HomeMy WebLinkAbout1. 9-22-2014 minutes
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, September 22, 2014
Mayor - Jeff Krauss: Present
Deputy Mayor - Carson Taylor: Present
Commissioner - Chris Mehl: Present Commissioner - Cynthia Andrus: Present
Commissioner - I-Ho Pomeroy: Present Staff Present: City Manager Chris Kukulski, City Attorney Greg Sullivan and City
Clerk Stacy Ulmen.
Table of Contents
A. 06:01:42 PM Call to Order – 6 p.m. – Commission Room, City Hall, 121 North
Rouse Mayor Krauss called the Meeting to order at 6:01 p.m.
B. 06:01:48 PM Pledge of Allegiance and a Moment of Silence
C. 06:02:25 PM Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the
Agenda. Consent Item 3 will be added as Action Item 1 and an additional special
presentation will occur on the Police armored vehicle.
D. 06:04:10 PM Public Service Announcement – No City Commission meeting on September 29th as it is the fifth Monday of the month (Ulmen)
E. 06:05:34 PM Minutes – September 8, 2014
06:05:39 PM Motion and Vote to approve the September 8, 2014 minutes as submitted.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd
Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
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Bozeman City Commission Minutes, September 22, 2014
F. 06:06:08 PM Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Award Bid for the purchase of one new refuse Sideload Packer to be
installed on Existing Chassis (Handelin)
3. Findings of Fact and Order for the Legends at Bridger Creek II, Phase III Major Subdivision Preliminary Plat, Application P14022 (Quasi-Judicial)
(Rogers)
4. Sub-recipient Agreement with Gallatin County for the purpose of passing
Federal Funds in support of the Missouri River Drug Task Force (Price)
5. Amendment to Professional Services Agreement with Tetra Tech Inc. for
ongoing post-closure soil gas investigation at the Story Mill Landfill
(Johnson)
6. Memorandum of Understanding with the Montana Bureau of Mines and
Geology providing for the installation and maintenance of a stream gage
on Lyman Creek (Heaston) 7. Bozeman Deaconess Hospital Medical Office Building (MOB)5, Release and Reconveyance and Water and Sewer Pipeline Easements (Johnson)
8. Amended Plat of Lots 8-15, Block 5 & Lots 14-18, Block 9, Meadow Creek Phase 1 Major Subdivision Final Plat, Application P13046 (Rogers)
9. Contracts for Snow Removal Services for City Facilities to Alpine Lawn
Care, Big Horn Snow Removal, Granite Peak Hardscape and Landscape
and Solstice Landscaping (Goehrung)
10. Support from the City for the Regional Conservation Partnership Program
titled “Missouri Headwaters and Lower Gallatin Basin Conservation &
Restoration” and being a committed partner to the project (Overton)
06:06:23 PM Public Comment on Consent Items 1-2 and 4-10.
Mayor Krauss opened public comment.
No person commented. Mayor Krauss closed public comment.
06:06:36 PM Motion and Vote to approve Consent Items F. 1-10 as submitted.
G. 06:07:00 PM Public Comment 06:07:34 PM Rick Gale, Public Comment
Mr. Gale stated that on September 27th the Community Alcohol Coalition on Drug
Awareness along with partners are providing a safe, convenient, and responsible means
of disposing of prescription drugs at the Law & Justice Center from 10 a.m.-2 p.m. as
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Bozeman City Commission Minutes, September 22, 2014
part of the National Drug Take back day.
06:09:24 PM Public Comment Closed.
Mayor Krauss closed public Comment. H. 06:09:30 PM Special Presentations –
1. 06:09:31 PM Bearcat Armored Rescue Vehicle (Kukulski)
Mr. Kukulski gave the Commission an update regarding the process related to the Bearcat Armored Rescue Vehicle. He stated that the vehicle is for high risk situations and
is a regional piece of equipment for southwest Montana. Discussion took place between
the Commission and Staff related to the process of acquiring the vehicle. Police Chief
Price spoke regarding the training that needed to occur before the vehicle was mobilized. He also stated that this vehicle provides a safe approach to incidents where gun fire may occur or has occurred because the panels are bullet proof.
2. 06:30:55 PM Update on Story Mill Landfill Corrective Measures
Assessment (Kukulski/Woolard)
06:32:17 PM Craig Woolard, Public Works Director
Mr. Woolard gave the staff presentation regarding the update on the Story Mill Landfill
Corrective Measures Assessment. This is a different approach then the remediation systems in individual homes, and now one will be placed at the Landfill. This will be
placed in the landfill by the Department of Environmental Quality. The Corrective
measures Assessment Process will be posted on the DEQ Website. The comment period
is 30 days. The Public is urged to comment to the DEQ.
06:43:16 PM Joe Gutkoski, Public Comment
Mr. Gutkoski spoke regarding the PCE was discovered and analyzed. That was one of the
5 toxics that were in the Bozeman Solvent Site. He is wondering if that toxic was the only
one brewing or changing in the landfill? It is a very, very toxic substance.
06:45:27 PM Gyle Sensor, Public Comment
Mr. Sensor stated that he is excited that City is planning remediation at the landfill. He
spoke about the diligence of assumptions that gases may have caused, and stated that the
technologies recommended are piloting. They are not proven and wondered if this is
some type of unfunded mandate? He wondered what vetting is being done and urged the Commission to make sure they have all of the facts.
06:49:46 PM Christian Wilcox, Public Comment
Mr. Wilcox stated that they shouldn’t have built on the site in the first place. It was an
approved site. Public comment is allowed and the City works hard to improve the area where we live. We need to get rid of the lawsuits. Get on with it. Life is liberty.
06:51:47 PM Public Comment closed.
Mayor Krauss closed public comment.
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06:52:26 PM Mr. Woolard
In response to the public comment about questions related to PCEs, they are addressed in
the report.
I. 06:52:54 PM Action Items
06:52:56 PM Consent Item 3. Findings of Fact and Order for the Legends at Bridger
Creek II, Phase III Major Subdivision Preliminary Plat, Application P14022 (Quasi-Judicial) (Rogers)
06:53:18 PM Motion and Vote to approve Findings of Fact and Order for the Legends
at Bridger Creek II, Phase III Major Subdivision Preliminary Plat, Application
P14022
Deputy Mayor - Carson Taylor: Motion
Commissioner - Cynthia Andrus: 2nd
Mayor - Jeff Krauss: Disapprove
Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve 1. 06:54:12 PM Resolution 4550, Modification of Special Improvement
Lighting District 714 for Southbridge Subdivision Phase I, IA, II & III
(Rosenberry)
06:54:23 PM Staff Presentation
Anna Rosenberry, Administrative Services Director gave the staff presentation for
Resolution 4550, Modification of Special Improvement Lighting District 714 for
Southbridge Subdivision Phase I, IA, II & III.
06:58:06 PM Commission Questions for Staff
The Commission and staff discussed the administrative savings and fixtures moving into
the LED generation.
06:59:53 PM Public Comment Mayor Krauss opened public comment.
No person commented.
Mayor Krauss closed public comment.
07:00:04 PM Motion to approve Resolution 4550, modifying Special Improvement Lighting District 714 for Southbridge Subdivision Phase I, IA, II & III. Commissioner - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd 07:00:17 PM Commission Discussion on the motion
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Bozeman City Commission Minutes, September 22, 2014
Cr. Andrus stated that it makes sense to consolidate. The cost is shared by all in the area
and administrative savings.
07:00:41 PM Vote on the Motion to approve Resolution 4550, modifying Special Improvement Lighting District 714 for Southbridge Subdivision Phase I, IA, II & III.
Commissioner - Cynthia Andrus: Motion
Commissioner - Chris Mehl: 2nd
Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve 07:01:02 PM Break Mayor Krauss called for a break.
07:14:17 PM Meeting called back to order.
Mayor Krauss called the meeting back to order. 2. 07:14:20 PM The Norton East Ranch Major Subdivision Phase 3,
Preliminary Plat to subdivide approximately 119.90 acres into 104 single-
household residential, 6 townhouse residential, 2 restricted development
lots, and the remaining area as streets, common open space, and parkland generally located west of Laurel Parkway and south of West Babcock
Street, Application P14037 (Quasi-Judicial) (Krueger)
07:14:35 PM Staff Presentation Staff Planner Brian Krueger gave the staff presentation regarding the Norton East Ranch
Major Subdivision Phase 3, Preliminary Plat to subdivide approximately 119.90 acres
into 104 single-household residential, 6 townhouse residential, 2 restricted development
lots, and the remaining area as streets, common open space, and parkland generally
located west of Laurel Parkway and south of West Babcock Street, Application P14037.
07:31:05 PM Commission questions for Staff
The Commission and Staff discussed shared building of the road, park land and
maintenance thereof, fencing between the land and the conservation easement.
Dedications of parkland vs open space area, 5ft vs 10ft pathways, West Babcock construction, the right-of-way area and police and fire access.
07:58:52 PM Applicant Presentation. The Applicant representative gave the applicant presentation for the Norton East Ranch
Major Subdivision Phase 3, Preliminary Plat to subdivide approximately 119.90 acres
into 104 single-household residential, 6 townhouse residential, 2 restricted development
lots, and the remaining area as streets, common open space, and parkland generally
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Bozeman City Commission Minutes, September 22, 2014
located west of Laurel Parkway and south of West Babcock Street, Application P14037.
The representative stated that they are offering 30% more parkland than required. They
are fine with not putting in West Babcock.
08:00:10 PM Commission questions for Applicant
The Commission and applicant discussed open space, the 10ft sidewalks, consistency
with the north-south trail connector, maintenance of the open space area and condition
no. 11.
08:05:03 PM Public Comment.
Mayor Krauss opened public comment.
08:05:20 PM Kelly Pohl, Public Comment
Ms. Pohl spoke regarding the issue of perpetuity regarding the conservation easement. These are protected. She feels that it is appropriate to terminate West Babcock. This is a great use of open space.
08:08:08 PM Lyle Happel, Public Comment
Mr. Happel referred to his brother’s email and stated that there is not a reason to extend Babcock. He urged that the Commission keep that open space. Trespassing will be a problem.
08:10:37 PM Al Lien, Public Comment
Mr. Lien urged that the City talk to the landowner in section 16, and find out what will happen to the water in the area. He spoke regarding the culvert under the highway. The
conservation easement has been there since 1997. Buffer strip and parkland is a positive.
He urged that a horticulture expert give advice of plant species to cover his attractive
nuisance. W need to consider water conservation growth. He is not impacting anyone.
Impacts will be positive. He urged the Commission to consider maintenance issues along the irrigation ditch.
08:15:21 PM Public Comment closed.
Mayor Krauss closed public comment.
08:15:32 PM Motion that having reviewed the application materials, considered public
comment, and the staff analysis, I hereby adopt the findings presented in the staff report for P14037 and move to approve the preliminary plat for the Norton East Ranch
Major Subdivision, Phase 3 with the recommended conditions in Planning Board
Resolution P14037. Commissioner - Cynthia Andrus: Motion
Commissioner - I-Ho Pomeroy: 2nd 08:16:01 PM Friendly amendment to change condition 11 to be:….”the proposed linear park 2-6….” Made by Cr. Mehl. Cr. Pomeroy agreed.
08:17:26 PM Motion to eliminate Condition 11.
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Bozeman City Commission Minutes, September 22, 2014
Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Carson Taylor: 2nd 08:18:36 PM Commission discussion on the Amendment Cr. Pomeroy stated that we should take care of this one.
Deputy Mayor Taylor stated that there are valid reasons to take park land.
Mayor Krauss stated that we don’t have to maintain it. We are asking for parkland and
amenities and they are doing something in return, which is pouring a 10ft path. Nothing wrong with a 5ft sidewalk between the neighborhood center area and it is within our code to put it there. There is nothing in health and safety codes to build a 10ft path.
Cr. Mehl stated that this is a nice amenity.
Cr. Andrus stated that she is leaning toward accepting as parkland.
08:35:51 PM Vote on the Amendment to eliminate condition 11. Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Carson Taylor: 2nd
Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
08:36:20 PM Amendment to the Main Motion (the City will keep the right-of-way for
West Babcock) but for timing purposes we will only require the building of West
Babcock to the western edge of the most western north south street.
08:37:19 PM Commission discussion on the Amendment
Mayor Krauss stated that it is his understanding that we are protecting this land. We
could anticipate the City growing beyond this piece of land but that doesn’t mean that we
need to do it right now. In the future we will be looking at the Bozeman area
transportation plan and this area. Deputy Mayor Krauss chooses not to speculate.
Cr. Andrus stated that she will support the Motion. She does not take it lightly when a
developer pays for a road. She appreciates conservation easements.
08:41:28 PM Vote on the Amendment to the Main Motion (the City will keep the
right-of-way for West Babcock) but for timing purposes we will only require the building of West Babcock to the western edge of the most western north south
street.
Commissioner - Chris Mehl: Motion
Deputy Mayor - Carson Taylor: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
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Bozeman City Commission Minutes, September 22, 2014
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve 08:41:46 PM Discussion on the Main Motion as amended.
Cr. Mehl stated that he concurs with staff section 5 and that he does not see our actions
today as effecting the perpetuity discussion. Deputy Mayor Taylor appreciates the concept in regards to conservation easements. As far as the issue of fence between the City and the conservation easement, he is hoping it could work out without a fence. The City as a good neighbor.
Cr. Andrus stated that this is a great subdivision. She likes the design
Mayor Krauss stated that this does establish a hard edge to the City. This is preferable.
He spoke regarding concerns of loose dogs with having the park along the agriculture area.
08:48:11 PM Vote on the Main Motion as Amended that having reviewed the
application materials, considered public comment, and the staff analysis, I hereby
adopt the findings presented in the staff report for P14037 and move to approve the preliminary plat for the Norton East Ranch Major Subdivision, Phase 3 with the recommended conditions in Planning Board Resolution P14037.
Commissioner - Chris Mehl: Motion
Commissioner - I-Ho Pomeroy: 2nd Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve
Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
3. 08:48:32 PM Reappointments to the Tree Advisory Board (Brunckhorst)
08:48:54 PM Motion and Vote to reappoint William Hoch and Scott Makoutz to the
Tree Advisory Board. Commissioner - I-Ho Pomeroy: Motion
Deputy Mayor - Carson Taylor: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve
4. 08:49:19 PM Appointment to the Wetlands Review Board (Brunckhorst)
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08:49:21 PM Motion and Vote to appoint Breanne Huckabone to the Wetlands Review
Board.
Deputy Mayor - Carson Taylor: Motion
Commissioner - Cynthia Andrus: 2nd
Mayor - Jeff Krauss: Approve
Deputy Mayor - Carson Taylor: Approve
Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve
Commissioner - I-Ho Pomeroy: Approve J. 08:49:38 PM FYI/Discussion
1. 08:49:43 PM House Joint Resolution (HJR) 2 Public Records Bill Draft Update (Ulmen)
City Clerk Stacy Ulmen updated the Commission pertaining to the proposed Public
Record Statute bill draft.
2. 08:59:55 PM League of Cities and Towns Meeting update. Mr. Kukulski handed out the items that were discussed at the League of Cities meeting
early in the day.
3. 09:00:12 PM Rouse Justice Center Community Meeting this Thursday at the Library at 6 p.m.
K. 09:00:42 PM Adjournment
Mayor Krauss adjourned the meeting at 9:00 p.m.
______________________________ Jeffrey K. Krauss, Mayor
ATTEST:
______________________________________ Stacy Ulmen, CMC, City Clerk
PREPARED BY:
______________________________________
Stacy Ulmen, City Clerk
Approved on ___________________________
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