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HomeMy WebLinkAbout04-27-2015 Archive City Commission Minutes U q'L 8 J� co, THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Monday,April 27,2015 Mayor - Jeff Krauss: Present Deputy Mayor - Carson Taylor: Present Commissioner - Chris Mehl: Absent Commissioner- Cynthia Andrus: Present Commissioner- I-Ho Pomeroy: Present Staff present: City Manager Chris Kukulski, City Attorney Greg Sullivan and Deputy City Clerk Pearl Michalson A. 06:00:33 PM Call to Order—6 p.m. — Commission Room, City Hall, 121 North Rouse. Mayor Krauss called the meeting to order at 6 p.m. B. 06:00:34 PM Pledge of Allegiance and a Moment of Silence C. 06:01:13 PM Changes to the Agenda Mayor Krauss asked City Manager Chris Kukulski if there were any changes to the agenda. Mr. Kululski stated no. D. 06:01:16 PM Authorize Absence Cr. Mehl 06:01:26 PM Motion and Vote to authorize the absence of Cr. Meld. Commissioner -I-Ho Pomeroy: Motion Commissioner- Cynthia Andrus: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Absent Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve April 27, 2015 City Commission Minutes E. 06:01:39 PM Minutes—Approval of Regular City Commission Minutes from April 6, 2015and April 13, 2015 and User Access to Linked Minutes INa Motion and Vote to approve the Regular City Commission Minutes from April 6 and April 13, 2015 as submitted. Commissioner-I-Ho Pomeroy: Motion Deputy Mayor- Carson Taylor: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Absent Commissioner- Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve F. 06:02:01 PM Consent 1. Authorize Payment of Accounts Payable Claims for Goods and Services (LaMeres) M<�o 2. Professional Services Agreement with CTA Architects and Engineers for Site Selection and Building Elevations for a Fiber Hut on the property of the Montana State University Innovation Campus (MSUIC), pending Legal review, for an amount not to exceed$5,000 (Fine) 1� a 3. Resolution 4593, relating to the Application to the Big Sky Economic Development Trust Fund Program Administered by the Montana Department of Commerce, on behalf of Zero Point Zero Production, Inc. (Fine) t]a 4. Resolution 4583, intent to create a Special Improvement Lighting District #723 for Four Points Subdivision(Clark/Neibauer) tla 5. Final Adoption of Ordinance 1909, authorizing the City Manager to enter into a 12-month Ground Lease with Bill Tatarka for the Lease of the Mandeville Farm [North Park] property for the purpose of Farming (Fontenot) INa 6. Amendment No. 1 to the Professional Services Agreement with Morrison Maierle, Inc. for the 2014 Materials Testing Project (Murray) nCa 7. Findings of Fact and Order for the West Winds Major Subdivision Phase 7 & 8 Preliminary Plat,Application P14063 (Rogers) 'Na 8. Authorize the Director of Public Works to approve the Four Points Minor Subdivision Final Plat, Application P14058 (Cooper) '114D 06:02:06 PM City Manager Overview Mr. Kukulski gave an overview of the Consent Items. 06:03:36 PM Public Comment on Consent Mayor Krauss opened public comment on the Consent agenda. Page 2 of 11 April 27, 2015 City Commission Minutes No person commented. Mayor Krauss closed public comment. 06:03:50 PM Motion and Vote to approve Consent items 1-8 as submitted Deputy Mayor- Carson Taylor: Motion Commissioner- Cynthia Andrus: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Absent Commissioner- Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve G. 06:04:05 PM Public Comment Mayor Krauss opened public comment. 06:04:38 PM-Richard Bakker,Public Comment Mr. Bakker talked about the subdivision on Legends and the people who have not been able to voice their opinion. 06:06:03 PM Public Comment Mayor Krauss closed Public Comment. H. 06:06:13 PM Special Presentations 1. 06:06:26 PM Update from Western Federal Lands Highway Division (WFLHD) on path to the M project (Kirk Loftsgarden, WFLHD) Mitch Overton introduced Kirk Loftsgarden the manager of the federal lands access program who talked about the Bridger Mountain trail. Mr. Loftsgarden talked about the Bridger Canyon Drive and talked about the improvements with the trail as the construction continues. Design will be complete in June 2016, and should be finished by 2017. 06:13:26 PM Commission questions The Commission and Mr. Lofsgarden discussed the improvement to the roads. 2. 06:14:20 PM Annual Report and Parks and Recreation (Overton) 'MCa Director of Parks and Recreation Mitch Overton began presentation on the annual report and went into detail with the changes and improvements within the last year. The Parks Division has maintained 41 parks and 60+ miles of trails, open space and parks. Mr. Overton continued to go into detail about enhancements and improvements throughout the year. Improvements to the cemetery, various recreation centers and the aquatics division housing the Bozeman Swim center and Bogert Pool was also discussed in great Page 3 of 11 April 27, 2015 City Commission Minutes detail. Mr. Overton briefly went on to discuss Advisory Boards and Committees as well before summarizing the upcoming projects for 2015. 06:30:29 PM Commission questions for staff. The Commission and staff discussed the forestry plan, improvements, the upcoming Arbor Day Celebration, and how the Parks and Recreation Department handles the different activities throughout the year. I. Action Items 1. 06:35:12 PM Continue the Public Hearing on Application Z15027, Stillman/Edelen Conditional Use Permit and Certificate of Appropriateness from April 27, 2015 to May 4, 2015 (Davis) to Staff Presentation Staff Planner Heather Davis talked about the move of the Public meeting from May 4th to June lst in order to allow the applicant to provide all of the materials. 06:37:17 PM Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 06:37:24 PM Motion and Vote to continue the public hearing on application Z15027, Stillman/Edelen Conditional Use Permit and Certificate of Appropriateness,from April 27, 2015 to June 1, 2015. Commissioner- Cynthia Andrus: Motion Commissioner-I-Ho Pomeroy: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Absent Commissioner - Cynthia Andrus: Approve Commissioner - I-Ho Pomeroy: Approve 2. 06:38:06 PM The Allison Phase 3 Major Subdivision, Preliminary Plat allowing the Subdivision of an Existing Lot of approximately 52.185 Acres into Eight Single-household Lots, Two Open space Lots, and a 48.21 Acre Lot with Restricted Development and Subject to further Subdivision Review,Application P15007 (Davis) 'M4-3 06:3 8:21 PM- Staff Presentation Heather Davis, Associate Planner entered the staff report into the record. Allison Phase 3 Preliminary Plat is discussed in detail concentrating on the improvements on single household lots, Graf and McNabb Street. Existing Parkland credit was discussed as well. Page 4 of 11 April 27, 2015 City Commission Minutes 06:46:19 PM Commission questions for staff The Commission and Staff discussed the distance from the park development to the residences and trails in the area. A question about the need for sump pumps as well as street distance from the school was discussed. Chris Budeski, the applicant answered the questions about direct access to trails and a park was discussed. Conditions were reviewed and accepted. Mr. Budeski went on to discuss what the parkland area was proposed to be comprised of. 06:55:25 PM Motion that having reviewed and considered the application materials, public comment, and the staff analysis, I hereby adopt the findings presented in the staff report for P15007 and move to approve the preliminary plat for the Allison Phase 3 Major Subdivision requested in application P15007 with conditions and subject to all applicable code provisions. Commissioner -I-Ho Pomeroy: Motion Deputy Mayor - Carson Taylor: 2nd 06:56:18 PM Commission discussion on the Motion Deputy Mayor Taylor stated that he liked the idea of a nature park. Commissioner Andrus felt that this was a nice addition to the neighborhood. Mayor Krauss would have loved to see the plan in the future and acknowledged challenges with roads going east to west but thanked the applicant for bringing it forward. 06:57:34 PM Vote on the Motion that having reviewed and considered the application materials,public comment, and the staff analysis,I hereby adopt the findings presented in the staff report for P15007 and move to approve the preliminary plat for the Allison Phase 3 Major Subdivision requested in application P15007 with conditions and subject to all applicable code provisions. Commissioner - I-Ho Pomeroy: Motion Deputy Mayor - Carson Taylor: 2nd Mayor - Jeff Krauss: Approve Deputy Mayor - Carson Taylor: Approve Commissioner - Chris Mehl: Absent Commissioner - Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve 3. 06:57:52 PM The Valley Meadows Preliminary Plat for a Major Subdivision to Subdivide approximately 8.69 acres into 62 Townhouse Lots with a Park, Open Space Area and the extension of Two Public Streets, Meriwether Avenue and Villard Street (Rogers) a 06:58:20 PM Staff Presentation Staff Planner Tom Rogers gave the Staff presentation for the Valley Meadows Preliminary Plat for a Major Subdivision to Subdivide approximately 8.69 acres into 62 Page 5 of 11 April 27, 201 S City Commission Minzttes Townhouse Lots with a Park, Open Space Area and the extension of Two Public Streets, Meriwether Avenue and Villard Street. 07:08:53 PM Commission questions for Staff The Commission and Staff discussed streets, stop signs, traffic safety, parkland, and calculation clarification of the Valley Meadows parkland summary of cost incurred via the Park Plan, location of the proposed Park, the number of units placed into the area and how it affects parkland, the difference between this development and condos, and curved roads. 07:42:58 PM Applicant Presentation The Applicant representative gave the Applicant presentation for the Valley Meadows Preliminary Plat for a Major Subdivision to Subdivide approximately 8.69 acres into 62 Townhouse Lots with a Park, Open Space Area and the extension of Two Public Streets, Meriwether Avenue and Villard Street. 07:48:15 PM Commission Questions for the Applicant The Commission and Applicant discussed the needs of the community at the max density level,the park land and the existing park. 08:04:59 PM Break Mayor Krauss called for a 10 minute break 08:16:33 PM Meeting called back to order. Mayor Krauss called the meeting back to order 08:16:42 PM Public Comment Mayor Krauss opened public comment. 08:16:56 PM Doug DeShane,Public Comment Mr. DeShane does not want a lot of traffic coming through Meriwether Ave. The traffic was something that concerned the citizens. He felt that stop signs would help with slowing down the dangerous traffic. 08:21:34 PM Chris Hill,Public Comment Mr. Hill talked about the traffic safety as well and asked what the community needed to do to make the community safer. 08:23:27 PM Don Murray, Public Comment Mr. Murray asked the Commissioners to please consider traffic safety concerns. 08:24:59 PM Brian Whit,Public Comment Mr. Whit whom is a Developer spoke about Meriwether Ave and providing homes under $250,000. Page 6 of 11 April 27 2015 City Commission Minutes 08:27:55 PM Public Comment closed Mayor Krauss closed public comment. 08:28:18 PM Applicant Rebuttal The Applicant representative talked about the parkland requirement by the City which makes it difficult for the applicant to create. 08:30:53 PM Motion for Parkland 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 P14062 and"love to approve the Valley Meadows Park Plan, improvements in-in-lieu, and cash-in-lieu with conditions and subject to all applicable code provisions. Deputy Mayor- Carson Taylor: Motion Commissioner - Cynthia Andrus: 2nd 08:31:51 PM Commission discussion on the Motion Deputy Mayor Taylor spoke about Parkland and its implications and his opinions on cash-in-lieu as well as speed limit issues that the community is concerned with. 08:33:54 PM Amendment to the Main Motion for Parkland to add a condition that when the road is finished that we would do a measurement;some kind of assessment of traffic in addition to asking for a set aside from the developer to be able to do something to mitigate the traffic should that be the result of our study, our measurement. Commissioner- Cynthia Andrus: Motion Commissioner- I-Ho Pomeroy: 2nd 08:34:22 PM Discussion on the Amendment Cr. Andrus stated that she heard that the applicant would do some kind of mitigation for traffic calming. The cost of mitigation up to a certain amount of money. City Attorney Sullivan suggested that this amendment is more applicable to the entire subdivision. Cr. Andrus agreed that it should be withdrawn. 08:34:48 PM Amendment to the Main Motion for Parkland WITHDRAWN to add a condition that when the road is finished that we would do a measurement, some kind of assessment of traffic in addition to asking for a set aside from the developer to be able to do something to mitigate the traffic should that be the result of our study, our j measurement. I Cr. Andrus withdrew this amendment and Cr. Pomeroy who seconded it agreed as well. i 08:35:12 PM Continued Commission discussion on the Main motion in regards to parkland. Page 7 of 11 April 27, 2015 City Commission Minutes Commissioner Andrus stated that she struggles with this a bit and is not a fan of cash in lieu of parks but when looping at a development that is affordable to the Community and are going above and beyond, she will support the motion. Commissioner Pomeroy stated that she will support this motion. Mayor Krauss spoke regarding the $22 million that is being spent on parkland as discussed previously on the Agenda. He spoke regarding improvements, housing in this specific pay range, the owner occupancy requirements and the fact that these can be financed. He has heard this for 11 years. He spoke regarding the zoning and he hopes the improvements are enough. He spoke regarding other parks and 15 mph speed limits. He will support the motion 08:40:55 PM Vote on the Motion for Parkland 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 P14062 and move to approve the Valley Meadows Park Plan, improvements in-in-lieu, and cash-in-lieu with conditions and subject to all applicable code provisions. Deputy Mayor- Carson Taylor: Motion Commissioner- Cynthia Andrus: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor - Carson Ta l�pprove Commissioner- Chris Mehl: Absent Commissioner - Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve 08:41:05 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 P14062 and move to approve the Valley Meadows Major Subdivision with conditions and subject to all applicable code provisions. Deputy Mayor - Carson Taylor: Motion Commissioner- Cynthia Andrus: 2nd 08:41:34 PM Amendment to the Main Motion that when the road is finished that we would do a measurement of traffic and ask for a set aside (that would help the mitigation and the calming of the traffic)from the Developer. Commissioner- Cynthia Andrus: Motion Commissioner - I-Ho Pomeroy 08:42:06 PM Commission discussion on the Amendment to the Main Motion Commissioner Andrus spoke regarding the interests of the citizens and the willingness of the developer taking part in this. We can come back to this issue and have a conversation about it. Page 8 of 11 April 27, 2015 City Commission Minutes Commission Pomeroy they accepted the idea that the open field will be developed and safety is a concern and that there is a need to compromise. She will support the Amendment to the motion. 08:44:03 PM City Attorney Greg Sullivan suggested additional language to the Amendment: That timing will be at final plat and prior to potentially any construction occurring, the road will be open and accessible to the public at final plat, that an agreement be put into place with the Developer prior to final plat that would spell out the details of this kind of arrangement, and address the threshold per the Policy in the Transportation Plan that calls for traffic calming only at 800 trips per day when looking at the timing in relation to the threshold to make sure we are clear about at what point and time are you going to do the analysis and if it has not triggered 800 trips per day then there is no requirement for anything else, interested in the Developer paying for the traffic study and if the threshold is met, the Developer will be required to pay for the mitigation. An agreement between the City and the Developer prior to final plat would need to be in place. 08:46:11 PM Amendment added to the Amendment to the Main Motion that when the road is finished that we would do a measurement of traffic and ask for a set aside (that would help the mitigation and the calming of the traffic)from the Developer and that timing will be at final plat and prior to potentially any construction occurring, the road will be open and accessible to the public at final plat, that an agreement be put into place with the Developer prior to final plat that would spell out the details of this kind of arrangement, and address the threshold per the Policy in the Transportation Plan that calls for traffic calming only at 800 trips per day when looking at the timing in relation to the threshold to make sure we are clear about at what point and time are you going to do the analysis and if it has not triggered 800 trips per day then there is no requirement for anything else, interested in the Developer paying for the traffic study and if the threshold is met, the Developer will be required to pay for the mitigation. An agreement between the City and the Developer prior to final plat would need to be in lace. Cr. Andrus agreed to add the City Attorney's suggestion. 08:46:37 PM Continued Commission Discussion on the Amendment Attorney Sullivan suggested that the Commission wait a week so that staff can draft a recommended condition and present it to them based on this discussion. Mayor Krauss stated that this is almost the same condition that the Planning board made. He feels that the Commission is within their rights to continue and there is not a need to delay. We have a good legislative record. The build out will be responsible for 360 trips per day. Deputy Mayor Taylor spoke regarding other ways of getting to this with using an SID process etc. i 08:53:33 PM Reiteration of Amendment to the Amendment to require and agreement between the City and the Subdivider that prior to the final plat to include and Page 9 of 11 April 27, 2015 City Commission Minutes incorporate all of the conditions mentioned by the City Attorney including timing, money and density etc. Cr. Andrus reiterated her amendment to the amendment per the City Attorney's suggestion. 08:54:09 PM Continued Commission discussion The Commission discussed how the other streets will be handled and when the warrant is met and whom will be responsible. Mayor Krauss spoke regarding what an 800 cars per day street use looks like and spoke regarding design standards for the City. 09:00:47 PM Vote on the Amendment with the Amendment to the Main Motion that when the road is finished that we would do a measurement of traffic and ask for a set aside (that would help the mitigation and the calming of the traffic)from the Developer and that timing will be at final plat and prior to potentially any construction occurring, the road will be open and accessible to the public at final plat, that an agreement be put into place with the Developer prior to final plat that would spell out the details of this kind of arrangement, and address the threshold per tine Policy in the Transportation Plan that calls for traffic calming only at 800 trips per day when looking at the timing in relation to the threshold to make sure we are clear about at what point and time are you going to do the analysis and if it has not triggered 800 trips per day then there is no requirement for anything else, interested in the Developer paying for the traffic study and if the threshold is met, the Developer will be required to pay for the mitigation. An agreement between the City and the Developer prior to final plat would need to be in place with the clarification to require and agreement between the ON and the Subdivider that prior to the final plat to include and incorporate all of tine conditions mentioned by the City Attorney including timing, money and density etc. Commissioner- Cynthia Andrus: Motion Commissioner-I-Ho Pomeroy: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor - Carson Ta l�pprove Commissioner- Chris Mehl: Absent Commissioner- Cynthia Andrus: Approve Commissioner- I-Ho Pomeroy: Approve 09:01:00 PM Commission discussion on the Main Motion as amended Deputy Mayor Taylor discussed making Bozeman an affordable place to live via the housing development. Commissioner Andrus comments on her appreciation of the neighbors and the applicant. Commissioner Pomeroy discussed the safety and community housing. Public Comment was addressed as well about why we are building so many homes in small lots. Mayor Krauss added on to that discussion. Density was discussed density and the single family homes and infrastructure. Page 10 of 11 April 27, 2015 City Commission Minutes 09:12:09 PM Vote on the Main Motion as Amended 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 P14062 and move to approve the Valley Meadows Major Subdivision with conditions and subject to all applicable code provisions. Deputy Mayor- Carson Taylor: Motion Commissioner- Cynthia Andrus: 2nd Mayor- Jeff Krauss: Approve Deputy Mayor- Carson Taylor: Approve Commissioner- Chris Mehl: Absent Commissioner - Cynthia Andrus: Approve Commissioner -I-Ho Pomeroy: Approve J. 09:12:34 PM FYI/Discussion Chris Kukulski talks about the traffic lights with MDT. The retirement of Chief Jason Shrauger was discussed. At 5:30 tomorrow, in the commission room there will be the introduction of the five finalists for fire chief. Risk Assessment with the Chronicle will be discussed on April 28th in the afternoon. 09:14:35 PM Mayor Krauss had set up to meet with the cemetery board to meet with them in June,please add to the agenda. K. 09:15:15 PM Adjournment Mayor Krauss Adjourned the meeting. ,r Jeffrey K.Krauss A TESTP Stacy U1mew Q" `tw !T T ©ti�0 `fit IF"fiv CO. l PREPARED BY: earl Michalson F Deputy City Clerk Approved on: Page 11 of 11