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HomeMy WebLinkAbout2002-07-29 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 29, 2002 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, July 29, 2002, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, CommissionerAndrew Cetraro, City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, City Attorney Paul Luwe and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Commissioner Cetraro requested that Ordinance No, 1569 be removed from the Consent Items for discussion. Minutes - January 18, 2000, and May 13 and July 22, 2002 Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and May 13 and July 22, 2002, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3526 - levying and assessinq street maintenance district for Fiscal Year 2003; setting public hearinq for August 12, 2002 COMMISSION RESOLUTION NO. 3526 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2003 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COSTAND EXPENSE INCURRED IN THE CITY-WIDE STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. Commission Resolution No. 3527 - levying and assessinq tree maintenance district for Fiscal Year 2003; settinc~ r~ublic hearinq for Auqust 12, 2002 COMMISSION RESOLUTION NO. 3527 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2003 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE TREE MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. Authorize City Manaqer to siqn - Annexation Aqreement with Montana State University Foundation - annex 43.85 acres described as a portion of Tract 2, West Colleqe Minor Subdivision, located on south side of Huffine Lane, and generally south of West Garfield Street extended, west of the current city limits and east of future Fowler Avenue extended 07-29-2002 -2- Commission Resolution No. 3528 - annexinc~ 43.85 acres described as a portion of Tract 2, West College Minor Subdivision, located on south side of Huffine Lane, and generally south of West Garfield Street extended, west of the current city limits and east of future Fowler Avenue extended COMMISSION RESOLUTION NO. 3528 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. Commission Resolution No. 3529 - authorize City Manager to sign Chanqe Order Nos. 12 throuqh 16 for SlD 669 (downtown streetscape) and firelines - Concrete Specialties of Montana, Inc., Belgrade, Montana - add a total of $20,531.5t and 10 days COMMISSION RESOLUTION NO. 3529 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH CONCRETE SPECIALTIES OF MONTANA, INC., BELGRADE, MONTANA. Claims It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being CommissionerYoungman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Presentation of recommendations from the Big Box Task Force Included in the Commissioners' packets was a memo from Assistant City Manager Ron Brey dated July 25, fo~varding information from the Big Box Task Force, including the background, highlights from meetings, various materials considered, the process followed, the issues identified and discussed, and the final recommendations. Assistant City Manager Brey introduced the recommendations of big box task force. He noted that the task force was appointed in March and, between April 10 and June 12, they convened ten meetings. He noted that, included in the Commissioners' packets are the meeting records, stressing that these are not minutes, but brief summaries of the meetings. The Assistant City Manager stated that early on, the task force explicitly rejected a requirement for a study, either an overall study or an individual study for each proposed development. The task force did determine that one regulatory structure applied fairly across the board, not subject to the inconsistencies of studies, is needed and that dark stores are to be avoided. Most of their remaining discussion revolved around size caps and economic development fees, and they chose thresholds that are consistent with zoning provisions and implementation of the Bozeman 2020 Community Plan. Assistant City Manager Brey noted that on June 12, the task force voted on its recommendations and 14 of the 14 members present voted to approve them. After that meeting, he sent out final recommendations and asked for task force confirmation. He indicated that ten of the eleven task force members responding supported the recommendations as presented before the Commission, and one task force member supported the recommendations with the exception that he thought the $30 figure in No. 2 was supposed to be $20. The Assistant City Manager noted that, throughout the process, the task force agreed minority reports could accompany these recommendations; however, no minority report was requested. 07-29-2002 3 The Assistant City Manager concluded by stating this is the best example of a task force that he has seen. He witnessed every member compromising his or her views to reach consensus on the package that has been forwarded to the Commission, and the members remained attentive and respectful throughout all of the meetings. Assistant City Manager Brey reviewed the recommendations of the task force, as follows: A definition of "building size" for purposes of this requirement is to be defined as "the enclosed climate-controlled area, as measured by the same method as parking is calculated for that portion of the development." When the combined square footage of the building and the outdoor sales and storage reaches 40,000 square feet, a heightened design standard is triggered which includes the following: design for adaptation for re-use, to include compartmentalization; enhanced appearance; a requirement that, in the event of closure, the facility must be maintained in a usable condition, including landscaping, asphalt, roof, glass, exterior construction and paint, and removal of signs and ghost signs; any legally defensible provision for acquisition to include consideration of post- closure requirements for forced sales at fair market value, discounted sale, and cooperation with potential purchasers, or any other requirements that can be imposed which facilitate the re-use and/or acquisition of the facility post closure by a third party; and requirements for attractive exterior display and storage. When the building size reaches 75,000 square feet (as defined above) an economic development fee schedule will be imposed as follows: from 75,000 square feet to 90,000 square feet, a fee of $30 per square foot for each square foot over 75,000; from 90,000 square feet to 100,000 square feet, a fee of $40 per square foot for each square foot over 90,000, in addition to the $450,000 fee covering the square footage from 75,000 to 90,000. When the combined square footage of the building and outdoor sales and storage exceeds 75,000 square feet, a separate fee of $20 per square foot for each square foot of outdoor storage or sales shall be imposed in addition to any required building- based fee. No building shall exceed 100,000 square feet. Outdoor sales and storage shall not exceed 25 percent of the square footage of the building. Economic development fees collected will be allocated as follows: 50 percent will go to the Community Affordable Housing Advisory Board, to be directed toward programs and projects that assist in first time ownership; and 50 percent will go to fund infrastructure improvements on aging, sub-standard or missing infrastructure in the already developed areas of the community that are designated as Community Commercial in the Bozeman 2020 Community Plan. The 40,000-square-foot requirement for enhanced design described in Item No. 1 shall apply to all retail uses of such size, regardless of the underlying zoning classification. Retail uses with a total area of building, outdoor sales and storage which equals 75,000 square feet or more may only be located in those areas of the community with a Regional Commercial designation in the Bozeman 2020 Community Plan and must be excluded from uses allowed by planned unit development in other areas. RV, auto and implement dealers must meet design excellence requirements, including the outdoor display and storage area, when the building equals 40,000 square feet or more. The 75,000 and 90,000-square-foot fee thresholds for these 07-29-2002 -4- businesses apply only to the building size as well. The building size for these businesses may not exceed 100,000 square feet. Mr. Lowell Springer, task force member, reinforced the Assistant City Manager's presentation of the recommendations. He noted that he was the member who thought the $30 fee was supposed to be $20; however, a majodty of those involved affirmed the $30 fee. He stated that he has great faith in the process and, as a result, he agrees with the $30 fee forwarded in this presentation. He stressed that, at the end of the last formal meeting, there was absolute consensus, endorsed by everyone on the committee. Mr. Springer characterized Assistant City Manager Brey's assistance to the task force as outstanding, noting that he helped it move forward through a mechanism that produced a process and results in which everyone believes. He noted that if one were to ask individual task force members if these recommendations are what they wanted personally, the response would be "absolutely not;" however, if one were to ask those same members if the recommendations reflect the result of the process and represent what the task force agreed on, the response would be "absolutely." He concluded by stressing that this recommendation reflects consensus of a widespread group of people with a broad spectrum of opinions. Mr. Ben Alexander, task force member, concurred with Mr. Springer's comments, characterizing this as his most satisfying civic experience in Bozeman. He stated the task force members came together because they agreed on the principles and felt that big box stores need to be regulated and fit into the community. He thanked Commissioners Hietala and Youngman for participating, and acknowledged Assistant City Manager Brey's "superb job" as facilitator. He also thanked Mr. Springer for his acknowledgment and acceptance of the majority opinion, which reflects his willingness to be a team player. Mr. Dave Johnson, task force member, characterized these recommendations as the result of a collaborative effort of diverse interests. He stressed that serious thought was given to these recommendations; they are not just a quick resolution. He also noted that these recommendations are not just a compromise; they are the result of working together to find a better alternative than any of the original positions. Mr. Dan Guggenheim, task force member, stressed the importance of consensus on the task force and encouraged the Commissioners to take that into consideration as they act on these recommendations. He stated the process was as important as the details of the proposal. Mrs. Vonda Laird, task force member, confirmed the comments of the previous speakers. She noted that, as a group, the task force came to consensus that big boxes are here; and the important thing was to develop guidelines so that everyone is playing by the same rules. She then indicated that the numbers in the recommendations were based on previous City actions, including the zoning regulations and the fees being paid by Home Depot. Mayor Kirchhoff stated he had heard from several task force members about the great assistance provided by the Assistant City Manager and thanked the task force members for demonstrating how adults who are mature in their perspectives can meet, exchange ideas and work to a common goal. Commissioner Youngman reinforced the importance of the consensus decision. She noted that Mr. Guggenheim missed the last meeting but, with his comments, fifteen of the fifteen task force members agree on the recommendations as originally distributed and all eleven who responded support the package now before the Commission. She stated that she has watched City task forces for over twenty years, and she has never seen anything like this, with the result being a consensus report and not a majority report. She noted the Commission can do no less than rise to the standard that they have created, and thanked the task force for their recommendations. Commissioner Hietala recognized the effort of the task force, noting the recommendations reflect over 300 hours in meetings, with at least three-fourths of the task force members present at every meeting. He noted that consensus by at least eight members was required before they could move on, and he supports their efforts. He also indicated his general support for the end product, possibly with a little tweaking. Commissioner Brown stated that the fact they arrived at consensus gives the task force recommendations more weight, particularly since this was a diverse group. He noted that he has been 07-29-2002 -5- uneasy with the idea of studies, since they still require that conclusions be drawn; and he appreciates the alternative that has been offered by the task force. Commissioner Cetraro thanked the task force members for their diligence and the recommendations forwarded. Mayor Kirchhoff noted the task force report is in keeping with the goals of the City's planning documents and goals for future build out; and his inclination is simply to ask the City Attorney to convert these recommendations into an ordinance for consideration and adoption. Commissioner Youngman noted that these recommendations are subject to the full public hearing process, and the ordinance must be legally defensible. She indicated that she agrees with the consensus opinion that has been forwarded. Responding to questions from Commissioner Cetraro, Assistant City Manager Ron Brey stated he could not speak for the entire task force as to why they chose the figures they did. While there was consensus on things like the need to avoid dark stores, different members may have had different reasons for selecting the size caps they chose. For some, it may have been the point where they felt the economic development fee should be collected; others may have hoped that the fee would be a deterrent to building beyond that size. He then indicated that the task force also reached consensus on the 100,000-square-foot cap on buildings. Expansion of existing buildings will trigger the imposition of economic development fees, consistent with similar requirements in the zone code. He stated that, if staff is directed to proceed with the preparation of an ordinance, that preparation will reveal issues like this that require Commission guidance. Further responding to Commissioner Cetraro, the Assistant City Manager stated that the provisions of this ordinance would not apply to those projects that have received approval. He indicated that the Lowe's project is subject to the interim urgency ordinance and suggested that it would be subject to the provisions of these recommendations if adopted by the Commission. Responding to Commissioner Brown, the Assistant City Manager indicated that all discussions revolved around retail sales, although there was some discussion about the potential rub that this may have with a retail business that might be considered light industrial. Planning Director Epple asked if the 100,000-square-foot building is to be measured like others undei' the zone code, cautioning that if it is, the structure could actually be 130,000 to 140,000 square feet in size. The Assistant City Manager responded that the 100,000-square-foot cap is on the gross size of the structure. The Planning Director then cautioned that the reference to parking calculations in the proposed definition would be in conflict with the size cap. The Assistant City Manager stated that the parking reference should only apply to outdoor sales and storage. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that staff be directed to prepare an ordinance, based on the recommendations from the big box task force, for public hearings and possible adoption. The motion carded by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, CommissionerYoungman and Mayor Kirchhoff; those voting No, none. Break - 4:00 to 4:10 p.m. Mayor Kirchhoff declared a break from 4:00 p.m. to 4:10 p.m. in accordance with Commission policy. Request for deferring installation of sidewalk alonq Fairgrounds Included in the Commissioners' packets was a copy of the e-mail from Sue Shockley, Manager of the Gallatin County Fairgrounds, requesting that she be given an opportunity to discuss her request to defer installation of the sidewalk along the Tamarack Street frontage with the Commissioners. Ms. Sue Shockley, Manager of the Gallatin County Fairgrounds, noted that they received a notice last October requiring them to install sidewalk along their entire Tamarack Street frontage, which is between 07-29-2002 -6- 2,000 and 3,000 lineal feet. She noted that the County is decreasing its funding for the Fairgrounds, with its goal being that the Fairgrounds are self-supporting. In light of the costs of the sidewalk installation and the decreased funding, she asked that they be given an extension to the Fall of 2005 to complete the installation. Responding to City Manager Johnson, Engineering AssistantAndy Kerr stated that extensions have been granted to allow people to install their sidewalks; however, if the sidewalks were not installed by the time the City's contractor did the remainder, they have been included in the contract. The City Manager recommended that if the Commission wishes to grant an extension, it be to a date specific. Commissioner Youngman stated she hesitates to treat anyone differently from the others, particularly since many residents are often financially strapped when they're required to install sidewalks. In this instance, however, she is willing to support the extension because of the extraordinary length of sidewalk being installed. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Fairgrounds be granted an extension, to October 1,2005, to complete the installation of sidewalks along the Tamarack Street frontage. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, CommissionerYoungman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Discussion - proposed fire bond issue Included in the Commissioners' packets was a copy of the memo from Assistant Director of Public Safety-Fire Operations/EMS Chuck Winn dated June 19, forwarding a draft resolution to place a special voted mill levy on the ballot to fund needed capital items for the Bozeman Fire Department. City Manager Johnson noted that the new fire truck is included in the Capital Improvement Program and is scheduled for acquisition in Fiscal Year 2003-2004, with a bond issue being identified as the funding source. He cautioned that it takes over a year to build and deliver a fire truck, so it is important to begin the process now if the truck is to be acquired on that schedule. Assistant Director of Public Safety-Fire Operations/EMS Chuck Winn distributed an information packet on the need for the proposed fire bond issue. He stressed there are no new programs or personnel in the proposed bond issue, it is strictly designed to support replacement equipment and enhancements to the fire stations. He gave an overview of, and the need for, each of the items to be included in a $1 million bond issue, which include a replacement fire pumper truck, a replacement hazardous materials/rescue vehicle, two replacement staff vehicles, the addition of a clean room on Fire Station No. 1, and remodeling of the doors and upgrading of the ventilation system at Fire Station No. 2. Assistant Director Winn stated that in 1986, the City and County entered into an agreement under which the City provides hazardous materials response throughout Gallatin County. Two years ago, a grant was received for purchase of equipment for that van; however, it does not fit into the van so the County purchased a trailer which carries the equipment. Purchase of a larger vehicle will allow for all of the equipment to be carried in a single vehicle, rather than spread across several vehicles. Also, the County has pledged $70,000 toward the purchase of the new vehicle. The Assistant Director stated that the proposed $1 million bond issue would be financed through a mill levy over a three-year period. The cost of that levy on a $150,000 house is estimated at $41.50 per year. Responding to Commissioner Brown, City Manager Johnson stated the 9-1-1 Administrative Board has no intention of reviving the 9-1-1 public safety mill levy at the present time. Responding to Commissioner Brown, Assistant Director Winn stated the Fire Department will spend only the monies needed for the items that have been listed. 07-29-2002 -7- Responding to Mayor Kirchhoff, the Assistant Director stated that Station No. 1 could fit into the siting of a third station or could be relocated if so desired. Commissioner Youngman questioned the wisdom of constructing a clean room on a fire station that might soon be abandoned if relocation of Fire Station No. 1 is determined the better alternative. Responding to Commissioner Hietala, the Assistant Director indicated that the old equipment can either be recycled through other City departments or sold at auction, although he cautioned that sale of the old fire truck will probably not generate over $15,000. He stated that the third engine is integral to the Department's daily operations and could help to lower the City's ISO rating in the future, thus reducing insurance costs within the city limits. Responding to City Manager Johnson, Administrative Services Director Miral Gamradt stated there is no deadline for spending the monies from the bond issue, but if they are not spent within three years, the City must remit any arbitrage earnings to the federal government. He then indicated that a $1 million bond issue is relatively small, but would probably draw a better interest rate than a $400,000 general obligation bond issue. Mayor Kirchhoff voiced concem about the use of bond proceeds to purchase staff vehicles, which are typically purchased with cash. Responding to CommissionerYoungman, City Manager Johnson noted that the Library approached the Commission in a manner similar to this, outside the normal budgeting process, to seek a general obligation bond issue for construction of a new library. Further responding to Commissioner Youngman, Administrative Services Director Gamradt stated that bonds could be called early if not all of the proceeds are expended. Responding to questions from Commissioner Brown, City Manager Johnson indicated that the Bozeman Firefighters' Association will probably serve as the support group for this bond issue. City Attorney Luwe confirmed that City employees may not advocate for the bond issue on City time; however, the City Manager, Assistant Director Winn, or other City employees could be used as resource people to provide technical and factual data about the issue. It was moved by Commissioner Cetraro, seconded by Commission Youngman, that staff be directed to bring back a resolution for Commission action. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Ordinance No. 1569 - settinq the salaries for the City Commissioners, effective July 1, 2002; provisionally adopt and brinq back in two weeks for final adoption Included in the Commissioners' packets was a copy of Ordinance No. 1569, entitled: ORDINANCE NO. 1569 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, FIXING THE SALARIES OF THE CITY COMMISSIONERS AND MAYOR OF THE CITY OF BOZEMAN, MONTANA, IN ACCORDANCE WITH SECTION 2.04.070 OF THE BOZEMAN MUNICIPAL CODE. Commissioner Cetraro stated he had requested this item be removed from the Consent Items. He noted that Commissioner Youngman was absent when this issue was previously discussed, and felt she should have an opportunity to comment. He then thanked Mayor Kirchhoff for making Commission meetings more effective and efficient and stated he does not want to see increased salaries result in spending more time in meetings. 07-29-2002 8- Commissioner Youngman stated that for almost a decade, Commissioners have averaged 30 hours perweek on City business. She cautioned that staff is already extremely busy and cannot absorb any more duties. She noted the small increase will not be an incentive for longer meetings, and she feels that it is appropriate. Itwas moved by Commissioner Youngman, seconded by Commissioner Brown, that Ordinance No. 1569, setting the salaries of City Commissioners effective July 1, 2002, be provisionally adopted and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff; those voting No being Commissioner Cetraro and Commissioner Hietala Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Memo from Planning DirectorAndy Epple, dated July 25, regarding the possibility of entering into discussions with Dr. Robert Freilich about a contract to provide planning and legal services to the City. Planning Director Epple noted that a variety of options have been suggested on how Dr. Freilich might best assist the Planning staff as they embark on the creation of a unified development code. He briefly reviewed his proposal, which includes having Dr. Freilich travel to Bozeman for probably four intense focus days with Planning staff and possibly legal staff at the beginning of the drafting process, followed by review of the document as it is being drafted via e-mail and possibly conference calls. He noted the national trend is toward unified codes that combine subdivision and zoning ordinances, and possibly annexation policies, into one comprehensive document. He indicated that Bozeman is the first city in Montana to consider this type of approach. He acknowledged that the Commission has provided the resources to allow two of the senior Planning staff members to devote their time to long-range planning and, with guidance from Dr. Freilich, he feels they can draft a good unified development code. He concluded by stating that staff's objective is to complete the updating of zoning and subdivision regulations by the end of this fiscal year, to bring them into compliance with the Bozeman 2020 Community Plan. A majority of the Commissioners indicated an interest in pursuing the possibility of contracting with Dr. Freilich for assistance in development of the unified development code. The Planning Director indicated that he will draft a request for proposals that identifies the services being requested and see if Dr. Freilich provides a response to that request, particularly since the scope proposed by staff is substantially less than that proposed by Dr. Freilich at last week's work session. (2) Copy of a draft revised ordinance allowing for sidewalk vendors and sidewalk displays on portions of East Main Street. City Manager Johnson noted that bringing this revised ordinance back to the Commission was delayed to give him an opportunity to work with the Montana Department of Transportation to create a program that is acceptable to them as well as the City. He indicated that this ordinance will provide support for the downtown businesses while giving uniformity and consistency to what happens in the public right-of- way. (3) E-mails from J P Pomnichowski; Sparky Johnson, 1919 Spring Creek Drive; and Victoria A. Scharen; and letters from Sue Schwasinger, 2508 Langohr; Carol H. Thurston, 1620 South Third Avenue; and Henry Shovic, 19 Hill Street, regarding the proposed development at the corner of Kagy Boulevard and South Third Avenue. (4) Letter from Steve Bracken and Nyla Chandler, 108 East Story Street, voicing opposition to the proposed handicapped parking lot at the end of Harrison Street for access to Burke Park. (5) Press release from Senator Max Baucus' office regarding funding for key Montana highway, air and rail projects. 07-29-2002 -9- (6) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, July 30, in the Commission Room. (7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, July 30, at the Professional Building. (8) 2002. Minutes from the Community Affordable Housing Advisory Board meeting held on June 12, (9) City Manager Johnson stated that he attended the transit meeting at MSU on Friday. (10) Commissioner Youngman stated that three people will be traveling to Washington, D.C., to represent the City of Bozeman at the White House reception for recipients of the All America City award, including Julie Schmidt, Will Beardsley and herself. She noted that airline tickets were reasonable, and one night's lodging at the Hilton is being provided. She indicated that one civic organization may help to defray the costs of the trip. (11) Commissioner Brown stated that he attended the transit meeting on Friday and was impressed by the willingness of others to cooperate and provide information. He cautioned that there is a long lead time for purchasing buses for a transit system; and those costs are high, although 80 percent match monies can often be obtained. He stressed that operating costs are very significant, and only a small percentage of those costs is recovered via the fare box. (12) Mayor Kirchhoff stated he has received a request for a proclamation for Kid's Day, which is August 4. A majority of the Commissioners concurred in the proposed proclamation, indicating a willingness to ratify the proclamation at next week's meeting. (13) Responding to the Mayor, Clerk of the Commission Sullivan indicated that evaluations are due back to him by August 14. (14) Mayor Kirchhoff noted that over a year ago, a clean air ordinance was submitted to the Commission for consideration. He proposed that this issue be moved forward by directing staff to prepare a draft comprehensive ordinance, including restaurants and bars, to be submitted to the voters in the November election, and suggested that it be modeled after the Helena ordinance. He recognized that, since ballot issues must be forwarded to the election official by August 22, this would become a priority issue for staff. City Attorney Luwe indicated that, if the Commission directs staff to prepare an ordinance for the election, it would be accompanied by a resolution placing it on the ballot. Commissioner Brown voiced his interest in exempting outdoor smoking from the ordinance. He acknowledged that this is an issue which has been discussed for a long time. Since efforts for mediation did not work and the process has not moved forward, he feels placing it on the ballot is appropriate. Commissioner Cetraro questioned why this issue needs to be placed on the ballot when the community .is moving this direction through voluntary compliance. Mayor Kirchhoff stated this issue has been brought forward by proponents of public health, not by the Commission. He recognized that this issue does have an impact on the community, and he feels that going to the voters is appropriate. Commissioner Hietala cited several lawsuits against clean air ordinances, including the recent lawsuit in Helena, where ordinances have been overturned. He then noted that 20 to 25 percent of the population smokes and suggested that their rights should be respected. It is his understanding that there are 3,000 deaths from secondhand smoke each year in the country, which includes10 in Montana and 1 in Gallatin County. Commissioner Youngman stated that smoke harms the lives and health of employees subjected to it, and no ventilation system removes the particulate matter. 07-29-2002 -10- Commissioner Cetraro stated there is a lot on the City's plate at this time and suggested the Commission should focus on issues that are important, citing development, impact fees and the Lowe's lawsuit as examples. He then suggested that the City should wait until the lawsuit in Helena has been settled before moving forward. He indicated that he could support moving forward with an ordinance that exempts restaurants and bars, with educational signage posted on the doors of those establishments that do allow smoking. He then stated that he might be willing to consider an ordinance based on those adopted in Great Falls and Missoula. He stressed, however, that adding this ordinance to the legal staffs workload is not appropriate. Commissioner Youngman acknowledged that drafting an ordinance would have an'impact on staff. She noted, however, that in Oregon after the first community enacted a smoking ordinance, the legislature made changes which removed that power from cities; and she fears similar action dudng the next legislative session in Montana. As a result, it is important to act now. Commissioner Youngman indicated that she supports an ordinance based on the Helena ordinance which exempts outdoor smoking and smoke shops. She also suggested a delayed implementation that provides up to six months for education and business adjustments. Mayor Kirchhoff stated he supports having the ordinance become effective the first Monday after it is approved by the voters. Commissioner Cetraro voiced concern that the Commission has never discussed this issue since he and Commissioner Hietala began serving. He requested background information on the issue and discouraged a reactive decision at this time. Responding to suggestions from Commissioner Hietala, City Attorney Luwe cautioned that putting two different ordinances before the voters would be very confusing. Commissioner Brown stated he agrees with Commissioner Youngman's assessment that a delayed effective date is needed and suggested that it be at least thirty days. Commissioner Cetraro voiced concern about the negative impacts that passage of a smoking ordinance might have on local businesses, stating some businesses in Helena have seen as much as a 70- percent decrease since passage of the ordinance there. In response to Mayor Kirchhoff, three of the Commissioners indicated support for proceeding with an ordinance to be placed on the November ballot. Adjournment - 5:50 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Brown, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman, Commissioner Hietala, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. ATTEST: ROBIN L. SULLIVAN Clerk of the Commission 07-29-2002