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HomeMy WebLinkAbout2006-03-06 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 6, 2006 ***************************** The Commission of the City of Bozeman met in regular session in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, March 6, 2006, at 6:00 p.m. Present were Mayor Jeff Krauss, Commissioner Sean Becker, Commissioner Jeff Rupp, Commissioner Kaaren Jacobson, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of Public Service Debbie Arkell, Director of Finance Anna Rosenberry, Director of Public Safety-Police Mark Tymrak, Director of Public Safety-Fire Chuck Winn, Planning Director Andy Epple, City Attorney Paul Luwe, and City Clerk Robin Sullivan. Commissioner Steve Kirchhoff was absent. The meeting was opened with the Pledge of Allegiance and a moment of silence. Authorize absence of Commissioner Kirchhoff from this meeting It was moved by Commissioner Becker, seconded by Commissioner Jacobson, that the Commission authorize the absence of Commissioner Kirchhoff from this meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Becker, Commissioner Jacobson, Commissioner Rupp, and Mayor Krauss; those voting No, none. Minutes - August 1. AUQust 15. September 6. September 12. and December 5.2005. and Januarv 17. Februarv 17. February 21. and Februarv 27. 2006 It was moved by Commissioner Rupp, seconded by Commissioner Jacobson, that the minutes of the meeting of February 17, 2006, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rupp, Commissioner Jacobson, Commissioner Becker, and Mayor Krauss; those voting No, none. Mayor Krauss deferred action on the minutes of the meetings of August 1, August 15, September 6, September 12, and December 5,2005, and January 17, February 21, and February 27,2006, to a later date. Consent Items City Manager Kukulski presented to the Commission the following Consent Item. Commission Resolution No. 3895 - vacate the street riQhts-of-way for portions of East Harrison Street. HiQhland Avenue. and Cypress Avenue Iyinq within Sunset Hills Cemetery COMMISSION RESOLUTION NO. 3895 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DISCONTINUING, ABANDONING AND VACATING THAT PORTION OF THE RIGHT-OF-WAY FOR EAST HARRISON STREET LYING BETWEEN OLD HIGHLAND BOULEVARD AND SOUTH IDAAVENUE, THAT PORTION OFTHE RIGHT-OF-WAY FOR HIGHLAND AVENUE EXTENDING NORTHWARD FROM EAST HARRISON STREET, AND THAT PORTION OF CYPRESS AVENUE EXTENDING SOUTHWARD FROM EAST HARRISON STREET WITHIN THE SUNSET HILLS CEMETERY, IN THE CITY OF BOZEMAN, MONTANA. 03-06-06 - 2 - Commission Resolution No. 3896 - chanQe the name of "Enterprise Road", lyinQ between Reeves Road West and North 19th Avenue within the Walker PUD Subdivision, to "Venture Way" COMMISSION RESOLUTION NO. 3896 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CHANGE THE NAME OF "ENTERPRISE ROAD" , LYING BETWEEN REEVES ROAD WEST AND NORTH 19TH AVENUE WITHIN THE WALKER PUD SUBDIVISION, TO "VENTURE WAY", IN THE CITY OF BOZEMAN, MONTANA. Authorize City ManaQerto sign. Annexation AQreement between City of Bozeman and Crestview Lake. LLC - ::t42.18-acre parcel described as Lot 3. Minor Subdivision No. 221, and adiacent riQhts-of-way for Catamount Street and Davis Lane Commission Resolution No. 3897 - annexinQ ::t42.18-acre parcel described as Lot 3. Minor Subdivision No. 221. and adiacent riahts-of-wav for Catamount Street and Davis Lane COMMISSION RESOLUTION NO. 3897 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OFTHE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. Ordinance No. 1661 - Zone Map Amendment to establish initial municipal zonina desianation of "R-4," Residential-HiQh-density. on ::t42.18-acre parcel described as Lot 3. Minor Subdivision No. 221. and adiacent riahts-of.way for Catamount Street and Davis Lane; provisionally adopt and brinQ back in two weeks for final adoption ORDINANCE NO. 1661 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL ZONING OF IR-4," (RESIDENTIAL-HIGH-DENSITY DISTRICT) FOR 42.18 ACRES LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 26, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. AcknowledQe receipt of letter from Gobuild withdrawina previous requests to annex 1.6039 acres IvinQ alonQ east side of Story Mill Road, and south side of BridQer Drive (A-04012), and establish initial municipal zoninQ desiQnation of IR-4", Residential- HiQh-density (Z-04196) Authorize Mavor to sian - Interlocal Aqreement between Gallatin Countv and Citv of Bozeman for televisina of meetinQs from the Community Room Ratify City ManaQer's siQnature on Settlement Aareement and Mutual Release between Olympus TechnoloQies, Inc., the City of Bozeman. and Morrison- Maierle. Inc. Approval of final plat for Cottonwood Condos Subdivision - subdivide 35.254 acres located between FerQuson Avenue. Resort Drive. West Babcock Street and Fallon Street into 3 residential lots (P-05070) Claims 03-06-06 - 3 - It was moved by Commissioner Rupp, seconded by Commissioner Jacobson, 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 Rupp, Commissioner Jacobson, Commissioner Becker, and Mayor Krauss; those voting No, none. Public comment Mike Delaney, 921 S. 3rd, requested thatthe Commission reconsider the acquisition of the lot behind the Powderhorn. He expressed concern over the recent reevaluation of the parking requirements for the Powderhorn. He suggested that all the downtown properties that were calculated for parking in 1979 be recalculated and the refunds paid to those who should receive them due to miscalculation. He expressed concern for the manner in which the appraisal for the Powderhorn property was conducted and noted that the City Manager should have directly approved an independent appraiser to conduct the appraisal. Mayor Krauss asked that staff address this concern at the next meeting. Zone Map Amendment - establish initial municipal zoninQ desiQnation of II R-3." Residential- Medium- density. on 0.455-acre tract located at 3100 WaQon Wheel Road - Bruce LieffrinQ. Brenda Winkler. James Sally. Steve Vanpelt and Don Cowles (Z-05257) This was the time and place for the public hearing on the Zone Map Amendment to establish an initial municipal zoning designation of IR-3," Residential-Medium-density, on 0.455 acres located at 3100 Wagon Wheel Road, on at the intersection of South 3rd Avenue and Wagonwheel Road, with adjoining right- of-ways, as requested by Bruce Lieffring, Brenda Winkler, James Sally, Steve Vanpelt, and Don Cowles under Application No. 2-05257. Public hearing Mayor Krauss opened the public hearing. Planning Director Epple presented the staff report for Assistant Director Chris Saunders. He noted that staff has reviewed the application in light of the applicable criteria and staff's findings are contained in the staff report. Staff has forwarded a recommendation of conditional approval. He noted that on December 5, 2005, an annexation proposal was approved, and tonight is the zoning request. The owners house is a four-plex, and they suggested that R-3 is appropriate to avoid creating a non-conforming use. One neighbor provided a letter of concern over whether R-3 might set a precedent, and he responded that staff feels it would not. Staff recommends approval of the requested zoning stating it is appropriate because R-3 is consistent with the established use of the property. The applicant stated they were denied by the County to get a new septic, so they are being forced into thiS. He would rather not be annexed, but has to in order to obtain sewer service. Director Epple noted that the City regrets this has to happen, but there is little choice. There being no Commissioner objections, Mayor Krauss closed the public hearing. Decision Responding to concerns from Commissioner Becker, Director Epple stated that it is County Health Department policy that if a property is within 100 feet or so of a municipal sewer, that rather than allowing an onsite sewer, they require that the party connects to city service. He responded that this is not a change in policy, and they have been doing this for about 25 years. Commissioner Becker noted that this is something we might be taking on more and more in the future, and it would be good to see what are the costs associated with connections and what are their costs versus the septic, and that they will now have to pay impact fees. If the city is putting an excessive financial burden on people, how can we move forward with a positive annexation policy? 03~06-06 - 4 - City Manager Kukulski noted that it's a rule in place and state statue plays into effect, and the DEQ has administrative rules and there is talk of extending the distance to force people to connect to a public facility to 500 feet. He noted that we don't see these a lot, but we will see them occasionally in the future, and they are required for water quality purposes. Responding to CommiSSioner Becker, Director Epple clarified that Wagon Wheel Road is already on the city sewer, and staff is working on annexing them. Mayor Krauss noted that when a parcel is totally surrounded, the city police and fire show up and provide services to this site, and the moment they get on the road and they are on the city road. Director Epple stated that to design and get permits and install an onsite sewage system is $4,000- $5,000 on the low end, and when you get into high tech filtration systems, they are $12,000-$15,000, so it partly offsets the cost, of which he's not exactly sure. Responding to Commissioner Jacobson, Director Epple noted that people have to pay impact fees when they are annexed because they use up an increment of capacity. She stated that somebody has to pay, and the impact fees are just to try to fairly assign the cost. It was moved by Commissioner Jacobson, seconded by Commissioner Becker, to establish an initial municipal zoning designation of IR-3," Residential-Medium-density, on 0.455 acres located at 31 00 Wagon Wheel Road, on at the intersection of South 3rd Avenue and Wagonwheel Road, With adjoining right-of- ways, as requested by Bruce Lieffring, Brenda Winkler, James Sally, Steve Vanpelt, and Don Cowles under Application No. Z-05257, subject to the following conditions: 1. That the Ordinance for the Zone Map Amendment shall not be adopted until the Resolution of Annexation IS signed by the applicant and formally approved by the City Commission. If the annexation is not approved, the application shall be null and void. 2. That the applicant submit a zone amendment map, titled "Kent-Hal Zone Map Amendment", on a 24" by 36" mylar, 8 %" by 11", or 8 %" by 14" paper exhibit, and a digital copy of the area to be zoned, acceptable to the Director of Public Service, which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property and zoning districts, total acreage of the property and adjoining rightsMof-way and/or street access easements (Le., Wagon Wheel Road). 3. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a metes and bounds legal description prepared by a licensed Montana surveyor and map of the area to be rezoned, which Will be utilized in the preparation of the Ordinance to officially amend the zone map. The motion carried by the following Aye and No Vote: those voting Aye being Commissioner Jacobson, Commissioner Becker, Commissioner Rupp, and Mayor Krauss. Those voting no being none. Preliminarv plat for Annie Subdivision. Phase IIIC. minor subdivision - subdivide 3.991 acres located at the northeast corner of the intersection of North 25th Avenue and Durston Road into three sinale- household residential lots and one four-plex residential lot - Gaston EnQineerinQ and SurveyinQ for ROQer and Rosalind Smith (P-OS076) This was the time and place for the public hearing on the preliminary plat to subdivide 3.991 acres, described as 2305 Durston Road, into three single-household residential lots and one four-plex residential lot, as requested by Roger and Rosalind Smith under Application No. P-05076. The subject property is located on the northeast corner of the intersection of N. 25th Avenue and Durston Road. Public hearing Mayor Krauss opened the public hearing. 03.06-06 - 5 - Associate Planner Jody Sanford presented the staff report. She noted that staff has reviewed the application in light of the applicable criteria and staff's findings are contained in the staff report. Staff has forwarded a recommendation of conditional approval. She stated that this is a second or subsequent subdivision, and that one of the single household lots created will contain the existing residence. She noted that no public comment has been received to date. She also stated that the Planning Board, on February 2,2006, voted 7-0 in favor of conditional approval. Responding to Commissioner Becker, Director Arkell noted that Condition 4 was fulfilled at last week's meeting when the bid was awarded. That condition could be removed because the condition has been fulfilled. Catherine Koenig, Gaston Engineering, representing the applicant had nothing to add. There being no Commissioner objections, Mayor Krauss closed the public hearing. Decision It was moved by Commissioner Becker, seconded by Commissioner Rupp, to approve the preliminary plat to subdivide 3.991 acres, described as 2305 Durston Road, into three single-household residential lots and one four-plex residential lot, as requested by Roger and Rosalind Smith under Application No. P-05076, subject to the following conditions: 1 . The final plat shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, In any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. Unless the applicant can show that water rights or cash-in-Iieu thereof was provided with annexation, water rights or cash-in-lieu thereof, as calculated by the Director of Public Service, is due with the final plat. 3. There is a history of flooding on these lots from the culvert that crosses Durston Road near North 25th Avenue. Measures shall be taken to route stormwater around the proposed lots prior to issuance of a bUilding permit unless the problem is already corrected with the construction of Durston Road. 4. No building permits shall be issued until the construction contract for the Durston Road SID project has been let. 5. The previously approved infrastructure plans for this phase shall be resubmitted for review and approval. 6. A no access strip shall be shown on the final plat along the Durston Road frontage of Lot 4, and along the entire North 25th Avenue street frontage of the subdivision. 7. The subject property is located within the Far West SID No. 621 sewer and the HRDC water payback districts. Paybacks shall be made prior to filing the final plat. The motion carried by the following Aye and No vote, those voting Aye being Commissioner Becker, Commissioner Rupp, Commissioner Jacobson, and Mayor Krauss. Those voting no being none. Preliminarv plat for minor subdivision - subdivide 1.646 acres lyinQ alonQ east side of Kenvon Drive. adiacent to Josephine Park. into five residential lots and relocate common boundary - Rockv Mountain Enaineers for Hiahwood Estates. Inc. (P~05078) 03-06-06 - 6 - This was the time and place for the public hearing on the preliminary plat to subdivide 1.646 acres, into five single-household residential lots, on property located on Kenyon Drive, east of Josephine Park, as requested by Ken LeClair under Application No. P-05078. Public hearing Mayor Krauss opened the public hearing. Associate Planner Jody Sanford presented the staff report. She noted that staff has reviewed the application in light of the applicable criteria and staff's findings are contained in the staff report. Staff has forwarded a recommendation of conditional approval. Associate Planner Sanford stated that this is a proposal to relocate common boundary lines to increase the number of lots from four to five, because there is an unbuildable lot in the middle, and they are rearranging. She also stated that there is existing linear park to the north and Josephine park to the east, and there are R-1, single-household residences that surround the property, with an area of R-3 zoning to the north. She clarified that the lots are currently vacant. She noted that on February 2,2006, the Planning Board voted 7-0 in favor of conditional approval. Associate Planner Sanford noted that Condition 2 deals with the temporary cul-de-sac, part of which would be on top of linear park, and that staff wants It to be moved so it's not on the linear park. Condition 2 requires getting easements from Bozeman Deaconess Hospital to put the temporary turnaround on their property. When staff and planning board approved, they assumed that Kenyon Drive would connect to the hospital property and that's unsure now, but it is consistent with the UDO since there are no constraints here. She stated that Condition 12 deals With the applicant proposing a new manhole, in order to maintain the sewer. She added that the applicant is required to provide an all weather access road, and the applicant is proposing to put the access road on the linear park, and staff has crafted a condition to put that road on their own property and would require a small easement on Josephine Park. Staff also feels that the all weather road would be disruptive of the trail if it were imposed over the trail. She noted that two letters were received, one from Gallatin Valley Land Trust, and another from a resident, expressing concern with connecting Kenyon Drive to the property to the north. Responding to Mayor Krauss, Ms. Sanford clarified that there is a park bench on the Kenyon Drive right of way that would need to be relocated. Responding to Commissioner Jacobson, Ms. Sanford noted the temporary cul-de-sac and that staff was comfortable with It, because Kenyon Drive would connect, and it would be truly temporary. She added that the labeling would have to change now to make it a permanent cul-de-sac. City Manager Kukulski noted that this has come up because of the decision made at last week's meeting about Kenyon Drive not connecting to the north. Director Epple noted that last week discussion was mostly about Maple Drive and, as Mayor Krauss noted, there has been dedicated public right of way for about 30 years and as they plan their development they have been planning to connect Kenyon Drive to create connectivity and opportunity for traffic to go both directions. The development review staff has looked at this, and right now, there is only one way in through less than desirable terrain to access the water tank and the communication systems. The idea of ultimately connecting Kenyon would improve connectivity in general and provide secondary access to the tank. She noted that this is why staff has reviewed in that light and suggested to approve the "temporary" cul-de-sac. Commissioner Jacobson noted that she specifically said no to Kenyon Drive connecting to the north, and questioned how the Commissioner could reverse that kind of decision tonight? It was communicated to those neighbors last week that this road would not connect. She suggested that we may have to connect this, and is there some way we can craft this to move forward without saying that we're going to connect that road because it contradicts what they did last week? Associate Planner Sanford noted that staff has reviewed a pre-application for the hospital and recommended that Kenyon Drive connect and it will come before the Commission soon. To not have Kenyon Drive connect is contradictory to the UDO and that's why staff recommends this way. 03-06-06 - 7 - Director Epple noted that the majority of the review by staff of the hospital property has occurred prior to the Commission actions last week. Commissioner Rupp stated that he has read the Planning Board minutes and noted that the hospital does not want Kenyon Drive to go through. Director Epple noted that what the hospital showed in their master plan, the staff would like to see happen. Mr. Leep didn't propose to connect Kenyon Dnve, but staff feels it should connect. Associate Planner Sanford noted that the hospital pre-application doesn't show Kenyon Drive connecting. Responding to Commissioner Becker, Associate Planner Sanford noted that city staff doesn't think that an emergency access is the best solution. She noted they aren't proposing many entrances onto Highland Boulevard, and this is a way for people to get out much closer to Kagy and is connecting the street system as best as we can. City Manager Kukulski noted that the Commission gave direction a week ago, and that direction is directly contrary to the UDO and what comes from the Commission 98 percent of the time, and these have both been going through the planning process since before that time. He reasoned that there is no topographical reason why this road would not connect. He stated that the applicant didn't want this to connect to pacify the neighborhood, and whether we have two permanent facing cul-de-sacs that don't connect or something else, we are just setting ourselves up for more hassle later. Commissioner Jacobson noted that the Commission can't change the decision without the neighbors being here City Manager Kukulski noted that if the Commission isn't going to change their minds, we don't need a temporary cul-de-sac. Commissioner Rupp noted that even if the hospital agrees to the easement, he will still have a problem with the cul-de-sac. Mayor Krauss noted that anything that doesn't involve the extension of Kenyon Drive, and he's against it. He suggested that the Commission either vote for or against public safety. Commissioner Jacobson noted that she doesn't want to be against public safety, and there is an access already to that area. It was moved by Commissioner Rupp, Seconded by Commissioner Becker, to table the public hearing until after the applicant's representative arrives. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rupp, Commissioner Becker, Commissioner Jacobson, and Mayor Krauss. Certificate of Appropriateness to allow construction of attached two-car aaraae with second floor master bedroom to existina sinQle-household structure. with deviations to allow new construction to encroach into the required 15-foot side vard setback and required 20~foot rear yard setback - Mike Best for Scott and Susan Taylor. 404 West Story Street (Z-06003) This was the time and place for the public heanng on the Certificate of Appropriateness to allow construction of attached two-car garage with second floor master bedroom to existing single-household structure with deviations to allow new construction to encroach into the required 15-foot side yard setback and required 20-foot rear yard setback, on property located at 404 West Story Street, as requested by Scott and Susan Taylor. Public hearing Mayor Krauss opened the public hearing. 03.06-06 - 8 - Historic Preservation Planner Allyson Bnstor presented the staff report. She noted that staff has reviewed the application in light of the applicable criteria and staff's findings are contained in the staff report. Staff has forwarded a recommendation of conditional approval. She stated that there is an existing one-story garage, and that the house is ca. 1900 and the attached garage is post 1950, and that due to minor changes to the house, the house is a non-contnbuting structure in the historic district. She stated that there were two letters of support and one of concern over the sewer line crossing a neighbor's boundary, but staff doesn't feel that this affects this application. She noted that there is a home occupation in the house, but it doesn't exceed 25 percent of the structure. Mike Best, Contractor, representing the applicant, had nothing to add to the staff report. There being no Commissioner objections, Mayor Krauss closed the public hearing. Decision Commissioner Jacobson noted that she drove by there the other day and you can see a really nice one and a half story house and around the corner is a horrible garage; anything would be a big improvement. It was moved by Commissioner Rupp, seconded by Commissioner Jacobson, to approve the Certificate of Appropriateness to allow construction of attached two-car garage with second floor master bedroom to existing single-household structure with deviations to allow new construction to encroach into the required 15-foot side yard setback and required 20-foot rear yard setback, on property located at 404 West Story Street, as requested by Scott and Susan Taylor, SUbject to the following conditions: 1. Under no circumstances shall the addition exceed the height of the existing single-household residence. 2. The applicant shall provide a color and materials palette for final design review and approval by Administrative Design Review Staff. 3. The applicant shall obtain a building permit and pay all required fees prior to construction, and within one year of Certificate of Appropriateness approval or this approval shall become null and void. 4. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness with deviations application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Department of Planning prior to undertaking said modifications, as required by Section 18.64.110 of the Bozeman Unified Development Ordinance. The motion carried by the following Aye and No vote: those voting Aye being commissioner Rupp, Commissioner Jacobson, Commissioner Becker, and Mayor Krauss. Those voting No being none. Preliminary plat for first minor subdivision - subdivide 0.335-acre tract lyinQ alonQ west side of the 500 block of North Rouse Avenue into two residential lots . Bob Baldwin for Kenneth and Florence Baldwin Trust (529 and 533 North Rouse Avenue) (P-06001) Included in the Commissioner's packets was an application for preliminary plat for first minor subdivision to subdivide 0.335 acres, described as 529 and 533 North Rouse Avenue, into two single- household residential lots, as requested by Bob Baldwin, for Kenneth and Florence Baldwin Trust, under Application No. P-06001. Historic Preservation Planner Allyson Bristor presented the staff report. She noted that staff has reviewed the application in light of the applicable criteria and staff's findings are contained in the staff report. Staff has forwarded a recommendation of conditional approval. She noted that this is a public meeting and not a public hearing. She is just here to answer questions about the staff report. 03-06-06 - 9 ~ Planning Director Epple noted that one home currently exists on each of the proposed lots. Mayor Krauss noted that Rouse is scheduled for aggressive changes in the future. Planner Bristor noted that there are additional easements on the property that engineering believes are sufficient to widen Rouse. It was moved by Commissioner Jacobson, seconded by Commissioner Becker, to approve for preliminary plat for first minor subdivision to subdivide 0.335 acres, described as 529 and 533 North Rouse Avenue, into two single-household residential lots, as requested by Bob Baldwin, for Kenneth and Florence Baldwin Trust, under Application No. P-06001, subject to the following conditions: 1. Unless the applicant can show that water rights or cash-in-lieu thereof was provided with annexation, water rights or cash-in-lieu thereof, as calculated by the Director of Public Service, is due for the new lot with the final plat. 2. Executed waivers of right to protest creation of special improvement districts (SIDs) for a park maintenance district shall be filed and of record with the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the filed documents shall be submitted with the final plat. 3. The final plat shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 4. Regarding the 20' easement for North Rouse Avenue, revise the drawing label and the certificate text to read "20' wide Public Street and Utility Easement." The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jacobson, Commissioner Becker, Commissioner Rupp, and Mayor Krauss. Those voting no being none. Request for $30.000 from City of Bozeman for The Road to Home prOQram - HRDC District IX Included in the Commissioner's packets was, from HRDC, District IX, a request for $30,000 for the Road to Home program. City Manager Kukulski noted that last year the Commission dedicated one mil to affordable housing, and this is the one and only request for this fiscal year and he is not anticipating any more requests. This program is also already in existence, and he added that this request would make up a little more than half of the mil for this fiscal year. Mayor Krauss asked if we have a full accounting of what was spent on the affordable housing. Finance Director Rosenberry noted that what has been spent of the big box money is two separate $100,000 disbursements to the Road to Home program. City Manager Kukulski noted that the commitment was made at the last budget, and half of the big box funds were for affordable housing and half for economic development. Mayor Krauss noted that this is the program that we have funded before, and asked if we have reports back on how that money was spent. Commissioner Rupp declared a conflict of interest, because he is the HRDC Director, but noted that he will participate in the discussion. CAHAB has overseen the two $100,000 disbursements. A majority of it was used for down-payments to purchase homes, but this money requested is for educational activities. It's about $80,000 per year, and it has been funded by HUD partly, and they have reported out in terms of homeowners helped and money leveraged. 03-06-06 - 10 - Mayor Krauss noted that he's willing to approve this, and he hoped it would go to an existing program. It's important to have qualification for the homeowners, however. He is supportive but would like to have an accounting of the $200,000 spent pnor to this and it's good public granting policy. He asks that thiS be done as a condition of the $30,000. Commissioner Becker noted that he's not comfortable conditioning this. Mayor Krauss noted that it's their accounting he wants to see. City Manager Kukulski noted that he's not sure the grant policy has been through the process. He is noting a practical document about how the money was spent and how many people they have helped out. It was moved by Commissioner Becker, seconded by Commissioner Jacobson, to approve the request from HRDC, Distnct IX, to approve the $30,000 request for the Road to Home program. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Becker, Commissioner Jacobson, and Mayor Krauss. Those voting no being none. Commissioner Rupp abstained. Remove Preliminary plat for minor subdivision - subdivide 1.646 acres Ivina alonq east side of Kenyon Drive, adiacent to Josephine Park. into five residential lots and relocate common boundarv- Rocky Mountain Enqineers for Hiahwood Estates, Inc. (P-OS078) (cont) It was moved by Commissioner Rupp, Seconded by Commissioner Becker, that the preliminary plat requested by Rocky Mountain Engineers for Highwood Estates, Inc., be removed from the table for further discussion. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rupp, Commissioner Becker, Commissioner Jacobson, and Mayor Krauss. Those voting no being none. Preliminary plat for minor subdivision - subdivide 1.646 acres Ivina alonq east side of Kenyon Drive. adiacent to Josephine Park. into five residential lots and relocate common boundarv - Rockv Mountain EnQineers for HiQhwood Estates, Inc. (P-OS078) (cont) Ray Center, representing the applicant, stated that what he was trying to do with the pre-application was to not have the cul-de-sac on the hospital property. They were trying to keep the turnaround as far south as possible, to not impact the lots to the north, and to have the trail crossing at the narrowest part of the street. He noted that for the turnaround to miss the park, it's about five and one half feet from the lot line to the north. He noted that there will be a slope from the turnaround to those lots to the north, and putting it to the south lessens the Impact of the slope. The area of encroachment is about 240 sq ft, so it's fairly small. It's the applicant's and PC Development's preference to keep it to the south. Commissioner Rupp asked if it matters where they put it in respect to the property line. Responding to CommiSSioner Rupp, Mr. Center answered that he wants the Commission to be aware of the impact upon PC Development. During the Planning Board meeting it was understood that the Commission might require PC Development to extend Kenyon. As far as Mr. LeClair is concerned, he's not for or against it. He would prefer the sewer for his project to tie into the sewer mains to the north if the cul~ de-sac is further to the south, so he wouldn't have to connect to Highwood Estates sewer. He also stated that it doesn't seem logical to have two separate paths, one for the trail, and one for the manhole. The manhole would be totally out of the trail area, and seems like a better use of the land. Commissioner Rupp noted that he has difficulty looking at this while considering the commitment to the neighbors last week. He's inclined to wait till PC Development submits more permanent plans. Mr. Center noted that they were attempting to utilize the existing cul-de-sac easement platted in about 1982. Mr. Center further responded that there is a letter of commitment from the hospital board that they would follow through with the turnaround. This letter is not legally granted, but in a letter to the previous owner, it was stated that they would provide an easement for the turnaround. There was a letter in 2005 that the current hospital board would live up to that commitment. Brian Caldwell, 733 S. Tracy, stated that he recognizes the difficulty in changing minds with neighbors and he would like to hope that the purpose of planning is to promote and preserve the safety and 03-06-06 ~ 11 ~ welfare of the community. To not provide secondary access to communications and water supply to this portion of this town and to not have two ways to service, is a great concern. Any member of the community should acknowledge that this is more important than keeping rif-raf out of your neighborhood and late night partying. There are a tremendous amount of people in wheelchairs and other conditions, and this was used to access this park. The UDO regulates that 100 percent of the parkland be surrounded by roads, and have an opportunity to provide access to all people of the parklands. After looking at PC Development, there is an opportunity to a stated age-restricted community that would have a greater emergency need for vehicle access. He noted that the DRC feels strongly about connectivity of roads and secondary access and understands the difficulties of making promises to neighborhood groups, but there are larger issues at hand. Ken LeClair, applicant, commented he would like to go ahead. If the hospital approval comes soon, he wouldn't mind putting this on hold. He also stated that he's fine with putting the street through. City Manager Kukulski noted that he talked to Director Winn and a temporary access isn't as beneficial as was perceived. Responding to Commissioner Becker, Director Winn responded that there are a number of emergency access and they are failed attempts to provide access. What happens is that the first snow that falls, they are forgotten about and people block them. To try to train people and provide keys to gates and to not have them accessible is harder to deal with than to just deal with a dead end. Commissioner Seeker asked about the letter received from T. Weaver. He stated that he was promised that there would never be through traffic on Kenyon, the water tower would never be industrial, and the lots would never be divided. Director Epple noted that he has no idea who promised that. Director Epple noted that this Commission has required more connectivity in the last few months. He added that it was a given that as the hospital came in, with a pre-existing platted right of way that they would connect. It's been communicated to the Bozeman Deaconess, and they don't care but aren't 'particularly interested in putting the road through. Bozeman Deaconess used the language of possible future connection. He stated that we've got to think about last week's Commission action. He added that the plan for Bozeman Deaconess comes back for final approval soon, and the Commission will see it again, but if access is precluded, the Commission has themselves in a bit of a corner. Commissioner Rupp stated concern with safety as well. The applicant has proposed moving the cul-de-sac to either north or south of the property line and not prejudge what the hospital would do. Commissioner Rupp noted that we can't fix the unsafe hospital situation tonight and the question tonight is if we want to keep connectivity as an option. City Manager Kukulski noted that with last week's deciSion, If they aren't going to connect the road, then the cul-de-sac should be permanent. Commissioner Rupp noted that last week it was explained to him that neighbors would be involved. City Manager Kukulski noted that the Commission specifically excluded connection of the road and staff tried to discourage that. Commissioner Jacobson noted that if we're going to have open and transparent government, then we can't undo anything if the people aren't here. Director Epple noted that the applicant's representative asked about tabling this project for 90 days to 6 months, waiting for more clarity from the hospital plans, and possibly a more informed decision can maybe be made. Mr. Center noted the applicant would like to proceed, but there is time, so if the review of PC Development's proposal can be done in a reasonable period of time, they would feel comfortable tabling this proposal and revisiting it after their proposal has gone through review. Mayor Krauss asked if they are willing to waive the review requirement, and Mr. LeClair answered yes. 03.06-06 - 12 - Director Epple noted that the hospital pre-application will be in front of the Commission next week. It was moved by Commissioner Becker, seconded by Commissioner Jacobson to table the application for preliminary plat for minor subdivIsion, requested by Rocky Mountain Engineers for Highwood Estates, Inc., until June 5, 2006. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Becker, Commissioner Jacobson, Commissioner Rupp, and Mayor Krauss. Appointment of City of Bozeman representative to the Montana Public Power Inc.. Board of Directors Included in the Commissioner's packets was an email announcing Mayor Krauss' resignation from the MPPI Board of Directors effective March 6, 2006. Mayor Krauss noted that the Commission has an obligation as a founding member of this corporation, and thiS IS a serious effort with a genuine possibility of success. Mayor Krauss noted that he will trade Commissioner Rupp for the TCC. Becker noted he would be an alternate to the MPPI Board. Responding to Commissioner questions, City Attorney Luwe noted that if the person is within the scope of their employment, they will be indemnified. When you act outside of your job, the person is not covered. It was moved by Commissioner Becker, seconded by Commissioner Jacobson, to appoint Commissioner Rupp, with Commissioner Becker as an alternative to the MPPI board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Becker, Commissioner Jacobson, Commissioner Rupp, and Mayor Krauss. Those voting no being none. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Schedule of joint City-County Commission meetings for 2006. (2) Agenda for School District 7 meeting to be held March 6, 2006, 7:00 p.m., at Willson School Board Room #122. (3) Agenda for Gallatin County Commission meeting to be held March 7, 2006, 9:00 a.m., at the Community Room In the Gallatin County Courthouse. (4) Minutes for SWMD board meeting from the February 15, 2006, meeting. (5) Minutes for the City-County Board of Health from the January 26,2006, meeting. (6) Director Arkell met with Phill Olson from the Solid Waste District, and the are interested in working with our landfill to create a convenience site at our landfill. She sought Commission direction to look at using the scale as well as if they are open to the idea of allowing the landfill site to be used as a convenience station for county residents. Mayor Krauss stated he would be supportive if the City could generate revenue. (7) Director Epple requested feedback for a property off of Kagy that is considering being developed. The owners want to know if the city would be open to the possibility of annexation. Director Epple noted he will tell the applicants that there is no approvals implied for any kind of development. (8) City Manager Kukulski had a breakfast meeting over the situation on campus with the drug ring, noting there have been nine expulsions dealing with drugs this year. Working collaboratively he is interested in being a part of, if not the initiator of, further enforcement efforts. 2) Finance and the other departments have been working on the CIP and the budget. 3) Assistant City Manager Brey wanted to bring up the Park and Recreation discussion about the cash in lieu task force. The implication was that this 03-06-06 . - 13 - commission would appoint a task force to look into that. The request is whether the Commission is comfortable with the Recreation and Parks Advisory Board appointing a task force to review. Mayor Krauss stated that he is ok, but wants to be involved; Commissioner Becker wants to be involved somehow. Mayor Krauss stated he is more comfortable with Mr. Brey putting the board together. Nothing was decided. 4) they are Interviewing for the Executive Assistant to the City Manager position, and the City Clerk is leaving in less than a month. If any Commissioner want to be engaged in the discussion about hiring, they are welcome. Mayor Krauss wanted to be involved. 5) The City is closing on the execution of the Powderhorn site. Mayor Krauss asked City Manager Kukulski for his approval of the appraisal in writing. 6) He also noted that we got an interesting announcement that a helicopter company is basing it's engineering aspect here. (9) Commissioner Rupp mentioned that he wants to see a list of the seven-figure CIP projects pending, a list of all the planning documents that are being reviewed, and a synopsIs of the new tax areas. He also asked staff what is going on with the affordable housing area and the UDO suggestions recommended by CAHAB. The City Manager responded that it's important for the revisions to go through the same revision process that other UDO revisions go through. Staff was directed by the Commission to do what it takes to start the CAHAB UDO revisions through the process. Commissioner Rupp also brought up the discussion and education that have been going on in other areas of the country regarding land issues, and he felt like he and other administrators might want to go to some of them and become better informed. (10) Commissioner Jacobson stated that she thinks the City should adopt an ordinance regarding public-private partnerships. The City Manager replied that if a Commissioner did the research, it would be easier for staff to enact a piece of legislation In regards to that issue. Commissioner Jacobson noted that she will research it further. 2) Last Wednesday at the Bozeman Professional Women's Association, Ms. Alice Meister, Library Director, was awarded the outstanding achievement of the year. (11) Commissioner Becker suggested that the City look into adopting legislation like the Kyoto Protocol dealing with environmental issues. Responding to questions from Commissioner Becker, City Manager Kukulski gave an update on the Whitefish trip and elaborated on the dates. The City Manager noted that he thinks the discussions With the Whitefish Council and staff will go all day Friday. (12) Mayor Krauss noted that the Impact Fee Advisory Committee is meeting to look at the selection of a consulting group and he plans to attend. He mentioned that ForParks is looking into a trail around their park that is different from what was approved by the Commission. Director Epple noted that they will need a variance to proceed. (13) Commissioner Jacobson noted that it's up to the hospital to come up with a plan that has good connectivity without connecting Maple Street (14) The Commission directed staff to review the Solid Waste District on the next City-County agenda. Adiournment - 9:44 p.m. There being no further business to come before the Commission at thiS time, Mayor Krauss adjourned the meeting. 03-06-06 ATTEST: t?I:! stva~ City Clerk - 14 - ~s~~ PREPARED BY: flAU-- Devin M. Harbour Deputy City Clerk 03~06-06