HomeMy WebLinkAbout2008-02-25 Regular Meeting MinutesLINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
February 25, 2008
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The Commission of the City of Bozeman met in the Community Room, Gallatin County
Courthouse, 311 West Main Street, on Monday, February 25, 2008 at 6:00 p.m. Present were
Mayor Kaaren Jacobson, Cr. Sean Becker, Cr. Eric Bryson, Cr. Jeff Krauss, Cr. Jeff Rupp, City
Manager Chris Kukulski, Planning Director Andy Epple, Neighborhood Coordinator and
Assistant to the City Manager Brit Fontenot, City Attorney Paul Luwe, and Deputy City Clerk
Cynthia Jordan Delaney.
0:07:57 A. Call to Order - G p.m. -Community Room, Gallatin County Courthouse, 31 I
West Main Street
Mayor Jacobson called the meeting to order.
0:07:59 B. Pledge of Allegiance and a Moment of Silence
0:08:42 C. Public Service Announcement - The Veterans Memorial (Don Derby,
President of Friends of the Sunset Hill Cemetery Veterans Memorial Fund, Veterans'
Representative on the Cemetery Advisory Board)
0:08:50 Don Derby
Mr. Derby offered an update about the Vietnam Veterans Memorial Wall, and thanked the
hundreds of businesses and individuals who have donated over $70,000, as well as over $30,000
in materials and equipment. He stated that the dedication will be on May 24 at 2:00 p.m. They
have enough money to finish this project and start an all veterans wall.
0:13:41 D. Minutes -December 17, 2007, January 14, 2008, and January 25, 2008 Joint
City-County Meeting
0:13:44 Motion and Vote approval for December 17, January 14, 2008, January 25, 2008.
It was _moved by Cr. Becker, seconded by Cr.~Rupp, aauroval for ,December 17, January
14, 2008, January„2S, 2008.
Those votin Ave being Crs. Becker Ru B n Kr
r _ ._.g,_ nn, rysa,,,,,,,,.,.,,,,,.,,,,,,,suss, and Mayar,,Jacobson.
Those voting No being Wane.
The motion carried S-0.
0:14:13 Chris Kukulski, City Manager -Changes to the Agenda
Mr. Kukulski asked to remove item E. 12.: Approve Resolution No. 4097, Establishing a Fee
Schedule far Reservation of Story Mansion Grounds Far Group Activities (Dingman). He asked
that it be moved to a future agenda when staff members can be present to answer questions.
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L3ozenaan City Conrrraission A9eetirag, .F'ehr'uur~~ 25, 200
0:14:47 E, Consent
1. Authorize Payment of Claims (LaMeres)
2. Autharize City Manager to sign the Contract with Protection Tech for Forking
Control Equipment for the Downtown Bozeman Intermodal Facility (Goehrung)
3. Authorize City Manager to sign the Standard Form of Agreement between the
City of Bozernan and Martel Construction for Fire Station #3 and the County 911
Center (Goehrung)
4. Authorize City Manager to sign a Professional Services Contract with National
Research Center, Inc. (Fontenot)
5. Autharize City Manager to sign the Drainage Easement and the Release and
Reconveyance of Easement for Highgate House (Murray)
6. Authorize City Manager to sign a Sewer and Water Pipeline and Access Easement
and Agreement for the Cattail Lofts Development (Heaston)
7. Authorize Mayor to sign the Findings of Fact and Order for the Preliminary Plat
of Eastlake Minor Subdivision (Windemaker)
8. Authorize Mayor to sign a Letter to the Gallatin County Commission regarding
the Law & Justice Center Site (Tymrak)
9. Authorize Payment for the Buttrey's Solvent Site Cost Recovery (Luwe)
10. Approve cancelling the previously scheduled Special Policy Meeting an
Wednesday, February 27, 2008 from 12:00-1:30 p.m. (Ulrnen)
11. Approve Resolution No. 4096, Setting the City's Priority List for Federal Funding
Assistance (Kukulski)
12. Approve Resolution No. 4097, Establishing a Fee Schedule for Reservation of
Story Mansion Grounds for Group Activities (Dingman) REMOVED FROM
AGENDA
13. Finally adopt Ordinance No. 1739, Cahill Tracts 4 & 5 Zone Map Amendment
#Z-07163 (Knight)
0:14:49 Public Comment opened.
Mayor Jacobson opened public comment.
0: ] 5:11 Brian Leland -Public Comment
Mr. Leland, of 528 North Bozeman, commented about Consent item 8, purchasing lzve acres
from the Law and Justice Center site for a new police station. He stated that when comparing the
taxable values of the County and the City, the City already owns 35% of that complex, land and
buildings. He doesn't think the City should have to pay anything for it. Back in 1992 the City
paid a huge lease payment for the Police Dept. We're still not done with that agreement.
0:16:50 Public Comment closed.
Mayor Jacobson closed public comment.
0:17:15 Motion and Vote approve of Consent items E, 1-11 and #13,
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Boaerraara City Cnnaraais•sior~ A9eelirag, Fehr°uurv 25, 2008
It was moved b Cr. Ru seconded b Cr. B son a rove of Consent items E, 1-11 and
#13.
Those voting Ayc being Crs. Rupp, Bryson, Krauss, Becker, and Mavor Jacobson
Those voting No being none.
The motion carried 5-0.
0:17:34 F. Public Comment
Mayor Jacobson opened and closed public comment. No person commented.
0:18:16 G. Mayoral Proclamation -Peace Corps Week: February 25-March 3, 200$
Mayor Jacobson read the Mayoral Proclamation for Peace Corps Week.
0:20:35 H. Special Presentation -State of the Neighborhoods Address (Bozeman Inter-
Neighborhood Council)
0:20:37 Brit Fontenot, Neighborhaod Coordinator and Assistant to City Manager
Mr. Fontenot introduced the second annual State of the Neighborhoods Address, to be given by
members and representatives of neighborhood associations. The state of the neighborhoods is
strong, and the outlook is positive, especially with the new Neighborhaod Recognition
Ordinance and the operational bylaws that provide a clear mission and vision. He also gave a few
examples of neighborhood challenges.
0:22:36 Dana Huschle, INC Chair and Chair of New Hyalite View Neighborhood Association
Mr. Huschle stated that the Inter-Neighborhood Council is very glad to be official now. He
summarized the mission statement and vision statement, as well as describing INC's monthly
meetings and accomplishments.
0:24:24 Bill VandenBos, Chair of Marwyn-Lindley Neighborhood Association and INC Vice
Chair
Mr. VandenBos detailed the accomplishments, meetings, events, interests, obstacles, and
partnerships of the Marwyn-Lindley Neighborhood Association with its 65 residents.
0:28:42 Tom Noble, President of North East Neighborhood Association (NENA)
Mr. Noble detailed the accomplishments, meetings, events, interests, obstacles, and partnerships
of NENA with its approximately 850 households.
0:34:11 Dana Huschle, Chair afNew Hyalite View Neighborhood Association
Mr. Huschle detailed the accomplishments, meetings, events, interests, obstacles, and
partnerships of the New Hyalite View Neighborhood Association with its approximately 290
residences.
0:36:36 Paul Schirmir, South Central Association of Neighbors (SCAN)
Mr. Schirmir detailed the accomplishments, meetings, events, interests, obstacles, and
partnerships of SCAN with its approximately 500 households (with expanded boundaries).
Bn~en7pn C~'ity C'on7nar.rr)rn7 /~9BLlN7~,', F~hl•7ra)y Z5, Z008
0:40:47 Bob Wall, Secretary of South last Neighborhood Association (SENA)
Mr. Wall detailed the accomplishments, meetings, events, interests, obstacles, and partnerships
of SENA with its approximately 165 households.
0:44:17 Mr. Fontenot, on behalf of the Bozeman Creek Neighborhood Association (BCNA)
Mr. Fontenot detailed the accomplishments, meetings, events, interests, obstacles, and
partnerships of BCNA with its approximately 800 households.
0:47:02 Catherine Byrd, Acting President of Cascade Association of Neighbors (CAN)
Ms. Byrd detailed the accomplishments, meetings, events, interests, obstacles, and partnerships
of CAN with its 535 residences.
O:SO:26 Mr. Fontenot
Mr. Fontenot concluded the presentation by thanking the neighborhood volunteers for their care,
time, and efforts on behalf of the neighborhoods and the INC to make this community a better
place.
0:51:30 I. Action Items
0:51;321. Greek Way Apartments Site Plan #Z-07270, opened and continued from
February 11, 2008 (Krueger)
0:51:40 Public Comment
Mayor Jacobson opened and closed public comment. No person commented.
0:51:54 Motion to continue until March 1.7,
It was moved b Cr. B son seconded b Cr. Becker to continue until March 17.
0:52:36 Cr. Rupp
Cr. Rupp stated that he isn't going to vote for this. He is ready to make his decision now and was
ready a week ago.
0:53:34 Vote to continue until March 17,
It was moved b Cr. B son seconded b Cr. Becker to continue until March 17.
ose voting __ye eing rs. Bry„
son. Kranss,,Becker, and„Mavor Jacobson.
Those votin No bein Cr. Ru
The motion carried 4-1.
0:53:51 2. The Willson/Bozeman Armory Site Plan and Certificate of Appropriateness
with Deviations #Z-07278 (Bristor)
0:54:05 Allyson Bristor, Historic Preservation Planner
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[3n~e~~tur7 City Conami.r.rin~~ A9eetinK, Fehr°unry 25, ZDO~
Ms. Bristor presented the staff report. She stated that the building is individually listed on the
National Register of Historic Places. The Planning staff recommendation is to deny the
demolition request and to invoke a two year stay on the issuance of demolition permits to discuss
alternatives. If the City Commission wants to approve the demolition, there are additional
conditions of approval to consider: a 150% cash financial guarantee far the demolition, a historic
survey and inventory of a potential National Registry building, a cash contribution far the City's
Montana Historical and Architectural Inventory update, and/or Design Review Board review
prior to Final Site Plan approval.
1:14:20 Ron Slade, Applicant
Mr. Slade, of Bechtle-Slade Architects and Planners, handed out information to the Commission
and said that Bechtle-Slade has been working on this for 2 1 /2 years. He stated that Fred Willson
is not the architect of record. The Armory has a failing roof, asbestos, graffiti, and urination
inside, and there is no use in the mechanical electrical systems; it is not economically feasible.
He said there is nothing they could do to satisfy Historic Freservation staff. He detailed the
current plan to build the new building with green building practices.
1:45:26 Public Comment opened.
Mayor Jacobson opened public comment and asked those commenting to form a line.
] :46:00 Richard Brown -Public Comment
Mr. Brown, of 507 West Babcock, is against the destruction of the Armory. During his
childhood, Bozeman lost many historic buildings. He read Chris Naumann's letter and said that if
the Armory is di]apidated, you could apply that same rule to almost all buildings in the historic
district. He said it won't benefit the public, and will take down one of seven Art Deco buildings
in town.
l :49:38 John Belshaw -Public Comment
Mr. Belshaw, of 45 Gardner Park Drive, feels very strongly about the future of the community
and downtown. Our downtown is a gem. He is tired of hearing this is an Art Deco building; this
a concrete fortress with a hint of Art Deco. He was Frustrated when he heard the history of the
Planning Board with this project. A ]ay person can see there is a great deal of difference in
design between this and other armories.
1:52;39 Larry Bowman -Public Comment
Mr. Bowman, of 36 Bast Main, a downtown business owner, encouraged the Commission's
support of this project. We need investment in downtown Bozeman to help it compete with the
North 19th development. Downtowns are fragile and need to be kept economically viable. This
project will attract people downtown; he doesn't think the Armory will ever be a financial asset
to downtown. We don't need another two years of an empty building downtown.
1:54:45 Ray Sikorski on behalf ofAnne Sherwood -Public, Comment
Mr. Sikorski, of 1510 South Grand, read a published letter written by Anne Sherwood, of 607
South 7th, who is out of town: "If we tear down the Armory, we are removing another icon of
our past.... If we're tearing down buildings because of asbestos and lead paint, you can say
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Bo~e111u1~ Cif~~ C"07771171557017 1~7L'L'liii~, Fehrttuty ?5, ~OOb'
goodbye to most of downtown Bozeman. .Tearing down the Armory is unpatriotic,
unimaginative, and bad for the environment."
1:56:57 Kelly Livingston -Public Comment
Ms. Livingston, of 1111 South 3rd Avenue, apposes the demolition. It's a sound building that
could be used in many beneficial ways if we could determine the right use. We owe it to our
veterans, children, environment, and citizens to preserve our City's historic architecture. Why
would we destroy a significant historic building when there are other alternatives? Let's preserve
history and not be a wasteful culture.
1:59:32 McPan Quinn -Public Comment
Ms. Quinn, representing Place Architecture at 118 East Main Street, urged the Commission to
follow the recommendation of the Planning staff and the Design Review Board to allow for a
two year stay on the demolition of the Armory. The vitality of the downtown district is
dependent on its rich history. The historic significance of the Armory far outweighs the
significance of the proposed building.
2:01:49 Leslie Gilmore -Public Comment
Ms. Gilmore, of 180 North Low Bench Road in Gallatin Gateway, wants to save the Armory.
She addressed misconceptions about what historic preservation really is and said facade-ism isn't
an acceptable form of preservation. She raised issues about brick, ceiling heights, soffits,
exposed duct work, a different mechanical systems, LEED Certification, and thought the
developer owes due diligence.
2:03:53 Chris Wilcox -Public Comment
Mr. Wilcox, of 1120 South Willson, said he is tarn right now because it looks grandiose, but he
believes the Armory should stay right where it is. He suggested tabling the discussion to get
some time. If you take down one icon, the rest will go. He asked for a resounding 5-0 vote of no
from the Commission, or to table this item.
2:04:5 8 Blake Maxwell -Public Comment
Mr. Maxwell, of ] 6 West Peach Street, stated that this is a tough decision that will be
remembered by the citizens and by the Commission. That argument about economic stimulus or
tax revenue isn't accurate. It has been proven that historic preservation and economic opportunity
go hand in hand. The highest costs per square foot are found in Bowman's historic conservation
overlay. Feople want to live in the heart of Bozeman where history is.
2:06:55 James Donaldson -Public Comment
Mr. Donaldson, who is homeless in Bozeman, stated that it sounds like the Armory is a solid
building. He doesn't understand why the Commission wants to destroy a building that could be
used for a bomb shelter. He submitted paperwork about the homeless into the record.
2:07:39 Public Comment closed.
Mayor Jacobson closed public comment.
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Bo~en~a» Cin~ ("nna~nissin~~ A9eetir~g, Fehrt~ai_v 7S, ?008
2:08:08 Mr. Slade, Applicant Rebuttal
Mr. Slade reminded the Commission that this project was said to our clients by the City, with a
buy-sell that clearly states far private redevelopment. He stated that our clients were evaluating
what to do for 3 I /2 years before our involvement. Years, fees, and an enormous amount of
goodwill were put forth to come up with a solution that would be acceptable to Planning staff,
but it wasn't acceptable.
2:19:26 Cr. Rupp
Cr. Rupp asked Mr. Slade about what happens if he votes tonight to wait for two years. What
will they do in that two year time frame?
2:19:47 Mr. Slade
Mr. Slade stated that they will either sell the building because after flue years their clients no
longer have the financial wherewithal. They don't have two mare years to speculate about what
this building might be capable of. Financially it doesn't make sense any longer.
2:21:12 Cr. Bryson
Cr. Bryson verified with Mr. Slade that you are now telling us that you don't believe there is any
possible adaptive reuse, based an you representing the current owners of this building. You have
come to the conclusion after some analysis that you don't think you can use any part of this
building.
2:21:48 Mr. Slade
Mr. Slade responded that that is correct.
2:21:55 Mayor Jacobson
Mayor Jacobson suggested to Mr. Slade that should the building be demolished, if the wood
floor is in good condition, that you remove the floor and save it so it could be used somewhere
else.
2:22:38 Mr. Slade
Mr. Slade responded that certainly we would be more than willing to do that.
2:30:31 Cr. Bryson
Cr. Bryson stated that now we're back for the third bite at the historic preservation apple. After
we've bought it and sold it, now it seems strange that we're telling a private owner to do what we
didn't da either in the transaction for us to purchase or sell the building.
2:3].:20 Mr. Kukulski
Mr. Kukulski stated that this sale was done in the format of an advertised, normal sealed bid
process, and only one sealed bid was submitted.
2:33:43 Mayor Jacobson '
Mayor Jacobson recognized that the Planning staff would like a chance to rebut.
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Bozeratpn C~i11~ Corraraais.rinrr A~eelirag, Fehr'uary 25, 2008
2:33:48 Andy Epple, Planning Director -Staff Rebuttal
Mr. Epple stated that the Flanning staffs view is that there is the potential to add a couple of
floors to this building. They could be beautiful, green floors with the kinds of amenities that Mr.
Slade provided, on the existing building. That could provide the vibrancy and vitality for
downtown that everyone is seeking. It's about a beautiful rehabilitated building.
2:34:46 Mr. Kukulski
Mr. Kukulski stated that we are at a disadvantage because the Unified Development Ordinance
and 2020 Plan don't get deeply into the issue of economic development. In effect there has
already been more than a two year stay. He thinks this is an exceptionally exciting project for
downtown. The economic viability needs to be balanced with the needs of downtown and
historic preservation rules, especially with the millions of square feet of development on North
19th and West Main.
2:38:07 Mayor Jacobson
Mayor Jacobsan declared a ten minute break.
2:38:30 Break
2:51:26 Call to Order
Mayor Jacobson called the meeting back to order.
2:51:30 Mayor Jacobson
Major Jacobson clarified that Leslie Gilmore was representing herself as a citizen during public
comment, and not as a representative of the firm CTA. She stated that Courtney Kramer,
Planner, will come forward for a staff rebuttal that is important to her.
2:52:11 Courtney Kramer, Planner -Staff Rebuttal
Ms. Kramer clarified that Planning staff and the Bozeman Histaric Preservation Advisory Board
didn't cross paths in their intent for preservation of the full building. The first paragraph of the
letter she drafted to Bechtle-Slade in September 2007 (after the BHPAB did the Informal) stated
that BHPAB would have a very, very difficult time with the demolition of that building. The
BHPAB saw that afacade-ectomy would be the last and worst case scenario.
2:53:45 Cr. Krauss
Cr. Krauss talked about the history behind the Armory bid and sale; he chaired the meeting to
open the sealed bids and sell the Armory. He stated that the Armory was surplussed out by the
state; we bought it to be torn down and replaced by a performing arts center; we sold it fox that;
we consciously didn't put any stipulations or deed restrictions on the property, knowing that
would reduce the value of the bid; we got the full amount at the time of the bid (one bidder).
2:57:31 Cr. Krauss
Cr. Krauss answered Mayor Jacobson that he didn't think the BHPAB was involved in these
discussions. He stated that many people (even those who now oppose the demolition) didn't want
to see anything stand in the way of the performing arts center.
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Ba_en7un C'it>> Con~naissinr7 MecainK, Fehrrrury ~5, ~ 008
2:58:13 Cr. Krauss' Findings
Before his motion, Cr. Krauss wanted io make these findings for the record: he is persuaded by
factors cited by the applicant that there isn't a viable economic life remaining. The factors show
that it is not suitable as a commercial building.
3:02:43 Cr. Rupp
Cr. Rupp wanted to include in the motion imposing a condition helping the City financially with
our inventory of historic properties.
3:03:28 Motion to approve the WillsonBozeman Armory Site Plan and Certificate of
Appropriateness with Deviations Z-0727$ with Mitigation Strategy A included, which is the
one that requires the cash financial guarantee fnr the demolition. To follow up on that, in
the Conditions of Approval (#1) on 26, it has "Prior to the issuance of any demolition or
building permit, the applicant shall be required to perform a HABS/HAER Level II of
documentation of the historic Bozeman Brewery Armory." and I'm hoping that's just the
Bozeman Armory. That condition stays with just that modification.
It was moved by Cr. Krauss, seconded by Cr,; Becker, to ap,„prove the WillsonBozeman
Armory Site Plan and Certificate ,of Appropriateness with_ Deviations ,,Z-07278 with
Mitt ation Strate A mclu his the one tha„., he c.„
_ _ ~_ gy ded whit , t reau~res t ash financial „guarantee
for the .demolition. To follow up on that,,i,_ ,_„itions of Approval (#1) on 26, it has
---- _ _ , n the Cond,,,_~„
Prior to the issuance of an demolition or b„
::..__._'... __ . y , ,uilding permit,_the applicant shall be reauired
to perform a HABS/HAER Level II of documentation of ,the historic Bozeman Brewery
Armory." and I'm hoping that's Xust the Bozeman Armory. That condition stays with lust
that modification.
3:05:17 Cr. Krauss
Cr. Krauss stated that he has to look at what downtown needs now and in the future: to widen
north and south, a newer tone to Mendenhall and Babcock. This building sets a tone for that.
Thai doesn't mean turning our backs on our past. He encourages this as an alternative to North
19th.
3:12:Ob Cr. Bryson
Cr. Bryson stated that the applicant did the absolute bare minimum to conform with the
requirements to redevelop an historic building and to convince him that there is pat viability left
in this building. There should be hurdles for an applicant that wants to tear down an historic
building. He said the fine balance is adaptive reuse and economic viability for downtown. He's
willing to accept the project as it is now.
3:14:19 Cr. Becker
Cr. Becker stated that in order to sustain our community protections have to be in place. Those
hurdles are good. He said we've had a four year stay already. It's unlikely to be developed at all
in the next two years. To say we want to protect the building that will destroy the building; it is
being degraded by neglect. Its life as a contributing structure is over. We've ended up with our
best option.
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Bo~eraacm Cily Conaaaaissinn Meetira~, Fehruar>> 25, 20011
3:24:37 Mayor Jacobson
Mayor Jacobson. stated that this is a very difficult decision because of two competing things she
loves: historic preservation and downtown's continued economic vitality. She questioned what
could be done to the Armory that could satisfy the Dept. of Interior's criteria. Regarding climate
change, it might take more energy to rehabilitate the structure. She hopes the developer pursues
LEER Certification. This mixed use development and the parking garage will be very important
for downtown.
3:32:15 Cr. Rupp
Cr. Rupp stated that there are two right answers to this conversation tonight. On one hand, there
are valuable, correct assertions about historic preservation. He has the privilege of working
downtown in an historic building that took 9 1/2 years to redo. The ether right answer is the City
being only as healthy as its downtown. It means a lot when downtown investors speak about
investment. Downtown has to grow to the north.
3:35:1$ Friendly Amendment to Main Motion
It was moved by Cr. Rupp, to ,amend the ,_man ,motion by adding the Planning staff
Condition„#C, on page 27, cash contribution in the amount of $25,000. Crs. Krauss and
Becker acce ted the amendment as a friendl amendment.
Mitigation Strategy C.: "The applicant shall provide a cash contribution, amount determined by
the City Commission, to the City of Bozeman's upcoming update to the City's Montana
Historical and Architectural Inventory update. The City of Bozeman is planning for an update to
the City Montana Historical and Architectural Inventory file, beginning in 2009. The initial plan
is for athree-year phased update, with each year budgeted for $150,000."
Main Motion including Friendly Amendment:
It was moved b Cr. Krauss seconded b Cr. Becker to a rove the WillsonBozeman
Armo Site Plan and Certificate of A ro riateness with Deviations Z-0727$ with
Mitt ation Strate A included which is the one that re uires the cash financial uarantee
for the demolition. To follow up on that, in the_Conditions of Approval (#1) on 2b,,it has
"Prior to the issuance of an demolition or buildin ermit the a licant shall be re aired
to erform a HABS/HAER Level II of documentation of the historic Bozeman Brewe
Armo ," and I'm ho in that's 'ust the Bozeman Armo .That condition sta s with 'ust
that modification. To amend the main motion b addin the Plannin staff Condition #C.
on a e 27 cash contribution in the amount of $25 000.
3:35:58 Amendment to Motion
It ,was moved b Cr. Becker seconded b Cr. Ru to add Miti ation Strate D to the
motion on the table.
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Bozeaaauaa C.'i17~ Cnnaaaais.cioa2 A9eeiia~K, Fchruaa.>> ~5, 2008
Mitigation Strategy D: "The Design Review Board shall review the proposed new constnaction,
prior to Final Site Flan approval, and provide Planning Staff architectural design
recommendations."
3:36:46 Mayor Jacobson
Mayor Jacobson agreed with Cr. Becker to add that amendment.
3:37:14 Cr. Krauss
Cr. Krauss is concerned about that because we sent this through the entire process, and it was
vetted completely. He doesn't understand why it has to go through the process again. He is
worried of what new conditions we'd see placed on this.
3:38:23 Mayor Jacobson
Mayor Jacobson stated that Cr- Krauss convinced her.
3:38:30 Withdrawal of Motion
Cr. Becker stated that he is convinced, and he withdrew that motion. Cr. Rupp withdrew his
second.
3:38:50 Clarification of Main Motion
As requested, Deputy City Clerk Cynthia Jordan Delaney read and clarified the motion with the
help of the Commission, and the Commission agreed that this is the motion:
To apnrov_e the WillsonBozeman Armory Site Plan and Certificate of ,Appropriateness
with Deviations Z-07278 with all conditions w:th modified Cond„
_, . _, t , _,.„ition #1 vv_ithQut the word
Brewe addine Mitigation Strate A., and„„,adding Mitigation Strate C,,_,_.__
~~ ry." l:Y. _ ~ ~' ., in the
amount of $25,000.
3:40:04 Vote to approve the WillsonBozeman Armory Site Plan and Certificate of
Appropriateness with Deviations Z-07278 with all conditions, with modified Condition of
Approval #l without the ward "Brewery," adding Mitigation Strategy A., and adding
Mitigation Strategy C. in the amaunt of X25,000.
It was moved by_, Cr. Krauss, seconded. by Cr,.,,,Becker, o appr„. 1sanBozeman
t ove the Wil_, ,
Arnnory Site Plan and „Certificate of Appropriat,,,,,_„ i bons Z-07278 with,,, all
eness with Dev_a„,
conditions, with modified Condition #1 without the word "Brewery,,,',' ,a„ddin~g Mitigation
Strate A. and addin Miti anon Strate C. in the amount of 25 000.
one voting Ave being Crs. Krauss Bec ,,
,, _ker, Bryson,,,and Mayor Jacobson.
Thane votin No bein Cr. Ru
The motion carried 4-1.
Revised Condition of Approval #1:
1. Prior to the issuance of an demolition or buildin ermit the a licant shall be
required to perform, a„NABS/HAER Level II of d,,„ ,f the historic Bozeman
„ ~, ocumentation a
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l3n~enran C~it7~ C'a~nni.rsion A9eeling, H-ehi°uun~ 15, ?008
Armo HABS/HAER documentation includes lar a format hots ra hs buildin
elevations and interior buildin floor lens of the existin buildin .Please see Staff s
~pendix L for a description of Levcl II documentation.
Mitigation Strategy A.: .
a. The a licant shall rovide a 150% cash financial uarantee for the ro osed demolition
1,5 x contractor's cost estimate of demolition . Plannin Staff recommends the
Commission require a financial ,guarantee for,_the proposed demolition. The proposal
includes an enormous scale of demolition. A artiall demolished buildin creates a
ne~attve a ect on the downtown commune A 150 /o financial guarantee rovide__„~
. -- ._,~ ;,h::. _ ~,~,_._ p ~ s the City
ode uate financial resources to rotect the site if the a licant is unable to com late the
proposed demolition.
Revised Mitigation Strategy C. with the amount of $25,000 included:
c. _ e_a_ rcant s a rovide a cash cont„_,,, ,
____ ~p:...___ p „ , ribption, in the amount, of $25,000, to the Citv of
Bozeman's u camin u date to the Ci 's Montana Historical and Architectural Invento
update_The City of Bozeman is ulanning for an, update to the,City,,, Montana Historical and
Architectural_Inventory file, beginning in 2009,,,,The initial plan is,,,foar a three-veer phased
update, with eaclY,y,ear,budgeted for, $15Q,000.
3:40:21 Mayor Jacobson
Mayor Jacobson declared a five minute break.
3:40:41 Break
3:52:01 Call to Order
Mayor Jacobson called the meeting back to order.
3:52:04 3. Meadow Creek Sewer Payback District (Murray)
3:52:07 Bob Murray, Project Engineer
Mr. Murray presented the staff report for the revised sewer payback agreement for Meadow
Creek. He detailed the areas of this agreement that they revised based on the City Commission's
comments from a few weeks ago.
3:55:09 Ryan Riddle, Applicant
Mr. Riddle, of Engineering, Inc., didn't have anything further to present since last time.
3:55:25 Public Comment
Mayor Jacobson opened and closed public comment. No person commented.
3:55:43 Motion to authorize Ci Mana er to si n the revised Meadow Creek Subdivision
Pa back A reement for Sanita Sewer Im rovements.
12
Bose~nai~ Cih~ C"w~7»~ission fl9eelir~K, Febi'ua~w 25, 2008
It was moved by Cr. Becker, seconded by C„r,,,Rupp, to,authorize Citv.,Maaa~er to si~n,the
revised Meadow Creek Subdivision Pavback Agreement for Sanitary Sewer Improvements
3 : S S : S9 Cr. Rupp
Cr. Rupp asked whether the existing homeowners in those neighborhoods who are already
connected to City water and sewer are included in this agreement.
3 : S 6:1 S Mr. Murray
Mr. Murray answered that those homeowners are excluded, per the Commission's
recommendation.
3:57:07 Vote to authorize City Manager to sign the revised Meadow Creek Subdivision
Payback Agreement for Sanitary Sewer Improvements.
[It was moved by Cr. Becker, seconded, by Cr. Rupn. to authorize Citv Man„ag_er to sign the
rev_ised_........Meadow Creek, ,Subdivision,,,, Paybac„,,,„ ,,,, ar-~_ Sewer
_ _ k Agreement for Sanit,_„
Imgrovernents.l
Those votin A e bein Crs. Becker Ru B son Krauss and Ma or Jacobson,
Those voting No being none.
The motion carried 5-0.
3:57:35 Ms. Delaney
Ms. Delaney stated that there is a bit of doubt about whether or not the 10 p.m. or 11 p.m.
meeting ending time has been shifted in the ordinance for the Rules of Procedure, and she's been
advised that it's best to suspend the Rules at 10 p.m. anyway.
3:57:50 Suspension of the Rules of Procedure
Mayor Jacobson suspended the Rules until we're finished.
3:58:07 Mayor Jacobson
Mayor Jacobson was concerned that people were waiting for the Draft Starmwater Facility Plan,
and she verified that the Commission had decided to cover it some other evening.
3:58:43 4. Bozeman High School Renovation Addition Informal #I-0$002 (Skelton)
3:58:44 Mr. Epple
Mr. Epple introduced the project review for informal comment and advice from the Corrimission.
This is a School District proposal on North 11th Avenue; it's the Chief Joseph Middle School
area proposed for renovations to add to the high school.
4:01:56 Ben Lloyd, Applicant
Mr. Lloyd, of Comma-Q Architecture, is representing the School District. He clarified that it's a
50,000 square foot addition on the eastside of the existing Chief Joseph Middle School as part of
a comprehensive project that runs from the Swim Center to the NE side of the middle school.
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Bvaen~un Cite C'v~nmissin» AAeetinK, Februut.y Z5, 2008
4:11:11 Cr. Krauss
Cr. Krauss asked about adequate planning far all the intensity of traffic on 11th and the pick ups
and drop offs. It's not very good right now.
4:11:48 Mr. Lloyd
Mr. Lloyd stated that they have reconfigured the parking lot to help facilitate drop off and pick
up.
4:13:59 Cr. Becker
Cr. Becker expressed concerns about safety issues related to the functionality of 11th and
Mendenhall. He asked if the applicant is required to improve that intersection.
4:16:43 Cr. Becker
Cr. Becker asked about the safety plan, evacuation procedures, and lockdown features, and
whether schematics will be available to first responders when they first enter the facility.
4:17:40 Mr. Lloyd
Mr. Lloyd staled that they will be extending the lockdown system as part of this project.
4:20:48 Public Comment
Mayor Jacobson opened and closed public comment. No person commented.
4:21:01 6. Appointment to the Tree Advisory Board (Delaney)
4:22:45 Motion and Vote that we approve Lessa Millard to the Tree Advisory Board.
It was moved b Cr. B son seconded b Cr. Krauss that we a rove Lessa Millard to the
Tree Advisory Board.
Those votin A e bein Crs. ,.,rY on, ecker, Rune, and Mayor Jacobson.
B Krauss, B._
Those votin No bein none.
The motion carried S-0.
4:23:36 7. Appointment to the Senior Citizens Advisory Board (Delaney)
4:23:52 Motion and Vote to approve Sally Fishman.
It was moved by Cr. Becker,, seconded„ by Cr. B,rvson, to approve Sally Fishman
Those votin A e bein Crs. Becker B sap and Ma or Jacobson.
Those voting„No bein~,,,Crs; Rupp and Krauss.
The motion carried 3-2.
4:24:39 Motion and Vote to reconsider the last decision that I made: the appointment.
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Bo~elaaurl C'i1]' C'Dl11/7115'5'!017 /VIL'L'1i11f,', l'CfJI'1lLliy 25, 2008
It was. moved by Cr. Becker, seconded by C,r, Rupp,,to reconsider„the last de„vision that I
made: the appointment.
Those voting Ave being Crs. Becker, Rupp,,,Bryson,,,and Krauss.
Those votin No bein Ma or Jacobson.
The motion carried 4-1.
4:25:40 Motion and Vote to appoint her,
It was moved by Cr. Becker. seconded, by Cr. Brvson, to appoint her.
Those voting Ave being Manor Jacobson.
Those voting No being Crs. Becker,_Rupp, Bry_san, and Krauss.
The motion failed 4-1.
4:26:01 S. Draft Stormwater Facility Plan (Murray)
4:26:18 MayorJacabson
Mayor Jacobson staled that Bob Murray said that we should move the Draft Stormwater facility
Plan to about the 25th of next month (March).
4:26:57 Mr. Kukulski
Mr. Kukulski stated that the staff will get that scheduled.
4;27:05 Public Comment
Mayor Jacobson opened and closed public comment. No person commented.
4:27:18 J. FYI/Discussion
4:27:30 Cr. Rupp
Cr. Rupp wants to assist some local businesses who approached him with redesign concerns
taking place in the Buttrey Shopping Center. There are some tax-paying local businesses caught
in the middle, and he is supportive of reconsidering or taking a look ai it.
4:30:13 Cr. Rupp
Cr. Rupp suggested following up on Cr. Bryson's goal_setting comments about where we are
with curbside recycling: Where are we going? What are our benchmarks? What are the options?
How do existing private businesses fit in?
4:30:47 Mayor Jacobson
Mayor Jacobson agreed that recycling follow up is a good idea.
4:31:10 Cr. Becker
Cr. Becker stated that the timing of opening the Bacchus and Ted Montana Grill restaurants in
the Baxter Hotel is critical. He wanted to help out and speed up that application, if possible.
15
r'
BoWenaan (pity Coaaaaaaissiora Meelirrg, F ehr't~uiw 1.5, ?008
4:31:33 Mr. Kukulski
Mr. Kukulski stated that it has been moved up to the March 3 meeting.
4:31:59 Cr. Becker
Cr. Becker stated that the Commission should have a broader policy discussion about the sign
issue.
4:32:47 Cr. Bryson
Cr. Bryson suggested that the BID should get involved in the conversation about the downtown
sign ordinance. He stated that it was clear at the BID meeting that if Ted's doesn't get their bigger
sign, Ted's wouldn't do the restaurant.
4:35:14 Mr. Kukulski
Mr. Kukulski stated that he and Mayor Jacobson are leaving for Washington, D.C. in the
morning.
4:36:01 K. Adjournment
Mayor Jacobson adjourned the meeting.
ATTEST:
Stacy en, City Clerk
PREPARED BY:
Cyn a Jordan Blaney, Deputy City rk
Approved on ~ a2
U-
Kaaren Jacobson Mayor
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