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HomeMy WebLinkAbout05-04-2015 Archive City Commission Minutes Doz. THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday, May 4, 2015 Mayor- Jeff Krauss: Present Deputy Mayor - Carson Taylor: Present Commissioner- Chris Mehl: Present Commissioner- Cynthia Andrus: Present Commissioner- I-Ho Pomeroy: Present Staff Present: Assistant City Manager Chuck Winn, City Manager Chris Kukulski (arriving late) and City Clerk Stacy Ulmen. A - Call to Order-5 p.m. -Commission Room, City Hall, 121 North Rouse Mayor Krauss called the meeting to order at 5 p.m. B. 05:01:22 PM Pledge of Allegiance and a Moment of Silence C. 05:02:06 PM Changes to the Agenda Consent Item 4 will be moved to Action Item 1 because it was not approved unanimously in the past. D. 05:02:36 PM Consent 1. Authorize Payment of Accounts Payable Claims for Goods & Services (LaMeres) 2. Authorize the City Manager to sign a Public Street and Utility Easement as Grantee, with Broadleaf LLC as Grantor, to provide for future extension of Maple Lane across land of the Broadleaf Annexation Public Street and Utility Easement as Grantee, with Broadleaf LLC as Grantor, to provide for future extension of Maple Lane across land of the Broadleaf Annexation(Heaston) 3. Resolution 4600, annexing 0.335 acres located south of Lincoln Road and East of Maple Lane, and authorize the City Manager to sign the Finalized Agreement for the Broadleaf Annexation, Application A14002 (Brekke) 4. Previsiefial-adoption of Ogee 191 amending the City fB,,.,o,,., r High Density Distfiet) for approximately 0.335 aeres of the pr-epefty,-and rezoning of i.63-amazes of the property ftom A 1 zoning May 4, 2015 Bozeman City Commission Minutes `Residential Single Household, Densit-Y DistrieO to R 4 zoning, 1.965 aefes southf T ' 1 Road .1 b t-,won Alder. r A Lane .1 5. Finally Adopt Ordinance 1910, a Text Amendment of the Bozeman Municipal Code to revise Provisions relating to Ghost Signs and related Regulations of such signage, Application Z15036 (Brekke) 6. Professional Services Agreement with Sprout, Inc. for City Median and Grounds Maintenance Services for 2015 (Vandelinder/Woolard) 7. Professional Services Agreement with Data Prose, LLC for Utility Billing Services (Rosenberry) 05:02:53 PM Assistant City Manager Overview of Consent Items Mr. Winn gave an overview of the Consent items. 05:04:59 PM Public Comment Mayor Krauss opened public comment on the Consent items. No person spoke. Mayor Krauss closed public comment. 05:05:10 PM Motion and Vote to approve Consent Items 1-3 and 5-7 as submitted. Deputy Mayor- Carson Taylor:Motion -- Commissioner- I-Ho Pomeroy: 2nd Mayor- Jeff Krauss: Approve Deputy Mqyor - Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve E. 05:05:32 PM Public Comment Mayor Krauss opened public comment. 05:06:07 PM Jerry Pape,Public Comment Mr. Pape spoke in support of Broadband and the efforts of the City. 05:08:09 PM David Kack,Public Comment Mr. Kack spoke on behalf of HRDC. They are celebrating 40 years in service. Mayor Krauss then highlighted the HRDC Proclamation and the services that HRDC has offered the Community. 05:12:02 PM Doug Gale,Public Comment Mr. Gale spoke regarding his prior experience in internet service and that we have underestimated the use of the internet in the past. Page 2 of 16 May 4, 2015 Bozeman City Commission Minutes 05:14:51 PM Eric Fulton,Public Comment Mr. Fulton is an internet provider and a vendor from the Helena area. He spoke regarding Bozeman's internet speed being slow. 05:16:13 PM Richard Wardell,Public Comment Mr. Wardell is an internet provider from the Wyoming area. He spoke regarding his current customer's needs. He is in favor of the project. 05:17:51 PM Public Comment closed Mayor Krauss closed public comment. 05:18:32 PM Mayor Krauss read the Community Action Month Proclamation F. 05:19:17 PM Action Items 05:19:19 PM Consent Item 4. Provisional adoption of Ordinance 1911 amending the City of Bozeman Zone Map to establish an Initial Zoning Classification of R-4 (Residential High Density District) for approximately 0.335 acres of the property, and rezoning of approximately 1.63 acres of the property from R-1 zoning (Residential Single-Household, Low Density District) to R-4 zoning, on 1.965 acres south of Lincoln Road and between Alder Court Lane and Maple Lane, application Z14280 (Brekke) 05:19:56 PM Motion to provisionally adopt Ordinance 1911 amending the City of Bozeman Zone Map to establish an Initial Zoning Classification of R-4 (Residential High Density District)for approximately 0.335 acres of the property, and rezoning of approximately 1.63 acres of the property from R-1 zoning (Residential Single- Household, Low Density District) to R-4 zoning, on 1.965 acres (south of Lincoln Road and between Alder Court Lane and Maple Lane, application Z14280) and zoned as the Broadleaf Zone Map Amendment. 05:20:26 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 05:20:29 PM Vote on the Motion to provisionally adopt Ordinance 1911 amending the City of Bozeman Zone Map to establish an Initial Zoning Classification of R-4 (Residential High Density District)for approximately 0.335 acres of the property, and rezoning of approximately 1.63 acres of the property from R-1 zoning (Residential Single Household, Low Density District) to R-4 zoning, on 1.965 acres (south of Lincoln Road and between Alder Court Lane and Maple Lane, application Z14280) and zoned as the Broadleaf Zone Map Amendment. Commissioner - Chris Mehl: Motion Commissioner- Cynthia Andrus: 2nd Mayor - Jeff Krauss: Disapprove Page 3 of 16 May 4,2015 Bozeman City Commission Minutes Deputy Mayor - Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner-I-Ho Pomeroy: Approve 1. 05:20:50 PM Resolution 4596, authorizing the City Manager to file Articles of Incorporation on behalf of Bozeman Fiber, Inc., a Montana Nonprofit Public Benefit Corporation and, upon its creation, to appoint the Initial Board of Bozeman Fiber, Inc., and to transfer Domain Names to the ownership of Bozeman Fiber, Inc. (Fontenot) 05:20:54 PM Staff Presentation Economic Director Brit Fontenot gave the Staff Presentation for Resolution 4596, authorizing the City Manager to file Articles of Incorporation on behalf of Bozeman Fiber, Inc., a Montana Nonprofit Public Benefit Corporation and, upon its creation, to appoint the Initial Board of Bozeman Fiber, Inc., and to transfer Domain Names to the ownership of Bozeman Fiber, Inc. Consultant Ken Fellman gave his presentation on Bozeman's next steps with this project. 05:35:30 PM Commission Questions for Staff The Staff and Commission discussed prior promotions in other communities, liability, workability, the fact that the City will not be assuming liability, incorporation, Bozeman's self governing powers, litigation by prior systems, the board appointments and the City's control, clarification of the board and their roles, compensation, bylaws, suggestions of the board composition, the experience of the members, the City Manager's power to appoint to the board, financial obligations, what the board will do upon their first meetings and concern of what the board will run on financially. 05:53:35 PM Mike Hedigar,Public Comment Mr. Hedigar spoke in support of the fiber project and asked the Commission to support it. 05:54:35 PM Joe Sawyer,Public Comment Mr. Sawyer spoke regarding his photonics business and that people in his field rely heavily on the internet. He spoke in support. 05:55:55 PM Chris Naumann,Public Comment Mr. Naumann spoke on behalf of the Downtown Association and addressed the money that they have raised to support this project. 05:56:43 PM Daryl Schliem,Public Comment. Mr. Schliem from the Chamber spoke in support of this project. 05:57:28 PM Matt Johnson,Public Comment Mr. Johnson from First Interstate Bank spoke in support of this project. Page 4 of 16 May 4,2015 Bozeman City Commission Minutes 05:58:23 PM Stuart Liedner,Public Comment Mr. Liedner from Prospera spoke in support of this project. 05:59:20 PM Brad Summers,Public Comment Mr. Summers on behalf of the Bozeman School District spoke in support of this project. 05:59:47 PM Public Comment Closed Mayor Krauss closed public comment. 05:59:53 PM Motion to approve Resolution 4596 authorizing the City Manager to file articles of incorporation on behalf of Bozeman Fiber,Inc., a Montana nonprofit public benefit corporation and, upon its creation, to appoint the initial board of Bozeman Fiber,Inc., and to transfer domain names to the ownership of Bozeman Fiber,Inc. Commissioner - Cynthia Andrus: Motion Deputy Mayor- Carson Taylor: 2nd 06:00:16 PM Discussion on the Motion Cr. Andrus stated that this is a critical step in moving forward. She spoke regarding this City handing this off to the members of the Board. Deputy Mayor Taylor spoke in support of the motion and thanked Staff and all in the Community for making this happen. Mayor Krauss spoke regarding the need to arrive at finding a business model. Mayor Krauss spoke regarding the prior CIO of MSU whom he wished was here to see this. Cr. Pomeroy stated that fiber is the railroad to the future. She spoke of her personal experience and has received feedback of slow internet. Cr. Mehl stated that he feels this is the right way to go. This will help Bozeman compete in the job market. He spoke regarding the financial aspects of this project. 06:07:59 PM Vote on the Motion to approve Resolution 4596 authorizing the City Manager to file articles of incorporation on behalf of Bozeman Fiber, Inc., a Montana nonprofit public benefit corporation and, upon its creation, to appoint the initial board of Bozeman Fiber, Inc., and to transfer domain names to the ownership of Bozeman Fiber, Inc. Commissioner - Cynthia Andrus: Motion Deputy Mayor- Carson Taylor: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor- Carson Ta lo�pprove Commissioner - Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve Page 5 of 16 May 4,2015 Bozeman City Commission Minutes 06:08:13 PM Break Mayor Krauss called for a break. 06:16:55 PM Meeting called back to order. 2. 06:17:01 PM Resolution 4597, notifying the Gallatin County Election Administrator of the City's desire to conduct the 2015 City Primary (if held) and the 2015 General Election by Mail Ballot and decision regarding Funding Postage Return Costs (Ulmen) 06:17:48 PM Staff Presentation City Clerk Stacy Ulmen gave the staff presentation for Resolution 4597, notifying the Gallatin County Election Administrator of the City's desire to conduct the 2015 City Primary (if held) and the 2015 General Election by Mail Ballot and decision regarding Funding Postage Return Costs. 06:22:26 PM Questions for Staff The Commission and staff discussed mail ballots, polling places and voter turnout. 06:26:3 8 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 06:26:44 PM Motion to approve Resolution No. 4597 authorizing the Gallatin County Election Administrator to conduct the 2015 Primary (if necessary) and General Elections by mail ballot and pay for the costs of return postage for all mail ballots. Deputy Mayor- Carson Taylor: Motion Commissioner - I-Ho Pomeroy: 06:27:18 PM Commission Discussion on the Motion Deputy Mayor Taylor spoke in support of the motion. Cr. Pomeroy stated that mail ballot is cheaper than polling place. She spoke in support of the motion. Cr. Mehl spoke in support of the motion. Mayor Krauss stated that this was controversial in the past. This promotes voting and is considerate. Gives folks time to sit down and look at the issues and candidates. 06:31:12 PM Vote on the Motion to approve Resolution No. 4597 authorizing the Gallatin County Election Administrator to conduct the 2015 Primary (f necessary) and General Elections by mail ballot and pay for the costs of return postage for all mail ballots. Deputy Mayor- Carson Taylor: Motion Commissioner-I-Ho Pomeroy: Page 6 of 16 May 4,2015 Bozeman City Commission Minutes Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Ta lo�pprove Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner-I-Ho Pomeroy: Approve 3. 06:31:38 PM B-3 Neighborhood Conservation Overlay District Guideline Report(Thomas) 06:31:42 PM Staff Presentation Director of Community Development Wendy Thomas gave the staff presentation for the B-3 Neighborhood Conservation Overlay District Guideline Report. 06:56:41 PM Commission Questions for Staff The Commission and staff discussed the language and implementation with straight design guidelines, the three suggestions and the differences of each, high intensity, the diverse use of materials, clarity, the definition of a single family district, stop gaps, neighborhood character and recommendations on the hard edge around the City. 07:13:54 PM Public Comment Mayor Krauss opened public comment. 07:14:03 PM Chris Naumann,Public Comment Mr. Naumann from the Downtown Partnership spoke regarding the task force process. He spoke regarding being collaborative the guiding principles. The renderings were a bit misleading because they show every building at the maximum height. This is about transitions,not sure if the burden of transition needs to fall on the B-3 District. 07:18:35 PM Brian Caldwell,Public Comment Mr. Caldwell stated that he was part of the task force. He spoke regarding there being progress in what was presented. It is workable and they could meet and address setbacks etc. The diagrams were a bit heavy. 07:22:30 PM Jeff Thompson,Public Comment Mr. Thompson was also part of the task force and agreed with the prior comments. He recommended that the Commission adopt Option 2. 07:25:13 PM Public Comment closed Mayor Krauss closed public comment. 07:25:36 PM Motion that ]caving reviewed and considered the staff report, public comment, and all the information presented, I hereby direct staff to bring Resolution 4598, amending the Bozeman Guidelines for Historic Preservation & the Neighborhood Conversation Overlay District to address impediments to the Page 7of16 May 4, 2015 Bozeman City Commission Minutes redevelopment of the B-3 area outside of the Main Street Historic District, to City Commission for action on May 18, 2015. Commissioner- I-Ho Pomeroy: Motion Commissioner - Chris Mehl: 2nd 07:26:18 PM Discussion on the Motion. Cr. Pomeroy spoke regarding language in the staff report. It is important to attract and invest, and there is a need for downtown prosperity. Cr. Mehl spoke regarding the future and population projections. The idea of the area being constructed to the height is probable. He feels that we should be stepping down and phasing. He spoke regarding the downtown plan. This is broad enough. He has a concern of B-3 to other areas. Mayor Krauss didn't get an option for no design guidelines. He spoke regarding where we want development first. We want to change what we have always done in the 133 District. He would like a little more debate. Deputy Mayor Taylor feels that it is inevitable and probably a good thing. He spoke regarding some of the edges in malting this work. He doesn't want to see the back of buildings without windows in them. Cr. Andrus thanked staff and the Task force for their work. She spoke regarding the need of the downtown plans talking together. There were discussions at the task force meeting regarding what this will look like. There needs to be a defined area for downtown but keeping other areas in mind. She supports option 2. Not sure if May 18th is realistic to happen. She wants to think about how to step down and development downtown. There is a need to come up with something in between. 07:51:05 PM Amendment that staff continue to interpret Option I meaning the Building Form and Solid to Void Ratio as they do now. Commissioner - Chris Mehl: Motion Deputy Mayor- Carson Taylor: 2nd 07:51:28 PM Commission Discussion on the Amendment Cr. Mehl stated that this is confirming what is already happening. Cr. Andrus thinks that it would be great if the staff would do more than take notes, but they should be involved and when they come back, everyone is agreeing. A conversation between the staff and the task force is important. Mayor Krauss is not sure that he supports this amendment. He spoke regarding the process for historic structures. We shouldn't be placing emphasis on existing 133 but rather the future 133. 07:55:26 PM Vote on the Amendment that staff continue to interpret Option 1 meaning the Building Form and Solid to Void Ratio as they do now. Commissioner- Chris Mehl: Motion Deputy Mayor- Carson Taylor: 2nd Page 8 of 16 May 4, 2015 Bozeman City Commission Minutes Mayor- Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve 07:55:41 PM Amendment to the Main Motion that the matrix be changed in the resolution (Recommendation 2) as staff presented Commissioner- Chris Mehl: Motion Commissioner - I-Ho Pomeroy: 07:56:04 PM Discussion on the Motion 07:57:20 PM Vote on the Amendment to the Main Motion that the matrix be changed in the resolution (Recommendation 2) as staff presented Deputy Mayor - Carson Taylor: Motion Commissioner- Cynthia Andrus: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve 07:57:34 PM Amendment to the Main Motion that Option 3 be included in the final Resolution and a deadline be within that Resolution for Option 3, a new set of downtown specific design standards and guidelines. 07:58:15 PM Commission discussion on the Amendment Cr. Mehl endorses that a comp plan be done and set the plan and he wants this resolution to include Option 3. 08:01:03 PM Vote on the Amendment to the Main Motion that Option 3 be included in the final Resolution and a deadline be within that Resolution for Option 3, a new set of downtownn specific design standards and guidelines. Commissioner - Chris Mehl: Motion Commissioner - Cynthia Andrus: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Taylor: pprove Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve Page 9 of 16 May 4,2015 Bozeman City Commission Minutes 08:01:16 PM Amendment to the Main Motion that Staff pursue Option 2 as part of this resolution, and to engage in conversations and make sure that everyone is talking to each other but also knowing that there is a possibility that there may be two versions a staff report or from the task force. 08:01:49 PM Commission Discussion on the Motion 08:03:54 PM Vote on Amendment to the Main Motion that Staff pursue Option 2 as part of this resolution, and to engage in conversations and make sure that everyone is talking to each other but also knowing that there is a possibility that there may be two versions a staff report or from the task force. Commissioner- Chris Mehl: Motion Commissioner- Cynthia Andrus: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Approve Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve 08:04:10 PM Vote on the Main Motion that having reviewed and considered the staff report,public comment, and all the information presented,I hereby direct staff to bring Resolution 4598, amending the Bozeman Guidelines for Historic Preservation & the Neighborhood Conversation Overlay District to address impediments to the redevelopment of the B-3 area outside of the Main Street Historic District, to City Commission for action on May 18, 2015 as amended. Commissioner-I-Ho Pomeroy: Motion Commissioner- Chris Mehl: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve 4. 08:05:23 PM Conditional Use Permit Application for the Property located at 34 North Bozeman Avenue, proposing a New Bar/Restaurant Tenant Space with On-premises Consumption of Alcohol, a Secondary Tenant Space for Retail use, and minor Window and Door Alterations to the Existing Building, Grey Dog On-Premises Consumption Application Z14341(Quasi Judicial) (Brekke) Page 10 of 16 May 4,2015 Bozeman City Commission Alinutes 08:05:35 PM Staff Presentation Staff Planner Allison Brekke gave the staff presentation for a Conditional Use Permit Application for the Property located at 34 North Bozeman Avenue, proposing a New Bar/Restaurant Tenant Space with On-premises Consumption of Alcohol, a Secondary Tenant Space for Retail use, and minor Window and Door Alterations to the Existing Building, Grey Dog On-Premises Consumption Application Z14341. 08:10:17 PM Commission questions for Staff None. 08:10:29 PM Applicant Presentation The Applicant representative stated that they were available for questions. 08:10:49 PM Commission questions for the Applicant The Commission and the applicant representative spoke regarding the bar hours and signage. 08:12:11 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 08:12:24 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 Z14341 and move to approve the Grey Dog On-Premises Consumption Conditional Use Permit to allow for a restaurant with on- premises consumption of alcohol in bar/restaurant tenant space within the building addressed as 34 North Bozeman Avenue with recommended conditions and subject to all applicable code provisions. Commissioner - Chris Mehl: Motion Commissioner - Cynthia Andrus: 2nd 08:13:02 PM Commission discussion on the Motion None. 08:13:08 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 Z14341 and move to approve the Grey Dog On Premises Consumption Conditional Use Permit to allow for a restaurant with on premises consumption of alcohol in bar/restaurant tenant space within the building addressed as 34 North Bozeman Avenue with recommended conditions and subject to all applicable code provisions. Commissioner- Chris Mehl: Motion Commissioner- Cynthia Andrus: 2nd Page 11 of 16 May 4, 2015 Bozeman City Commission Minutes Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner-I-Ho Pomeroy: Approve 5. 08:13:33 PM Snowfill Parking Expansion and Restroom, a Site Plan Application with a Variance for the Proposed Construction of a 9 Stall Expanded Parking Lot with addition of Trail Entrance and Gate and Restroom Facility, addressed as 2143 Story Mill Road but the Project is located Adjacent to McIllhattan Road 3,200 feet North of the Intersection of St. Andrews Drive, Application Z15069 (Quasi Judicial) (Saunders) 08:14:19 PM Staff Presentation Assistant Planning Director Chris Saunders gave the staff presentation for the Snowfill Parking Expansion and Restroom, a Site Plan Application with a Variance for the Proposed Construction of a 9 Stall Expanded Parking Lot with addition of Trail Entrance and Gate and Restroom Facility, addressed as 2143 Story Mill Road but the Project is located Adjacent to McIllhattan Road 3,200 feet North of the Intersection of St. Andrews Drive, Application Z15069. 08:20:51 PM Commission questions for Staff The Commission and staff discussed dog management, sidewalks, fencing, petition roads, the prior Public Work's Director's concerns, ADA parking, the lack of paved areas, the lack of public facilities, the legal description of the road and the need to re-survey it and maintenance of the restroom and the times that it will be open. 08:30:41 PM Applicant Presentation The Applicant representative gave their presentation regarding the Snowfill Parking Expansion and Restroom, a Site Plan Application with a Variance for the Proposed Construction of a 9 Stall Expanded Parking Lot with addition of Trail Entrance and Gate and Restroom Facility, addressed as 2143 Story Mill Road but the Project is located Adjacent to McIllhattan Road 3,200 feet North of the Intersection of St. Andrews Drive, Application Z15069. The GVLT has already made some improvements and have raised money for future improvements. 08:34:28 PM Commission questions for the Applicant None. 08:34:40 PM Public Comment Mayor Krauss opened public comment. 08:34:48 PM Randy Muck,Public Comment Mr. Muck thanked staff and the GVLT and spoke in support of this project. Page 12 of 16 May 4,2015 Bozeman City Commission Minutes 08:35:27 PM Deborah Kimbell Robinson,Public Comment Ms. Robinson spoke regarding the need for a restroom and a parking lot. She spoke in support of the park. 08:37:21 PM Public Comment Mayor Krauss closed public comment. 08:37:28 PM Motion that having reviewed and considered the application materials, staff report,public comment, and all of the information presented, I hereby adopt the findings presented in the staff report for application Z15069 and further move to approve the variance from Section 38.24.080 of the Bozeman Municipal Code, to defer installation of a sidewalk along Mcllthattan Road Commissioner- Cynthia Andrus: Motion Deputy Mayor - Carson Taylor: 2nd 08:37:58 PM Commission discussion on the Motion Cr. Andrus stated it doesn't make sense to build a sidewalk and spoke in support of the motion. Deputy Mayor Taylor spoke regarding the need to determine where the road is. Cr. Pomeroy we need more parking area and a restroom. Cr. Mehl thanked GVLT to get us this far and the public comment. He is hoping that we can be neighborly. He spoke regarding variances. Mayor Krauss stated that this is a temporary use. Financial hardships are not a reason to grant a variance. The location of the road in the future will need to be determined. 08:48:11 PM Vote on the Motion that having reviewed and considered the application materials, staff report,public comment, and all of the information presented, I hereby adopt the findings presented in the staff report for application Z15069 and further move to approve the variance from Section 38.24.080 of the Bozeman Municipal Code, to defer installation of a sidewalk along 1MIclllhattan Road Commissioner - Cynthia Andrus: Motion Deputy Mayor- Carson Taylor: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Taylor: pprove Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve 08:48:25 PM Break Mayor Krauss declared a break. 08:57:59 PM Meeting called back to order Mayor Krauss called the meeting back to order. Page 13 of 16 May 4, 2015 Bozeman City Commission Minutes 6. 08:58:21 PM A Special Temporary Use Permit to allow an Accessory Dwelling Unit (ADU) independent of a Principal Residence for a fixed time located at 402 W Koch Street, Application T15003 (Quasi Judicial) (Saunders) 08:58:27 PM Staff Presentation Assistant Planning Director Chris Saunders gave the staff presentation for A Special Temporary Use Permit to allow an Accessory Dwelling Unit (ADU) independent of a Principal Residence for a fixed time located at 402 W Koch Street, Application T15003. 09:02:17 PM Commission questions for Staff The Commission and staff discussed the date that this was submitted, disclosures of discussions, the temporary dwelling expiration, the accessory structure, building inspections, safety, what was approved in April,the condition related to a kitchen facility, enforcement, the building inspection records, the definition of Accessory Building and Dwelling per the Bozeman Municipal Code. 09:29:48 PM Applicant Presentation The Applicant gave the Applicant Presentation regarding A Special Temporary Use Permit to allow an Accessory Dwelling Unit (ADU) independent of a Principal Residence for a fixed time located at 402 W Koch Street, Application T15003. 09:36:35 PM Commission questions for Applicant The Commission and Applicant discussed the public comment processes, the conditions of approval, the intent of the ADU, prior action by the Commission in 2014 and the applicant's intent. 09:51:54 PM Public Comment Mayor Krauss opened public comment. No person spoke. 09:52:19 PM Continued Commission discussion The Staff and Commission discussed the process that occurs with Accessory Dwelling Units. 09:56:16 PM Rules Suspended Mayor Krauss suspended the rules for 10 minutes. 09:56:35 PM Motion that having reviewed and considered the application materials, staff report,public comment, and all the information presented,for application STUP TI50031 I hereby adopt the findings in the staff report and move to approve the Special Temporary Use Permit for an Accessory Dwelling Unit at 402 W Koch Street with conditions and subject to all applicable code provisions. Page 14 of 16 May 4,2015 Bozeman City Commission Minutes Deputy Mayor - Carson Taylor: Motion Commissioner - I-Ho Pomeroy: 2nd 09:57:24 PM Commission discussion on the Motion Deputy Mayor Taylor stated that the concern is over the standard and in his mind this is temporary. Cr. Pomeroy stated that she will support this motion. They need this why they are building their house. Cr. Andrus spoke regarding her feelings about the reason behind this. She is concerned about precedent. She cannot apply all of the findings to say yes. She is opposed. Cr. Mehl stated this is a difficult situation to tell someone that they can't live at their property. He doesn't see how this meets the standards. He doesn't feel the criteria is filled. He is opposed. Mayor Krauss spoke regarding the difficulty of driving a family from their home. 10:10:42 PM Vote on the Motion that having reviewed and considered the application materials, staff report, public comment, and all the information presented, for application STUP T15003, I hereby adopt thefindings in the staff report and move to approve the Special Temporary Use Permit for an Accessory Dwelling Unit at 402 W Koch Street with conditions and subject to all applicable code provisions. Deputy Mayor- Carson Taylor: Motion Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Approve Commissioner - Chris Mehl: Disapprove Commissioner - Cynthia Andrus: Disapprove Commissioner - I-Ho Pomeroy: Approve G. FYI/Discussion 1. May Early Meeting Start Time Reminders (Ulmen) 2. July 6ch Possible Commission Meeting Cancellation (Ulmen) H. 10:11:11 PM Adjournment Mayor Krauss adjourned the meeting at 10:11 p.m. Jeffrey K.Krauss OV . f, TTEST:. qq sf� r,T St�G3' UlIll@11� C Page 15 of 16 May 4, 2015 Bozeman City Commission Minutes PREPARED BY: Clj/I 2 Stacy Ulmen, CMC City Clerk Approved on: Page 16 of 16