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Home My WebLink About2. 10-27 Minutes Page 1 of 7 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, October 27, 2014 For the minutes linked to the video please visit: http://www.avcaptureall.com/Sessions.aspx#session.9f81deeb-4b86-492a-8774- a781ff585ccd Mayor - Jeff Krauss: Present Deputy Mayor - Carson Taylor: Present Commissioner - Chris Mehl: Present Commissioner - Cynthia Andrus: Present Commissioner - I-Ho Pomeroy: Present Staff Present: City Manager Chris Kukulski, City Attorney Greg Sullivan and City Clerk Stacy Ulmen. A. 06:01:20 PM Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse Mayor Krauss called the meeting to order at 6:01 p.m. B. 06:01:26 PM Pledge of Allegiance and a Moment of Silence C. 06:02:16 PM Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. Mr. Kukulski stated no. D. 06:02:22 PM Public Service Announcement – Election Day Information (Ulmen) E. 06:04:53 PM Minutes – October 13, 2014 06:04:57 PM Motion and Vote to approve the minutes of October 13, 2014 as submitted. Commissioner - Chris Mehl: Motion Commissioner - Cynthia Andrus: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve 5 Minutes of the Bozeman City Commission, October 27, 2014 Page 2 of 7 Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve F. 06:05:08 PM Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Appoint Administrative Service Director Anna Rosenberry to the MMIA Board of Directors to serve a term of two years, effective October 27, 2014 (Kukulski) 3. American Medical Response Safety-Net and Back-up Ambulance Services Agreement (Shrauger) 4. Professional Services Agreement with Gaston Engineering & Surveying, Inc. for Capital Improvements Field Survey (Murray) 5. Professional Services Agreement with Open Window Consulting for Development Review Fee Study (Thomas) 6. Professional Services Agreement with Allied Engineering Services, Inc. to complete Stream Bank Stabilization Design and Permitting Services for two locations on Bozeman Creek between East Babcock Street and the Alley South of Main Street (Heaston) 7. Resolution 4568, amending Resolution 4497 by authorizing an increase to the Maximum Incentive Amount from $1,500 to $2,500 available to City of Bozeman Businesses through the Bozeman Energy Project (Meyer) 8. Final Adoption of Ordinance 1899 to amend the Zoning Map to change the Zoning on 5.902 acres from B-1 Neighborhood Business District to B-2 Community Business District, located at 2632 Catron Street and 3070 N. 27th Avenue, Application Z14188 (Saunders) 06:10:31 PM Public Comment Mayor Krauss opened public comment on the Consent Agenda. No person commented. Mayor Krauss closed public comment. 06:10:39 PM Motion and Vote to approve Consent Items F. 1-8 as submitted. Commissioner - Cynthia Andrus: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve G. 06:11:08 PM Public Comment Mayor Krauss opened General Public Comment. 06:11:50 PM Jeff Rupp, Public Comment Mr. Rupp, President of the local HRDC stated that Streamline Transportation was one of five recipients of the 2014 FTA “Administrator’s Award for Outstanding Public Service”. 6 Minutes of the Bozeman City Commission, October 27, 2014 Page 3 of 7 Also the Montana Board of Housing will be hearing their Tax Credit item on November 17th which is a very competitive process. Mr. Rupp asked if Commission members could attend this meeting because there is a need for local official standpoints at the hearing. 06:16:09 PM Public Comment closed. Mayor Krauss closed comment. H. 06:16:11 PM Action Items 1. 06:16:14 PM Fleming Addition and Second Dwelling Unit Sketch Plan Certificate of Appropriateness as well as Deviations from Section 38.08.050.A.1.b to encroach up to 14 feet into the 20 foot setback along College Street, located at the South East Corner of West College Street and South 6th Avenue Application Z14302 (Kramer) 06:16:47 PM Staff Presentation Staff Planner and Historic Preservation Officer Courtney Kramer gave the staff presentation for the Fleming Addition and Second Dwelling Unit Sketch Plan Certificate of Appropriateness as well as Deviations from Section 38.08.050.A.1.b to encroach up to 14 feet into the 20 foot setback along College Street, located at the South East Corner of West College Street and South 6th Avenue Application Z14302. 06:19:44 PM Commission Questions for Staff The Commission and Staff discussed location, intrusive language from 1984, current setbacks, current Historic Preservation policy, location of the property line, current height, estimates height increase, the existing lilac hedge, the existing R-2 zoning, College street and neighbor concerns of a prior project that was built. 06:28:49 PM Applicant Presentation The owner of the Property gave the staff presentation for the Fleming Addition and Second Dwelling Unit Sketch Plan Certificate of Appropriateness as well as Deviations from Section 38.08.050.A.1.b to encroach up to 14 feet into the 20 foot setback along College Street, located at the South East Corner of West College Street and South 6th Avenue Application Z14302. 06:30:17 PM Commission Questions for Applicant The Commission and Applicant discussed the existing lilac hedge, what the project would look like without it, considerations of a smaller deck and design. 06:33:21 PM Public Comment Mayor Krauss opened public comment. 06:33:37 PM Chris Thomas, Public Comment Ms Thomas of 719 South 6th stated that this is in her view shed. Has a concern with height. 7 Minutes of the Bozeman City Commission, October 27, 2014 Page 4 of 7 06:34:40 PM Public Comment closed Mayor Krauss closed public comment. 06:34:47 PM 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 Z14302 and move to approve the requested deviation from Section 38.08.050.A.1.b to allow 8 linear feet of new residential space and 29 linear feet of new garage space to encroach up to 6 feet into the required 20 foot front yard setback. Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Carson Taylor: 2nd 06:35:33 PM Commission Discussion on the Motion. Cr. Pomeroy stated that this project will be good. Other properties in the area encroach. This is good infill. Deputy Mayor Taylor stated that he is ok with this motion. Cr. Mehl stated that in regards to height, its only minimal and he is he is ok with it. Cr. Andrus stated that she supports this motion. She was concerned about the height but is glad it is not as high as the house across the street. Mayor Krauss stated that this is a significant change on the lot but it is appropriate for the neighborhood. He is struggling with this but there is a precedent already in that area. If we fix street to make it compatible, it will most likely impact properties. 06:41:37 PM Vote on the 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 Z14302 and move to approve the requested deviation from Section 38.08.050.A.1.b to allow 8 linear feet of new residential space and 29 linear feet of new garage space to encroach up to 6 feet into the required 20 foot front yard setback. Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Carson Taylor: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 06:41:54 PM 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 Z14302 and move to approve the requested deviation from Section 38.08.050.A.1.b to allow 54 linear feet of new front porches and decks to encroach up to 14 feet into the required 20 foot front yard setback. 8 Minutes of the Bozeman City Commission, October 27, 2014 Page 5 of 7 Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Carson Taylor: 2nd 06:42:41 PM Commission Discussion on the Motion Cr. Pomeroy stated that she supports this motion. Deputy Mayor Taylor stated that he is worried about getting that close to the street. The lilac works perfectly for a barrier. Cr. Mehl wondered if a condition of approval for landscaping could take place. Ms. Kramer stated yes and that the Commission could approve a vegetative buffer. Cr. Andrus stated that this is an eclectic neighborhood. She is concerned about the size of the encroachment. Mayor Krauss stated that we could do sharrows on the street if improved, with the understanding that this is a snow route. 06:47:57 PM Amendment to the Motion to add a third condition that “there shall be” a vegetative boundary in the current area that exists now. Commissioner - Chris Mehl: Motion Deputy Mayor - Carson Taylor: 2nd 06:48:31 PM Commission Discussion on the Motion Cr. Mehl stated that the reason for the amendment is because this property is much more into the setback than the other areas. He spoke regarding College Street. Deputy Mayor Taylor spoke regarding the future and is open to adding language. Mayor Krauss spoke regarding recognizing the nature of the street. It is likely to change in the future. 06:53:36 PM Vote on the Amendment to the Motion to add a third condition that “there shall be” a vegetative boundary in the current area that exists now. Commissioner - Chris Mehl: Motion Deputy Mayor - Carson Taylor: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 06:54:06 PM Commission discussion on the Motion 06:54:35 PM 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 Z14302 and move to approve the requested deviation from Section 38.08.050.A.1.b to allow 54 linear feet of new front porches and decks to encroach up to 14 feet into the required 20 foot front yard setback. 9 Minutes of the Bozeman City Commission, October 27, 2014 Page 6 of 7 Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Carson Taylor: 2nd Mayor - Jeff Krauss: Disapprove Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 06:54:45 PM 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 Z14302 and move to approve the Sketch Plan and Certificate of Appropriateness with conditions and subject to all applicable code provisions. Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Carson Taylor: 2nd 06:55:20 PM Commission Discussion on the Motion Cr. Pomeroy feels that the character shall be preserved. Deputy Mayor Taylor stated that staff has done well with putting together the nature of this change. Cr. Mehl stated that he likes the design. Mayor Krauss stated that history happens now. 06:59:04 PM Vote on the 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 Z14302 and move to approve the Sketch Plan and Certificate of Appropriateness with conditions and subject to all applicable code provisions. Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Carson Taylor: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve I. 06:59:25 PM FYI/Discussion 1. City Manager Evaluation, sending out in Word form vs PDF. It can be changed. 2. Fire at Heritage Christian School. Thank you to responders and to all that stepped forward to assist. 10 Minutes of the Bozeman City Commission, October 27, 2014 Page 7 of 7 3. Litigation Session on November 10th. J. 07:03:04 PM Adjournment Mayor Krauss adjourned the meeting at 7:03 p.m. ______________________________ Jeffrey K. Krauss Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC City Clerk 11