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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 i I 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. G 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) Page 1 of 12 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 Page 2 of 12 April 6,2015 Bozeman City Commission Meeting Minutes 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 Page 3 of 12 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. Page 4 of 12 April 6,2015 Bozeman City COH1111issio 1 Meeting M11111tes 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 Page 5 of 12 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. Page 6 of 12 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 Page 7of12 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 Page 8 of 12 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. I I 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. E; 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 Page 9 of 12 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. Page 10 of 12 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 i I 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. Page 11 of 12 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 _porelated Review Preeesses (Thomas) 1' .4 d other phqnning r ed review proeeWires 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 Page 12 of 12