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Home My WebLink About09-22-2014 Minutes, City Commission 9'L �► co. 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 -0 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 �- a 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: pprove Commissioner- Chris Mehl: Approve Commissioner- Cynthia Andrus: Approve Page 1 of 10 Bozeman City Commission Minutes, September 22, 2014 Commissioner - I-Ho Pomeroy: Approve F. 06:06:08 PM Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) a 2. Award Bid for the purchase of one new refuse Sideload Packer to be installed on Existing Chassis (Handelin)f a 3 Findings of Faet .,n Order- r 4he Legends nds a4 Br-idger Creek TTTTT J. �Z , Phase Major U4U1 V1J1V1111V1131111Ii.ZiPlat, (Rogef,$)-- - 4. Sub-recipient Agreement with Gallatin County for the purpose of passing Federal Funds in support of the Missouri River Drug Task Force (Price) KIL a 5. Amendment to Professional Services Agreement with Tetra Tech Inc. for ongoing post-closure soil gas investigation at the Story Mill Landfill (Johnson) c-45 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) G� 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) `l�a 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) 4 a 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 271h the Community Alcohol Coalition on Drug Page 2 of 10 Bozeman City Commission Minutes, September 22, 2014 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 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) `I-a 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, Puhlic 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. Page 3 of 10 Bozeman City Commission Minutes, September 22, 2014 06:51:47 PM Public Comment closed. Mayor Krauss closed public comment. 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,Pit ase 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) `! a 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 1, 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,L4,II& III. Page 4 of 10 Bozeman City Commission Minutes, September 22, 2014 Commissioner- Cynthia Andrus: Motion Commissioner- Chris Mehl: 2nd 07:00:17 PM Commission Discussion on the motion 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, L4,H& 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) KI-C� 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. Page 5 of 10 Bozeman City Commission Minutes, September 22, 2014 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 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 loft 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. 08:10:3 7 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. Page 6 of 10 Bozeman City Commission Minutes, September 22, 2014 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. 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 1Oft 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 I Oft 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. Page 7of10 Bozeman City Commission Minutes, September 22, 2014 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 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) "Lp 08:48:54 PM Motion and Vote to reappoint William Hoch and Scott Makoutz to the Tree Advisory Board. Page 8of10 Bozeman City Commission Minutes, September 22, 2014 Commissioner- I-Ho Pomeroy: Motion Deputy Mayor - Carson Taylor: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Ta lo�pprove Commissioner - Chris Mehl: Approve Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 4. 08:49:19 PM Appointment to the Wetlands Review Board(Brunckhorst) ti-p 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. Je ey qWs, Ntayor Page 9 of 10 Bozeman C Commim on Minutes, September 22, 2014 ATTESt--'- < I A=A Sta y IJ(!mld 'CMQ3 rt'�-Oerk 'i, PREPARED BY: St cy en, City Clerk Approved on 'ry) Page 10 of 10