HomeMy WebLinkAbout12-10-07_August 20, 200732323232323232323232323232323223232_3LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 20, 2007
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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, August 20, 2007 at 5:00 pm for an Executive
Session. Present were Mayor Jeff Krauss, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Steve Kirchhoff,
Cr. Kaaren Jacobson, and City Manager Chris Kukulski.
0:12:06 A. Executive Session - Call to Order - 5:00 pm
Mayor Krauss called this Executive Session to order at 5:00 pm, and he read the following
statement: "This portion of the meeting will be closed pursuant to MCA section 2-3-203 (3) to
discuss a matter of individual privacy, the City Manager's evaluation. The City Manager has not
waived his right to privacy. It has been determined that the demands of individual privacy
clearly outweigh the merits of public disclosure."
No Minutes were taken during this Executive Session.
Mayor Krauss adjourned this Executive Session at 6:10 pm.
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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, August 20, 2007 at 6:00 pm. Present were
Mayor Jeff Krauss, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Steve Kirchhoff, Cr. Kaaren Jacobson,
City Manager Chris Kukulski, Planning Director Andy Epple, Finance Director Anna
Rosenberry, City Attorney Paul Luwe, and Assistant to City Manager/Neighborhood Coordinator
Brit Fontenot (acting as City Clerk).
0:17:04 B. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse,
311 West Main Street
Mayor Krauss called the meeting to order.
0:17:08 C. Pledge of Allegiance and a Moment of Silence
0:18:16 Changes to the Agenda
Mayor Krauss stated that they will open, take public comment on, and continue Action item I 4.
[City of Bozeman Mandeville Industrial Park Major Subdivision Pre-application #P-07026
(Windemaker)]. Action item I 10. [Madill Impact Fee Credit Request IFCR-0701 (Saunders)]
will also be opened and continued, and public comment will be taken.
0:19:07 Chris Kukulski, City Manager
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Linked Minutes of the Bozeman City Commission Meeting, August 20, 2007
Mr. Kukulski mentioned a correction to Consent item F. 6. [Approve Resolution No. 4056, Intent
to Create Special Improvement Lighting District #703, Loyal Garden Subdivision Phase 1A
(Shannon)]. It should refer to Loyal Garden Subdivision Phases 1A and 1B.
0:19:28 D. Public Service Announcement - Residential Parking Permits (Fontenot)
0:19:37 Brit Fontenot, Assistant to City Manager/Neighborhood Coordinator
Mr. Fontenot reminded the public that with the start of school, resident parking districts of the
City would be enforced, and he described the details of the residential parking permits and the
districts.
0:21:09 E. Minutes - May 21, 2007
0:21:14 Motion and Vote to approve the Minutes of May 21, 2007.
It was moved by Cr. Becker, seconded by Cr Rupp, to approve the minutes of May 21,
2007.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
0:21:32 F. Consent
1. Authorize Payment of Claims (LaMeres)
2. Finally Adopt Ordinance No. 1687, Kent-Hall Zone Map Amendment (Saunders)
3. Finally Adopt Ordinance No. 1688, Parks/Story Mill Zone Map Amendment #Z-
06203 (Saunders)
4. Finally Adopt Ordinance No. 1689, Mandeville Creek Zone Map Amendment #Z-
06095 (Saunders)
5. Finally Adopt Ordinance No. 1712, Mengel Zone Map Amendment #Z-06192
(Skelton)
6. Approve Resolution No. 4056, Intent to Create Special Improvement Lighting
District #703, Loyal Garden Subdivision Phases 1A and 1B (Shannon)
(REVISED TO INCLUDE PHASE 1B)
0:21:36 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
0:21:50 Motion and Vote to approve Consent Items F. 1-6.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve Consent Items F. 1-6.
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
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Linked Minutes of the Bozeman City Commission Meeting, August 20, 2007
0:22:01 G. Public Comment
Mayor Krauss opened public comment.
0:22:47 Mike Kavasnick - Public Comment
Mr. Kavasnick has concerns about the brewery, and he has owned a piece of property there since
1981 and has long-term renters. He worries where these people will go. He stated that the TIF
came into our neighborhood and is selling the local people out; the whole point was that local
people could live and have their business there.
0:25:50 H. Special Presentations
0:25:53 1. Bozeman 2020 Community Plan Update (Clarion Associates)
0:26:00 Andy Epple, Planning Director
Mr. Epple introduced the presentation.
0:28:07 Lesli Ellis, Clarion Associates
Ms. Ellis of Clarion Associates presented the summary of the Bozeman 2020 Community Plan
Update report.
0:36:18 Ben Herman, Clarion Associates
Mr. Herman continued to summarize the Bozeman 2020 Community Plan Update report.
1:28:21 Public Comment opened.
Mayor Krauss opened public comment.
1:28:41 Steve Johnson - Public Comment
Steve Johnson, the Solid Waste Superintendent who resides at 7880 Churchill Road in
Manhattan, commented about what other communities have done in a more comprehensive
fashion: development of an energy policy (that doesn't seem to be in the 2020 Community Plan),
and also waste management, waste reduction, recycling, and hazardous waste management.
1:29:34 Betty Stroock - Public Comment
Ms. Stroock, who resides at 2504 Valhalla Court, commends the City for the 2020 Plan and for
providing bus service in Bozeman. She encouraged the City to create more playing fields, parks
and recreation funding, and bicycle paths. She wanted those to be put into the 2020 Plan.
1:31:09 Public Comment closed.
Mayor Krauss closed public comment.
1:34:28 Mayor Krauss
Mayor Krauss declared a break.
1:34:33 Break
1:50:01 2. Greater Bozeman Area Transportation Plan Update (Jeff Key from Robert
Peccia and Associates)
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Linked Minutes of the Bozeman City Commission Meeting, August 20, 2007
1:50:12 Mr. Epple
Mr. Epple introduced the presentation.
1:52:00 Jeff Key, Traffic Engineer with Peccia and Associates
Mr. Key presented the Transportation Plan Update.
2:37:08 Public Comment opened.
Mayor Krauss opened public comment.
2:37:24 Jon Gerster - Public Comment
Mr. Gerster, who resides at 719 North Wallace, stated that to institute the traffic-calming and
aesthetically-pleasing changes (that the Beautification Advisory or Tree Boards want to
implement), we need to work with the Montana Department of Transportation to change those
standards holding our communities hostage.
2:39:18 Public Comment closed.
Mayor Krauss closed public comment.
2:42:04 I. Action Items
2:42:07 1. Budget Hearing for Fiscal Year 2008, opened and continued from July 16,
2007, continue to August 27, 2007 (Rosenberry)
2:42:20 Anna Rosenberry, Director of Finance
Ms. Rosenberry presented the staff report.
2:42:36 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
2:42:43 Motion to continue this item (Budget Hearing for Fiscal Year 2008) until August 27
(2007).
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to continue this item (Budget
Hearing for Fiscal Year 2008) until August 27 (2007).
2:53:14 Vote to continue this item (Budget Hearing for Fiscal Year 2008) until August 27
(2007).
[It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to continue this item (Budget
Hearing for Fiscal Year 2008) until August 27 (2007).]
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
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Linked Minutes of the Bozeman City Commission Meeting, August 20, 2007
2:53:22 2. Award of Alternate #1 and #2 Bids for the Construction of the Bozeman
Intermodal Parking Facility (Rosenberry/Goehrung)
2:53:40 Ms. Rosenberry
Ms. Rosenberry presented the staff report.
2:55:59 Public Comment opened.
Mayor Krauss opened public comment.
2:56:08 Chris Naumann - Public Comment
Mr. Naumann, who resides at 603 South 10th, is the Executive Director of the Downtown
Bozeman Partnership, and he is here representing the Tax Increment Fund Board. Since 1995,
the TIF Board has recognized that building a multi-level parking facility is very important to the
viability of downtown, and the TIF Board recommends awarding these bids.
2:58:00 Bob Lashaway - Public Comment
Mr. Lashaway, who resides at 1316 South Bozeman, is the university representative on the TIF
Board, and he reiterates that the TIF Board supports awarding both the base bid and the alternate.
He stated that the additional 100 spaces come at a significant discount at a net-space-gained
basis, and that will maximize the economics of this facility over time.
2:58:44 Public Comment closed.
Mayor Krauss closed public comment.
3:08:11 Motion to award the Alternate #1 and #2 Bids for construction of the Bozeman
Intermodal Facility to Martel Construction in the amounts listed on the June 11, 2007 Bid
Day Summary sheet.
It was moved by Cr. Jacobson, seconded by Cr. Becker, to award the Alternate #1 and #2
Bids for construction of the Bozeman Intermodal Facility to Martel Construction in the
amounts listed on the June 11, 2007 Bid Day Summary sheet.
3:09:50 Vote to award the Alternate #1 and #2 Bids for construction of the Bozeman
Intermodal Facility to Martel Construction in the amounts listed on the June 11, 2007 Bid
Day Summary sheet.
It was moved by Cr. Jacobson, seconded by Cr. Becker, to award the Alternate #1 and #2
Bids for construction of the Bozeman Intermodal Facility to Martel Construction in the
amounts listed on the June 11, 2007 Bid Day Summary sheet.
Those voting Aye being Crs. Jacobson, Becker, Rupp, Kirchhoff, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
3:10:00 Motion to direct the Negotiation Committee to take out of the equation or find a
space in there for indoor transit shelter if financially viable, but primarily also want the
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Linked Minutes of the Bozeman City Commission Meeting, August 20, 2007
Finance Director to you know with the numbers because we have just approved this based
upon so much a square foot for all the retail, that in those discussions and negotiations with
the bidders that that topic is there.
It was moved by Cr. Rupp to direct the Negotiation Committee to take out of the equation
or find a space in there for indoor transit shelter if financially viable, but primarily also
want the Finance Director to you know with the numbers because we have just approved
this based upon so much a square foot for all the retail, that in those discussions and
negotiations with the bidders that that topic is there.
3:13:30 Cr. Becker
Cr. Becker stated that there is an unseconded motion on the floor.
3:13:34 Cr. Rupp
Cr. Rupp withdrew his motion, and stated that this motion is a motion in progress. He
encouraged Cr. Becker to make a new motion.
3:13:49 Motion to recommend to the board charged with the sale of the retail component of
the parking garage that they seriously consider withdrawing the smallest shell from the
sale of the retail parcels, if feasible, examining the potential of private sector lease option
and potential funding from Western Transportation Institute, etc.
It was moved by Cr. Becker to recommend to the board charged with the sale of the retail
component of the parking garage that they seriously consider withdrawing the smallest
shell from the sale of the retail parcels, if feasible, examining the potential of private sector
lease option and potential funding from Western Transportation Institute, etc.
3:14:58 Mayor Krauss turned the gavel over to Mayor Pro Tem Jacobson.
Mayor Krauss wanted to take a stab at making a motion since Cr. Becker's hasn't been seconded,
and he turned the gavel over to Mayor Pro Tem Jacobson for the remainder of this portion of the
meeting.
3:15:16 Motion to direct the committee to incorporate within the sale of the retail space a
transit hub that may or may not include the kind of retail or establishment we're talking
about and public restrooms and that in their negotiations with the bidders that they find a
way to do that in the best way possible.
It was moved by Mayor Krauss, seconded by Cr. Rupp, to direct the committee to
incorporate within the sale of the retail space a transit hub that may or may not include the
kind of retail or establishment we're talking about and public restrooms and that in their
negotiations with the bidders that they find a way to do that in the best way possible.
3:15:55 Vote to direct the committee to incorporate within the sale of the retail space a
transit hub that may or may not include the kind of retail or establishment we're talking
about and public restrooms and that in their negotiations with the bidders that they find a
way to do that in the best way possible.
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Linked Minutes of the Bozeman City Commission Meeting, August 20, 2007
[It was moved by Mayor Krauss, seconded by Cr. Rupp, to direct the committee to
incorporate within the sale of the retail space a transit hub that may or may not include the
kind of retail or establishment we're talking about and public restrooms and that in their
negotiations with the bidders that they find a way to do that in the best way possible.]
Those voting Aye being Mayor Krauss, Cr. Rupp, Cr. Kirchhoff, Cr. Becker, and Mayor
Pro Tem Jacobson.
Those voting No being none.
The motion carried 5-0.
3:16:23 3. Provisional Adoption of Ordinance No. 1716, Annexation into the MSU
Residential Parking District (Fontenot)
3:17:03 Mr. Fontenot
Mr. Fontenot presented the staff report.
3:23:54 Public Comment opened.
Mayor Krauss opened public comment.
3:24:06 Bob Schunke - Public Comment
Mr. Schunke, who resides at 423 South 8th, stated that he sees a mix of students and employees
parking there. He was amazed that the residents were glad to see him with the petition as they
would sometimes have a hard time parking in front of their homes. There is definitely a parking
issue.
3:26:42 Public Comment closed.
Mayor Krauss closed public comment.
3:31:29 Motion and Vote to provisionally adopt Ordinance 1716, Revising the boundaries
of the MSU Residential Parking District, and that is making the findings that are listed in
the staff report.
It was moved by Cr. Becker, seconded by Cr. Rupp, to provisionally adopt Ordinance
1716, Revising the boundaries of the MSU Residential Parking District, and that is making
the findings that are listed in the staff report.
Those voting Aye being Crs. Rupp, Kirchhoff, and Mayor Krauss.
Those voting No being Crs. Becker and Jacobson.
The motion passes 3-2.
3:32:06 4. City of Bozeman Mandeville Industrial Park Major Subdivision
(Windemaker)
3:32:11 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
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Linked Minutes of the Bozeman City Commission Meeting, August 20, 2007
3:32:29 Motion to continue this (City of Bozeman Mandeville Industrial Park Major
Subdivision) until next week (August 27, 2007).
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to continue this (City of Bozeman
Mandeville Industrial Park Major Subdivision) until next week (August 27, 2007).
3:32:41 Mr. Epple
Mr. Epple stated that the Project Engineer has requested that they actually move that to
September 10 to accommodate his schedule.
3:32:55 Clarification of Motion
Mayor Krauss stated that the motion is amended to be for September 10, and Cr. Rupp stated that
this is what he meant:
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to continue this (City of Bozeman
Mandeville Industrial Park Major Subdivision) until September 10 (2007).
3:33:02 Vote to continue this (City of Bozeman Mandeville Industrial Park Major
Subdivision) until September 10 (2007).
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to continue this (City of Bozeman
Mandeville Industrial Park Major Subdivision) until September 10 (2007).
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
3:33:15 5. MSU Foundation Zone Map Amendment #Z-07157 (Riley)
3:33:27 Mr. Epple
Mr. Epple presented the staff report.
3:36:22 Lowell Springer, Applicant
Mr. Springer stated that they absolutely concur with staff's evaluation, report, and
recommendations, and this was passed unanimously by the Zoning Commission.
3:37:18 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
3:37:33 Motion and Vote to approve MSU Foundation Zone Map Amendment with the two
contingencies listed in the Zoning Commission Resolution.
It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, to approve MSU Foundation
Zone Map Amendment with the two contingencies listed in the Zoning Commission
Resolution.
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Linked Minutes of the Bozeman City Commission Meeting, August 20, 2007
Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
Refer to the Zoning Commission Resolution in the August 20, 2007 packet for the two
contingencies.
3:37:53 Mayor Krauss
Mayor Krauss declared a five minute break while staff set up for the Rea COA presentation.
3:38:20 Break
3:50:57 Suspension of Rules of Procedure
Mayor Krauss suspended the Rules of Procedure until 11:00 pm.
3:51:04 6. Rea Home Certificate of Appropriateness with Deviation #Z-07169 (Bristor)
3:51:09 Allyson Bristor, Associate Planner
Ms. Bristor presented the staff report
3:53:27 Bill Rea, Applicant
Mr. Rea clarified that they are trying to be as sensitive as they can with this and put it to the back
of the property. Because of the nature of the site, it will be hard to see. It is over the setback
because the existing kitchen is over the setback and has been since 1915; they are just continuing
the wall.
3:54:36 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
3:56:10 Motion and Vote to approve the Rea Home Certificate of Appropriateness with
Deviation #Z-07169 as conditioned by staff.
It was moved by Cr. Jacobson, seconded by Cr. Becker, to approve the Rea Home
Certificate of Appropriateness with Deviation #Z-07169 as conditioned by staff.
Those voting Aye being Crs. Jacobson, Becker, Rupp, Kirchhoff, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
Refer to the Staff Report in the August 20, 2007 packet for the conditions of approval.
3:56:35 7. Bozeman Brewery Building Site Plan and Certificate of Appropriateness
with Deviations #Z-07145 (Bristor)
3:56:52 Mayor Krauss
Mayor Krauss moved on to the next Action item while the planner loaded up the Bozeman
Brewery presentation.
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Linked Minutes of the Bozeman City Commission Meeting, August 20, 2007
3:57:22 8. Resolution No. 4057, Policy for Granting Development Impacts (Big Box)
Fund Money for Affordable Housing Projects (Rosenberry)
3:57:25 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
3:57:43 Mayor Krauss
Mayor Krauss requested a motion to continue this item until next week.
3:57:48 Motion to continue Resolution 4057 to next week (August 27, 2007).
It was moved by Cr. Becker to continue Resolution 4057 to next week (August 27, 2007).
3:57:56 Cr. Rupp
Cr. Rupp asked if they could vote on it tonight.
3:58:03 Motion and Vote to approve Resolution 4057.
It was moved by Cr. Becker, seconded by Cr. Rupp, to approve Resolution 4057.
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
3:58:59 10. Madill Impact Fee Credit Request IFCR-0701 (Saunders)
3:59:16 Public Comment
Mayor Krauss opened and closed public comment. No person commented.
3:59:27 Motion and Vote to open and continue that (Madill Impact Fee Credit Request
IFCR-0701) to next week (August 27, 2007).
It was moved by Cr. Becker, seconded by Cr. Rupp, to open and continue that (Madill
Impact Fee Credit Request IFCR-0701) to next week (August 27, 2007).
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
4:00:42 7. Bozeman Brewery Building Site Plan and Certificate of Appropriateness
with Deviations #Z-07145 (Bristor)
4:00:52 Ms. Bristor
Ms. Bristor presented the staff report.
4:13:30 Lyman Goff, Applicant
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Linked Minutes of the Bozeman City Commission Meeting, August 20, 2007
Mr. Goff, the Senior Partner of Goff Architecture, introduced himself and gave a short
background about his experience.
4:22:02 Graham Goff, Applicant
Mr. Goff introduced three other applicant representatives. Mr. Goff wanted clarification on three
conditions: Condition 4a - They would like that condition modified because in their current
revised proposal, they are restoring six sills and asking to remove two to create alternate egress
points into the building. Condition 6 - They would like to have it noted that this monthly report
is a reporting requirement only; it's not a continual month-to-month review of their application.
Condition 7 - Mr. Goff asked for a timeline on when the update on the Haynes Building would
occur so it doesn't hold up their final site plan approval.
4:26:11 Public Comment
Mayor Krauss opened public comment.
4:26:19 Brian Caldwell - Public Comment
Mr. Caldwell resides at 733 South Tracy. He feels that this is a tremendous asset to the tax
increment district created in that area, and this project will create a historic landmark that has
been lost. He thinks condition #7 should be eliminated in its entirety.
4:28:03 Jon Gerster - Public Comment
Mr. Gerster resides at 719 North Wallace. He said he is excited about the project and lives right
next door. They signed a mutual access easement, and they are concerned about Aspen Street
access on the Parking Facility Plan.
4:31:07 Chris Nixon - Public Comment
He resides at 719 North Wallace Avenue and is the other owner of the Lehrkind Mansion just
across the abandoned Aspen right-of-way. He is excited by the proposal and thinks that the
Goffs are respecting the history of the whole site. As for the access easement, there should be a
condition that it is for those five condos and emergency bollards to restrict traffic. He suggested
moving the Aspen street sign to the right side where Aspen does exist and go through.
4:34:25 Lowell Springer - Public Comment
Mr. Springer has an office at 201 South Wallace. As an architect, he spent a year off and on
working with owners of this project. Some portion of the Haynes Building is structurally sound,
but they found that it has been altered so many times and mutilated so badly that the historical
character is no longer there. The effort to rebuild that corner is a good idea with tearing down the
Haynes Building.
4:36:37 Public Comment closed.
Mayor Krauss closed public comment.
4:48:36 Motion to approve the Bozeman Brewery Site Plan and Certificate of
Appropriateness and Deviations Z-07145 as conditioned by staff, with the addition that the
Aspen Street entrance/exit from the parking for emergency vehicles only.
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Linked Minutes of the Bozeman City Commission Meeting, August 20, 2007
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve the Bozeman Brewery
Site Plan and Certificate of Appropriateness and Deviations Z-07145 as conditioned by
staff, with the addition that the Aspen Street entrance/exit from the parking for emergency
vehicles only.
4:50:36 Amendment to Motion and Vote on Amendment
It was moved by Cr. Becker, seconded by Cr. Rupp, to allow two sills to be removed for
egress, item condition 4A.
Those voting Aye being Cr. Becker and Mayor Krauss.
Those voting No being Crs. Rupp, Kirchhoff, and Jacobson.
The motion failed 2-3.
4:51:05 Amendment to Motion
It was moved by Cr. Becker to reduce the timeline for inventory on item condition 7 to 30
days.
4:52:22 Second of Amendment to Motion
Cr. Rupp seconded Cr. Becker's Amendment.
It was moved by Cr. Becker, seconded by Cr. Rupp, to reduce the timeline for inventory on
item condition 7 to 30 days.
4:52:29 Vote on Amendment
[It was moved by Cr. Becker, seconded by Cr. Rupp, to reduce the timeline for inventory
on item condition 7 to 30 days.]
Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
4:52:41 Vote to approve the Bozeman Brewery Site Plan and Certificate of Appropriateness
and Deviations Z-07145 as conditioned by staff, with the addition that the Aspen Street
entrance/exit from the parking for emergency vehicles only.
It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to approve the Bozeman Brewery
Site Plan and Certificate of Appropriateness and Deviations Z-07145 as conditioned by
staff, with the addition that the Aspen Street entrance/exit from the parking for emergency
vehicles only.
Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss.
Those voting No being none.
The motion carried 5-0.
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Linked Minutes of the Bozeman City Commission Meeting, August 20, 2007
Final Conditions of Approval (with revised condition #7 and the addition of condition #19
as approved by the City Commission):
Planning & ADR Staff Conditions:
1. With the Final Site Plan submittal, the applicant shall submit a final structural
analysis of the Brewery Building. Said analysis shall include feasibility statement on
whether or not the additional exterior walls (north, south and west), and interior walls, can
be incorporated into the final architectural design of the development.
2. An additional copy of the final structural analysis shall be provided to Pete Brown at
SHPO at time of the Final Site Plan submittal to assist in his final determination on
whether or not the proposal is creating an adverse effect to the Brewery Building and
Bozeman Brewery Historic District. If an adverse effect is determined, the applicant is
required to submit a mitigation plan PRIOR TO FINAL SITE PLAN APPROVAL.
3. PRIOR TO FINAL SITE PLAN APPROVAL, the applicant shall be required to
perform a HABS/HAER level of documentation of all portions on the site proposed for
demolition. Namely, the HABS/HAER documentation will include large format
photographs, building elevation and interior building floor plans.
4. The Final Site Plan submittal shall reflect the following changes and/or additions in
design: a. Elimination of the window extensions on the Brewery Building’s east façade.
The applicant shall propose a design that provides the required egress while also
preserving the original window sills.
b. Structural details of the trellis framing that will attach the proposed vine
landscaping to the masonry walls. ADR Staff will review the details and make a final
determination on whether or not the framing is historically appropriate AND if they have
the potential to damage the historic brick mortar.
c. Design details/colored schematics of the proposed Streamline bus stop along North
Wallace Avenue. The applicant shall coordinate with the Director of Public Safety when
designing the bus stop, to ensure that its scale and proportion is appropriate for the public
boulevard.
5. The Final Site Plan submittal shall include a color and materials palette of all new
construction materials (windows, doors, brick, etc.) for final review and approval by
Administrative Design Review Staff.
6. Throughout the rehabilitation/restoration of the Brewery Building, the applicant shall
submit monthly reports to the Department of Planning. Said reports shall state how the
project and all affiliated designers/contractors are abiding by “Chapter 1” of the Design
Guidelines for Historic Preservation. Notes shall include the following issues:
a. Throughout the rehabilitation, all original building materials shall be preserved. If
said materials are damaged, appropriate repair should occur before replacement. Avoid
the removal of damage materials that can be repaired.
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Linked Minutes of the Bozeman City Commission Meeting, August 20, 2007
b. Replacement of missing or deteriorated architectural elements should be accurate.
The design shall be substantiated by physical or pictorial evidence to avoid creating a
misrepresentation of the building’s history. Use the same kind of material for
replacements, unless a substitute material is the same size, shape, texture and finish and
conveys the visual appearance of the original.
c. The decorative masonry of the original design shall be preserved. Avoid rebuilding
exterior masonry that could be repaired. For all portions that are missing, strict attention
shall be made in the selection of replacement materials (brick dimension, mortar joint
style, brick color, etc.). Duplicate the old mortar in strength, composition, color and
texture, as well as duplicate the mortar joints in width and profile. Avoid using mortar
with a high Portland cement content, which will be substantially harder than the original
and cause fluctuations is moisture protection.
7. PRIOR TO FINAL SITE PLAN APPROVAL, the City shall update the existing
historic inventory of the Bozeman Brewery Historic District to include buildings that have
turned 50 years old since the original nomination in 1984. The findings of such update will
be considered by both the Department of Planning and SHPO when determining the
adverse effect(s) of the development. Reduce the timeline for inventory to 30 days.
Design Review Board Conditions:
8. The Final Site Plan submittal shall reflect the following changes in design:
a. The proposed tower on the southeast corner of the proposed building shall better
resemble the original tower height (both in scale and massing) as shown in historic
photographs.
9. The final structural analysis shall be reviewed by the Design Review Board, as a
consent item, prior to Final Site Plan approval. Engineering Staff Conditions
10. Sewer service lines for this building are old and may need replaced with any major
remodels to the building or change in use of the building.
11. All surrounding streets would need to be upgraded to city standards. This includes but
not limited to paving, curb, gutter, and sidewalk.
12. All proposed sanitary sewer main extensions shall be a minimum 8”.
13. Any non-standard street sections must be approved by the City of Bozeman. Any
proposed section that will accommodate on-street parking along Wallace and Tamarack
must be designed such that snow plows and street sweepers can maintain that section.
14. City standard sidewalk shall be installed and properly depicted at the standard
location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the
standard alignment or location must be approved by the City Engineer.
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15. All drive accesses shall line up directly across from any street, alley, or other drive
access or be spaced a minimum of 40 feet apart. All two-way accesses onto the site shall be
a minimum of 24’ wide. All drive accesses and street intersections on adjoining lots shall
be shown on the final site plan to verify that all proposed drive accesses either line up or
meet the necessary separation distance.
16. Wallace Avenue is currently registered in the traffic calming program. The developer
will need to work with the North East Neighborhood Association (NENA) in contributing
to the ongoing traffic calming measures being implemented and to minimize the traffic
impacts on Wallace Avenue.
17. Construction traffic shall limit its use of Wallace Avenue as their direct route to the
site. 18. A detailed Traffic Study Report for the proposed development, including a level
of service evaluation, shall be provided.
City Commission:
19. The Aspen Street entrance/exit from the parking is for emergency vehicles only.
4:52:56 Suspension of the Rules of Procedure
Mayor Krauss suspended the Rules of Procedure for another 15 minutes to open this item and
take public comment.
4:53:42 9. Implementation and Installation of Red-light Traffic Cameras
(Kukulski/Luwe)
4:53:42 Suspension of the Rules of Procedure
Mayor Krauss stated that he wanted to open this item and hear a staff report, and he suspended
the Rules of Procedure for 10 minutes.
4:53:48 Mr. Kukulski
Mr. Kukulski presented the staff report.
4:58:24 Public Comment opened.
Mayor Krauss opened public comment.
4:58:32 Jeff Ball - Public Comment
Mr. Ball resides at 323 South Wallace. He has concerns that this technology could grow into a
network and be feeding into a national database and/or police state. It's not too far to take it to
1984. He doesn't know what the point and purpose of these cameras could be, nor what their
limits would be, and he finds this quite disturbing.
4:59:52 Public Comment closed.
Mayor Krauss closed public comment.
5:00:07 Cr. Becker
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Linked Minutes of the Bozeman City Commission Meeting, August 20, 2007
Cr. Becker wants to see signage, municipal infractions, only on dangerous intersections, and a
closed system, and then he'll consider a proposal with alternatives, but not approving it tonight.
5:00:54 Motion that the staff bring back this camera proposal at a future date with answers
to the questions that were brought up tonight, including those raised by Cr. Becker
(signage, municipal infractions, only on dangerous intersections, and a closed system) and
some additional ones regarding funding sources.
It was moved by Cr. Kirchhoff that the staff bring back this camera proposal at a future
date with answers to the questions that were brought up tonight, including those raised by
Cr. Becker (signage, municipal infractions, only on dangerous intersections, and a closed
system) and some additional ones regarding funding sources.
5:03:56 Motion to direct staff to go forward with the implementation and installation of red
light traffic cameras with its primary focus on Main Street.
It was moved by Cr. Rupp to direct staff to go forward with the implementation and
installation of red light traffic cameras with its primary focus on Main Street.
5:04:31 Motion to direct staff to bring back more information and proceed with this item to
the next step, which would be bringing it before the Commission for public hearing.
It was moved by Cr. Kirchhoff to direct staff to bring back more information and proceed
with this item to the next step, which would be bringing it before the Commission for
public hearing.
5:04:57 Mayor Krauss turned the gavel over to Mayor Pro Tem Jacobson.
Mayor Krauss turned over the gavel so that he could make a motion.
5:04:58 Motion that we direct staff to move forward with the implementation and
installation of red light traffic cameras, examining the questions that were brought up
tonight, providing direction on an RFP (Request for Proposals), actually writing an RFP
for our consideration.
It was moved by Mayor Krauss, seconded by Cr. Rupp, that we direct staff to move
forward with the implementation and installation of red light traffic cameras, examining
the questions that were brought up tonight, providing direction on an RFP (Request for
Proposals), actually writing an RFP for our consideration.
5:09:07 Vote that we direct staff to move forward with the implementation and installation
of red light traffic cameras, examining the questions that were brought up tonight,
providing direction on an RFP (Request for Proposals), actually writing an RFP for our
consideration.
[It was moved by Mayor Krauss, seconded by Cr. Rupp, that we direct staff to move
forward with the implementation and installation of red light traffic cameras, examining
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Linked Minutes of the Bozeman City Commission Meeting, August 20, 2007
the questions that were brought up tonight, providing direction on an RFP (Request for
Proposals), actually writing an RFP for our consideration.]
Those voting Aye being Mayor Krauss, Cr. Rupp, Cr. Kirchhoff, Mayor Pro Tem
Jacobson, and Cr. Becker.
Those voting No being none.
The motion carried 5-0.
5:09:39 Mr. Kukulski
Mr. Kukulski stated that he will ask them next week for some direction as to whether they want
it on a future agenda.
5:09:47 K. Adjournment
Mayor Krauss adjourned the meeting at 11:15 pm.
____________________________________
Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________
Stacy Ulmen, City Clerk
PREPARED BY:
______________________________________
Cynthia Jordan Delaney, Deputy City Clerk
Approved on ___________________________.
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