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Home My WebLink About10-17-16 City Commission Minutes r tKir THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,October 17t',2016 Commissioner-Jeff Krauss: Present Mayor-Carson Taylor: Present Commissioner-Chris Mehl: Present Deputy MaVor-Cynthia Andrus: Present Commissioner-I-Ho Pomeroy: Present Staff Present at the Dais:City Manager Chris Kukulski, City Attorney Greg Sullivan, Deputy City Clerk Pearl Michalson A. 05:59:53 PM (00:00:29)Call to Order—6:00 PM-Commission Room,City Hall, 121 North Rouse Mayor Taylor called the meeting to order at 6:00 PM. B. 06:00:02 PM (00:00:38) Pledge of Allegiance and a Moment of Silence C. 06:00:54 PM (00:01:30)Changes to the Agenda City Manager Kukulski clarified that an updated and correct addendum was added to a consent item, provided in front of them. D. 06:01:25 PM (00:02:01)Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) .G 2. Authorize the City Manager to Sign a Professional Services Agreement with All Valley Landscaping Services for Snow Removal at the Bozeman Public Library(Gray) �. D 3. Authorize the City Manager to Sign a Professional Services Agreement with Granite Peak Hardscape and Landscape for Snow Removal at City Hall, Fire Station 1, Alfred M. Stiff Professional Building,Creek Side Park,Soroptomist Park, and the Lindley Center(Gray) 0 4. Ratify the City Manager's Signature on the Notice of Award to Knife River Belgrade for the North 27th Avenue Expansion Project(Murray) 7L! 5. Resolution 4737, Authorizing Change Order Number 1 to the Contract with Knife River Belgrade for the North 27th Ave Expansion Project(Murray) ,"a Page 1 of 9 Bozeman City Commission Draft Minutes,October 17,2016 6. Provisional Adoption of Ordinance 1966, the Story Mill Road and Hillside Lane Zone Map Amendment,Application 16300(Rice) °a 06:01:26 PM (00:02:02)City Manager Overview City Manager Kukulski provided an overview of Consent Items 1-6. 06:03:16 PM (00:03:52) Public Comment on Consent Items 1-6. Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 06:03:33 PM (00:04:09)Motion to approve Consent Items 1-6 as submitted. The motion passed 5-0. Deputy Mayor-Cynthia Andrus: Motion Commissioner-I-Ho Pomeroy: 2nd Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner-I-Ho Pomeroy:Approve E. 06:03:56 PM (00:04:32) Public Comment Mayor Taylor opened public comment. 06:04:52 PM (00:05:28)Randy Peters,Public Comment Mr. Peters owns property near the proposed Black Olive project. He and his wife oppose the project, based on the scale of the project. He is concerned of the precedent it will set. He referenced Bozeman Municipal Code. 06:07:50 PM (00:08:26)Mary Vant Hull,Public Comment Ms.Vant Hull presented a 105 signature petition opposing food trucks downtown.She encouraged the Commission to look at the big picture. 06:10:54 PM (00:11:30)Paul Neubauer,Public Comment Mr. Neubauer stated that he is a neighbor impacted by the Black Olive project. He formally suggested that the Commission assert their authority and reclaim the project. 06:12:10 PM (00:12:46)Margaret Bennett,Public Comment Ms. Bennett also lives near the Black Olive and opposes the project.She discussed growth as a whole in Bozeman and that developers are reaping more profits than citizens, and the underlying tension.She encouraged the Commission to slow down. Page 2 of 9 Bozeman City Commission Draft Minutes,October 17,2016 06:14:41 PM (00:15:17)Michelle West Public Comment Ms.West discussed the Black Olive project. She is concerned about the project and parking, and encouraged the Commission to do a downtown parking study. 06:15:25 PM (00:16:01)Jack Raneri, Public Comment Mr. Raneri is a neighbor of the Black Olive project. He discussed the unique nature of downtown Bozeman encouraged the Commission to consider the historic aesthetic. He is also concerned with the quality of the work of the developer. 06:17:34 PM (00:18:10) Public Comment Mayor Taylor closed public comment. F. 06:17:38 PM (00:18:14) Mayoral Proclamation 1. 06:17:49 PM (00:18:25) Family Promise Week Mayor Taylor read the Family Promise Week proclamation and proclaimed October 16tn_22na as Family Promise Week. 2. 06:20:04 PM (00:20:40)American Planning Association's National Community Planning Month Mayor Taylor read the American Planning Association's National Community Planning Month proclamation and proclaimed his thanks for the planning work done in the community. G. 06:22:24 PM (00:23:00)Action Items • 06:22:33 PM (00:23:09) A Zoning Variance Request from the Accessory Building Height Requirements in Section 38.21.050.E.2 of the Bozeman Municipal Code, and a Certificate of Appropriateness to Allow the Completion of a Partially-Constructed Residential Garage with Five Foot Sidewalls Located at 317 North Ida Avenue, Application 16372 (Quasi-judicial) (WerBell) 7a 06:23:10 PM (00:23:46)Staff Presentation Assistant Planner Mitch WerBell entered his staff report on the Ziemer Garage Variance into the record. He discussed the location of the project, property details,the applicant's Certificate of Appropriateness request,the timeline of the project,the proposed site plan,the associated criteria and requirements, public notice, public comment,and the recommendation of staff. 06:28:14 PM (00:28:50)Questions of Staff DM Andrus asked about the reactivation of this proposal, as well as the setbacks granted. CR Pomeroy asked about what was included in the 2005 building permit. Page 3 of 9 Bozeman City Commission Draft Minutes,October 17,2016 CR Krauss asked to clarify that this would bean office, not a dwelling. CR Mehl asked why Mr.WerBell opted not to require the condition that this not be an ADU in the future. He also asked for clarification of the definition of"habitable area" in the staff report. He asked what the time limit is for a COA and how long does the Commission need to honor it. Interim Director Saunders responded in detail. 06:35:35 PM (00:36:11) Public Comment Mayor Taylor opened public comment. 06:35:44 PM (00:36:20) Chuck Adsman,Public Comment Mr.Adsman's property backs up against this property. 06:36:08 PM (00:36:44) Point of Order Mayor Taylor stated that he mistakenly did not allow the applicant speak in the correct order. 06:36:44 PM (00:37:20)Applicant Presentation The applicant discussed the timeline and budget of the project, and the change in the Bozeman Municipal Code.She also noted that the small infill lot precluded her from building a two-car garage.She also stated that she felt it is important to be respectful to the neighbors that are being infilled-upon.She plans on installing a snow burm on the roof. 06:40:27 PM (00:41:03) Questions of Applicant CR Mehl asked the applicant if she had seen the staff report and if she agrees to the conditions. 06:41:02 PM (00:41:38) Public Comment Mayor Taylor opened public comment. 06:41:08 PM (00:41:44)Chuck Adsman,Public Comment Mr.Adsman has lived in his residence for many years, and the infill has only increased recently. He does not have a problem with the original plan, but the extended heights blocks his backyard. 06:42:28 PM (00:43:04)Don Johnson,Public Comment Mr.Johnson discussed his property location and the COA,which is meant to mitigate impacts to adjacent property. He further discussed his concern with ice and snow on the roof, as well as retention systems. He encouraged the Commission to add the retention system to the motion language. 06:49:39 PM (00:50:15) Cynthia Edgeman,Public Comment Ms. Edgeman stated that she does not agree that allowing this variance will increase property values; it does not for her property,which impacts her quality of life. It is not historic to have a two-story garage. She has concerns about the height and drainage of the building. 06:54:17 PM (00:54:53)Applicant Rebuttal Page 4 of 9 Bozeman City Commission Draft Minutes,October 17,2016 The applicant stated that she is in agreement that an adequate snow retention method needs to be built and that she plans to do that. 06:55:46 PM (00:56:22) Public Comment Closed Mayor Taylor closed public comment. 06:55:53 PM (00:56:29)Motion that having reviewed and considered the application materials,public comment, and all the information presented,I hereby adopt the findings presented in the staff report for Application 16372 and move to approve the Ziemer Garage Zoning Variance and Certificate of Appropriateness with conditions and subject to all applicable code provisions. Commissioner-I-Ho Pomeroy: Motion Commissioner-Chris Mehl: 2nd 06:56:26 PM (00:57:02) Discussion CR Pomeroy stated that she understands the neighbors' complaints, but the applicant is happy to work with the neighbors.This is also infill and important. CR Mehl asked if CR Pomeroy would be amenable to a friendly amendment. CR Pomeroy agreed. 06:57:29 PM (00:58:05)Friendly Amendment to add a condition to the Certificate of Appropriateness to require snow slide safety device be installed and maintained. 06:58:24 PM (00:59:00) Discussion Continued CR Mehl supports the project for a variety of reasons. CR Krauss discussed why the Commission hears variances like these, especially regarding infill. He will only vote for this if the snow maintenance is certain. He also noted concern that the City wasn't informed of the shed. DM Andrus concurs with the previous statements, and added that it is in the character of the neighborhood. Mayor Taylor stated he was concerned about the shed, but that shouldn't determine the denial of the variance.The conditions for the variance have been met, he supports the motion. 07:08:03 PM (01:08:39) Vote on the Motion as Amended that having reviewed and considered the application materials,public comment,and all the information presented,I hereby adopt the findings presented in the staff report for Application 16372 and move to approve the Ziemer Garage Zoning Variance and Certificate of Appropriateness with conditions and subject to all applicable code provisions. The motion passed 5-0. Commissioner-I-Ho Pomeroy: Motion Commissioner-Chris Mehl:2nd Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Page 5 of 9 Bozeman City Commission Draft Minutes,October 17,2016 Commissioner-Chris Mehl:Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner-I-Ho Pomeroy:Approve • 07:08:17 PM (01:08:53)A Conditional Use Permit(CUP)to Allow the Sales of Alcohol for On- Premise Consumption in the Sidewinders Restaurant at 780 Boardwalk Avenue, Application 16384(Quasi-Judicial) (Owens) ° c5 07:08:54 PM (01:09:30)Staff Presentation Associate Planner Rebecca Owens entered her staff report into the record. She presented on the Conditional Use Permit Request at the already-approved Sidewinders Restaurant.She discussed the site detail, property layout,floor plan,findings of the criteria, public notice, no public comment, and the recommendation of the DRC. 07:13:54 PM (01:14:30)Questions of Staff CR Mehl asked if anything changed in the floorplan from the initial view. He noted that the conditions of approval varied between this CUP and the upcoming CUP next on the agenda. 07:15:51 PM (01:16:27)Applicant Presentation Karen Caroline, representative for the owner, completely agrees with the staff report and to all the conditions. 07:16:28 PM (01:17:04)Questions of Applicant There were no questions for the applicant. 07:16:39 PM (01:17:15) Public Comment Mayor Taylor opened public comment. There was no public comment. Mayor Taylor closed public comment. 07:16:55 PM (01:17:31)Motion that having reviewed and considered the application materials,public comment, and all the information presented,I hereby adopt the findings presented in the staff report for application 16384 and move to approve the conditional use permit with conditions and subject to all applicable code provisions. Commissioner-Chris Mehl: Motion Commissioner-Jeff Krauss: 2nd 07:17:13 PM (01:17:49) Discussion CR Mehl stated this is straight-forward. He requested that staff come up with a template in the future for all CUPS. CR Krauss noted that there are a lot of people in that area of town, and this is within walking distance. Page 6 of 9 Bozeman City Commission Draft Minutes,October 17,2016 He supports the application. DM Andrus supports the application as the site fits the use. CR Pomeroy is glad to see that area developed, and supports the motion. 07:19:37 PM (01:20:13) Vote that having reviewed and considered the application materials,public comment,and all the information presented,I hereby adopt the findings presented in the staff report for application 16384 and move to approve the conditional use permit with conditions and subject to all applicable code provisions. The motion passed 5-0. Commissioner-Chris Mehl: Motion Commissioner-Jeff Krauss:2nd Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner-I-Ho Pomeroy:Approve 07:19:51 PM (01:20:27)A Conditional Use Permit(CUP)to Allow the Sales of Alcohol for On- Premise Consumption in the Existing Permitted Un-Knotted Restaurant at 708 North Rouse Ave,Application 16383 (Quasi-Judicial) (Rice) �!: 07:20:15 PM (01:20:51)Staff Presentation Associate Planner Mayana Rice entered the staff report into the record. She discussed the site and the Conditional Use Permit request, neighboring land and use,the lack of proposed changes to the site/interior,the findings, public notice, and the recommendation of the DRC and staff, and the five conditions. 07:25:41 PM (01:26:17)Questions of Staff CR Mehl asked about the expansion conditions not present. DM Andrus asked about the hours provided by the applicant. 07:27:18 PM (01:27:54)Applicant Presentation The applicant, Kristin Nelson, noted that the restaurant is very new and agrees with all staff conditions. They respect the neighborhood and don't plan on being disruptive, and have no intention to become a bar or late night. Currently they close at 3:00 PM and would like to extend to 7:00 PM in the future. 07:29:02 PM (01:29:38)Questions of Applicant DM Andrus asked to clarify if they will be closing at 7:00 PM. 07:29:33 PM (01:30:09) Public Comment Mayor Taylor opened public comment. There was no public comment. Page 7 of 9 Bozeman City Commission Draft Minutes,October 17,2016 Mayor Taylor closed public comment. 07:29:51 PM (01:30:27)Motion that having reviewed and considered the application materials,public comment, and all the information presented,I hereby adopt the findings presented in the staff report for application 16383 and move to approve the conditional use permit with conditions and subject to all applicable code provisions. Commissioner-Jeff Krauss: Motion Deputy Mayor-Cynthia Andrus: 2nd 07:30:11 PM (01:30:47) Discussion CR Krauss noted the difficulty of access at the location, but he does support the CUP. He does endorse the idea of incorporating the minutes into the record. DM Andrus does believe the application fits the area and will not have an adverse effect on the public, and she supports the application. CR Pomeroy supports the motion. 07:33:04 PM (01:33:40) Vote that having reviewed and considered the application materials,public comment, and all the information presented,I hereby adopt the findings presented in the staff report for application 16383 and move to approve the conditional use permit with conditions and subject to all applicable code provisions. The motion passed 5-0. Commissioner-Jeff Krauss: Motion Deputy Mayor-Cynthia Andrus: 2nd Commissioner-Jeff Krauss:Approve Mayor-Carson Taylor:Approve Commissioner-Chris Mehl:Approve Deputy Mayor-Cynthia Andrus:Approve Commissioner- I-Ho Pomeroy:Approve H. 07:33:17 PM (01:33:53) FYI/Discussion • Mayor Taylor stated that he was going to put the question of whether the Commission reclaims the Black Olive project on the agenda for next Monday. • City Manager Kukulski noted that Alicia Kennedy is the new Executive Assistant in the City Manager's office. I. 07:34:26 PM (01:35:02)Adjournment Mayor Taylor adjourned the meeting at 7:34 PM. Carson Taylor Mayor Page 8 of 9 Bozeman City Commission Draft Minutes,October 17,2015 of B 02,ATTEST: 7� P 1881 t°6i�a trough �� co. Clerk PREPARED BY: Robin Crough City Clerk Approved on: Kk)kx 1/ 14 , �a(p _ Page 9 of 9