conditions therein based on a finding of compliance with all applicable criteria striking condition 16 the requirement for a color palette Those voting Ave being Crs Andrus Krauss Mehl Taylor and Mayor Becker Those voting No being none The main motion as amended passed 5 0 1 24 06 2 Provisional Adoption of Ordinance No 1832 amending the text of the Unified Development Code to allow a Master Site Plan as an alternative to the creation of a Planned Unit Development for non residential development within the North 19th AvenuelWest Oak Street Entryway Corridor Zone Code Amendment Z 12050 AND consideration of Resolution No 4384 modifying the Bozeman Design Objectives Plan to achieve this purpose Riley 6of13 75 Minutes of the Bozeman City Commission June 18 2012 1 24 23 Doug Riley Planning Department Mr Riley provided the staff presentation on this item 1 30 38 The Commission began questions for staff 1 34 43 Don Cape Jr Cape Enterprises Applicant Mr Cape Jr began the applicant presentation comparing the process of going through a planned unit development versus a master site plan and said the PUD has outlived its usefulness as a requirement but not as a tool 1 37 44 Kevin Cook Applicant Mr Cook of 1276 North 15th Avenue continued the applicant presentation on this item speaking regarding experiences in the past in going through a planned unit development 1 39 30 Public Comment Mayor Becker opened public continent on this item Seeing none Mayor Becker closed public comment 1 40 15 Motion that having heard and considered public testimony materials presented and the review criteria for adoption of a Zone Code Amendment I find that the text of Ordinance 1832 is consistent with the review criteria and move to provisionally adopt ordinance 1832 It was moved by Cr Krauss seconded by Cr Mehl that having heard and considered public testimony materials presented and the review criteria for adoption of a Zone Code Amendment I find that the text of Ordinance 1832 is consistent with the review criteria and move to provisionally adopt ordinance 1832 1 42 16 Commission discussion on the motion 1 43 41 Vote on the motion that having heard and considered public testimony materials resented and the review criteria for adol2tion of a Zone Code Amendment I find that the text of Ordinance 1832 is consistent with the review criteria and move to provisionally adopt ordinance 1832 Those voting Aye being Crs Krauss Mehl Taylor Andrus and Mayor Becker Those voting No being none The motion passed 5 0 1 44 37 Break Mayor Becker called for a break 1 56 24 Back to Order Mayor Becker called the meeting back to order from break 1 56 57 3 Potential Parks and Trails Bond Policy Discussion Commissioner Mehl 7of13 76 Minutes of the Bozeman City Commission June 18 2012 1 57 18 Cr Mehl Cr Mehl provided the presentation on this item 2 16 12 Mayor Becker began questions Mayor Becker asked about why we would not have a six mill levy instead of a bond 2 19 58 Dan Simons Dorsey and Whitney Bond Counsel Mr Simons answered questions regarding bonds 2 41 09 Public Comment Mayor Becker opened public comment on this item 2 41 21 David Cook Public Comment Mr Cook of 701 South 7th Avenue spoke on behalf of the Recreation and Parks Advisory Board He explained that there is a backlog of parks and playing fields and that the time is now to take care of this issue He would urge that the Commission place the bond issue on the ballot 2 43 58 Amy McNamere Public Comment Ms McNamere of 419 South 9th Avenue voiced her strong support for the parks and trails bond issue as a way to help keep our trails safe especially since this community uses the parks and trails as heavily as they do 2 45 53 Steve Schnee Public Comment Mr Schnee of 108 Silverwood Drive spoke in favor of a parks and trails bond measure speaking regarding quality of life 2 47 59 Terry Cunningham Public Comment Mr Cunningham of 3224 Hidden Springs Lane spoke regarding past private public projects that he was involved in saying the same energy would be used for future parks and trails project 2 50 07 Cathy Costakis Public Comment Ms Costakis of 140 Village Crossing Way spoke regarding her use of the trails within town and that everyone should have the ability to use the trails She would like everyone to be able to have within a quarter mile of their home trail access they can reach safely via walking biking or in a wheelchair She spoke regarding a conference she recently attended called Weight of the nation 2 53 20 Matte Pope Public Comment Ms Pope of 1508 South Willson asked the Commission to support a 15 million park and trails bond initiative 2 54 28 Chris Pope Public Comment Mr Pope of 1508 South Willson spoke about social welfare and said that taxpayers would like the opportunity to take a vote to tax ourselves 2 55 52 Deb Love Public Comment Ms Love of 1013 South Black Avenue said she is the Northern Rockies Director for the Trust 8of13 77 Minutes of the Bozeman City Commission June 18 2012 for Public Land She spoke regarding a public opinion poll they conducted asking voters whether they would support a bond The majority said they would 2 59 11 Chris Naumann Public Comment Mr Naumann of 603 South 10th Avenue spoke on behalf of the Lacrosse League in support of a bond measure for parks and trails The city only has one legal size lacrosse field for 200 players and cannot host the state tournament because of the lack of athletic fields available 3 02 18 Hal Stanley Public Comment Mr Stanley of 7327 Canyon Drive commended Cr Mehl for bringing this bond issue forward He was attracted by the revitalized downtown and the trails here in Bozeman He emphasized that parks and trails are democratic as it does not cost anyone to use them 3 04 30 Swiven McGrath Public Comment Ms McGrath spoke on behalf of the Bridger Ski Foundation saying that public private partnerships have been integral to the Foundation They support this bond initiative 3 05 39 Blake Maxwell Public Comment Mr Maxwell of 516 West Lamme Street spoke regarding the timing and scale of a parks and trails bond speaking regarding the poverty level in this community and saying the assets of parks and trails are not translating to economic development Mr Maxwell asked about the math for the bond issue and spoke with concerns that many residents cannot afford the extra tax 3 09 04 Paul Rubright Public Comment Mr Rubright President of the Blittz Soccer Club spoke in favor of a parks and trails bond measure and emphasized the economic benefits that could follow In talking with soccer lacrosse and other groups there may be the possibility of a non profit coalition that could eventually take over maintenance They are attempting to model a coalition off of Kalispell s 3 10 37 John Catton Public Comment Mr Cation of 624 South Third thanked Cr Mehl and staff for the research done on this item and then spoke regarding his experiences with a Hello Walk and how uplifting it was He would support a bond measure as trail systems and parks are why a lot of people have moved here and stayed here 3 13 53 Kelly Pohl Public Comment Ms Pohl of 860 Rogers Way said she works for the Gallatin Valley Land Trust and is a parent and homeowner She spoke in favor of a park and trails bond measure referring to the benefits of parks and trails including raising property values lowering rates of obesity and attracting employers She said the current system of developing parks is not working The current lull in development can be a unique opportunity Ms Pohl would urge the Commissioners to let voters decide about the bond in November 3 16 33 Penelope Pierce Public Comment Ms Pierce Executive Director of Gallatin Valley Land Trust spoke in favor of a parks and trails bond measure speaking regarding the many years they have been working on trails in this community They see this bond as a great opportunity right now while land value is down Ms Pierce said thank you for the hard and thoughtful work that has been put into this 9 of 13 78 Minutes of the Bozeman City Commission June 18 2012 3 18 54 Public Comment Closed Seeing no further public comment Mayor Becker closed public comment 3 19 02 Cr Mehl Cr Mehl spoke to questions that arose during public comment 3 36 35 Motion to direct staff to prepare a motion to be considered in July for the City Commission to place a referendum on the November ballot authorizing the City to sell bonds to acquire money for purchase and improvement of parks trails recreation fields and preserving water quality along creek and stream corridors It was moved by Cr Mehl seconded by Cr Taylor to direct staff to prepare a motion to be considered in July for the City Commission to place a referendum on the November ballot authorizing the City to sell bonds to acquire money for purchase and improvement of parks trails recreation fields and preserving water quality along creek and stream corridors 3 37 20 Discussion on the motion 3 54 29 Suspension of the Rules of Procedure Mayor Becker suspended the rules of procedure to allow the meeting to extend to 11 p m 4 01 11 Vote on the motion to direct staff to prepare a motion to be considered in July for the City Commission to place a referendum on the November ballot authorizing the City to sell bonds to acquire money for purchase and improvement of parks trails recreation fields and preserving water quality along creek and stream corridors Those voting Aye being Crs Mehl Taylor Andrus and Mayor Becker Those voting No being Dept Mayor Krauss The motion passed 4 1 with Deputy Mayor Krauss opposed 4 01 39 Questions for Commission Cr Mehl asked clarification questions of the Commission 4 13 54 4 Update on the Carnegie Parcels Hotel Development Request for Qualifications RFQ Process Direction to Carnegie Parcels RFQ Preliminary Review Panel Regarding the Scheduling of Respondent Interviews and Preparation of a Final Recommendation Kukulski 4 14 00 Chris Kukulski City Manager Mr Kukulski referred to the memorandum provided to the Commission 4 15 40 Public Comment Mayor Becker opened public comment on this item 4 15 53 Don Cane Jr JWT Capital Public Comment Mr Cape a respondent on the RFQ said while he is enthusiastic about the prospect of being a 10 of 13 79 Minutes of the Bozeman City Commission June 18 2012 developer on a downtown hotel as a private citizen he would urge the Commission to slow down and think about the implications of interfering in a private sector project that is valid 4 17 56 Loren Acton Public Comment Mr Acton of 8490 Overlook Lane said he is concerned because he does not want to see city land sold unless there is an extremely compelling reason He also said that just because the city started a request for qualifications process does not mean we need to carry it through completion 4 21 21 Jerry Pape Public Comment Mr Pape of 15 North 25th spoke representing both First Interstate Bank and Kelryco respectively the sellers and buyers of the Bozeman Armory Mr Pape handed out a letter to the Commission from Kelryco regarding their qualifications to get the armory project accomplished for the benefit of the community 4 23 16 Matt Johnson Public Comment Mr Johnson of 3113 Garden Brook Lane spoke about a long affiliation between Kelryco and First Interstate and his confidence in Kelryco 4 24 23 Steve Rodderick Public Comment Mr Rodderick of 111 East Mendenhall spoke on behalf of his downtown business regarding the continued need for the Carnegie parking lot 4 26 16 Bill Bryan Public Comment Mr Bryan of 1220 South Tracy spoke as one of the founders of the business Off the Beaten Path which is about meaningful travel and connections He would recommend that this RFQ be suspended to provide support for related actions within the private industry 4 29 14 Dick Hart Public Comment Mr Hart of 2511 Ricky Rock Lane said parking is economic development and he does not know where additional parking would come from if this lot were removed 4 30 14 Ashley Ogle Public Comment Ms Ogle with Kenyon Noble would ask the Commission to rescind the RFQ and let the Carnegie lot remain a parking lot 4 31 16 Kyle Dornberger Public Comment Mr Dornberger of 211 North 10th asked that the RFQ process be terminated and spoke to the Armory as a more sustainable site He provided arguments for the Armory Hotel project 4 34 22 Cory Lawrence Public Comment Mr Lawrence of 4510 Morning Sun Drive spoke to the Armory redevelopment project as the developer They intend to bring a project that will be unique but reflective of the community If the city moves forward with the RFQ process they will exit this proposal as downtown cannot support two downtown boutique hotels 4 37 36 Michael Delaney Public Comment Mr Delaney of 101 East Main Street spoke in favor of the Armory redevelopment project He 11 of 13 80 Minutes of the Bozeman City Commission June 18 2012 also spoke regarding the vitalization going on right now in downtown Bozeman They are convinced that the Carnegie parking lot is necessary 4 40 36 Public Comment Closed Seeing no further public comment Mayor Becker closed public comment 4 40 38 Discussion on the motion 4 53 50 Rules of procedure Suspended Mayor Becker suspended the rules of procedure to allow the meeting to continue until 11 10 p m 4 59 37 Motion that the Carnegie parcels RFQ process be suspended for a period of 180 days pending with the understanding that the process will remain suspended or eliminated on the armory proiect Progress includes but is not Iimited to action towards purchase of a liquor license purchase of the armory property and or design work on the proposed hotel It was moved by Cr Taylor seconded by Cr Andrus that the Carnegie parcels RFO process be suspended for 180 days with the understanding that the process will remain suspended or be eliminated as long as there is continued progress on the armory project Progress includes but is not limited to action towards purchase of a liquor license purchase of the armory property and or design work on the proposed hotel 5 01 39 Discussion on the motion 5 02 54 Vote on the motion that the Carnegie parcels RFO process be suspended for 180 days with the understanding that the process will remain suspended or be eliminated as long as there is continued progress on the armory project Progress includes but is not limited to action towards purchase of a liquor license purchase of the armory property and or design work on the proposed hotel Those voting Aye being Crs Taylor Andrus Mehl and Mayor Becker Those voting No being Deputy Mayor Krauss The motion passed 4 1 with Deputy Mayor Krauss opposed 5 03 16 H FYI 1 Discussion 5 03 16 1 Upcoming Ordinance revising the Code of Ethics City Attorney Greg Sullivan said the Commission will be seeing an Ordinance during next week s meeting regarding revisions recommended by the Board of Ethics 5 03 32 2 Parks and Recreation Director City Manager Chris Kukulski said he will be announcing tomorrow who will serve as the new Parks and Recreation Director 5 04 02 3 Letter regarding Kohl s and the EIS process Commissioner Carson Taylor said he would like to discuss writing a letter about Kohl s regarding the EIS process 12 of 13 81 Minutes of the Bozeman City Commission June 18 2012 5 04 23 4 Color Palette discussion Cr Taylor said he would like to have a discussion with the other Commissioners regarding color palette as Cr Mehl has said he is committed to taking that out of every proposal in the future 5 04 59 I Adjournment Mayor Becker adjourned the meeting at 11 11 p m OF B OZ Sean A Becker Mayor ATTEST Alyti y yl Stacy Ul r 1 q 4 v0 a PREPARED BY Aimee kissel Deputy City Clerk Approved on iv i 2 01 13 of 13 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 1 CARNEGIE PARCELS TIMELINE On April 15, 2011 the City of Bozeman received a Letter of Intent (LOI) from CATELLUS GROUP LLC (CATELLUS) for the purchase of the Carnegie parcels located at 106 East Mendenhall Street in downtown Bozeman for the purpose of exploring the feasibility of constructing a hotel with ancillary services. On May 2, 2011 the Commission voted 5 – 0 to acknowledge the receipt of the CATELLUS LOI and authorized the City Manager to sign the LOI and order an appraisal “only if a future determination is made by the City that the Carnegie parking lot is no longer necessary for the conduct of city business”. On May 9, 2011, City staff conducted a public forum and information and listening session in the Commission meeting room with downtown businesses and property owners surrounding the Carnegie parcels. Approximately 25 – 30 business and property owners, staff and elected officials participated in the discussion. On May 11, 2011, the Bozeman Parking Commission met in its regularly scheduled monthly meeting wherein the Parking Commission found, by a vote of 5 – 1 (with one recusal), that there is a higher and better economic use and a greater benefit to the downtown area for the Carnegie parcel than surface parking due to the amount of available parking in the vicinity of this lot, particularly at the Bridger Park Downtown, which currently has the capacity to replace removal of the Carnegie lot spaces. Accordingly, the Parking Commission found the Carnegie parcel is not needed to provide public parking. On June 13, 2011, the Commission conducted a public hearing to determine whether real property owned by the City located at 106 East Mendenhall Street, known as the Carnegie parcels, is necessary for the conduct of City business or the preservation of its property and provided direction to staff. By a 5 – 0 vote the Commission determined that: 1) the real property known as the Carnegie parking lot (lots 17A, 18, 19, 20, 21, and 22 of Block E of the Original Town-site of Bozeman, Montana) located at 106 East Mendenhall is no longer necessar y for the conduct of City business or the preservation of City property and that sale and development of the real property by a private entity, in compliance with adopted City plans, is in the public interest; 2) any motion made by the Commission on May 2, 2011 regarding this property or the proposed sale of is superseded in its entirety by this motion; and 3) Staff is directed to proceed with a request for proposals process that could authorize the sale of the Carnegie parking lot to the entity whose proposal satisfies all legal requirements for the sale of City real property and whose development proposal the Commission determines best fulfills the objectives of the City’s 2020 Community Plan, its Economic Development Plan and the Downtown Improvement Plan. 99 2 With Commission direction, utilizing internal and external resources, parking, legal, planning and economic development staff prepared the draft RFP for Commission review. Other internal reviews include those by finance and administration. Additionally, external, private sector, review of the RFP was solicited and comments received and incorporated into the draft. On August 25, 2011 a Commitment for Title Insurance was issued by Security Title Company, Bozeman, Montana. On September 14, 2011, a real estate appraisal was issued by Appraisal Services of Bozeman Inc. Bozeman, Montana which appraised the property at $1.5 million dollars. The appraisal is valid for one year from the date of issuance. The current appraisal expires on September 15, 2012. On September 26, 2011, the Commission provided comment and direction on the content of the draft Carnegie parcels RFP for the construction of a full-service hotel with meeting facilities in downtown Bozeman, Montana, on the Carnegie parcels. The Commission directed staff to leave the date of publication open for Commission discussion and decision at the October 24, 2011 public hearing. Staff incorporated the Commission changes into the Draft 2 of the RFP as directed with a public release date to be determined by the Commission. On October 24, 2011, in a unanimous 5 – 0 decision, the Commission directed staff to postpone the release of the Carnegie RFP until January, 2012. The Commission set a hearing date of January 23, 2012 for staff to return to the Commission to discuss the final release of the approved Carnegie parcels RFP. On December 7, 2011 CATELLUS requested that they be removed from consideration for the purchase of the Carnegie parcels and future development of a downtown hotel project. During the week of January 2, 2012, City staff conducted discussions with hotel industry development professionals who independently expressed concerns with the release of the RFP as drafted citing primarily the expense of the initial investment necessary to create an acceptable and appropriate response to the RFP. The up-front cost appeared disproportionately high when viewed against the odds of being chosen as the preferred project proposal. These professionals suggested the net result of pursuing the current strategy of the RFP release as drafted, and associated up-front investment to the Respondent, may be a total lack of responses at the conclusion of the 90-day response period. A lack of responses to the Carnegie parcels RFP may cause credibility issues with the process that may reflect poorly on City. Based on this information, we proposed re-working the process to reduce up-front costs for Respondents without undermining the spirit of the original RFP. One option included adding an RFQ stage and a process to provide more personalized attention to those who may respond in order to communicate community desires, assess Respondent capabilities and research past projects while simultaneously setting expectations from the City and attempting to understand the Respondents expectations. 100 3 If an alternative approach is approved, work put into the existing RFP is neither lost or nor undermined by altering the process. The RFP as drafted and approved will constitute the majority of the information requested from respondents, albeit in a later phase of the process. Identified in both the Downtown Bozeman Improvement Plan and the Commission’s 2011 – 2012 adopted work plan, the development of a downtown hotel is one of the highest community priorities. Ensuring that the process facilitates an outcome with the highest probability of success is the rationale for suggesting alternatives to the originally proposed RFP process. Given the complexities public property sale transactions and the planning process for the con struction of a downtown hotel, staff does not believe that the requested delay will have an overall negative impact on a downtown hotel project. On January 11, 2012 at the regularly scheduled monthly Parking Commission meeting, staff discussed the available information and excerpts from discussions with private sector industry professionals. City staff received a consensus from Parking Commissioners present that the recommended delay and process reconsideration is a reasonable accommodation under the circumstances if the modifications increase the odds of success in the desire to construct a downtown hotel. On January 12, 2012 results of a Phase I Environmental Assessment was issued by Phoenix Engineering, Bozeman, Montana. On January 23, 2012 the City Commission voted 4 – 1, with Deputy Mayor Krauss opposed, to delay publishing the Request for Proposal (RFP) and direct staff to develop an Request for Qualifications (RFQ) within approximately thirty days and release it to the public upon completion. On February 21, 2012 the City Commission received a letter from several downtown business and property owners expressing their “opposition to the sale of the [Carnegie] parking lot because it is of the utmost importance to the long-term financial survival of their businesses and properties downtown”. On March 13, 2012 the Carnegie RFQ was released to the public. The deadline for responses was established for 5 pm on April 13, 2012. On April 13, 2012, three responses were received. On June 18, 2012, the Commission voted 4 -1 to suspend the Carnegie RFQ process for 180 days with the understanding that the process will remain suspended or be eliminated as long as there is continued progress on the armory project. 101