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Home My WebLink About08-04-2014 Minutes, City Commission 9x 8 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.aspxgsession.e6938dd8-022b-41ac-a4b0- 19cc44e59144 Table of Contents a 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 a 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. Page 1 of 8 Bozeman City Commission Minutes, August 4, 2014 E. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) a 2. Appoint a sub-committee of two Commissioners to review Pledged Securities as of June 30, 2014 (Rosenberry) a 3. Hacot Minor Subdivision Final Plat,Application P14031 (Rogers) a 4. Montana Firefighter Testing Consortium Interlocal Agreement(Shrauger) 5. Montana State University Fire Services Agreement (Shrauger) a 6. Requesta household Conditional Use 1 lil llll L, l 1FJ U11 V1 This item moved to action item 1. A L.Li L1 ll L+ 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) a 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 lzt (Leoniak) a 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 - 1-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 Page 2 of 8 Bozeman City Commission Minutes, August 4, 2014 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 Page 3 of 8 Bozeman City Commission Minutes, August 4, 2014 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) a 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: 2"d 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. Page 4 of 8 Bozeman City Commission Minutes, August 4, 2014 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. Shininp,Mountain Lutheran Church Conditional Use Permit Zoning Application proposing a new church building and stora eg 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. Page 5 of 8 Bozeman City Commission Minutes, August 4, 2014 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 subiect 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. Page 6 of 8 Bozeman City Commission Minutes, August 4, 2014 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 herebv 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 subiect to all applicable code provisions. Commissioner- Cynthia Andrus: Motion Deputy Mayor- Carson Taylor: 2nd Mayor- Jeff Krauss: Approve Deputgyor- 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 Myor- Carson Taylor: 2nd Mayor-Jeff Krauss: Approve Deputy Mayor- Carson Ta lo�Ap rove 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. Page 7 of 8 Bozeman City Commission Minutes, August 4, 2014 I. Adjournment Mayor Krauss adjourned the meeting at 7:04 p.m. '�' '� '� •`�' • JeffrJ.Pau'ss, Mayor :� ♦ 'a S ac °erg CM1 � ity Clerk �r�; CO 11 ,11, PREPARED BY: Q" :&, Aix4e Brunckhorst CMC, Dep ty City Clerk Approved on � 1 Page 8 of 8