HomeMy WebLinkAbout04-06-2015 Archive City Commission Minutes 8
THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, April 6,2015
Mayor- Jeff Krauss: Present
Deputy Mayor- Carson Taylor: Present
Commissioner- Chris Mehl: Present
Commissioner - Cynthia Andrus: Present
Commissioner - I-Ho Pomeroy: Present
Staff Present: City Manager Chris Kukulski,Assistant City Attorney Karen Stambaugh,
Assistant City Attorney Tim Cooper, and Deputy City Clerk Pearl Michalson.
A. 06:01:33 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. 06:02:18 PM Pledge of Allegiance and a Moment of Silence
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C. 06:02:24 PM- Changes to the Agenda
Mayor Krauss asked City Manager Chris Kukulski if there were changes to the
agenda. Mr. Kukulski stated that the following changes applied to the agenda:
Action item number two, Cattail properties, typo should match action item
number one, 46 townhouses and 4 single family households. There's a potential
addition to the FYI. Action item three is postponed to the April 13th agenda.
D. 06:03:17 PM Consent
City Manager Chris Kukulski gave an overview of the items on consent.
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1. Authorize Payment of Accounts Payable Claims for Goods and Services (,
(LaMeres)
2. Professional Services Agreement with KLJ in the amount of$60,000 for
the Evaluation of the City's Neighborhood Conservation Overlay District
(Kramer)
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April 6,2015 Bozeman City Commission Meeting Minutes
3. Resolution 4588 Confirming the Appointment of new Police Officers in
Accordance with Montana Code Annotated 7-32-4108 and 7-32-4113
(McLane)
4. Amendment No. 2 to Professional Services Agreement with Confluence
Consulting for Bozeman Creek Enhancement Project Design(Poissant)
5. Cottonwood Corner Subsequent Minor Subdivision Preliminary Plat
Application P14059 Findings of Fact and Order (Davis)
6. West Winds Phase 2 A&B, Subsequent Minor Subdivision Preliminary
Plat Application P15006 Findings of Fact and Order (Brekke)
7. Memorandum of Understanding with Missouri River Drug Task Force for
Fiscal Year 2016 and 2017 for establishing General Guidelines and
Operational Procedures for a Multi-agency Task Force to address Drug-
related Crime (McLane)
8. Memorandum of Understanding with Montana Department of
Transportation stating that they will either Participate or Construct their
portion of the Shared Use Pathway located at the Northeast Corner of
Frontage and Nelson Road, fulfilling a Condition for Site Plan Application
Z14138 (Davis)
9. Notice of Award for the Fiscal Year 2015 Seal Coat Improvements to
Knife River of Belgrade in the amount of$210,807.75 (Kerr)
06:05:39 PM Public Comment
Mayor Krauss opens public comment agenda items on Consent.
06:05:49 PM John Howl,Public Comment
KLJ Consultant John Howl gave public comment that there will be a public
meeting next Tuesday night,April 14th at 6pm in the Commission Room.
06:06:24 PM Public Comment Closed
Mayor Krauss closed public comment.
06:06:28 PM Motion and Vote to approve Consent Items 1-9 as submitted.
Deputy Mayor- Carson Taylor: 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
E. 06:06:56 PM Public Comment
Mayor Krauss called for General Public Comment as it pertains to the purview.
06:07:42 PM Clint Sly,Public Comment
Mr. Sly Talked about the legends two development. There have been 23 responses
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of which 21 of those responses are opposed to the changes. There is also
unintended use of the restroom. The changes don't feel warranted. Residence
would like to keep the Creek open and get the developer out of building the
restroom. Additionally, the HOA would love to have this on the agenda next
week.
06:09:33 PM-Mayor Krauss confirmed that this issue will be put on the agenda
for next week.
06:09:46 PM Daniel Dopler,Public Comment
Mr. Dogler presented new information from the developer who would be willing
to pay thirty-thousand dollars to put the restrooms in and pay that directly to the
city as well as give the land for park land as an additional option.
06:10:27 PM-Public Comment is closed
Mayor Krauss closed public comment.
F. 06:10:42 PM Special Presentations—
1. Update on Story Mill Landfill Corrective Measures Assessment(Woolard)
06:10:42 PM Staff Presentation
Director of Public Works, Craig Woolard discussed updates to the Story Mill Landfill
Corrective Measures. Mr. Woolard talked about the landfill remediation system which
was introduced to prevent contaminant migration off site and required a regulation
process. A corrective measures assessment (CMA) was done and the recommendation
was for soil vapor extraction, vadose air injection, air sparging and enhance gas
extraction. This information was given to the public and the DEQ requested more
information be submitted. After receiving and reviewing the information, DEQ sent back
an acceptance letter of the results on March 31, 2015. There will be an opportunity to
give a public comment on the loan application process. Construction will happen
approximately early summer or late fall, after the acceptance report received by the DEQ.
2. Bridger Creek Community Vapor Intrusion Human Health Assessment
(Woolard)
06:17:06 PM Staff presentation continued.
Craig Woolard introduced Paul Chrostowski, the risk assessment expert who will speak
on special presentation two, the Bridger Creek Vapor Intrusion Human Health
Assessment. He has a BS degree in chemistry and master's and PHD degrees in
environmental science as well as years of experience doing health risk assessments for
public, private and governmental agencies around the nation.
Paul Chrostowski, talked about the risk assessment, technical terms and information
found during this risk assessment (mathematical and scientific techniques used) over the
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April 6,2015 Bozeman City Commission Meeting Minutes
Bridger Creek sample areas around Bridger three. The data gathered identified the most
important if any health risks to the public associated with the landfill.
The US EPA has been dictated by those guides. This is an objective study that follows
the federal guidelines. Risk assessment, perception and management is a four step
process that identifies hazards, dose-response, exposure assessment, and risk
characterization. This information tries to present an overall picture and categorizes the
risk. The odds in this risk assessment are probabilities (odds) and do not necessarily
equate certainties.
Paul Chrostowski continued to talk about the different effects were assessed specifically
different residences. The Bridger Creek Communities that were tested studied and
analyzed over 350 samples, 62 chemicals were looked for; 37 sub slab and 35 indoors.
Overall, 10 of these chemicals were found. Of the 10 chemicals found, only benzene and
trichloroethene were found to be probable to causing cancer. However, this has a range of
1 in 100,000.00 in lower for communities in the Bridger Creek Community.
Neither chromic nor acute affects are likely to occur via EPA and DEQ Criterion.
Randomly sampled homes or home yet to be built on a lot ranged from 4 in 10 million
and 1 in 100 thousand. Non cancer hazards ranged from 0.03 to .08 million. Each was
within standards. Radon gas was also tested before the instillation of a mitigation system.
78% exceeded EPA guidelines yet after instillation 14% of radon gas was detected.
Monitoring to date has been adequate to indicate that mitigation is not necessarily needed
for these residences. The results are too low for further public health intervention. The
conclusion states that the risk assessment prior to mitigation were all within acceptable
risk ranges and the results are lower than the those associated with everyday life.
06:47:35 PM-Public Comment
Mayor Krauss opened public comment.
06:48:04 PM-Joe Gutkowski,Public Comment
Mr. Gutkowski worries about the toxic chemicals had has attended all the hearings and
reviewed all the public comment on the issues on the risk assessment. Of the 10
chemicals that were mentioned, he is only familiar with four of them. He would have
loved to hear about the other 6 chemicals. Mr. Gutkowski worries about the chemicals
that are not being talked about.
06:54:50 PM Steve Enoch,Public Comment
Mr. Enoch questioned the risk assessment in regards to the liner'cell. According to a
report published by the EPA in 1988,the report stated that no liner cell can keep all liquid
chemicals out for all time. Would like the commission to be aware of what happens when
the liner starts to degrade.
06:58:07 PM Ed Moraority,Public Comment
Mr. Moraority asked how much did the city pay for their expert, who hired this person
and how long has the city had this information? Mr. Moraority wonders if the expert has
seen the designs.
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07:02:05 PM Public Comment closed
Mayor Krauss closed Public Comment and opened discussion.
Commission Discussion
07:02:10 PM Commissioner I-Ho Pomeroy had questions for Paul Chrostowski. Ms.
Pomeroy is concerned about the safety of everyone and asks Mr. Chrostowski the
following questions; what is the average level of organic compound in a person's home,
who established the safe level of exposure, what is the safe level of exposure, are some
vital organic compounds more dangerous than others, and what type of compounds where
found.
07:03:00 PM Mr. Chrostowski went into detailed explanation stating that the data
collected was averaged in the table evidence he submitted and the data of the safe level of
exposure was established by the superfund law in 1980 by congress. The state of
Montana accepted the middle point of those criteria. The US uses these criteria
throughout everything they test. Furthermore, the safe level of exposure is under the
usual levels of exposure, there are some vital organic compounds that have been found to
be known cancer chemicals. There are 37 different compounds where found and the main
10 top toxic where looked for by Tetratec.
07:06:56 PM Deputy Mayor Carson Taylor asked about risk management and the
mitigation systems, radon, and wonders if the mitigation systems did help reduce the
radon.
07:07:14 PM Paul Chrostowski answered Deputy Mayor Taylors questions and explains
that the migration system is a risk management technique and says radon does not
normally come from landfills.
07:08:20 PM Commissioner Cyndy Andrus asked for clarification about radiation and
mitigation.
07:08:36 PM Mr. Chrostowski stated that remediation is a large scale physical clean up,
mitigation is putting barriers in place in order to prevent the vapors from getting into the
homes. Additionally,remediation is injecting something into the ground.
07:09:28 PM Commissioner Chris Mehl asked Mr. Woolard about the processes,
mentions that he would like to wrap up the cost and planning this summer and asks for
clarification about what we are paying for as well as wonders What we are doing to
monitor the 2nd landfill.
07:10:15 PM Mr. Woolard talked about the time line for the landfill mediation system.
Mr. Woolard states that there is a public comment period of 30 days required prior to the
landfill report coming out. Woolard talks about the cost estimate of roughly $900,000.00
per Tetratech. Public works is in the process of trying to borrow 2 million dollars from
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April 6,2015 Bozentmt City Contntission Meeting Minutes
the state revolving fund. Mr. Woolard states that we will monitor the 2nd landfill site
forever. Additionally, Mr. Woolard concurs that we will have additional monitors in
place to verify the system is working.
07:14:04 PM Deputy Mayor Carson Taylor asked if we were able to start monitoring in
Sept,how long will it take to get up and running
07:14:44 PM-Break
Mayor Krauss called for a break.
07:33:52 PM Called back to order
Mayor Krauss called the meeting back to order
07:34:11 PM Mr. Woolard Addressed a few questions not addressed asked in public
comment; public works has spent $43,400.00 on risk assessment. Other questions asked
not addressed; has Dr. Paul Chrostowski seen the design, Dr. Paul was hired to do a
human health assessment and was not asked to review the design because we have other
experts for that.
07:35:43 PM Mayor Krauss closed that portion of the meeting and moved on to action
items.
G. Action Items
1. Cattail Properties Planned Unit Development (PUD) Preliminary Plan
Application Z14367, a Preliminary Plan Development in association with
a Major Subdivision Preliminary Plat Application, to allow 5.208 Acres to
be subdivided into 46 Townhouse Lots, 4 Single-household Lots, and 2
Open Space Lots with associated Parking, Pedestrian Pathways,
Landscaping and related Site Improvements (Quasi-judicial) (Brekke)
07:37:57 PM Staff presentation
Associate Planner Allyson Brekke talked about the application and wants to enter the
staff report as a part of the public record. We usually find condominiums and the average
is 6-16. Cattail is a collector and expected to connect to Ferguson in the future. There will
be 46 townhouse lots 4 single lots. Street A is North to South Street B is East to West
(street B affiliated with a relaxation) PUD looks at how the development is furthering the
improvements of the city. Ms. Breldce talks about the relaxation backing distance,
parking space, and zone code changes. Public Comment on this issue was reviewed and
considered, furthermore the acres per unit and net density was discussed. Several
advisory boards reviewed the overall plan and per the staff report and findings, the
proposed performance package is justifiable.
07:49:32 PM Commission Questions for Staff
Mayor Krauss asks if there were questions for staff.
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April 6,2015 Bozeman City Commission Meeting Minutes
07:49:39 PM Deputy Mayor Carson Taylor asked about performance points, and wonders
if the staff agrees with the number of points. Mr. Taylor also asks if the backing out
distance conforms to downtown parking structure, and is there any engineering
differences backing out from parking lot and driveway? Other questions asked are the
following: is there a snow removable issue? Are there concerns about parking in the
alleys?
07:52:38 PM Ms. Brekke agreed with the numbers, stated that nothing in the code
specifically, talked about the conditions where staff didn't feel comfortable. Ms. Brekke
acknowledged that there had been problems of snow storage. The applicant considered
this and had outlined planned storage in their design and states that if there were concerns
about parking in the ally, we would have not recommended the standard street reduction
and backing distance. Based on what was assessed, the ally width is the standard ally
width.
07:53:44 PM Commissioner Chris Mehl asked for clarification about parking in the ally
07:53:55 PM Ms. Brekke states there's no parking in the alley. There was a backing
distance relaxation.
07:54:20 PM Deputy Mayor Carson Taylor stated over the years,the alleys get abused
and wonders if you can park on cattail when there is snow storm
07:54:53 PM Allyson Brekke stated that Cattail is a collector
07:55:23 PM Commissioner Cyndy Andrus asked about density in the area, are there any
concerns about the proposal?
07:56:05 PM Craig Woolard stated that in general terms, a number of the collectors really
do not function as they should because they are not complete. I don't see the development
causing any troubles
07:56:53 PM Commissioner Cyndy Andrus asked for clarification on pg 267, are there 4
or 3 lots? Lt 26 will not be single family? Asks for clarification on pg 267, are there 4 or
3 lots? Lt 26 will not be single family?
07:57:29 PM Allyson Brekke stated there are 4 single homes being proposed. No, lot 26
will not be a single family home
07:58:49 PM Mayor Krauss asked if there were any more questions for staff and gives
the applicant 10 minutes to present.
07:59:07 PM Applicant and Architect Bayliss Ward wanted to provide Bozeman with the
ability for people to have their own homes. They decided on duplexes, also known as
single family lots. They wanted to reduce sprawl and make it energy efficient which calls
for the shrinking of the lots and feels that based on the density could have put in more
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April 6,2015 Bozeman City Commission Meeting Mitrtttes
homes, but the developer didn't want a tight project. Parking was considered and went
with a four bedroom unit because of this issue. 275 Parking spaces would be allowed
280,000sgft of snow storage would be available before worrying about snow storage.
08:04:17 PM Mayor Krauss asked if there were any more questions for applicant.
08:04:29 PM Commissioner Cyndy Andrus asked about design enhancements, asked why
is this PD? Asked why as an R3 why wouldn't this be build without PUD? Wondered
when we talk about a long truck and you take about 5ft making the ally and driveway
shorter please explain this. Asks about energy efficiency in the home and asks what else
is in the home. Andrus asked about affordability and expanding of the home. Asked how
far the grocery store is.
08:04:46 PM Applicant Responded to questions.
Bayliss Ward stated the home uses energy star, space was allocated for bus stops and
shelters. Smaller homes equal greater value, the way the land is, a PUD is the best
solution.
08:07:14 PM Civil Engineer Chris Wasai stated we have a lot of relaxation on the
surface. This allows us to have greater density. A reduction of 5 feet and the longest lots
adjacent to cattail and blackbird for relaxation 1 and 3. We wouldn't need relaxation 4
and 5. Relaxation 6 allows for curb and gutter and pedestrian pathways. Relaxation 7 still
allows more space. Relaxation 8 and the backup distance of 24 feet. There's 3 relaxations
that are really independent. It was difficult to find units per acre used. We are using gross
and not net area. In Cattail existing R3 is 6-23 units per acre. Here, is 9.6 acres of gross
available.
08:14:28 PM Bayliss Ward- Interjects that the walls, roof, instillation appliances and
other improvements throughout the home contribute to making it energy efficient.
Additionally, want to make sure that people can have the opportunity to get a home and
character for a smaller price point. We wanted to make sure that people have something
people can afford. The homes are located behind Costco and Target, just west of them
both.
08:16:37 PM Commissioner I-Ho Pomeroy had questions for the applicant- What price
do you hope to sell the town houses? Also states that the applicant mentioned a good
product, but wonders what type of counters and flooring will be use in the home? If you
use less expensive materials, the entry house price is affordable and the homeowner can
upgrade later yet the floor plan is very small. These are not affordable housing. Larger
areas of single type housing is discouraged per the staff report, what is your opinion?
08:17:36 PM Bayliss Ward stated that there is approximately $12,500.00 spent in
construction cost. Can't say what the homes will go for. Materials used right now is
concrete slab and cork, this is what we have for now. Homes are still not designed and
will be using sustainable materials. Bayliss states that they're trying to give the best
product for the best price but mentions that price per square foot can escalate quickly and
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April 6,2015 Bozeman City Commission Meeting Minutes
bigger isn't always better. I think a smaller more detail product is better.
08:23:10 PM Commissioner Chris Mehl asked the applicant if he's okay with the staff
report and everything that is in it?
08:23:28 PM Bayliss Ward stated that everything overall looks okay.
08:24:14 PM Public Comment
Mayor Krauss opened up public comment.
No person commented.
Mayor Krauss closed public comment.
08:24:31 PM Mayor Krauss moved to Motion and Vote.
08:24:40 PM Motion that having reviewed and considered the application materials,
public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application Z14367 and move to approve the Cattail
Properties Planned Unit Development preliminary plan application with conditions
and subject to all applicable code provisions.
Commissioner - Chris Mehl: Motion
Commissioner - Cynthia Andrus: 2nd
08:25:21 PM—Commissioner Chris Mehl supported the motion and talked about why the
answer was yes for him. Housing is R3 and seems to be well within the range for the
area. This is mostly about supply and maximizing the relatively affordable homes
available. Relative term is used lightly however, and Mr. Mehl is impressed by boards'
comments and how many townhouses where able to put on the design.
08:29:14 PM Commissioner Cyndy Andrus talked about the traffic because there are not
many close grocery stores and there is a potential for increased traffic. She appreciates
the design but wonders what the community gains from this. This is not really affordable
housing but understand that these will be unique homes and wonders about snow
removal. This is a well thought out plan and this is what she wanted to see.
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08:31:21 PM Commissioner I-Ho Pomeroy felt that our community needed more
affordable housing and therefore was against this project.
08:31:45 PM Deputy Mayor Carson Taylor was impressed with the concept of PUD. It E
sounded impressive that there were 9 relaxations but wondered about the set back
numbers when it comes to parking. I am not going to call this affordable housing. This
seems like a useful part of what we need in the city.
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08:34:06 PM Vote on the Motion that having revietived and considered the application
materials, public comment, and all the information presented, I hereby adopt the
findings presented in the staff report for application Z14367 and move to approve the
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April 6,2015 Bozeman City Commission Meeting Minutes
Cattail Properties Planned Unit Development preliminary plan application with
conditions and subject to all applicable code provisions.
Commissioner- Chris Mehl: Motion
Commissioner- Cynthia Andrus: 2nd
Mayor- Jeff Krauss: Approve
Deputy Mayor- Carson Taylor: Approve
Commissioner- I-Ho Pomeroy: Disapprove
2. 08:34:41 PM Cattail Properties Major Subdivision Preliminary Plat
Application P14054, a Major Subdivision Preliminary Plat Application
associated with a Planned Unit Development (PUD) Preliminary Plan
Application to allow the Subdivision of 5.208 acres into 48 Townhouse
Lots, 4 Single-household Lots, and 2 Open Space Lots along with the
Request for Concurrent Construction in association with the Planned Unit
Development (Quasi-judicial) (Brekke)
08:35:04 PM Staff Presentation
Allyson Brekke Associate Planner talked about the plat itself. The staff reviewed the
subdivision criteria. Subdivision will have minimum impact on streets. Development
review committee and design and planning review board all looked at the proposal per
the recommended. Staff report submitted per the public record.
08:38:07 PM Questions for Staff
Commissioner Mehl asked if the staff report was submitted with the changes to the
conditions. Additionally commissioner Mehl asked about changes to condition #9 is that
a standard city requirement and asked for background on this?
08:39:10 PM Assistant City Attorney Tim Cooper- stated there were two basic
developments, we have been receiving more of these wells. In the past we have not gone
through any formal transfer of the well. In situations when the city is acquiring land and
irrigation system we would like to have paperwork to support the validity of that well.
08:40:50 PM Commissioner Cyndy Andrus-Asked about snow storage and how it is
impacted and also asks why we should remove condition#9.
08:41:32 PM Bayliss Ward stated that everything in orange on the presentation drawing,
is where you can put snow.
08:43:07 PM Chris Wasai Civil Engineer- Stated that if the snow gets bad, the HOA will
truck off the snow. We tried to accommodate all the parking.
08:44:00 PM Commissioner Chris Mehl- Asked about the well. Are you objecting to cost
of paper work of measuring the well?
08:44:14 PM Chris Wasai stated that he had no issues to the cost of paperwork.
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April 6,2015 Bozeman City Commission Meeting Minutes
08:45:15 PM Motion that having reviewed and considered the application materials,
public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application P14054 and move to approve the Cattail
Properties Major Subdivision preliminary plat application with conditions and subject
to all applicable code provisions.
Commissioner - Chris Mehl: Motion
Commissioner - Cynthia Andrus: 2nd
08:45:38 PM Mayor Krauss opened the motion up for discussion.
08:45:41 PM Commissioner Chris Mehl felt we should leave in the well in condition
number 9. He also felt that parking and snow is always an issue, but this draft did well.
08:46:33 PM Deputy Mayor Carson Taylor-Also felt that condition 9 should stay.
08:47:04 PM Vote on the Motion that having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the
findings presented in the staff report for application P14054 and move to approve the
Cattail Properties Major Subdivision preliminary plat application with conditions and
subject to all applicable code provisions.
Commissioner- Chris Mehl: 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: Disapprove
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H. 08:47:22 PM FYI/Discussion
Planning Board Minutes Taker
Mayor Krauss recognized that planning board needed a minute taker; we need
someone that can do it, even if we need to hire someone on a contract basis. We need to
be able to read the summary of planning board.
Bathroom Requirement at Legends at Bridger Creek
Talked about the bathroom requirements to get it on the agenda requires three
people. We're not into discussion about it. We have heard from the HOA, but we need 3
people willing to entertain the discussion, Cyndy Andrus, Carson Taylor and Krauss.
Next week, the commission will decide if it will be on a future agenda to give staff time
to do something about it. We can't take action or discuss it without more information.
Commissioner Chris Mehl stated he can do it next week if it's brought up then. He will
not be here for the next two meetings.
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April 6,2015 Bozeman City Commission Meeting Minutes
3. v tie '4587,Amending tr�Fee c che c for the ne�rr&w-vr onuag,
GrowthSub&vision, Annexation, T Plannin
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I. 08:50:28 PM Adjournment
Mayor Krauss adjourned the meeting at 8:50 p.m. %
=- &
b
Jeffrey K.Krauss
Mayor
ATTEST:
g.
Stacy TAinen,CMC
City Clerk
PREPARED BY:
Pearl IVIichalson
Deputy City Clerk
Approved on: 4s
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