HomeMy WebLinkAbout08-04-14 Commission Minutes, draft_3
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THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
Monday, August 4, 2014 To view the video and the minutes that are linked to the video please go to:
http://www.avcaptureall.com/Sessions.aspx#session.e6938dd8-022b-41ac-a4b0-
19cc44e59144
Table of Contents
A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse
Mayor - Jeff Krauss: Present Deputy Mayor - Carson Taylor: Present
Commissioner - Chris Mehl: Present
Commissioner - Cynthia Andrus: Present
Commissioner - I-Ho Pomeroy: Present Staff present at the dais was City Manager Chris Kukulski, City Attorney Greg Sullivan
and Deputy City Clerk Aimee Brunckhorst.
B. Pledge of Allegiance and a Moment of Silence
C. Changes to the Agenda
Mayor Krauss made a change to the agenda moving consent item 6 to Action 1.
D. Minutes – July 21, 2014
Motion and Vote to approve the minutes of July 21, 2014 as submitted.
Commissioner - Cynthia Andrus: 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
The motion passed 5-0.
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E. Consent
1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Appoint a sub-committee of two Commissioners to review Pledged
Securities as of June 30, 2014 (Rosenberry)
3. Hacot Minor Subdivision Final Plat, Application P14031 (Rogers) 4. Montana Firefighter Testing Consortium Interlocal Agreement (Shrauger)
5. Montana State University Fire Services Agreement (Shrauger) 6. Request for Cash in Lieu of Parkland Dedication for the Dixson Multi-
household Conditional Use Permit, Application Z13273 (Krueger)
This item moved to action item 1.
7. Trout Meadows Phase 3 Subdivision Final Plat, Application P14032
(Cooper)
8. License Agreement for Shared Parking between the City of Bozeman and
Petra Academy (Thomas) 9. Professional Services Agreement with BBC Research and Consulting to
conduct a statistically-valid telephone survey of Bozeman residents to
support initial targeted development of the Water Conservation Program
(Leoniak) 06:03:49 PM Public Comment on consent items E. 1-5 and 7-9.
Mayor Krauss opened public comment on consent. Seeing none, he closed public
comment.
Motion and Vote to approve Consent Items E. 1-5 and 7-9 as submitted. Deputy Mayor - Carson Taylor: 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
The motion passed 5-0.
F. Public Comment
Mayor Krauss opened general public comment. No person commented. Mayor Krauss
closed public comment.
06:04:51 PM Mary Vant Hull, Public Comment
Ms. Vant Hull of 416 East Story Street spoke with concerns regarding weed control
spraying near Burke Park on private property and she would like to see the city
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supervising the spraying of herbicides on private property. She provided a handout
regarding her concerns.
06:07:34 PM Martha Rotella, Public Comment Ms. Rotella of 2775 Spring Meadows Drive spoke regarding her concerns with the cities weed management and spraying herbicides for weed control. She is concerned for the
health and safety of people and pets, maintaining the beauty of wildflowers and making
sure there is a coordinated effort for weed control that doesn’t interfere with her first two
concerns. She believes the city should use an integrated weed pest program that minimizes herbicide and just targets the weeds we want to control. She also feels the public should be better informed.
06:11:04 PM Bruce Maxwell, Public Comment
Mr. Maxwell of 410 South 12th spoke as a weed scientist saying he sees weed management misdirected in many ways and the amount that is being sprayed is inappropriate. He says he has been tracking weed populations on Peet’s Hill and there is
more than ten years of data. He said they are not invading much. They decided last year
to spray. Now we can make comparisons regarding the sprayed area and the unsprayed
area before and after weed spraying. Within the first year we can say that a lot of native species were killed along with the weeds. The weeds are returning and where one type of weed disappears, another species of weed will fill in. He knows the city is bound by the
State noxious weed law. That law is often misinterpreted. If the city had a weed plan they
would be a lot farther ahead on a plan that sets out a wise strategy. He volunteered to
donate his time to be a professional consultant. 06:13:29 PM Cheryl Ridgely, Public Comment
Ms. Ridgely, Chief Strategy and Business Development Officer at Bozeman Deaconess
Health Services said this week the residents of The Knolls at Hillcrest had a notice posted
on their homes that said that Bozeman Deaconess was attacking the wildflowers in Burke Park. She respectfully disagrees with that position. By law they are required to deal with
the noxious weeds on their property. Bozeman Deaconess has adopted a land
management plan that was developed by MSU Extension in collaboration with MSU
weed management experts along with Gallatin Valley Land Trust and the Gallatin County
weed district. They hired Arbor Medic to implement their weed control plan and employ knowledgeable staff and follow guidelines. They did spray last week starting on
Thursday and they did provide notice that they would be spraying. Arbor Medic utilizes a
broad leaf herbicide approved for residential turf and uses the minimal amount required
to kill the present weeds. Mowing does not stop the seeds from germinating. Mowing and
spraying on vacant lots and open spaces at the Knolls takes place twice a year mid summer and fall after the first frost. Our main concern is spotted thistle and knapweed
and this is the best time to kill these particular weeds. Boom spraying is only done in
areas where preservation of native plants is not a concern such as our vacant lots. All of
the parks and open space were done spot spraying by hand. They did not spray on Burke
Park at all. The concern that they were attacking wild flowers in Burke Park is completely unfounded. They posted that they would be spraying over a 3-4 day time
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period so that they could ensure spraying on a low wind day.
06:17:03 PM Public Comment Closed
Seeing no further public comment, Mayor Krauss closed public comment.
G. Action Items
1. (This item moved off consent) Request for Cash in Lieu of Parkland Dedication for the Dixson Multi-household Conditional Use Permit,
Application Z13273 (Krueger)
06:17:57 PM Mayor Krauss asked questions of staff. 06:19:14 PM Cr. Mehl began discussion on this item.
06:19:38 PM Mayor Krauss continued discussion on this item.
06:19:59 PM Public Comment
Mayor Krauss opened public comment. Seeing none, he closed public comment.
06:20:11 PM
Motion that having considered information provided by staff and considered all of the information presented, I hereby adopt the findings included in the staff memorandum for application Z13273 and accept the provision of $10,430.40 cash in
lieu as meeting the required parkland dedication.
Commissioner - Chris Mehl: Motion
Commissioner - Cynthia Andrus: 2nd
06:20:41 PM Cr. Mehl provided discussion on the motion.
Cr. Andrus provided discussion on the motion.
06:22:02 PM Mayor Krauss provided discussion on the motion.
06:24:17 PM Deputy Mayor Taylor provided discussion on the motion. 06:25:04 PM Greg Sullivan, City Attorney
Mr. Sullivan spoke regarding the background of this item.
06:26:04 PM Cr. Pomeroy continued discussion on the motion.
Mayor Krauss continued discussion on the motion.
06:28:25 PM Chris Kukulski, City Manager Greg Sullivan provided information.
Mayor Krauss continued discussion on the motion.
06:32:01 PM Cr. Mehl continued discussion on the motion.
06:32:55 PM Greg Sullivan provided more information for the Commission to consider
on this subject. 06:33:42 PM Cr. Pomeroy asked questions on this item regarding the formula used to
determine cash-in-lieu.
06:34:26 PM Mayor Krauss continued discussion on this motion.
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06:36:03 PM Wendy Thomas brought up online the Bozeman Municipal Code provisions
related to how cash in lieu is determined.
06:36:47 PM Vote on the motion that having considered information provided by staff and considered all of the information presented, I hereby adopt the findings included in the staff memorandum for application Z13273 and accept the provision of
$10,430.40 cash in lieu as meeting the required parkland dedication.
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
The motion passed 3-2 with Mayor Krauss and Cr. Pomeroy opposed.
2. Shining Mountain Lutheran Church Conditional Use Permit Zoning
Application proposing a new church building and storage utility building, with related surface parking and landscaping improvements, at the
northwest corner of Davis Lane and Vaquero Parkway, Application
Z14176 (Quasi-Judicial) (Brekke)
06:37:27 PM Allyson Brekke, Community Planner provided the staff presentation on this
item.
Questions for staff.
06:42:30 PM Cr. Mehl clarified that the application meets the height and parking
requirements and does not have any deviations. He asked about phasing. He also asked
about the wireless facility mentioned.
06:45:24 PM Cr. Pomeroy continued questions for staff asking about the number of parking being proposed and about the maximum occupancy load. She also asked about
other uses the church might have.
06:47:29 PM Greg Sullivan spoke regarding the definition of community center.
06:48:05 PM Mayor Krauss spoke regarding the intention of being a host site for a
wireless facility.
06:50:27 PM Chris Budeski, Applicant
Mr. Budeski of Madison Engineering spoke on behalf of the applicant clarifying that the application is for a community center not a cell tower or wireless facility which would be
a separate application. He answered questions of the Commission.
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06:50:59 PM Cr. Andrus began questions asking about the use of the storage facility.
06:51:37 PM Cr. Mehl continued questions asking whether the applicant was fine with
the conditions listed in the staff report. 06:52:29 PM Chris Budeski said they agree with the project specific conditions. He spoke
regarding pedestrian circulation and related plans saying he would have further
discussions with staff on that. He also spoke regarding the phasing, saying the phases are
very conceptual in nature. They just want to make sure if they want to expand in the future they would have room, but have no plans now.
06:53:43 PM Deputy Mayor Taylor clarified that the vote tonight in no way implies
approval for anything but a community center.
Public Comment
Mayor Krauss opened public comment.
06:54:17 PM Lance Baker, Public Comment
Lance Baker of 595 Coulee Drive said the primary usage will be Sunday services, bible studies and play groups. Regarding the cell tower it would be completely enclosed from
the public eye.
Public Comment Closed
Seeing no further public comment, Mayor Krauss closed public comment.
06:55:53 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 Z14176 and move to approve the Shining Mountain Lutheran Church conditional use permit to allow the construction of a community center consisting of a church building, and the construction of a storage utility building, with related parking and landscaping improvements on the
northwest corner of Davis Avenue and Vaquero Parkway with recommended
conditions and subject to all applicable code provisions. Commissioner - Cynthia Andrus: Motion
Deputy Mayor - Carson Taylor: 2nd
Discussion on the motion.
Cr. Andrus began discussion on the motion saying that this application meets all the
conditions and criteria for a community center and she will support the application.
Deputy Mayor Taylor continued discussion on the motion.
Cr. Pomeroy continued discussion on the motion.
Cr. Mehl continued discussion on the motion.
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06:58:51 PM Mayor Krauss continued discussion on the motion.
06:59:38 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 Z14176 and move to approve the Shining Mountain Lutheran Church conditional use permit to allow the construction of a community center consisting of a church building, and the
construction of a storage utility building, with related parking and landscaping
improvements on the northwest corner of Davis Avenue and Vaquero Parkway with recommended conditions and subject to all applicable code provisions. Commissioner - Cynthia Andrus: 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
The motion passed 5-0.
3. Reappointment to the Bozeman Tourism Business Improvement District
(Brunckhorst)
Motion and Vote to reappoint Thomas Stenzel to the Bozeman Tourism Business Improvement District. Commissioner - Cynthia Andrus: 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
The motion passed 5-0.
H. FYI/Discussion
1. Meeting next week will start at 6 p.m.
2. Letter received regarding downtown zone map amendment. Mayor Krauss asked the Commissioners to get back to him if three of them would like to
ask staff to bring this item forth on an upcoming agenda.
3. Chris Kukulski spoke regarding the presentations regarding the Rouse Justice Center with the first one today.
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I. Adjournment Mayor Krauss adjourned the meeting at 7:04 p.m.
______________________________
Jeffrey K. Krauss, Mayor
__________________________________
Stacy Ulmen CMC, City Clerk
PREPARED BY:
______________________________________
Aimee Brunckhorst CMC, Deputy City Clerk
Approved on ___________________________
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