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HomeMy WebLinkAbout2003-08-04 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 4, 2003 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, August 4,2003, at 7:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro, City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, City Attorney Paul Luwe and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - Januarv 18. 2000. and May 19. May 27. June 10. July 14. July 21 and July 28.2003 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meeting of May 19, 2003, be approved as amended and that the minutes of the meeting of July 28, 2003, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and May 27, June 10, July 14 and July 21, 2003 to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Ordinance No. 1601 - establish an initial zonina desianation of "R-4" on 9.036-acre parcel Iyina between Haaaerty Lane and 1-90 at Ellis Street extended and adiacent 4.91 acres of public riaht-of-way for Haaaerty Lane: provisionally adopt and bring back in two weeks for final adoption ORDINANCE NO. 1601 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE ZONE MAP BY ESTABLISHING AN INITIAL ZONING DESIGNATION OF "R-4" (RESIDENTIAL HIGH DENSITY DISTRICT) ON 14t ACRES SITUATED IN THE SWv.., SEv.. OF SECTION 8, T2S, R6E, PMM, GALLATIN COUNTY, CITY OF BOZEMAN, MONTANA. Ordinance No. 1602 - amendina the zonina desianation from "BP" to "B-2" on 126t acres and from "BP" to "R-3" on 12t acres located northwest of the intersection of Baxter Lane and Gallatin Green (Baxter Meadows. Phase II): provisionally adopt and brina back in two weeks for final adoption ORDINANCE NO. 1602 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE ZONE MAP BY AMENDING THE ZONING DESIGNATION FROM "BP" (BUSINESS PARK DISTRICT), TO "B-2" (COMMUNITY BUSINESS DISTRICT) ON 126t ACRES AND TO "R-3" (RESIDENTIAL MEDIUM DENSITY DISTRICT) ON 12::1: ACRES LOCATED NORTHWEST OF THE INTERSECTION OF BAXTER LANE AND GALLATIN GREEN, DESCRIBED AS TRACT 4, COS 2202 AND A PORTION OF TRACT 2, COS 2202, 08-04-03 ---.------- - 2 - AND LOCATED IN THE SE% OF SECTION 34, T1S, R5E, PMM, CITY OF BOZEMAN, MONTANA. Claims It was moved by Commissioner Hietala, seconded by Commissioner Brown, 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 Hietala, Commissioner Brown, Commissioner Youngman and Mayor Kirchhoff; those voting No being Commissioner Cetraro. Work session - overview and review of City Manaaer's Budaet Recommendations for Fiscal Year 2003-2004 - Administrative Services Director Gamradt Administrative Services Director Miral Gamradt distributed copies of his power point presentation, noting that this review is conceptual and does not include specifics from the budget. He noted that this year's budget process is roughly six weeks later than usual, due to firefighter factfinding taking an inordinate amount of time for about five weeks at the very time he is usually immersed in the budgeting process. He stated this is the first of two scheduled work sessions; and at next week's meeting, staff will be seeking Commissioner input on possible revisions to the budget. Notice will then be advertised for the public hearing on the budget, the hearing will be held, and it is anticipated the Commission will adopt the budget by resolution and set the mill levy at the September 2 meeting. Administrative Services Director Gamradt noted that during the last several budget cycles, discussion has revolved around a shift in the direction of Bozeman's city government. The growth of the community has resulted in increasing demand for services which, in turn, has added pressures on City departments. At the same time, staff has been directed to hold down the number of new employees, to fund the capital improvement program, and to play catch up on infrastructure replacement. The Director noted that the City has incurred two consecutive record-setting increases in taxable value, which is probably the best indicator of economic health in the community. He stated that in 1989 the mill value was approximately $22,000, and in 2004 it is estimated at slightly under $50,000. He noted that , in his review of prior years, he looked at both individual years and combined breakdowns for the Fiscal Years 1990 to 1996 and Fiscal Year 1997 through 2004. The City's taxable value grew approximately $11,000 in the first seven years and $15,000 in the next eight years. The census grew 21 percent in the decade from 1990 to 2000, making it one of the fastest growing communities in Montana. Administrative Services Director Gamradt stated that during the seven-year period between Fiscal Years 1990 and 1996, over 80 new employees were added, and during the next eight-year period just over 30 employees were added. This was due to a shift in direction, to budget more for capital items. He turned his attention to those expenditures, noting that between Fiscal Years 1990 and 1996, approximately $8 million was expended for capital items while during the period between Fiscal Years 1997 and 2004, nearly $40 million has been spent and/or budgeted. He acknowledged that the capital budget for Fiscal Year 2004 includes just over $12 million, $7.5 million of which is impact fees; and that skews the numbers somewhat. The Administrative Services Director stressed that these changes in budgeting are due in large part to the Commission's leadership. He also noted that the budgeting process has shifted during the past several years, moving from a detailed review of line items in each budget unit to focusing on the big picture and a conceptual understanding of the overall document. This change allows for better understanding of the budget document itself and the direction that the City is moving, rather than getting lost in the details and what appear to be complexities in the budget process. He stated it is critical to remember that the budgeting process can simply be boiled down to determining the beginning balance, adding a conservative estimate for revenues, subtracting the anticipated expenditures, and calculating the year-end balance. He noted that the budget document resulting from that process should allow for easy identification of those numbers. The Director stated that the graphs depict the sharp contrast between the budget direction received between Fiscal Years 1990 to 1996 and the direction received between Fiscal Years 1997 and 2004, while the community has continued to grow at a record pace. In addition to the changes reflected in the previous graphs, the Commission has chosen to anticipate future capital needs and to avoid debt for those needs 08-04-03 ------- .. --- --....--.------ ---.-.---- --. . --. - -.- . - 3 - to the greatest extent possible. He noted that when the new Water Treatment Plant was constructed in 1982, over $5 million was bonded and the rates were increased 66 percent to cover the costs of repaying those bonds. This mechanism for funding contrasts sharply from the anticipated funding of a new $15 million replacement plant in Fiscal Year 2009 that should be funded with a nominal increase in rates phased in over several years. Administrative Services Director Miral Gamradt briefly reviewed the projects to be funded through impact fees this year, which include $5.5 million in street improvements and a total of $2 million for fire, water and sewer. He then turned his attention to changes in personnel, noting that a net of two new employees is anticipated in the budget as presented. He noted that the Building Inspection Division has recently approached him with the need for an additional employee and vehicle and, since that division is funded through a special revenue fund, resources are available to cover those costs. The Director addressed the health insurance fund next, noting that its balance has plummeted from slightly less than $2 million in Fiscal Year 2000 to a deficit in Fiscal Year 2003. Incremental reductions in coverage and increased contributions failed to stem the dramatic swing; and, as a result, effective July 1, 2003, some major changes occurred, with employees now contributing toward the costs of coverages for spouses and children. Also, the City's contribution has been significantly increased; and that is resulting in an increase of 8.32 mills for this fiscal year, or $30 for the owner of a home with an assessed value of $150,000. Administrative Services Director Gamradt showed a graph of the general fund balances over the past ten years noting they are relatively stable since a majority of the costs are related to personnel. He stated the sharp decline in Fiscal Year 2003 is due to the use of reserves to purchase the Story Mansion, a one-time expenditure. He stated that, while the balance in the General Fund has remained relatively the same, its percentage to annual expenditures has declined. He cautioned that the budget as submitted is $237,000 out of balance, and to fund that shortage from the reserves will result in further reduction of the balance. He then turned his attention to the various enterprise funds, noting that the working capital is tracked rather than the fund balance. He stated that the working capital is extremely volatile, with a majority of the costs relating to capital items; and it reflects conscious decisions to build the fund when preparing to fund a large project and then the expenditure of those monies. He reviewed various capital items funded over the past ten years from each of those funds, and noted it is preferable to approach large expenditures in this manner rather than incurring debt. The Director concluded his presentation by reviewing the anticipated net change in the total mill levy, which reflects an increase of 8.79 mills, with the increases largely occurring in the health insurance levy and implementation of the special voted mill levy for fire equipment. Responding to Commissioner Hietala, the Director stated the fire mill levy is for a three-year period and will remain essentially constant; the levy for Library GO Bond will remain essentially the same; the levy for the Transportation GO Bond will increase to its previous level; and the levy for health insurance will probably climb due to the fact that health insurance costs are increasing at the rate of 12 percent per year. Further responding to Commissioner Hietala, Director Gamradt stated that he has received a preliminary estimate on the value of a mill, which is just slightly under $50,000. He noted, however, the estimate does not identify what portion of that is due to new construction, on which the City can garner the entire increase. He noted that for the remainder of the increase, the City can only capture Y:z of the rate of inflation over the previous three years. Responding to Commissioner Cetraro, the Director stated the value of real estate has gone up significantly, which translates to additional taxes for those property owners. He noted that the Legislature has limited increases in the mill levy to protect the taxpayers in communities that have seen the type of increases witnessed in Bozeman. Commissioner Youngman noted this is the first time that the spending of impact fees is being budgeted. She questioned why improvements to Durston Road were not included in the projects to be funded from this source. City Manager Johnson asked Director of Public Service Debbie Arkell to be prepared to review the various projects to be funded through the use of street impact fees and to provide the rationale for the order in which they have been listed at next week's work session. 08-04-03 ------ .... ._._nn._ . .-. . - . -...-........ -- --..----- -......-..... ,,- -- ...- - 4 - Commissioner Youngman noted two issues not yet addressed are the Community Affordable Housing Advisory Board's recommendation for an annual budgetary commitment, which the Commission just received; and the impacts that establishing senior citizen rates for utilities might have. Responding to questions from Commissioner Youngman, Administrative Services Director Gamradt stated the City has received monies for mitigation of the impacts of a large retailer from only one business to date; and those monies have been included under the financial summaries. Commissioner Youngman noted that some departmental requests are reflected in the proposed budget while others are not and asked for a summary of what did not fit into the budget as submitted. Responding to questions from Commissioner Hietala, Administrative Services Director Gamradt stated that, at the present time, the full cost to acquire the Mandeville property has been funded from the solid waste fund. If a new shop complex is to be housed on a portion of the property, this fund will be reimbursed from other City departments using the facility; and if any portions of the property are sold, the proceeds will be deposited back into the solid waste fund. Commissioner Hietala stated that $3 million is an exorbitant amount to spend on land for a transfer station. City Manager Johnson indicated that a work session for Commissioner input has been scheduled for next week's meeting. Commissioner Youngman asked if the power point presentation and the executive summary from the budget can be posted on the City's website. Administrative Services Director Gamradt indicated that they can be. He then cautioned that it would be difficult to post the entire budget on the web because of its size; however, copies are available for review at the Bozeman Public Library. Mayor Kirchhoff thanked the Administrative Services Director for his presentation. Reauest from Human Resource DeveloDment Council for City aDDroDriation of $100.000 match for CDBG aDDlication for home ownership proaram Included in the Commissioners' packets was a copy of the letter dated July 23, 2003, from Jeff Rupp, Executive Director of the Human Resource Development Council (HRDC). Mr. Jeff Rupp stated that HRDC wishes to embark on a new partnership with the City for the creation of a home ownership program. He reminded the Commission that the last partnership between the City and HRDC resulted in Bozeman being the first community with a land trust that generated affordable homes for ownership, and the program has since been mirrored in Livingston. He noted that HRDC's efforts over the past five years have been targeted toward expiring contracts on HUD affordable housing projects; and they have successfully preserved nearly 350 units of affordable housing. The Human Resource Development Council feels it is now time to expand home ownership opportunities. To accomplish that, they are asking the Commission to commit $100,000 from the large scale retail fees for a down payment assistance program for city residents in the 60 to 80 percent of area median income category. He stated that translates to a family of four with around $40,000 income, which includes teachers, police officers, firefighters and other professionals. He indicated that the $100,000 would be used to leverage a $500,000 Community Development Block Grant (CDBG) application being sponsored by Gallatin County; and the County funds will be used throughout the entire county. He stressed that Bozeman has the most expensive non-resort homes in Gallatin County, and this financial commitment would assist those seeking home ownership. He indicated that the program will include education, counseling, and assistance with loan packages. Mr. Rupp stated that many groups in the community support the "Road Home" program, including the Southwest Montana Building Industry Association and the Community Affordable Housing Advisory Board. Local lending institutions have committed over $2.5 million to the program; and the City's contribution is the single remaining piece. Mr. Rupp concluded by noting that several other communities in Montana have established similar programs, including Billings, Kalispell, Butte, Havre, Great Falls and Helena. 08-04-03 --.-----.-- --.--..." ...-. - -.-------.------------------- ------.--.-.-..-......-. -- _._______..___n._"_ - 5 - Responding to Commissioner Brown, Commissioner Youngman stated she prefers not to identify the source of the City's commitment at this time, but to allow the opportunity for a lengthy discussion and determination of how the economic development fees for large scale retail are to be expended. She noted that when the task force made its recommendation that funds be committed to affordable housing and a first time homebuyer program, it was with the recognition that this would apply to future projects and not apply to WalMart or Home Depot. She stressed the importance of not taking an action that would commit any portion of those monies without the overall discussion and determination of how they are to be spent. She noted the only decision required at this time is the commitment of monies so that information can be included in the CDBG application. Responding to questions from Commissioner Cetraro, Mr. Rupp stated he will ask the County for a financial commitment in addition to staff support. He stressed that local matches are critical because of the competition for these grant monies. Commissioner Youngman noted that the gap between the cost of housing and the wages paid is greater in Bozeman than in the remainder of Gallatin County. As a result, she feels it is important for the City to approve the requested financial commitment. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission approve the request from the Human Resource Development Council by appropriating $100,000 to match the Community Development Block Grant application being sponsored by Gallatin County for a home ownership program. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Mayor Kirchhoff indicated he will write a letter of support for the grant application. Public hearing - Conditional Use Permit - Allied Enaineering for P.O.B. Gallatin - allow addition of veterinary clinic providina services to domestic animals with overnight boardina that will not exceed more than 15 percent of gross floor area of retail business previouslv approved for Lot 9.1. Gallatin Center Subdivision PUD (PetsMart. 2997 Max Avenue) (Z-03151) This was the time and place set for the public hearing on the Conditional Use Permit requested by Allied Engineering for P.D.B. Gallatin under Application No. 2-03151, to allow the addition of a veterinary clinic providing services to domestic animals with overnight boarding that will not exceed more than 15 percent of gross floor area of the retail business previously approved for Lot 9.1, Gallatin Center Subdivision Planned Unit Development. The subject business is PetsMart, located at 2997 Max Avenue. Mayor Kirchhoff opened the public hearing. Senior Planner Dave Skelton presented the staff report. He reminded the Commissioners that on October 21, 2002, they approved an application to allow PetsMart to construct its store on Lot 9.1 , Gallatin Center Subdivision, at the south end of the existing Bob Ward and Son store; and that building is currently under construction. This application is to expand services at that facility to include a veterinary clinic for domestic animals and overnight boarding as associated services. He stressed that the overnight boarding services would be available only to those animals being cared for, and not as a separate business. Senior Planner Skelton stated that staff has reviewed this application in light of the applicable criteria contained in the zone code, and staff's comprehensive findings are contained in the written staff report. As a result of that review, staff is forwarding a recommendation for approval, subject to six conditions. He stressed that most of the issues were previously addressed in conjunction with the prior application. Mr. Chris Budeski, Allied Engineering, representing the applicant, indicated that this will be a completely inside facility with no outdoor examinations or boarding. The services will be limited to small domestic animals, such as cats, dogs and other household pets. He then indicated concurrence with the staff report and a willingness to respond to questions. Ms. Sue Geske, 155 Bison Trail, asked where the dogs that are hospitalized will be walked or if they will be kept indoors. She expressed concern about how the area will be maintained if they are walked 08-04-03 . ...._._____._..uo .6- outdoors. She questioned the need for another veterinary service for small animals, particularly since there are already about fifteen clinics within Bozeman and Belgrade serving those needs. Responding to the questions raised, Mr. Chris Budeski stated that the application submitted by PetsMart indicates that all animals will be kept inside, with no intent to walk the animals outdoors. He then stressed that the veterinary clinic is to be an accessory use to the retail sales, and is designed to accommodate sick animals that are retained overnight for observation, not for long-term care. Responding to Commissioner Brown, Mr. Budeski stated that PetsMart does not sell animals, but does provide facilities where the local animal shelter may show animals for adoption. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Conditional Use Permit requested by Allied Engineering for P.O.B. Gallatin under Application No. Z-03151, to allow the addition of a veterinary clinic providing services to domestic animals with overnight boarding that will not exceed more than 15 percent of gross floor area of the retail business previously approved for Lot 9.1, Gallatin Center Subdivision Planned Unit Development, be approved subject to the following conditions: 1. That the veterinary clinic, as an accessory use, be limited to overnight boarding facilities for domestic pets totally encompassed within the interior of the structure, that no exterior kennels, holding areas, runs, pens or exercising areas be permitted, and that no outdoor examinations or treatment of larger domestic animals (i.e., horses, cattle, pigs, goats, sheep or similar livestock/pets) will be allowed. 2. That the applicant provides written documentation of approval by the property owner's association of Gallatin Center Subdivision PUD for the veterinary clinic as an accessory use to the PetsMart retail commercial business prior to final site plan approval. 3. ' That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. 4. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan or commencement of the conditional use. 5. That seven (7) copies of the final site plan containing all of the conditions, corrections and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of approval. The Planning Office shall forward a copy of the approved final site plan to the Building, Street/Sanitation, Water/ Sewer, Engineering, and Fire Departments; and one copy shall be retained in the Planning Office file. 6. That the applicant, upon submitting the final site plan for approval by the Planning Director and prior to issuance of a building permit, will also submit a written narrative outlining how each of the above conditions of approval have been satisfied or met. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. 08-04-03 -.----. ..--..---...------ - 7 - Break - 8:32 to 8:45 p.m. Mayor Kirchhoff declared a break from 8:32 p.m. to 8:45 p.m., in accordance with Commission policy. Public hearing - Conditional Use Permit to allow expansion of existina Conditional Use Permit. with Certificate of Appropriateness. to allow construction of a new five-bedroom auest house with one- bedroom caretaker's apartment and relocation of existina carriaae house on lots 12-16. Block 108. Northern Pacific Addition: Lot 2. Plat C-23-A5. Amended Northern Pacific Addition. and vacated portion of East Aspen Street. and deviation from Section 18.50.11 O.F .. Bozeman Municipal Code. to allow UP to six parkina spaces less than reauired - Linda Bell for Jon B. Gerster. 719 North Wallace Avenue (2-03162) This was the time and place set for the public hearing on the Conditional Use Permit requested by Linda Bell for Jon B. Gerster, Jr., Jon B. Gerster, Sr., and S. Faye Gerster under Application No. Z-03162, to allow expansion of the existing Conditional Use Permit, with Certificate of Appropriateness to allow construction of a new five-bedroom guest house with one-bedroom caretaker's apartment and relocation of the existing carriage house on Lots 12 through 16, Block 108, Northern Pacific Addition; Lot 2, Plat C-23-A5, Amended Northern Pacific Addition, and a vacated portion of East Aspen Street, and a deviation from Section 18.50.11 O.F. of the Bozeman Municipal Code to allow up to six parking spaces less than required. The subject property is known as the Lehrkind Mansion, located at 719 North Wallace Avenue. Mayor Kirchhoff opened the public hearing. Assistant Planner Susan Kozub presented the staff report. She stated the subject property is located at the southwest corner of the intersection of North Wallace Avenue and East Aspen Street, within the Bozeman Brewery Historic District. Under this application, the carriage house is to be relocated on the site and remodeled into a garage and accessory apartment, and an 1890s house currently located on Manley Road is to be moved to where the carriage house currently exists and renovated to include five guest rooms for the bed and breakfast and a one-bedroom caretaker's apartment. This application includes one deviation, to allow fewer parking spaces than required by the code. The Assistant Planner stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. She noted that staff supports the requested deviation for parking spaces, noting that seven on-street parking spaces are available and, with conversion of the carriage house to a garage with parking pad outside, four on-site parking spaces can be provided without disrupting the integrity of the site. She concluded by forwarding staff's recommendation for approval, subject to fifteen conditions. Mr. Jon Gerster, applicant, stated he views this project as an opportunity for the northeast side of the community and reflects the improvements being made to surrounding properties. He indicated that relocating the bedraggled house from its current Manley Road location to this property will allow for preservation of a nice home in a manner that is sensitive to the history of both the Lehrkind Mansion and this home. He stated it appears the house on Manley Road is too fancy to have been a farmhouse originally, which suggests it may have been moved from town to the country some time during its life. He noted that the carriage house, which is circa 1902, has been redone so many times that it does not now reflect its original state; and moving it to another place on the lot and replacing it with a home from essentially the same period seems appropriate. Mr. Gerster showed the Commission pieces of the woodwork from the old house on Manley Road, noting it is made from old growth Douglas fir. He indicated that Lehrkind Bed and Breakfast guests love the neighborhood and its mixed use, and approving this application will allow them to expand their business, helping it to attain a permanent status. Mr. Chris Nixon, applicant, stated the guests love the eclectic neighborhood, and this will allow them to serve more guests than they currently can. He also noted that this expansion will allow them to hire someone to assist with the bed and breakfast. Mr. Nixon stated that they are willing to pave East Aspen Street at some time; however, he asked that the paving requirement be delayed until the owner of the Haynes building has decided what to do with 08-04-03 ------- - 8 - that structure. He noted that, depending on how that building is renovated, it may be more appropriate to use brick pavers or stamped brick than the typical asphalt surface. Ms. Rachel Wallace, 401 South Willson Avenue, expressed her support for this project, noting the applicants have turned this bed and breakfast into a center for the community. No one spoke in opposition to the application. Assistant Planner Kozub noted that the request to delay the requirement for paving was raised at the Development Review Committee, but staff was not comfortable recommending approval of the request and suggested that the applicant raise it to the Commission. Mr. Jon Gerster reminded the Commission that a portion of East Aspen Street has been vacated, and that the remainder of the street is a mutual access to both the Haynes building and the Lehrkind Mansion, with parking on both sides. He indicated that they are supportive of some type of paving for the street; they simply prefer to complete that improvement in conjunction with future improvements to the Haynes building to make sure that it is sensitive to both properties. Responding to Mayor Kirchhoff, Mr. Gerster stated the Haynes building has been gutted and the asbestos shingles have ben removed. He noted that Mr. Tengelson, owner of the building, is now contemplating the possibility of moving the offices or possibly the research and development portion of Lattice Materials to this building, but no firm plans have been made to date. Planning Director Andy Epple suggested that, if the Commission supports the applicants' request for delay of the paving requirement, Condition NO.8 could be revised to require an improvements agreement for paving of East Aspen Street in conjunction with the adaptive re-use of the Haynes building. He then noted that, if the Commission wishes, it could also include a time certain for the installation of those improvements, even if the Haynes project has not come forward. Responding to Commissioner Youngman, Assistant Planner Kozub stated that there is a 24-foot- wide access easement with three feet on either side for parking and five feet for a sidewalk adjacent to the Haynes building. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Responding to Commissioner Youngman, Mayor Kirchhoff indicated he feels a time limit is important, and suggested that three years be the limit included in the revised condition. Commissioner Cetraro voiced his concerns about the expansion of an incompatible use with the existing zoning. Commissioner Youngman voiced hersupportforthe project, stating she finds this bed and breakfast is an asset to the community. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Conditional Use Permit requested by Linda Bell for Jon B. Gerster, Jr., Jon B. Gerster, Sr., and S. Faye Gerster under Application No. Z-03162, to allow expansion of the existing Conditional Use Permit, with Certificate of Appropriateness to allow construction of a new five-bedroom guest house with one-bedroom caretaker's apartment and relocation of the existing carriage house on Lots 12 through 16, Block 108, Northern Pacific Addition; Lot 2, Plat C-23-A5, Amended Northern Pacific Addition, and a vacated portion of East Aspen Street, and a deviation from Section 18.50.110.F. of the Bozeman Municipal Code to allow up to six parking spaces less than required, be approved subject to the following conditions: 1. The applicant shall install a small interpretive sign on the property explaining the history and relocation of the guest house. 2. The final site plan shall depict the relocated carriage house with a 20-foot setback off the alley, two parking spaces in front of the structure, and two parking spaces within the structure to provide a total of four additional on-site parking spaces. 3. Where possible, the applicant shall retain any mature landscaping on the property. 08-04-03 --- --.--- - 9 - 4. The right to a Conditional Use Permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All of the special conditions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his/her successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the commencement of use. 5. Seven (7) copies of the final site plan containing all of the conditions, corrections, and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of approval. 6. The applicant shall obtain a building permit and pay all required fees within one year of Certificate of Appropriateness approval or this approval shall become null and void. 7. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. 8. The applicants shall enter into an Improvements Agreement with the City to guarantee improvements to vacated Aspen Street from North Wallace Avenue to the western property line in conjunction with the adaptive re-use of the Haynes Building or within three years, whichever occurs first. The improvements shall include a minimum 24-foot-wide paved surface or an alternative hard surface that is acceptable to the City's Planning staff and Engineering staff. The applicant shall financially guarantee these improvements, with the method of security being made a part of the Improvements Agreement. 9. The applicant shall be aware that the first 60 feet of water line inside the property is copper which converts to galvanized line. The City is responsible for maintenance of that 60-foot section with the remainder of the line being the owners' responsibility, 10. Prior to final site plan approval, the applicant shall provide a study conducted by a master plumber to assess the size of the line. If there is a need for upsizing, a new water line from the main to the mansion will be installed at the owners' expense. 11. The applicant shall be aware that the City of Bozeman will tap the water main and inspect the service line. 12. Both the relocated carriage house and the new guest house may connect to the water service line from the mansion. 13. The relocated carriage house may connect to the sewer service line from the mansion. 14. The property owners shall be responsible for the installation of sewer service from the sewer main in East Aspen Street to the new guest house. 15. The applicant shall be aware that the City of Bozeman will tap the sewer main and install the tapping saddle. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No being Commissioner Cetraro. 08-04-03 --------...--...---...,...-.... ----..-.--... -.... - 10- Public hearing - Certificate of Appropriateness to allow construction of aaraae with apartment on second floor on Lots 6 and 7. Block 15. Park Addition. with deviations from Section 18.24.050. Bozeman Municipal Code. to allow garage to encroach 10 feet into the reauired 10~foot rear yard setback. from Section 18.50.050.G.. to allow the aaraae/apartment to OCCUpy more than 25 percent ofthe rear yard: and from Section 18.50.060.2.. to allow the exterior stairway to encroach 1 additional foot into the reauired 5~foot side yard setback - James and Valerie Webster. 311 South 3rd Avenue (Z-03171 ) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by James and Valerie Webster under Application No. 2-03171, to allow the construction with a garage with an apartment on the second floor on Lots 6 and 7, Block 15, Park Addition, with deviations from Section 18.24.050 of the Bozeman Municipal Code to allow the garage to encroach 10 feet into the required 10-foot rear yard setback; from Section 18.50.050.G., to allow the garage/apartment to occupy more than 25 percent of the rear yard; and from Section 18.50.060.2., to allow the exterior stairway to encroach 1 additional foot into the required 5-foot side yard setback. The subject property is located at 311 South Third Avenue. Mayor Kirchhoff opened the public hearing. Historic Preservation Planner Hillary Hertler presented the staff report. She stated that the notice identified the second floor unit as an apartment, but the applicant's intention is to use it as a guest house, as clarified in a letter dated July 31. Since the proposed use is less intensive than the advertised use, staff has determined the item can be considered at this time. Historic Preservation Planner Hertler stated that the subject property is located within the BonTon Historic District. She reviewed the requested deviations for this project, which include allowing the stairs to encroach 3 feet into the side yard setback rather than the 2 feet allowed, allowing the garage to be located on the rear lot line, and allowing a 57-percent rear lot area coverage rather than the 25 percent permitted under the code. She stated that the houses on both sides have large barns at the backs of the lots, and this proposed structure is to be the same height. The Historic Preservation Planner stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written report. She concluded by forwarding staff's recommendation for approval, subject to nine conditions. Mr. Mike Brunelle, architect representing the applicant, stated the applicants have been adamant about making the structure similar to their house and historically appropriate. He noted they currently have a drive off South 3rd Avenue and want to construct the garage off South 4th Avenue, thus allowing the South 3rd Avenue frontage to return to a pedestrian state. He indicated the deviations are being requested because of site constraints, including an electrical transformer and utilities as well as mature vegetation, including a large maple tree. He stated they have also attempted to mimic the properties on either side, where the accessory buildings are located on the property line. No public comment was received on this application. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Certificate of Appropriateness requested by James and Valerie Webster under Application No. 2-03171, to allow the construction of a garage with an apartment on the second floor on Lots 6 and 7, Block 15, Park Addition, with deviations from Section 18.24.050 of the Bozeman Municipal Code to allow the garage to encroach 10 feet into the required 10-foot rear yard setback; from Section 18.50.050.G., to allow the garage/apartment to occupy more than 25 percent of the rear yard; and from Section 18.50.060.2., to allow the exterior stairway to encroach 1 additional foot into the required 5-foot side yard setback, be approved subject to the following conditions: 1. For all new windows, non-reflective exterior window cladding shall be used. Said windows will have similar design features as existing principal dwelling windows. 2. Siding and roofing shall match existing materials on principal dwelling. 08-04-03 - 11 - 3. All appliances in the kitchenette will be kept to a minimal size, such as mini- refrigerator, one tub sink, no dishwasher, two-burner stove or a studio/apartment size stove/oven, etc. 4. As per Water and Sewer Department, the owner shall obtain a permit for sewer prior to installation of sewer lines. A separate sewer line must be run from the main sewer line. Sewer connections to the subject property shall be completed by the City, with related costs borne by the property owner. Contact the Water and Sewer Department at 582-3200 for an application for service and additional information. Water and sewer lines will be identified on the building permit set. 5. Applicant will apply for a Street Cut Permit for sewer lines. Permits are available at the Engineering Department, 20 East Olive Street. 6. Applicant will provide four (4) off street parking spaces. 7. Applicant will provide a letter stating space above garage is for guest use only and will not be used as a rental without an additional Certificate of Appropriateness/ Deviation application being filed for at the Planning Department. 8. If necessary, the applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. 9. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Public hearina - sketch plan with Certificate of Appropriateness ~ allow applicant to disassemble the Milwaukee Railroad depot located on portions of Block C. Rouse's Addition: portions of Blocks B. C. E and F. Rouse's Second Addition: portions of East Babcock Street. East Olive Street and East Curtiss Street Ivina between the east line of South Wallace Avenue and South Ida Avenue: and portions of South Ida Avenue Ivina between the south line of East Main Street and the south line of East Curtiss Street. salvage the exterior architectural features of the structure. palletize the veneer bricks for future reconstruction of the depot. demolish the remainder of the structure. and remove site debris - City of Bozeman Public Library lsouth side of East Main Street. west of Lindlev Park} lZ-03180) This was the time and place set for the public hearing on the sketch plan with Certificate of Appropriateness requested by the City of Bozeman Public Library under Application No. 2-03180, to allow disassembling of the Milwaukee Railroad depot located on portions of Block C, Rouse's Addition; portions of Blocks B, C, E and F, Rouse's Second Addition; portions of East Babcock Street, East Olive Street and East Curtiss Street lying between the east line of South Wallace Avenue and South Ida Avenue; and portions of South Ida Avenue lying between the south line of East Main Street and the south line of East Curtiss Street; salvaging of the exterior architectural features of the structure, palletizing the veneer bricks for future reconstruction of the depot, demolishing the remainder of the structure, and removing the site debris. The subject property is located along the south side of East Main Street, west of Lindley Park. Mayor Kirchhoff opened the public hearing. Historic Preservation Planner Hillary Hertler presented the staff report. She stated that under this application, the depot on the new library site is to be disassembled, with the exterior bricks to be palletized and the remainder of the structure removed. She indicated that the structure qualifies for listing on the National Register of Historic Places, but has not been nominated. She indicated that the Historic 08-04-03 ------ ------- ----------- -." -.-.---.--.".....-----------.-- -------.--.-.. ..-- - 12 - Preservation Advisory Board and the Design Review Board have reviewed this application, and their input has been forwarded in conjunction with the staff report. Public comment has also been received regarding this application and has been forwarded to the Commission. The Historic Preservation Planner stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. She concluded by forwarding staff's recommendation for approval, subject to several conditions. Planning Director Andy Epple noted that some questions have been raised about considering this application without a final site plan accompanying it. He cited other recent instances where a similar process was followed, including removal of the Gallatin Apartments near the intersection of South Church Avenue and East Main Street before the final site plan for the Dunbar Building was submitted. He indicated that, in that instance, the application for a demolition permit came at approximately the same stage in the process as it did in this instance. Responding to questions from Mayor Kirchhoff, Planning Director Epple acknowledged the fact that the remediation contract has been let and work begun does complicate the issue somewhat, but site remediation does not affect the Commission's decision on whether it is appropriate to disassemble the depot, palletize the bricks and store them. He recognized that it would be more costly to take action on site remediation around and under the depot at some time in the future than it would when the company has been mobilized and is on site. Further responding to the Mayor, the Planning Director confirmed that the zone code allows the Commission to take action precluding demolition of an historic structure for up to two years, but after that time, the Commission cannot prevent the demolition, even if the structure is listed on the National Register of Historic Places. Mr. Robert Gutzman, member of the Library Board of Trustees, stated the Board has tried to wind through the complexities of remediation of a waste site and plan for the disposition of the Milwaukee depot, which they recognize is an important building on the site. He stressed that the Board has worked with City staff and various boards, including the Historic Preservation Advisory Board and the Design Review Board. and has never had the intent to subvert or short cut any requirements. He identified the various charettes and public meetings held to gather input on designing both the building and the site, as well as soliciting comments through newsletters, the website and various displays. Furthermore, all Library Board meetings have been announced and open to the public. The Board has discussed the most cost effective options for dealing with the exist depot, and found dismantling it was the most effective. As a result, that portion of the project was incorporated into the contract documents for remediation of the site, with the hope that it would later be reconstructed in its historic context. Mr. Gutzman noted that during informal review before the Commission, the intent and plans for the depot were discussed; and the Historic Preservation Advisory Board has indicated support for the project as proposed. Mr. Gutzman distributed copies of a document prepared by Mr. Mark Johnson, Resource Technologies, Inc., detailing the added expenses of delaying the remediation timeline. He indicated that the delay incurred because of this public hearin~ has added $20,547; to delay the demolition for an additional period of time could cost an additional 155,464; and to delay the demolition for an extended period of time that requires demobilization and remobilization could increase the cost by $122,168.00. Other potential added costs could be incurred through rental expenses, the costs of training new personnel, and loss of the current disposal site. Furthermore, delays in the demolition of the depot, remediation of the site and construction of the new building could result in negative impacts on three grant applications for the library project. Responding to Commissioner Hietala, Mr. Gutzman stated that the existing depot is not in pristine form, and the initial costs of preserving it were estimated at $300,000. He noted that when this figure is balanced against the library budget, it seems the cost outweighs the benefit. He indicated that the Board had initially hoped to incorporate a major portion of the depot into the design of the new library building, but found that did not make sense; and it now appears palletizing the bricks and restoring the building in its historic context makes more sense. 08-04-03 ------- --------- --------------------------------- - 13 - Ms. Rachel Wallace, President of the Missouri Headwaters Preservation Trust, stated that she attended the meeting on July 9, at which she asked for postponement of the proposed demolition to give the Trust time to find funding to move the depot to another location on the library property or elsewhere. At that time, she was told the demolition was scheduled to begin on July 14, but also learned no request for demolition had yet been submitted. She stressed the importance of recognizing the historic process and the economic contributions that can result from long-term preservation efforts. She suggested that historic preservation and libraries both enhance the community and should not be opposed to each other. She noted that somewhere between July 2000 and May 2003, it seems the underlying philosophy of constructing a library building responsive to the context and history of the site has given way to other ideas. She asked that the Trust be given an opportunity to preserve the depot and make it a stable part of the community, either on this site or at another location. She indicated that if the railroad is unable to provide funding assistance with the project, the Trust has two other parties in the wings who are willing to assist. Mr. Don Kreitz, 2001 Fairway Drive, stated he has been lukewarm on the issue of a new library, particularly after walking the site and observing the dilapidated and abandoned depot. He noted, however, the recent discussions suggest all is not well with this project. Ms. Julia Bruner, 114 Hitching Post Road, noted she is a user of the library. She has found there have been opportunities for community comment on various aspects of the library project, and she would be disappointed if the project were delayed now for a broken down building. She noted that a much better looking railroad station exists on Front Street. Ms. Joanne Mannell Noel, member of the Design Review Board, highlighted some of the information in her letter dated July 26, which was included in the Commissioners' packets. She forwarded her position that a site plan must be reviewed and approved before an application for demolition can be accepted and considered. She questioned why this section of the zone code is completely ignored and why this project has been approved when it hasn't gone through formal channels. She further questioned how demolition of the building could have been approved as part of the remediation project, particularly when it violates the code. She urged the Commission to table dismantling of the depot until the project has gone through the complete review process. She concluded by stating Bozeman's identity is at stake, noting it needs landmarks or it will simply become Anywhere, USA. Mr. Joe Frost, 1816 South Rouse Avenue, cited other historic buildings that have been removed from East Main Street, including a tire shop and a filling station, and noted that the depot could now be removed from the community's history. He suggested that the community be given time to determine what could be done with the depot, particularly since the railroad is part of Bozeman's story. He noted that he voted for the bond issue for the library, but did not anticipate giving up an historic building for it. Mr. Ralph Johnson, 412 South 6th Avenue, noted he has been a practicing architect for over thirty years and has worked on projects from small additions on single-family residences to a $600 million airport. He has found the client can never afford what he or she wants. He urged the City, as a public entity, to give members of the public an opportunity to preserve the historic depot by imposing a two-year delay. He noted it is ironic the entity which is charged with acting as the archive for the community may house only a photograph of the historic building that was removed so it could be constructed. He concluded by urging the Commission to consider the cultural and social costs to the community in conjunction with the economic realities. Mr. Brian Close, 406 East Olive Street, stated he is a strong supporter of the library. He encouraged the Commission to delay demolition of the depot, noting that the costs of preserving it are minimal when spread over twenty years. He concluded by noting that, while he is not a big fan of mediation, he feels this is an instance where it would work. Mr. Jon Gerster, 719 North Wallace Avenue, indicated he is in favor of preserving historic buildings where they lie, noting that once they are torn down, they are gone forever. He stated that the vote on the library bond issue reflects community good will, but questioned what the vote would have been if people had known the depot would be sacrificed. He suggested that the community can have both and asked that the public be given time to find a solution. He noted the Library does not have a site plan and is not ready to start construction. He concluded by stating that, as a member of the Historic Preservation Advisory Board, he was excited by the idea of incorporating the depot into the new library; but it seems that focus has now been lost. 08-04-03 ___._..._ ..m._._.. - 14 - Mr. Ed McCrone, 2150 Story Mill Road, noted it is easy to say one wants to preserve historic buildings and quite another to make it happen. He noted that preserving history is very important to him; and he feels the old depot should be preserved, although he sees limitations and problems. He then indicated that the Old Story Mill is located on a spur of the Milwaukee railroad track and suggested that, if the depot is to be moved off site, he could provide a foundation for it. He concluded by recognizing it would be preferable to retain the depot on site and encouraged the Commission to not take action at this time. Mr. Richard Shanahan, 2475 Rugby Court, stated he is a proponent of the library. He noted that he serves on the Historic Preservation Advisory Board and saw two presentations on the depot. At the first meeting, he made the statement that the depot needs to be preserved, but he recognized the design process would incur problems and that budget would be an issue. He noted the size of the new library has grown, and suggested the Board should tell the community where it is on fundraising. He noted that, as a citizen, he fails to see why even one brick needs to be taken down before a building permit is issued for the new library building. In the meantime, if efforts to relocate the building fail, then they fail and the bricks are palletized. He concluded by noting the Opera House was recorded and its arch palletized; and "we know where that is." Mr. Chris Nixon, 719 North Wallace Avenue, spoke on behalf of the historic structure, noting it tells the history of the community forefathers. He characterized this as a significant element on Main Street that has been sorely neglected and not celebrated. He noted that discussion at three Library Board meetings he attended revolved around wanting to save the depot, and he now feels sideswiped by this proposal to dismantle the building into a pile of bricks. He asked that demolition of the building be delayed for two years, and encouraged the Library Board to think bigger and find a way to retain history that can be touched, and not just something to read about. Ms. Laurie Simms, 319 South Grand Avenue, stated that in an ideal world, all historic structures would be saved. She noted, however, it is important to establish historic priorities and to use the community resources to save them, rather than splintering preservation efforts to save everything. Mr. Ron Farmer, 3030 Prairie Smoke Road, stated he was serving on the Library Board of Trustees when the City acquired the CMC property. At that time, the Board held a charette where efforts were made to incorporate the footprint of the depot into the design of the new library, but it always came out as an appendage and not something that fit into the new building well. Leaving the design to the professionals did not result in any better design that included the depot, so the next step was to consider its relocation. He characterized the depot as a "burned out shell of bricks," and encouraged the Commissioners to put practicality ahead of feelings. Mr. Rich Noonan, Secretary of the Missouri Headwaters Preservation Trust, asked the Commission to table action on this item because he feels an approved plan must be in place before it can be considered. He noted that in December 2002, the Historic Preservation Advisory Board advised the Library Board to incorporate the depot into the design; but that has not happened to date. He voiced his serious concerns about the process and the fact that the depot has not been listed on the National Register of Historic Places. He asked that the community be given an opportunity to save the structure, not just a token two weeks. Mr. Jim Webster, member of the Historic Preservation Advisory Board, stated that when Barb Paul, Regional Director from Denver, was in Bozeman in March, the Board took her to see the depot site; and her conclusion was "don't go to the mat on this one." He acknowledged that it would be nice to save every building, but it is important to realize that is not possible. He stated that, in this instance, it is important to weigh the benefits of a new library and the benefits of saving the depot; and he finds the library takes it. Mr. Scott Carpenter, Overland Partners, stated he is an advocate of historic preservation, noting that the depot is encountering "demolition through neglect," a process of decay in which the depot is the victim. In this instance, he stated the community as a whole must take the blame, as the depot has been allowed to exist in decades of neglect and is now almost to the point of being difficult to salvage. In light of other priorities, he suggested it would take too many resources to restore it. He concluded by stating that the Library Board has acted in good faith and in a responsible manner, and encouraged the Commission to approve this application. Mr. Mark Johnson, Resource Technologies, Inc., noted that the depot was used as a place for breaking batteries at one time, and to delay work on the depot means the site cannot be fully remediated but will have a halo around the building that cannot be addressed effectively. He stated that once it became 08-04-03 _n........_._ ....._..._ .....---- - 15 - clear the architect and the Library Board had made the determination to move the depot, it was determined the most effective way to provide remediation of the entire site would be to dismantle the depot as part of the overall project; and it was included in the contract documents as a result of that analysis. He indicated that, because of its current state of disrepair, the contractor will not let his people around the building. Break ~ 10:35 to 10:45 p.m. Mayor Kirchhoff declared a break from 10:35 p.m. to 10:45 p.m., in accordance with Commission policy. Public hearina (continued) ~ sketch plan with Certificate of Appropriateness ~ allow applicant to disassemble the Milwaukee Railroad depot located on portions of Block C. Rouse's Addition: portions of Blocks B. C. E and F. Rouse's Second Addition: portions of East Babcock Street. East Olive Street and East Curtiss Street Ivina between the east line of South Wallace Avenue and South Ida Avenue. and portions of South Ida Avenue Ivina between the south line of East Main Street and the south line of East Curtiss Street. salvage the exterior architectural features of the structure. palletize the veneer bricks for future reconstruction of the depot. demolish the remainder of the structure. and remove site debris ~ City of Bozeman Public Library (south side of East Main Street. west of Lindlev Park) (Z~03180) Historic Preservation Planner Hillary Hertler confirmed that the Design Review Board's recommendation was forwarded on a 4-2 vote. She then recommended that, if the Commission chooses to approve this application, it add a condition to require that, if the depot is to be dismantled, a site be specifically identified so that everyone knows where the reconstruction will occur. Responding to Mayor Kirchhoff, the Historic Preservation Planner stated that, unless the depot remains where it is, it will lose its historic integrity. She noted the Secretary of the Interior recommends preservation over moving, and never recommends demolition. She stated that the Library Board approached the Historic Preservation Advisory Board in November and was asked to keep the depot in its present location if possible; and in June the Library Board indicated that was not possible and that the structure needed to be dismantled and palletized. She indicated that the Historic Preservation Advisory Board is to be the keeper of the bricks until reconstruction. Mr. Mark Hedley, Overland Partners, stated that public input has been integrated into the library design process, which has extended the project. He stressed the number of informational sources that have been used to disseminate information regarding the library project and the number of meetings with City staff and boards throughout the process. He stated the depot lies in a floodplain and must be raised four feet, so it cannot be incorporated into the library project where it presently sits. To take the depot off its current foundation and create a new foundation upon which to place it would be extremely expensive, plus the building would need significant internal structure improvements to meet seismic requirements. He cautioned that if demolition of the depot is delayed any further, the two options to address the costs would be to increase the budget for the library project or reduce the amenities; and the Library Board is already wrestling with reducing the amount of shelving for the facility. He noted that during this past weekend, a model of the new library was on display in conjunction with the Sweet Pea festivities and, when people were presented with the costs of incorporating the depot into the project versus the costs of dismantling and rebuilding the structure, they were supportive of the project as proposed. He indicated that the fundraising arm of the project is committed to breaking ground in April, and delaying dismantling of the depot could affect that schedule. Responding to Mayor Kirchhoff, Mr. Noonan asked that the Missouri Headwaters Preservation Trust be given four months after approval of the plans for the new library to move the depot to a site along the railroad, after which library building excavation could begin. Responding to questions from Mayor Kirchhoff, Mr. Mark Johnson stated that the contractor constructed his bid to include work on dismantling the depot at the same time as other projects were occurring on site; and delay in that dismantling is resulting in people being idle. He indicated that they are currently in Week 4 of the project, and he anticipates it will be completed by mid-September. He noted that the company has brought in more trucks to haul materials from the site, but the people brought in to dismantle the depot are still not doing the work they are here for. 08-04-03 --- --.---.----- -----.----. ------.-- - 16 - Responding to Commissioner Youngman, Mr. Mark Johnson indicated that moving the depot rather than dismantling it would result in additional requirements for which cost estimates have not been calculated; and it would further complicate remediation issues. Responding to Commissioner Youngman, Library Board members and staff reviewed the three grants that were previously mentioned. NorthWestern Energy has agreed to give the Library a $300,000 grant with the stipulation that the construction documents for the Library be completed by January 2004 and that the energy sourcing items for which they are providing funding be installed at the new library by Calendar Year 2005. The Paul Allen Foundation grant is in the amount of $250,000, and is contingent upon completion of the Library by December 2005. The HUD grant, for which the Library is currently applying, is also to be based on breaking ground next year with completion in 2005. Mayor Kirchhoff recognized the compelling arguments that have been forwarded on each side of the issue, and suggested a delay in the decision-making process could be beneficial. Commissioner Youngman stressed the importance of recognizing that a whole lot of people have involvement in this process and in this issue. She then suggested the Library needs to provide some time calculations to ensure the deadlines for the grants are met and asked for the total pledges to date. She noted that railroad monies may be available for the depot project, which could reduce some of the costs. Commissioner Brown stated he is convinced any delay will add to the costs of the project and any significant delay might put the site where the depot is in jeopardy. He indicated that he is prepared to move forward with the decision at this time, noting he supports the application. Commissioner Hietala stated he feels that he is being blackmailed, particularly with the short timeline to consider alternatives. He feels, however, it is appropriate to take action, noting he would like to leave other options open as well. Commissioner Cetraro stated he supports the application, noting he would like to see the depot reconstructed as a visible feature in the community. Responding to Mayor Kirchhoff, Commissioner Brown indicated he is opposed to requiring identification of a new site for the depot, and feels that is an issue more appropriately addressed by the Library Board of Directors. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Commissioner Youngman stated she agrees with the testimony given tonight, noting all of the points raised were valid. She noted it is important to encourage rebuilding of the depot, rather than letting it become another Opera House arch. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the sketch plan with Certificate of Appropriateness requested by the City of Bozeman Public Library under Application No. Z-03180, to allow disassembling of the Milwaukee Railroad depot located on portions of Block C, Rouse's Addition; portions of Blocks B, C, E and F, Rouse's Second Addition; portions of East Babcock Street, East Olive Street and East Curtiss Street lying between the east line of South Wallace Avenue and South Ida Avenue, and portions of South Ida Avenue lying between the south line of East Main Street and the south line of East Curtiss Street; salvaging of the exterior architectural features of the structure, palletizing the veneer bricks for future reconstruction of the depot, demolishing the remainder of the structure, and removing the site debris, be approved subject to the following conditions: 1. All veneer bricks shall be salvaged and palletized. 2. A cross section of materials, such as wood, metal fascia, and mortar shall also be salvaged to be analyzed later for reconstruction purposes. 3. An informational historic plaque on the Milwaukee Depot shall be erected on site to educate the public on the history of the site and Milwaukee Depot. 4. The Bozeman Historic Preservation Advisory Board will become stewards of the palletized bricks. 08-04-03 - 17 - 5. Photos and "as built" documentation shall be completed (as per meeting with Jerry Bancroft on June 3, 2003) of the depot. A copy will be supplied to the State Historic Preservation Office. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Library Board of Trustees designate a location on the subject site for potential reconstruction of the depot, preferably along the former railroad line. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Public comment (1 ) Ms. Maggie Harrison, 313 North 23rd Avenue, noted she lives on one of four streets that received ballots on the installation of speed humps. She expressed concern that, as a result of that balloting, speed humps are to be installed on North 20th Avenue and North 22nd Avenue, but not North 21 st Avenue and North 23rd Avenue. Her neighbors have talked to her about the possibility of changing their votes, and they need only four more votes to meet the required 70 percent majority. She indicated that, if the City could accept a new petition, she would be willing to carry it around the neighborhood. City Manager Johnson stated that, from staff's point of view, additional support can be accepted until the contract is awarded. Responding to Commissioner Youngman, Director of Public Service Debbie Arkell stated that the petition may be submitted at City Hall until the end of this week. (2) Mr. Thomas Mosser, 122 West Main Street, stated that last week he received some of the information he had requested, and raised some questions resulting from reviewofthat information, including whether the City Manager had the authority to commit the City to purchase the Armory. He noted that he also met with representatives from DNRC regarding the Bozeman Armory, voicing concern that the small questions he had may lead to big issues. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Letter from Karin Ludeman, 1383 Cobb Hill Road, dated July 30, expressing concern about traffic on Huffine Lane. (2) Invitation to visit the NASA@your library display at the Bozeman Public Library during August, along with a listing of various activities during the month. (3) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, August 5, at the school in West Yellowstone. (4) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, August 5, at the Professional Building. (5) Agenda for the City Planning Board meeting to be held at 7:00 p.m., and its joint meeting with the Zoning Commission which follows immediately, on Tuesday, August 5, in the Commission Room. (6) City Manager Johnson noted that a draft Request for Proposals was distributed in the Commissioners' packets a few weeks ago and will be placed on next week's agenda for action. He asked that Commissioner input be forwarded to Assistant City Manager Brey by Wednesday so it can be incorporated into the document considered at the meeting. 08-04-03 _n_...__......____ .-..--.....---.....-....... - 18 - (7) City Manager Johnson stated the Friends of Gallatin Forest are seeking Commission support for a travel policy that allows wilderness lands to remain intact and asked if three Commissioners are interested in having this item placed on next week's agenda; three of the Commissioners indicated an interest in considering the request. (8) The City Manager announced that he will be absent from at least the afternoon portion of next week's meeting, and possibly the evening session as well. (9) City Attorney Luwe noted that a copy of his correspondence to Mr. Mosser was in the Commissioners' mailboxes; and Mr. Mosser did respond to that letter by stopping by the Clerk of the Commission's office to pick up the information that had been gathered to date in response to his request for public records relating to Mr. Clotfelter's proposal. (10) Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff thanked Director of Public Service Debbie Arkell for organizing work on the Sweet Pea parade float. Adiournment - 11 :49 c.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hietala, seconded by Commissioner Brown, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. ~~~ ....... ~- STEVEN . KI C .. FF, Mayor ATTEST: ~J~ R IN L. SULLIVAN Clerk of the Commission 08-04-03 ..----