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HomeMy WebLinkAbout2005-02-22 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA Tuesday, February 22,2005 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Tuesday, February 22,2005, at 7:00 pm. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of Public Service Debbie Arkell, Director of Finance Anna Rosenberry, Planning Director Andy Epple, Acting City Attorney Tim Cooper, and Deputy Clerk of the Commission Karen DeLathower. The meeting was opened with the Pledge of Allegiance and a moment of silence. City Manager Kukulski requested that award of the bid for the second floor remodel at the Professional Building be removed from this agenda and placed on the March 7 agenda. Minutes - February 7 and February 14. 2005 It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes of the meetings of February 7 and February 14, 2005 be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Commissioner Kirchhoff was absent from the voting. Consent Items City Manager Kukulski presented to the Commission the following Consent Items. Authorize City Manac;Jer to sign - Annexation Aareement with Carl Vandermolen and Fairview Investments. LLC. for annexation of 40.22 acres described as Tract 1 and Tract 2. COS 1256 (lving alona south side of Baxter Lane west of North 19th Avenue) Commission Resolution No. 3774 - Annexina 40.22 acres described as Tract 1 and Tract 2, COS 1256 (lving alona south side of Baxter Lane west of North 19th Avenue) Ordinance No. 1627 - establishina an initial municipal zonina desianation of "R-4", Residential Hiah-Density. on 40.22 acres described as Tract 1 and Tract 2. COS 1256 (lving alona south side of Baxter Lane west of North 19th Avenue): provisionallv adopt and brina back in two weeks for final adoption Authorize Mavor to sian - Findings of Fact and Order - Preliminary Plat for one lot minor subdivision to subdivide 20.11 acres described as Tract 2. COS 1256 into 9.24-acre residential lot. with remainder - Carl Vandermolen Approval of Final Plat for Vandermolen Minor Subdivision - subdivide 20.11 acres described as Tract 2. COS 1256. into 9.24-acre residential lot. with remainder (P-05003) Commission Resolution No. 3775 - Authorize Citv Manager to sign Change Order No. 2 for Sourdough Bvpass Proiect - decrease amount bv $6,170.50 - Williams Plumbing and Heating. Incoo Bozeman. Montana 02-22-05 -2- Authorize City Manaaer to sian - Amendment No. 6 to Professional Services Aareement for Lvman Creek Reservoir Proiect - increase amount bv $5.691.49 - HKM Enaineerina, Bozeman. Montana Authorize Citv Manaaer to sian - Acceptance of Temporarv Construction Permit - Parcel 22, North 19th AvenueNallev Center Road Proiect (three parcels located in Tract B-1. COS 1827. alona east side of Valle v Center Road) - Yellowstone Manaaement. Grand Forks. North Dakota Authorize Citv Manaaer to sian - Acceptance of Public Street Easement - a trianaular piece 50 feet bv 18 feet at the southeast corner of Lot 3, Gallatin Center Subdivision Phase 1 - First Interstate Bank, Billinas. Montana Authorize Citv Manaaer to sign - Acceptance of Temporarv Construction Permit - Parcel 4. North 19th AvenueNallev Center Road Proiect (12-foot wide strip adiacent to and north of public street easement) - First Interstate Bank. Billinas. Montana Authorize Citv Manaaer to sian - Acceptance of Public Street Easement - a trianaular piece 6 foot bv 40 foot in the southwest corner of Lot 1. Tract 3, Gardner- Simmental Plaza - Boie and Kindt Partnership. Bozeman. Montana Authorize Citv Manaaer to sian - Acceptance of Temporarv Construction Permit - Parcel 7. North 19th AvenueNallev Center Road Proiect (9-foot wide strip adiacent to and north of public street easement) - Boie and Kindt Partnership. Bozeman, Montana Authorize Citv Manager to sign - Acceptance of Temporarv Construction Permit - Parcel 19. North 19th AvenueNallev Center Road Proiect (three parcels within Tract A-1. COS 1827 A. alona the west side of Vallev Center Road) - Cape- France Enterprises. Bozeman. Montana Authorize Citv Manager to sian - Contract Aareement for creation of bicvcle route map - Kestrel Designs. Bozeman. Montana Authorize Citv Manaaer to sian - Water Pipeline and Access Easement and Aareement for Hvalite Transmission Main Proiect - 30-foot wide strip throuah Tract 1 and Tract 3. COS 392 - Steven and Marianne Liebmann Authorize Citv Manaaer to sian - Water Pipeline Easement Purchase and Construction Agreement for Hvalite Transmission Main Proiect - 30-foot wide strip throuah Tract 1 and Tract 3. COS 392 - Steven and Marianne Liebmann Authorize Citv Manaaer to sian - Water Pipeline Construction Aareement for Hvalite Transmission Main Proiect - a temporary easement 20 feet wide - Nickelson Familv Revocable Livina Trust Authorize Citv Manaaer to sian - Acceptance of Water Pipeline and Access Easement Aareement for Hvalite Transmission Main Proiect - a 30-foot wide easement across the dedicated park area of Hodaeman Canvon Subdivision - Gallatin Countv. Montana Authorize Citv Manaaer to sian - Water Pipeline Easement Purchase and Construction Agreement for Hvalite Transmission Main Proiect - 30-foot wide easement across the dedicated park area of Hodaeman Canvon Subdivision - Gallatin County, Montana Authorize Citv Manaaer to sian - Release and Reconvevance of Easement (unused easement for Hvalite Transmission Main Proiect) - Dedicated park area of Hodaeman Canvon Subdivision - City of Bozeman. Montana 02-22-05 - 3- Authorize Citv Manager to sian - Communitv Development Block Grant Contract No. MT -CDBG-05-PF-01 for Reach. Inc. Work Center Authorize Mavor to sign - Letter of Support for HRDC's Home Grant application - to rehabilitate two houses Authorize expenditure of $1.959.12 as partial reimbursement for costs billed bv the State of Montana Department of Environmental Qualitv for the Bozeman Solvent Site for the period from Julv 1. 2004 through September 30. 2004 Award bid for 2005 rear load refuse packer for Solid Waste Division - Kois Brothers Equipment Companv. Billinas, Montana - in the amount of $46.772 Award bid for remodel of second floor of the Alfred M. Stiff Professional BuildinQ - Ingram-Clevenger, Inc., Helena. Montana - in the amount of $152.798 Award bid for 2005 Caterpillar Model 430D loader/backhoe for Water/Sewer Department - Tractor and Equipment Companv. Billinas. Montana - in the amount of $84.924 Award bid for 2005 Combination Vacuum/Sewer-Jetter truck for Water/Sewer Department - Maric Sales. West Jordan. Utah - in the amount of $255.593 Approval of Depository Bonds and Pledaed Securities as of December 31. 2004 as reviewed bv Commissioner Krauss and Commissioner Younaman Acknowledae receipt of second auarterlv update on coals for Clerk of Commission's office for FY 2005 Claims It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Commission approve the Consent Items as listed and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No, none. Commissioner Kirchhoff was not present for the voting. Public comment Wrenn Bade, 304 South Ninth Avenue, addressed the Commission regarding the ice rink at Bogert Pavilion, saying the ice needs to be cared for and maintained. She suggested that several of the parks need additional maintenance, and park maintenance should be a priority so the parks can be used to their maximum potential. Annexation of 1.84 acres at 780 Manlev Road - Bozeman BuildinQ Traditions (A-04016) This was the time and place set for the public hearing on the annexation of 1 .84 acres located in the Southwest one-quarter of Section 31, Township 1 South, Range 6 East, Montana Principal Meridian. The subject property is located immediately north of the East Gallatin Recreation Area pond and is known as 780 Manley Road. Public hearing Mayor Cetraro opened the publiC hearing. Planner Kozub presented the staff report. She reviewed this application requesting annexation in order to extend municipal water and sewer infrastructure to the property. Staff has received seven letters in response to the annexation and zone map amendment proposals. Planner Kozub noted that staff has reviewed this application in light of the goals and policies set forth in Commission Resolution No. 3137, and 02-22-05 -4- staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded the recommendation that the annexation be approved subject to the fOllowing items being addressed prior to, or in conjunction with, the annexation agreement: 1. If the on-site ditch is used as an agricultural water user facility or for some other purpose including overflow or drainage, appropriate easements shall be filed prior to annexation in accordance with Section 18.42.060 "Easements." 2. If applicable, prior to annexation, boundary determinations shall be prepared for all wetlands on the property to be annexed in accordance with Section 18.56.050 "Wetlands Mapping." 3. The owner shall record with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvements Districts to be filed with the Annexation Agreement for the following: a. A City-wide Parks Maintenance District b. Manley Road improvements The documents filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the said improvements on a fair share, proportionate basis such as square footage, taxable valuation of the property, traffic contribution from the development, or a combination thereof. 4. At the time of annexation, the landowners shall pay all street and fire impact fees that are attributable for the existing residence. At the time of connection to the City's water and sewer facilities, the landowners shall pay all applicable water and sewer impact fees. The applicants should be made aware that at the time of any further development on the properties, the landowners and their successors shall pay all additional impact fees required by Chapter 3.24, Bozeman Municipal Code. 5. Water rights, or cash in lieu thereof, shall be paid to the City prior to City acceptance of the annexation agreement. 6. The final annexation map and legal metes and bounds descriptions shall include the full width of all adjacent rights-of-way. Note that the metes and bounds descriptions for adjacent rights-of-way must be described separately from that of the parcel. The applicant is responsible for obtaining any required affidavits or signatures from the Montana Department of Transportation (MDT) and/or Gallatin County. 7. The annexation agreement, which addresses all terms placed on the annexation application by the City Commission, shall be returned to the City of Bozeman Planning & Community Development Department within one year of a City Commission decision to annex the property, or annexation approval shall be null and void. 8. The applicants shall submit an annexation map, titled "Manley Road Annexation," with a legal description of the property for use with the Annexation Agreement. The map must show the existing public utilities (water, sewer, roadways and storm drainage), improvements on the property, adjacent developments (SUbdivision name, block and lots), rights-of-way, and public easements within and adjacent to the property. The map must be supplied on an: 1.) 18-inch by 24-inch mylar for City records; (2.) a reduced 8~-inch x 11- or 14-inch exhibit for filing with the Annexation Agreement with the County Clerk and Recorder; and 3.) a digital copy for the City Engineer's Office. This map must be acceptable to the Director of Public Service and the City Engineer's office and shall be submitted with the signed Annexation Agreement. 02-22-05 -5- 9. The annexation agreement shall include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the property, in accordance with the City of Bozeman's infrastructure master plans and all City policies that may be in effect at the time of development. 10. The Montana Department of Fish, Wildlife, and Parks shall be contacted by the applicant regarding any proposed ditch/stream relocation and any required permits (Le., 310, 404, turbidity exemption, etc.) shall be obtained prior to final site plan/subdivision approval. 11. Prior to any development of the subject annexation, a stormwater drainage and grading plan shall be provided to, and approved by, the City Engineer. The plan must demonstrate that adequate treatment of runoff from the public streets and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details (including basin sizing calculations and basin typical sections), outlet structure details, and culvert capacity calculations. The plan must also locate and provide easements for adequate drainageways within the annexation area to transport treated runoff to the stormwater receiving channel. 12. Prior to any development of the subject annexation, the new street shall be constructed to follow the City of Bozeman Local Street Standards with a 31 foot back of curb to back of curb width. However, sidewalk will only need to be constructed on the north side of the street because of the street's close proximity to the East Gallatin Recreation Area. 13. A pUblic access easement of 60 feet will be required for the construction of the new street. 14. Upon annexation and availability of service, any existing residences/ businesses on the property must be connected to City water and sewer utilities. The existing on-site treatment systems must be properly abandoned and certification provided showing the abandonment has occurred. Any wells presently used for domestic purpose can be retained for irrigation only, with no physical connection to domestic water piping. 15. Plans and specifications for any water, sewer and/or storm sewer main extensions, and public or private streets (including curb, gutter and sidewalks) prepared by a professional engineer shall be provided to, and approved by, the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. No building permits will be issued prior to City acceptance of the infrastructure improvements. 16. The applicants shall submit an easement for 15 additional feet of right-of-way along Manley Road. Manley Road is designated as a future collector and requires 90 feet of right of way. Ed Adamson, Bozeman Building Traditions, read his prepared remarks into the record. Their intent is to create a five-lot minor subdivision; a small development with extensive landscaping and full-time residents, which will be an asset to the city. His asking price for the land is the normal sales price required to address his costs. He has now terminated discussions regarding the sale of the property as the funds are not available to the interested parties. The city is rapidly expanding, and the area along Griffin Drive and Bridger Canyon Road has several subdivision proposals in the works. Mr. Adamson said he doesn't see how his less than two-acre subdivision will compromise the quality of the existing area any more than 02-22-05 - 6- these proposed developments. They have no intention of obstructing any park features, nor the watercourses or pond. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that staff be directed to bring back an annexation agreement for the annexation of 1.84 acres located at 780 Manley Road, subject to those items listed being addressed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none. Zone Map Amendment - establish an initial municipal zonina designation of R-1, Residential Sinale- Household. Low Densitv, on 1.84 acres at 780 Manlev Road - Bozeman Building Traditions (Z-04292) This was the time and place set for the public hearing on the Zone Map Amendment requested by Bozeman Building Traditions under Application No. Z-04292, to establish an initial municipal zoning designation of "R-1 ", Residential-Single-household, Low-density, on 1.84 acres located in the Southwest one-quarter of Section 31, Township 1 South, Range 6 East, Montana Principal Meridian. The subject property is located immediately north of the East Gallatin Recreation Area pond and is known as 780 Manley Road. Public hearing Mayor Cetraro opened the public hearing. Planner Kozub presented the staff report. She reviewed this application for R-1 municipal zoning on 1.84 acres, noting the application was reviewed by the Zoning Commission; but they were unable to reach an agreement as to which zoning designation, R-1 or R-S, would better meet the criteria. An R-S zoning designation would allow up to two residences, while R-1 could allow up to seven lots; and a planned unit development could allow even more. The applicant has repeatedly stated his intention to develop five lots on this property. Staff has reviewed this application in light of the applicable criteria and recommends approval of R-1 zoning with the two standard contingencies. Staff's comprehensive findings can be found in the written staff report. Ed Adamson reiterated that they are interested in enhancing and developing a neighborhood of moderately sized and priced residences here; they have no desire to build two "trophy homes". Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Commissioner Krauss stated he would support R-S zoning, but not R-1 because R-S provides the impetuous to require a planned unit development, where tradeoffs and relaxations need to occur to gain higher densities. The East Gallatin River is a jewel for this area, just like Lindley Park is for the entire city. While Lindley Park is right next to a high density area, this is totally out of character for the Bozeman Ponds area. Since there is no high density development in this area, it is more suitable for R-S zoning. Commissioner Kirchhoff voiced his opinion that this is a good project in a good place of mixed environments. Designating this property R-S would be saying the Commission prefers to have castles next to the Bozeman Ponds, rather than a small, pleasing neighborhood. Therefore, he supports the request for R-1 zoning. Mayor Cetraro said he, too, supports R-1 zoning on this parcel. Decision It was moved by Commissioner Hietala, seconded by Commissioner Youngman, that the Zone Map Amendment requested by Bozeman Building Traditions under Application No. 2-04292, to establish an initial municipal zoning designation of "R-1 ", Residential-Single-household, Low-density, on 1.84 acres located in the Southwest one-quarter of Section 31, Township 1 South, Range 6 East, Montana Principal Meridian, be 02-22-05 - 7 - initially approved; and that staff be directed to bring back an ordinance enacting the amendment upon annexation of the subject property. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff and Mayor Cetraro; those voting No being Commissioner Hietala, Commissioner Krauss, and Commissioner Youngman. It was then moved by Commissioner Krauss, seconded by Commissioner Youngman, to bring back this issue for reconsideration. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Commissioner Kirchhoff said he doesn't believe anyone can argue that the impacts on the infrastructure would be greater from five smaller, moderately priced homes, which argue for a certain lifestyle, than from two very large, unaffordable homes. These five units will have a lower impact and will provide a much more affordable housing option. Mayor Cetraro stated he doesn't believe five or seven houses opposed to two houses will make that much difference to park users. Commissioner Krauss noted he will not consider what the applicant has proposed at this point; the fact remains that R-1 zoning would allow up to seven houses. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that an initial municipal zoning designation of "R-S", Residential Suburban, on 1.84 acres in the Southwest one-quarter of Section 31, Township 1 South, Range 6 East, Montana Principal Meridian, be initially approved; and that staff be directed to bring back an ordinance enacting the amendment upon annexation of the subject property. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Krauss and Commissioner Youngman. Those voting No being Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro. Ed Adamson told the Commissioners that he has had C & H Engineering look at this ground, and it has been determined that the required setbacks cannot be met with more than five lots. He is not in the business of building super mansions for the super wealthy because trophy homes are beyond the means of the average Bozeman citizen. He wants to build a small neighborhood with covenants, an excess of landscaping, and responsible property owners. He asked the Commission to go forward with approval of the requested R-1 zoning designation. Robert Dougherty, architect for Bozeman Building Traditions, pointed out no one has mentioned that this property is currently zoned M-2 in the County. A zoning designation of R-S interferes with their plans to build five moderate homes. Susan Gianforte, 1320 Manley Road, noted that what happens with this little piece of ground will set the tone for what happens with the eight acres neighboring this property. They are hoping that an R-S designation would allow this property to be reappraised; and if it appraises at Mr. Adamson's asking price, they are still willing to put forward the same amount of money they previously offered to purchase this property. Commissioner Youngman said she doesn't believe the pond is being sufficiently protected, and there is too much potential for bank erosion with the construction of five homes. While she would prefer to have five smaller homes built on this property, she is still concerned by the potential density of seven lots, which is why she is leaning toward the R-S zoning designation. She suggested the Commission should have added conditions to the annexation to protect the pond and then proceed with the R-1 zoning. Commissioner Krauss offered that he still believes R-S is a reasonable compromise, which still allows residential development; and with a possible change in the appraisal price, this property may be saved. Commissioner Hietala stated the problem with R-S zoning is that it is down-zoning this property. The best solution would be to zone this property R-1, since seven units cannot be built on this property. The fact that there is only room for five units makes R-1 more appealing to him, and he believes the applicant will only build five houses. 02-22-05 -8- It was then moved by Commissioner Hietala, seconded by Commissioner Kirchhoff, to bring back this issue for reconsideration. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Kirchhoff, and Mayor Cetraro; those voting No being Commissioner Youngman and Commissioner Krauss. It was moved by Commissioner Hietala, seconded by Commissioner Kirchhoff, that an initial municipal zoning designation of "R-1", Residential-Single-household, Low-density, on 1.84 acres located in the Southwest one-quarter of Section 31, Township 1 South, Range 6 East, Montana Principal Meridian, be initially approved; and that staff be directed to bring back an ordinance enacting the amendment upon annexation of the subject property. Prior to voting on the motion, Commissioner Krauss requested that the decision be delayed for one week. As a result of that request, Mayor Cetraro asked that this item be placed on the February 28 agenda. Preliminarv Plat - The Leaends at Bridaer Creek Subdivision - subdivide 20.12 acres located at the northeast corner of the intersection of StOry Mill Road and Bovlan Road extended into 35 sinale- household and 30 townhouse lots - Van Brvan Architects for Aspen Partners I. LLC (P-04061) This was the time and place set for the public hearing on the preliminary plat for The Legends at Bridger Creek Subdivision, as requested by Van Bryan Architects for Aspen Partners I, LLC, under Application No. P-04061, to subdivide 20.12 acres described as Tract 7 A, Certificate of Survey No. 2408, into 35 single-household and 30 townhouse lots. The SUbject property is located at the northeast corner of the intersection of Story Mill Road and Boylan Road extended. Public hearing Mayor Cetraro opened the public hearing. Associate Planner Morris presented the staff report. She reviewed this application to subdivide 20 acres on the east side of Story Mill Road into 65 lots with R-3 and R-1 zoning designations. Townhouses and single-family households will be constructed in the R-3 areas, with the 13 acres of R-1 being all single- family households. The subdivider will be responsible for the construction of the east half of Story Mill Road to a collector street. The road will not be centered in the right of way and will not be constructed as a typical collector street due to the lack of right of way. To construct a 1 O-foot wide driving lane, bike lane, parking lane, curb, boulevard, and sidewalk will result in the removal of a majority of the existing hedge. The Wetlands Review Board has reviewed this application and their recommendations are reflected in condition number seven. The developers have provided new drawings, which include the elimination of Lot 11, Block 1, to preserve the mature Aspen grove. Associate Planner Morris continued by noting that the Gallatin Valley Land Trust recommends a 20-foot wide area for the trail corridor, which is free of vegetation, along the north property line, so that it may be used for nordic skiing. A residential/agricultural style fence shall be installed by the developer along the south property line to protect the agricultural interests of the southern property owner. Condition number one has now been resolved and, therefore, should be eliminated. Staff has reviewed this application in light of the applicable criteria and recommends conditional approval. Staff's comprehensive findings can be found in the written staff report. Commissioner Youngman questioned how much of the mature vegetation along Story Mill Road will be protected. Associate Planner Morris responded a majority of the west portion of the hedge will be removed to provide for the standard road width with sidewalks, but most of the remaining hedge would be kept intact. Van Bryant, architect, noted that at the informal review they received a lot of public comment requesting the hedge be preserved as much as possible. In order to do so, the applicant is proposing to locate the sidewalk in the green space on the east side of the vegetation between the hedge and the rear of the lots along Story Mill Road, with the transition to a traditional placement occurring at the entryway. The road configuration has now been changed to avoid the wetlands area, and the aspen grove will be preserved as well. Commissioner Kirchhoff presented his alternative street layout plan, which will preserve the same number of units, while providing two entryways into this development. His plan will provide for a more block- looking appearance with alleys and the same number of units, while taking out the proposed lots on the 02-22-05 - 9- northern portion of the development. He suggested continuing this item for one week to allow the applicant's team the opportunity to thoroughly review his alternative street layout plan. Mr. Bryan stated that, at first glance, it appears this alternative plan will significantly impact the wetlands. He and the applicant have discussed the inclusion of alleys, but the property owners to the south are reluctant to have traffic adjacent to their property because they plan to continue with agricultural pursuits on their land. Therefore, at this point the applicant requests that the application be scrutinized as offered. Bill Ranard, 2513 Valhalla Court, distributed copies of his letter which he read into the public record. When the townhouses were constructed along Story Mill Road, the sidewalk was built right against the curb with no boulevard and no place for trees. In order to try to mitigate the problems, an exception was made to allow a fence to be constructed along Story Mill Road to provide a buffer from the road that is almost right on top of the townhouses. Without a boulevard, there is not only no room to plant trees, but there is no place for snow removal. The Valhalla Townhouse Association purports that now is the time to address this problem by creating room for a boulevard on the west side of Story Mill Road by shifting the road to the east, so trees and shrubbery can be planted to improve the curb appeal on the west side. Betty Stroock, 1350 Story Mill Road and 2504 Valhalla Court, questioned why a 20-acre parcel can accommodate 65 homes, when her two-acre parcel on Story Mill Road cannot accommodate two dwellings. Commissioner Kirchhoff suggested delaying a decision on this application for one week to allow staff to provide an analysis of his alternative street layout. Since this whole area is one day going to become a very dense group of neighborhoods, he wants to ensure a superior transportation network. Mr. Bryan explained that the development team for this property is also working on development of the property to the east, so the roads have already been laid out to provide connectivity. Commissioner Krauss stated he has a number of concerns with the design presented, including backyards abutting side yards, back yards abutting into parks and open spaces, and the irregularity of the development. If he were to vote on this application tonight, he would vote against it so the requested one week delay could be beneficial to the applicant. Commissioner Youngman agreed that she, too, cannot support this application as presented. She believes a redesign is necessary, and it would be helpful if the applicant would come back with a redesign and explain to the Commission what is planned for the property to the east, which may help explain why the streets are designed as they are. Commissioner Hietala stated that overall he likes this design, but he would like to see alleys included in this design. Mayor Cetraro agreed with the Planning Board's recommendations. Mr. Bryan stated they would be agreeable to continuing this item for two weeks. Decision It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the preliminary plat for The Legends at Bridger Creek Subdivision, as requested by Van Bryan Architects for Aspen Partners I, LLC, under Application No. P-04061, to subdivide 20.12 acres described as Tract 7A, Certificate of Survey No. 2408, into 35 single-household and 30 townhouse lots, be continued to March 7th. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none. Conditional Use Permit with Certificate of Appropriateness - allow the conversion of an existina sinale-household dwellina unit at 316 North Tracv Avenue into a crisis stabilization house for residential care for UP to five individuals experiencinQ psvchiatric emeraencies - WMMHCwGallatin MHC for Ben Stanlev and Laurie Steward Stanlev (Z-04305) This was the time and place set for the continued public hearing on the Conditional Use Permit with Certificate of Appropriateness requested by WMMHG-Gallatin MHC for Ben Stanley and Laurie Stewardr 02-22-05 -10- Stanley under Application No. Z-04305, to allow the conversion of the existing single-household dwelling unit on Lots 12 and 13, Block D, Beall's Second Addition, into a crisis stabilization house for the provision of residential care for up to five individuals experiencing psychiatric emergencies. The subject property is located at 316 North Tracy Avenue. Continued public hearing Mayor Cetraro reopened the continued public hearing. Senior Planner Skelton presented the staff report and distributed copies of definitions for "Community Residential Facility" and "Medical Offices, Clinics, and Centers" as found in Bozeman Municipal Code. Hope House is a short-term residential facility for adult clients over the age of 18, who are supervised by professional staff. The goal is to provide support services for individuals to enable them to return to their own homes in 14 days. This facility is a voluntary service that is licensed by the Montana Department of Public Health and Human Services. Individuals are screened by a physician at the local hospital, who determines if the client is medically stable and does not require any skilled nursing care. All residents must be alcohol and drug free to the extent that it doesn't impair their ability to meet the admission requirements. Staff has reviewed similar facilities in Butte, Missoula, and Kalispell, as well as contacted police departments in those cities to identify any patterns of violence related to police reports at each facility. The Bozeman Police Department reviewed those police reports and found the pOlice calls were house, not criminally, related. Senior Planner Skelton noted Planning Director Epple has prepared a classification of use determining that this proposal does fall in the category of a community residential facility, rather than medical clinic or center, even though a nurse may be present at this facility. Staff believes the conditions of approval make this proposal compatible with the neighborhood. Hope House is currently operating with four residents, but more than four requires a conditional use permit. Neighbors' primary concerns include maintaining the integrity of this residential neighborhood, and staff's determination that this is not a medical facility but a community residential facility. Staff has reviewed this application in light of the applicable criteria and recommends conditional approval. Staff's comprehensive findings can be found in the written staff report. Mike Hagenlock, Program Director, provided a powerpoint presentation outlining the objectives, consumer's treatment team, protocol for admission to Hope House, consumer benefits, additional services, service information, the screening process used for consumers, criteria for Hope House, definitions, circumstances that may lead to a crisis, and Hope House rules. Danita Twedt, 505 South 19 Avenue, spoke in support of the Hope House and the services it provides to individuals in need of crisis stabilization. She cited a circumstance in her life when she would have been grateful for a facility such as Hope House to help her through a crisis. Shelly Johnson, 668 Springhill Lane and Recovery House Director, stated they opened their facility two and a half years ago. When they first starting looking for a house they ran into the NIMBY syndrome, but they have established that their residents are good neighbors; and the neighbors appreciate them. She asked the Commission to support the Hope House, saying it is important to the community. Dean Alvord, 402 North Tracy Avenue, commented that he has no doubt that a faCility of this type is needed in Bozeman; but it must meet all zoning regulations. He believes this is a medical facility, rather than a residential facility, which doesn't belong in R-2 zoning. He questioned if he were to put his house up for sale, would he be legally required to disclose the fact that the Hope House is a neighbor. Tom Poluso, Director of Gallatin Mental Health Center, noted there is a precedent for this type of faCility in Bozeman because there is already a similar faCility on West Villard Street in a residential neighborhood. He pointed out State law does not allow any local ordinance to preclude the establishment of a facility for Americans with disabilities, and it is also included in the Americans with Disabilities Act. Bozeman is the only community of this size that doesn't have a crisis stabilization unit, and it is time this community stepped up to meet that challenge. Ben White, 322 North Tracy Avenue, stated that as the property owner next door, he has a number of concerns, including those cited in his letter of February 15. He, too, believes this facility should be classified as a medical facility because it does employ a licensed practical nurse. As Mr. Hagenlock pointed out, mental illness is a disease like cancer or diabetes; and these folks are receiving medical care because they are extremely ill. 02-22-05 - 11 - Jacob Wagoner, 76805 Gallatin Road, noted that all other comparably-sized cities in Montana have crisis stabilization units; and they are located in residential neighborhoods. He requested the Commission consider Hope House as a viable alternative to sending people out of town for treatment. Stuart Howard, 113 West Villard Street, stated he is not opposed to the concept of a care facility for mental health emergencies; but he is concerned with safety, as outlined in his letter to the Commission of January 28. People in the neighborhood were not given a chance to provide input or comments before Hope House became operational. He believes minimal attention has been given to the issue of public safety, and his worst fear is that an incorrect evaluation will be made and an individual will be placed at Hope House who should be placed in a more secure environment. He asked the Commission to please take public safety and welfare into its consideration of this application. Commissioner Krauss questioned the optimum size for such a facility, to which Mr. Hagenlock replied that 16 beds is the optimum size; but they are limited to five clients based on the square footage of the facility. Commissioner Hietala wondered if such a facility might one day be located at or near the hospital. Mr. Hagenlock answered that is the long-term plan, but it is at least three to five years out. Responding to Commissioner Hietala, Mr. Hagenlock stated generally two staff members are present during waking hours, with one person on staff during sleeping hours, but staff ratio depends on the needs of the residents. Mr. Hagenlock continued by saying they can operate with the four beds they have; but they want to be able to provide services to one more individual, so that individual will not be forced to seek help outside of their home community. Clients go to Gallatin Mental Health Clinic to receive their medication, so no medication or medical treatment is provided at the house. Staff, too, is concerned with safety, which is why they have established the parameters they have. They also require clients to sign a "no harm contract"; in short, they do everything they can to protect both the clients and the community. However, one can never guarantee anything in this facility, just as they can't with the neighbor next door. Since there were no Commissioner objections, Mayor Cetraro closed the publiC hearing. City Manager Kukulski pointed out that Section 76.2.411, MCA, defines a community residential facility. The Commission cannot deny the use if this facility is State licensed and serves eight or fewer individuals, and the only conditions that can be added are those that would customarily be imposed on other such facilities. Responding to Commissioner Krauss, Acting City Attorney Cooper said the Supreme Court has said zoning is subordinate to other rules, and this is similar to regulating what type of family can move into a family-zoned neighborhood. These people are deemed to be residents, and they cannot be kept out of residentially zoned areas. The description and services provided by Hope House does fit the definition of community residential facility. Planning Director Epple added that State statute and case law require a faCility like this to be treated the same as a residence; and even though this is not a single-family residence in the traditional sense of the word, it needs to be treated the same as a single-family residence. Commissioner Kirchhoff stated he understands this is a serious issue for the neighbors and is not easy to accept, but it is important for mentally ill people to be treated equally. He does not feel like he is being forced into approving this application; rather his approval is warranted by the care provided. Commissioner Hietala offered that he will vote to approve this request, even though the lot size is quite small for this type of activity. He did some inquiries in the Missoula area and was told these types of facilities are very well accepted in Missoula. Commission Krauss said he understands it is an easy out for the Commission to say legal staff says it cannot deny this application; but he wants to make sure the neighbors understand that this is a residence, and this use cannot be denied. He will vote in favor of approval because that is the advice of legal staff; but he personally believes the optimum size could be developed somewhere else, rather than here. 02-22-05 - 12 - Decision It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Conditional Use Permit with Certificate of Appropriateness requested by WMMHC-Gallatin MHC for Ben Stanley and Laurie Steward Stanley under Application No. Z-04305, to allow the conversion of the existing single- household dwelling unit on Lots 12 and 13, Block D, Beall's Second Addition, into a crisis stabilization house for the provision of residential care for up to five individuals experiencing psychiatric emergencies, be approved subject to the following conditions: 1. The applicant shall obtain a City of Bozeman business license for said premises, if applicable, and provide the Planning Department with a copy of the license prior to final approval. 2. The applicant shall provide the Planning Department with a copy of the license issued by the Montana Department of Health and Human Services, as well as all applicable local agencies prior final approval. 3. That the landowner of record legally convert the garage/guest house accessory structure to a one-household dwelling unit that complies with Bozeman Municipal Code prior to final site plan approval and issue of a Conditional Use Permit for five (5) residents in the crisis stabilization house. 4. That the landowner provide the Planning Office with an accurate site plan of the existing structures and related site improvements for review and approval prior to final site plan approval and issue of a Conditional Use Permit for five (5) residents in the crisis stabilization house. 5. Any cracked or broken portions of sidewalks along the street frontage shall be replaced. 6. That the applicant comply with information provided in the application outlining the terms and use of the facility, screening process for individuals, admission criteria, and operation of the crisis stabilization house; and that the applicant record said terms at the Clerk and Recorder's Office prior to final site plan approval and issue of a Conditional Use Permit for five (5) residents in the crisis stabilization house. 7. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. 8. Sewer and water services shall be shown on the final site plan and approved by the Water/Sewer Superintendent. 9. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed." 10. All existing utility and other easements must be shown on the final site plan. 11. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to final site plan approval or commencement of the conditional use. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none. 02-22-05 - 13 - Reauest for conversion from $16.150 loan to $11.950 arant from the Communitv Affordable Housina Fund for Accessible Housina. Inc. proiect Included in the Commissioners' packets was a memo forwarding the Community Affordable Housing Advisory Board's recommendation for conversion from a $16,150 loan to an $11,950 grant from the Community Affordable Housing Fund for the Accessible Housing, Inc., project. Caren Roberty, HRDC, presented the history of this project, noting the Community Affordable Housing Advisory Board voted to recommend to the Commission that the $11,950 be a grant rather than a loan. She suggested the City have confirmation from HUD, in writing, that there are sufficient funds to complete this project. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the request for conversion from a $16,150 loan to a $11,950 grant from the Community Affordable Housing Fund for Accessible Space, Inc. be approved subject to receipt of a letter from HUD assuring that there are sufficient funds to complete this project. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none. Authorize Citv Manaaer to sian - Letter of Support - Yellow Bus Demonstration Proiect Included in the Commissioners' packets was a draft letter of support for the "yellow bus" demonstration project. Janice Brown, 1045 Boylan Road and Executive Director of Yellowstone Business Partnership, provided a history of the yellow bus demonstration project. A committee appointed by the City-County Transportation Stakeholders' Board has developed objectives for the yellow bus project which include demonstrating the versatility of properly equipped buses, documenting how cooperation and equipment sharing can lead to a more cost-effective use of transportation money, demonstrating the advantages of having a coordinated transit system, supporting the development of a tri-state Greater Yellowstone-Teton Tour District, demonstrating alternative fuels, and serving as a model for other rural tour districts. This proposal has been put together with private and public support. Commissioner Kirchhoff questioned, because there is a larger transit plan in the works by the Transportation Stakeholders' Board and the report from the consultant is now ready to be discussed, could there be anything in this plan that would conflict with the larger transit vision in terms of how the federal government might look at start-up funds or operating grants for a larger transit system. Ms. Brown answered that she doesn't believe so; once these buses are purchased, they will stay in the community and can become part of the larger transportation network. In response to Commissioner Kirchhoff, Ms. Brown stated the County Commission has written a letter of support and pledged $15,000, subject to availability of funds in the 2006 budget. Jeff Rupp, Galavan, noted it became obvious if the local match was submitted as part of the grant, an additional 20 hours of bus service per day could be provided; but that would require three buses. They have come up with a way to purchase two buses and are suggesting that the City and County split the costs of purchasing the third vehicle. In addition, they are requesting letters of support for the proposals. Commissioner Kirchhoff reiterated he wants to ensure that these proposals won't preclude funding for the larger transportation system. Mr. Rupp stated it is not their intent to prevent future funding; they only want to add extra buses and additional hours of service on the streets right away. Commissioner Youngman noted it requires increased routes, hours, and frequency of service to increase ridership, asking if this proposal provides frequent enough service to increase ridership; and if so, will it be increased enough so not to make it more difficult in the future to get funding because the routes aren't practical enough, service isn't frequent enough, or the ridership wasn't increased enough. Lisa Ballard, Current Transportation Solutions. pointed out the ASMSU Bobcat bus service only operates three routes for nine months of the year. This would allow the service to be increased to provide year-round service while adding another route. 02-22-05 - 14 - Commissioner Youngman asked for an estimate on the percentage of increased ridership, based on adding one more bus. Ms. Ballard responded she did not have any estimates. Chris Budeski, Public Transit Stakeholder's Advisory Board member, reminded the Commission that this is a demonstration project only, not a complete system. It is hoped that this demonstration project will help determine if public transit will work in this community or not. He asked the Commission to support this project. Commissioner Youngman said she is concerned with acting now when there is still more information that would be helpful to have. She noted the City has a number of proposals in to the legislative delegation already, and there needs to be a conversation with the delegation to make sure this won't hurt the chances of receiving a bigger contribution later for a larger transportation project. She is afraid there is a real possibility for this to affect other projects already submitted, and she wants to make sure another project isn't going to pay the price because of this additional proposal. She suggested waiting one week to get more information to make a more informed decision. While she supports transit, she feels the information the Commission has is too thin as to how it fits with the larger goals and how it will impact other proposals. Ms. Brown assured the Commissioners that there was a clear distinction made between this demonstration project and any future transit projects for Gallatin County or the City of Bozeman. She suggested looking at this in terms that a successful demonstration project could strengthen any additional requests. Commissioner Kirchhoff voiced his understanding of Commissioner Youngman's concerns, but he will support this request. City Manager Kukulski agreed it may be prudent to take a step back and, as a community, clearly and definitively say to the legislative delegation that these are the priorities, and they are in this order. Assistant City Manager Brey reminded the Commissioners that a year ago they put together a grant award procedure, whereby requests would all be submitted into the budget process and would compete with other requests for funding as the budget is put together. It was moved by Commissioner Krauss, seconded by Commissioner Kirchhoff, to authorize the Mayor to sign the letters of support for the Yellow Bus Demonstration Project and to direct the City Manager to commit $15,000 in matching funds from the 2006 budget, if the appropriation is received. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Youngman, and Mayor Cetraro; those voting No, none. Recommendation for appointment to County Board of Park Commissioners Included in the Commissioners' packets was a memo reminding them of the County Commission's request for a recommendation for the City's representative to the County Board of Park Commissioners. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that Rick Fink be appointed as the City's representative to the County Board of Park Commissioners. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Letter from the Montana Department of Natural Resources and Conservation, dated February 10, 2005, announcing a meeting on their initiative to modernize and digitize the FEMA flood maps, to be held in the Community Room at the Courthouse at 9:00 a.m. on March 8. 02-22-05 - 15 - (2) Copy of a flyer announcing a water symposium to be held at 10:00 a.m. on February 23 at the Sacajawea Hotel in Three Forks. (3) Agendas for the County Commission meetings to be held at 9:00 a.m. on Tuesday, February 22, and at 1 :30 p.m. on Wednesday, February 23, at the Courthouse. (4) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, February 23, at the Professional Building. (5) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Wednesday, February 23, at the Professional Building. During his FYI, City Manager Kukulski offered the following: 1) Four request for proposals were received for the Story Mansion and have been reviewed by the task force subcommittee. 2) The State legislators have proposed a bill that would have an unwelcome effect on human resource practices. 3) Introduced the new Finance Director, Anna Rosenberry. 4) He is in the process of forming the library task force. 5) Asked if the Commissioners would be agreeable to attending a training advancement session one weekend in late March. Assistant City Manager Brey noted the following during his FYI: 1) Health Officer Nelson has asked for the Commission's help in squelching House Bill 724. 2) The parking garage will be coming forward on March 7th for site plan approval. 3) The requested reassessment of the transfer station was distributed to the Commissioners. Director of Public Serve Arkell offered one FYI item: 1) Despite comments to the contrary, the Parks crew is doing a fine job. Acting City Attorney Cooper submitted the following FYI item: 1) He met with Judge Meissner on Friday regarding the SWMBIA lawsuit settlement; the fairness hearing will be held on April 15th in Bozeman. Adiournment - 11 :27 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none. ~~ AN' TRARO, Mayor ATTEST: ~./~ R BIN L. SULLIVAN Clerk of the Commission PREPARED BY: KAREN L. DeLA THOWER Deputy Clerk of the Commission 02-22-05