HomeMy WebLinkAbout2002-03-11 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
March 11, 2002
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, March 11, 2002, at 7:00 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, Staff
Attorney Patricia Day-Moore and Clerk of the Commission Robin Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for discussion.
Minutes - January 18, 2000, and January 22, February 25 and March 4, 2002
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes
of the meeting of March 4, 2002, be approved as amended: The motion carried by the following Aye and
No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown,
Commissioner Cetraro and Mayor Kirchhoff; those voting No, none.
Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and January
22 and February 25, 2002, to a later date.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Acknowledqe receipt of staff report - intent to annex 74.26:!: acres in the Nl/, and SE%
of Section 24, T2S, RSE, MPM (west side of South Third Avenue, south of
Allison Subdivision, Phase II, and north of Sacajawea Middle School) - Mahar
Montana Homes, L.L.C., for Con and Daphne Gillam Revocable Trust
{A-02001)
Commission Resolution No. 3513 - intent to annex 74.26+ acres in the Nt/2 and SE',/,
of Section 24, T2S, RSE, MPM (west side of South Third Avenue, south of
Allison Subdivision, Phase II and north of Sacajawea Middle School); set
public hearinq for April 8, 2002
COMMISSION RESOLUTION NO. 3513
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE
INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND
CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY
DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO
INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
Authorize Mayor to sign - Headwaters Cooperative Recycling Project Agreement-for
five-year period beginning July 1, 2002
Building Inspection Division report for the month of February 2002
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Claims
It was moved by Commissioner Hietala, seconded by Commissioner Brown, 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
Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, CommissionerYoungman and Mayor
Kirchhoff; those voting No, none.
Ordinance No. 1560 - amending Chapter 9.32 of the Bozeman Municipal Code to establish
administrative procedures for permittin.q open containers in public places, to eliminate conflicts
with current procedures and to create a procedure for activities on MSU property
Included in the Commissioners' packets was a copy of Ordinance No. 1560, as approved by the City
Attorney, entitled:
ORDINANCE NO. 1560
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY AMENDING
TITLE 9, CHAPTER 32, TO ALLOW THE CITY MANAGER TO WAIVE THE PROVISIONS
OF THIS CHAPTER IN PUBLIC AREAS AND TO ELIMINATE CONFLICTS WITH THE
CITY'S CURRENT PROCEDURE; AND ADDING SECTION 9.32.020, CREATING A
PROCEDURE FOR ACTIVITIES ON MONTANA STATE UNIVERSITY PROPERTY.
Staff Attorney Patricia Day-Moore briefly highlighted the revisions contained in this ordinance. She
noted that the odginal ordinance allowed for waivers and permits to be granted by the Director of Public
Safety; however, with recent changes in the City's form of government, the Director of Public Service is
responsible for waivers and permits in the public parks. In response to recent requests, the City Manager
has asked staff to prepare revisions to the code to allow permits to be issued for other public places, such
as streets and sidewalks. In preparing this ordinance for Commission consideration, she has also deleted
redundant sections and has made some changes in style. She stressed that many of the changes have
been made to reflect current procedures.
Commissioner Brown forwarded the following suggested revisions to the ordinance. On Page 2,
under Section 9.32.015.C. 1., he proposed the language be revised to state "... Whether the type of activity
will substantially interrupted the safe and orderly movement ..." On Page 3, under Section 9.32.015.E., he
voiced concern that the language is confusing and suggested that the word "issue" bechanged to "offer."
Staff Attorney Day-Moore stated that Section 9o32.015.E. allows staff to work with the applicant if
the date, time and location of the requested event conflicts with another event. She noted that the applicant
may accept an alternative time or location or staff can deny the application in the event of a conflict; and
Section 9.32.015.E. accommodates those adjustments to the original application. She then indicated this
section parallels the provisions in the parade and public assembly ordinance.
Ms. Madlyn Tracz, Executive Director of the Downtown Bozeman Partnership, stated support for
the proposed ordinance, noting that the Downtown Bozeman Association, in conjunction with downtown
restaurants and bar establishments, has proposed weekly events this summer. These events are oriented
toward families, but they also want to allow for the consumption of alcohol on the streets and sidewalks.
She stressed that they feel this will provide more control over drinking and help control the potential of
underage possession.
Mr. Dave Douglass, Prevention Specialistwith Alcohol and Drug Services, voiced his concern about
weekly events where alcohol is served in the downtown area, particularly with the potentials of underage
drinking and overconsumption. He stated that, as a citizen and prevention specialist, he is concerned about
revising the ordinance to make it easier for an .entity to apply for open containers in public places.
Ms. Shelly Johnson, Alcohol and Drug Services, voiced her opposition to the ordinance, cautioning
it could open the floodgate for driving under the influence (DUI) and minor in possession (MIP)infractions.
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StaffAttorney Day-Moore stated that theopen container ordinance prohibits drinking outside places
licensed for sale of alcoholic beverages but has provided for a Waiver or a permit for the consumption of
alcoholic beverages in parks. This ordinance expands that. waiver or permit process to include other public
places, such as streets and sidewalks, and adds six items to the application and seven review criteria for
approval. She noted that one of the. criteria is the requirement to provide information on how underage
ddnking is to be prevented and how drivers are to be protected.
Responding to Mr. Douglass, the Staff Attorney stated that the Director of Public Service is
responsible for issuing permits for the parks, and under this ordinance the City Manageris responsible for
issuance of permits in other public places. He-cOuld, however, delegate that duty to one of his
subordinates.
Responding'to Mayor Kirchhoff the City.Manager stated the parade and public assembly permit
allows-for recurring events, and he proposes to operate permitting for the open container in a similar
manner. He stressed that, even if only one permit is issued for a recurring event, the permit can be revoked
if problems arise.
· Commissioner Youngman suggested that if the Commissioners wish to see any amendments to the
ordinance, they be forwarded to staff prior to final adoption.
· It was moVed by Commissioner Brown,. seconded by Commissioner Cetraro, that Ordinance No.
1560, to establish administrative procedures for permitting open containers in public places, to eliminate
conflicts with current procedures and to create a procedure for activities on MSU property, 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 Brown, Commissioner Cetraro, Commissioner
Youngman, Commissioner Hietala and Mayoi~ Kirchhoff; those voting No, none.
Informal review - Walton Homestead Planned Unit DeVelopment - subdivide approximately 35.47
acres into four lots for mixed-use planned unit 'development consisting of 96 multi-family
apartments and'87 condominium dwellinq units on south two-thirds of property and approximately
85,000 square feet of commercial office and 10,000 square feet of retail space on north one-third of
site (north of Durston Road, south of West Oak Street, west of,Gallatin County Rest Home)
Included in the Commissioners' packets was a memo from Assistant Planner Kozub and Senior
Planner Skelton, dated March 6, forwarding the concept plan for the Walton Homestead PUD.
Assistant Planner Susan K°zub stated the subject property is located between Durston Road and
West Oak Street, immediately west of the Gallatin County Rest HOme. She stated the applicant proposes
to subdivide slightly over 35 acres of current agricultural land into foul* lots for mixed use development,
including office and retail space on the northern, one-third and 96 multi:family apartments and 87
condeminium dwelling units on the southern two:thirds of the property. She indicated that during reviews
of this informal application by the Development Review Committee and the 'Design Review Board, issues
identified include parkland and open space, pedestrian circulation, density and the building envelopes along
West Oak Street. She briefly highlighted each of those issues, noting that the Planning staff has determined
the right-of-way for futUre extension of Juniper Street needs to be provided, and that it cannot count toward
the 6 acres of public open sPace required for this .planned unit development.
Mr. Bill Hanson, architect rePresenting the applicant, gave a brief power point Presentation on the
site and proposed development. He noted that West Oak Street is to be part of the community's major
transportation syStem,* and North 15th Avenue through this long, narrow Parcel will connect Durston Road
and West Oak Street. Because straight alignment of North 15th Avenue would create a narrow unusable
strip along the Western boundary, they are proposing to curve the roadway to the east, which will also
discourage using it as a cut through street,
Mr. Hanson reviewed the proposed' deVelopment'of the'site, noting that condominiums areto be
constructed on the southem third, with apartments on the middle third and commercial/office development
on the northern third. He indicated this development is to occur in three phases, with that portion lying west
of North 15th Avenue to be developed first. This phase contains a portion of each type of use and will help
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get the infrastructure for this PUD in place. He highlighted some of the features of the. development,
including a pedestrian pathway, limited driveways onto North 15th Avenue through the use of an alleyway
in the condominium development, and a pdvate street called Walton Way which will have parking on only
one side. The common open space is to be divided, with less than one acre located along the Juniper
Street right-of-way and the remainder in pockets where it can be easily used by adjacent residents.
Mr. Hanson noted that the concept plan includes a soft edge along West Oak Street, with the
buildings arranged to address the interior streets and to enclose the parking areas. He noted that the
Design Review Board expressed concern about the soft edge, indicating a desire to have the buildings
oriented toward the West Oak Street frontage, with retail in those buildings rather than office uses. Finally,
a bus stop is proposed on Oak Street by their development, with a pedestrian spine extending from the
street through the commercial area.
Mr. Hanson stated the site contains just over 35 acres, and he has calculated 16.37 acres, or 46
percent of the site is open space; however, staff has indicated that setbacks cannot be included in that
calculation. He noted that 1.3 acres of dedicated public parkland is proposed, with the remainder in small
private pocket parks that can be visually controlled from the residential units. He asked for Commission
input on his proposal versus providing 5.5 acres of dedicated park within the development.
Responding to Commissioner Brown, Mr. Hanson confirmed that, through an agreement with the
County, North 14th Avenue is to be constructed on County property in exchange for the developer paying
for construction of the entire street.
Responding to Commissioner ¥oungman, Mr. Hanson estimated that North 15th Avenue through
this development will be approximately 2,300 feet long. He then indicated a willingness to use some
mechanism for slowing traffic on that long expanse, noting he would prefer to discourage its use as a
thoroughfare.
Responding to additional questions from CommissionerYoungman, Planning Director Epple stated
that the minimum collector width is 65 feet of right-of-way. Commissioner ¥oungman expressed concern
that bike lanes have not been included in the design of North 15th Avenue and encouraged the applicant
to use the street standards in the new transportation plan in developing the formal application.
Commissioner Brown voiced concern about the raised walkways, cautioning they may interfere with
public safety.
Mr. Ray Center, consulting engineer, stated that to the south of Durston Road, North 15th Avenue
is a 60-foot-wide street. He cautioned that blending the two street sections must be carefully done and
indicated that providing bike lanes can be accommodated.
In response to comments regarding Juniper Street, the Planning Director stated that future extension
of the street westward will possibly be in an a curvilinear format that connects with Stevens Street.
Mayor Kirchhoff noted that, generally speaking, people like the traditional grid system, with 300-foot-
long blocks. He suggested that probably 16 city blocks could be fit on this parcel by using that model,. He
also proposed that, rather than a segmented pattern, the different types of residential development be
mixed.
Responding to comments from Mayor Kirchhoff, Mr. Bill Hanson stated that the parking requirements
make it difficult to provide a viable grid-type development on this property, noting Bozeman's parking
requirements are greater than others in the state and the nation. He then indicated a willingness to look at
possibly locating some of the residential buildings within the setbacks, thus modulating every second or third
building.
Commissioner Youngman addressed the issues of parks and open space, stating her support for
a meaningful sized park, rather than the proposed small pocket parks.
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Mayor Kirchhoff stated the' buildings along West Oak Street should address the street, with more
commercial than' office development. He al.so suggested that they be more city-center type buildings,
possibly constructed of brick.
Commissioner Brown encouraged the use of wells to irrigate this property; however, Director of
Public Service Arkell cautioned this site may be located within the solvent site.plume.
Mr. Gene Cook, developer, noted that residents of this development will probably be either young
families, possibly single-parent families, or seniOr citizens relocating from larger houses.
The Commissioners thanked the applicant and his design team for the opportunity to review this
concept plan.
Break - 4:'40 to 4:45 p.m.
policy.
Mayor Kirchhoff declared a break from 4:40 p.m. to 4:45 p.m., in accordance with Commission
Discussion. FYI Items
The following "For Your Information" items were forwarded to the Commission.
-. (1) Letter from Margaret Ryder, dated March 4, expressing support for the WalMart supercenter.
(2) E-mail message from Glenn and Lee Allinger, 112 Westridge Drive, urging the
Commissioners, when they consider proposals for development of the property at the intersection of South
3rd Avenue and Kagy Boulevard, to approve development adjacent to which they would personally be willing
to live.
(3) Minutes from the Montana Transportation commission meeting held on December 13, 2001,
and the telephone meetings held on January 15 and February 4, 2002.
.(4) Agenda for the Open Lands B°ard meeting to be held.at 7!00 p.m. today at the Bozeman
Public Library.
(5). Agenda for the County Commi§sion meeting to be held at 9:00 a.m. on Tuesday, March 12,
at the Fairgrounds.
(6) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Tuesday, March
12, in the Commission Room, along with minutes from their meeting held on February 26.
(7) Newsletter from Headwaters Recycling announcing that their next meeting will be held on
wednesday, March 13, at Chico Hot Spdngs.
(8) Agenda for the Co.m'munity Affordable Housing Advisory Board meeting to be held at 4:00
p.m. on Wednesday, March 13, at the HRDC offices, along with the minutes fro. m the January 9 meeting
and draft minutes from the February 13 meeting.
(9) Agenda for the Development Review Committee meeting to be held at 10:00-a.m. on
Tuesday, March 12, at the Professional Building.
(10) . Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, March
12, at the Professional Building.
(11) City Manager Johnson indiCated that the City Manager and Neighborhood Coordinator from
the City of Great Falls.have indicated they could make a presentation regarding their program during a
special afternoon session at next week's meeting if the Commission so desires. After a brief discussion,
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the Commissioners agreed.not to hold a special seSsion next.week but to schedule the presentation for
April 8.
(12) Planning Director Epple submitted the following. (1) Stated that staff is entering into
discussions with Mr. Jerry Williams regarding the 100-acre park and parkland dedication requirements for
his project. (2) Stated that representatives from the School District have indicated they do not support the
location of parks or open space adjacent to school properties.
(13) Director of Public Service Arkell gave an update on the installation of sidewalks along East
Peach Street between North Wallace AVenue and Broadway Avenue. She .stated that, as a result of
meeting with the neighborhood, staff is proposing the widening of the street by approximately two feet on
the south side, constructing the curb and gutter, leaving an 8-foot-wide boulevard and raising the sidewalk.
She noted that these changes are acceptable to the residents and will result, in a 30-foot-wide collector
street in what appears to be a reasonable compromise. She concluded by forwarding staff's intent to
proceed with these improvements unless directed not to do so by the Commission.
(14) Commissioner Youngman submitted the following. (1) Attended portions of the Community
Mediation Center's training of facilitators for the new facilitated land use program. (2) Went on a potential
truck route tour with Rick Ogle last week. She reminded the Commissioners of standing invitations from
other area businessmen. (3) Stated that she has been asked to serve as the Commission's representative
on the board for the new Community Cultural Council. (4) Noted the Nation's Cities Weekly included
information on a dial-in conference call about youth participation, being held at 10:30 a.m. on Thursday,
March 21. She indicated that she will work with the Mayor to make sure someone from Bozeman
participates. (5) Passed along an article from the Nation's Cities Weekly about available FEMA mapping
monies, Suggesting that this may be a good source for monies at what appears to be a good time for
coordinating with the implementation of the new growth plan and facilities plans as well at the GIS mapping
program.
(15) Mayor Kirchhoff stated that he attended a land use conference in Denver last week. He
briefly highlighted some of the topics covered, including recent land use ethics dilemmas, takings issues,
dark skies, affordable housing and smart growth.'
Recess - 5:00 p.m.
Mayor Kirchhoff declared a recess at 5:00 p.m., to reconvene at 7:00 p.m. for the purpose of
conducting the scheduled public hearings.
Reconvene - 7:00 p.m.
Mayor Kirchhoff reconvened the meeting at 7:00 p.m. in the Gallatin Room at the Holiday Inn for the
purpose of conducting the scheduled public hearings.
Public hearing - intent to discontinue and vacate those pOrtions of North 5th Avenue and Baxter
Lane (;enerally located between the north riqht-of-way line of West Oak Street and the east right-of-
way line of North 7th Avenue
This was the time and place set for the public hearing on the intent to diScontinue and vacate those
portions of North 5th Avenue and Baxter Lane between West Oak Street and North 7th Avenue, as set by
Commission Resolution No. 3511, entitled:'
COMMISSION RESOLUTION NO. 3511
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA'
DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO DISCONTINUE AND
VACATE THOSE PORTIONS OF NORTH 5TH AVENUE AND BAXTER LANE
GENERALLY LOCATED BETWEEN THE NORTH RIGHT-OF-WAY LINE OF WEST OAK
03-11-2002
STREET AND THE EAST RIGHT-OF-WAY LINEOF NORTH 7TH AVENUE IN THE CITY
OF BOZEMAN, MONTANA.
'MayOr Kirchhoff opened thePublic hearing.
Engineering Assistant Andy ·Kerr presented the staff report. He noted that these requested street
vacations are to accommodate development of the remaining vacant parcels, along with anticipated
expansion of the WalMart store. He noted that the petition for vacation was referred to staff, and the
comments received have been compiled and included in the staff report. As a result of those comments,
staff has forwarded a recommendation for approval, subject to four conditions. He briefly highlighted those
conditions, stressing that final adoption of the. ordinance vacating these street rights-of-way should be
scheduled at the same time as approval of the amended plat aggregating the lots.
No one was present to speak in support of or in oPposition to the requested street vacations.
Since there were no Commissioner objectionS, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the
Commission approve the requested discontinuance and vacation of those portions of North 5th Avenue
and Baxter Lane generally located between the north right-of-way line of West Oak Street and the east right-
of-way line of North 7th Avenue, and direct staff to bring back an ordinance enacting the discontinuance,
subject to the following conditions:
1. Establishment of the access easement to serve Lot 4, Minor Subdivision No. 109.
Establishment of utility easements for all water, sanitary sewer and storm sewer
mains and appurtenances located within the rights-of-way for Baxter Road and
North 5th Avenue.
'3.
Establishment of'a Montana Department of Transportation approved private
approach permit in place of the existing Baxter Road public street approach onto
North 7th Avenue.
Coordination of final adoption of the ordinance with approval of the ·minor subdivision
that aggregates Lot 1, Minor Subdivision No. 109, and Lots 2A and 3A, Minor
Subdivision No. 109B.
The motion carded 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:
Public hearing - Zone Code Amendment - establish new definition for "food processing facility",
allOw as principal permitted use in the M-1 zone, and add restaurant serving alcoholic beveracles
as conditional use in food processing facility under certain circumstances (Z-02016)
This was the time and place set for the public hearing on the Zone Code Amendment initiated by
the City. Commission under Application No. Z-02016, to establish a new definition for "food prOcessing
facility", allow it as a principal permitted use in the "M-1" zoning district, and add restaurant serving alcoholic
beverages as a conditional use in a food processing-facility under certain circumstances.
Mayor Kirchh0ff opened the' public hearing..
Assistant Planner Karin caroline presented the Staff report. She reminded the Commission that a
zone code amendment to expand uses in the "M-I" district to include restaurants serving alcoholic
beverages asa co'nditional use was denied last fall, and staff was directed to bdng back a new amendment
for Commission consideration. She briefly revieWed this.new amendment, which is basicallyafour-part
proposal under which the term "food processing facility'; is defined; food processing facility is listed as a
principal permitted use in the "M-I" zoning district; under Principal permitted use, restaurant is expanded
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to include the stipulation "occupying not more than 45% of total building area of a food processing facility";
and under conditional use, add "restaurant serving alcoholic beverages under state beer and wine license
issued since 1997, prohibiting any form of gambling, and not occupying more than 45% of total building area
of a food processing facility."
The Assistant Planner stated that the Zoning Commission considered this amendment at its meeting
held on March 5. As a result of its public hearing and review of the staff report, the Zoning Commission
made several revisions to the proposed amendment, after which it forwarded a recommendation for
approval. She briefly highlighted those changes, noting that they include continuing to allow restaurants
as a permitted use in the "M-I" zone and adding restaurants serving alcoholic beverages as a conditional
use.
Planning Director Epple expanded on the Zoning Commission's recommendation, noting that they
also recommended adding the definition for "food processing facility" and allowing that as a principal
permitted use in the "M-I" zone.
No one was present to speak in support of or in opposition to the proposed zone code amendment.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Responding to Commissioner Youngman, Planning Director Epple stated that, during discussions
last fall, it was recognized that many "B-2" were being allowed in the "M-I" zoning district, resulting in the
loss of much of the manufacturing land base to non-industrial activities.
Mayor Kirchhoff noted one of the concerns was the potential that commercial activities in an
industrial district could also drive up the cost of land, putting it out of reach for industrial users.
Responding to comments from Commissioner Hietala, Commissioner Youngman stated that the
zone code amendment forwarded by staff is what the former Commission had requested. She then
indicated that convenience food stores can be addressed through the comprehensive zone code
amendment process.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the
Commission approve the Zone Code Amendment under Application No. Z-02016, to establish a new
definition for '~ood processing facility", allow it as a principal permitted use in the "M-I" zoning district, and
add restaurant serving alcoholic beverages as a conditional use in a food processing facility under certain
circumstances, as proposed by staff, and direct staff to bring back an ordinance enacting the amendment.
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 Hietala and Commissioner
Cetraro.
Continued discussion and vote - to advertise and set date for motion to rescind previous decision
(and set possible public hearin;) on Major Site Plan with Certificate of Appropriateness to allow
construction of 94,980-square-foot buildinq with 18,884-square-foot outdoor qarden center and two
retail/restaurant satellite lots, on Lot 2, COS No. 2089 with deviation from Section 18.34.060 to allow
the main peaked entrance to exceed the maximum buildinq hei;ht by 8 feet - Home Depot USA for
Cape-France, Inc. (west side of North 19th Avenue, south of Baxter Lane) (Z-02011)
The following motion was pending from last week's meeting: Itwas moved by Commissioner Hietala,
seconded by Commissioner Youngman, that the Commission set April 8 as the date for a motion to rescind
its decision to approve the Major Site Plan with Certificate of Appropriateness to allow construction of a
94,980-square-foot building with 18,884-square-foot outdoor garden center and two retail/restaurant satellite
lots, on Lot 2, COS No. 2089, as requested by Home Depot USA for Cape-France, Inc., under Application
No. Z-02011, and as the date for public hearing for possible rehearing and decision on the major site plan.
Mayor Kirchhoff reminded those in attendance that this is a continued discussion from last week's
meeting and asked only those who have not previously testified to do so at this time.
03-11-2002
Mr. Reid Smith, 8104 Pinon Place, stated that groWth in Bozeman promotes business groWth, and
there has been a substantial amount of groWth in and around Bozeman in the last ten years. He noted that
with the increased population, the demand has increased but the supply has not. AlSo, as a "weekend
warrior" he has found the existing stores are not open in the evenings, and he often cannot get supplies at
what he feels are reasonable prices. He suggested that the competition will. result in better pricing for
consumers, although he does not anticipate the prices at Home Depot will be significantly less than those
in the competitors' stores. '
Mr. Bob Allum, 885 Damarell Road, UltrasOnic Cleaning Systems, stated that other than Home
Depot, theirs is the only company in the area that can custom fit and install blinds in the same day. He
noted they are not afraid of Home Depot; rather, they are willing to compete head-to-head on the issues of
price, quality, service, and honesty and integrity. He indicated their company is at a point Whereit needs
to expand, and the Commission's action on this agenda item will help them decide whether to expand in
Bozeman or Belgrade. He Concluded by encouraging the Commission to look to the 21st century and not
try to stop business from coming in.
Mr. Bill Ogle, Kenyon Noble, spoke in support of the motion to consider rescinding the action on
Home Depot. He stated that the hearing on February 25 contained information thatwas not completely
correct, particularly since he has heard subsequent to that hearing about closed stores and about stores
of less than 94,000 square feet. He also expressed concern that the revisions to one of the conditions were
not negotiated in the open Commission meeti.ng. He further noted that the City is not being consistent in
assessing project impacts, as evidenced by asking WalMart to pay $25 million to mitigate the impacts of its
proposed expansion while negotiating with Home Depot for $500,000 to address impacts generated by a
new and slightly larger facility. He stated that a professional study is needed prior to assignment of costs,
and the community needs to receive consistent, informed decisions and leadership from the Commission.
Ms. Patty Kicker, 1757 Highland Boulevard, stated she works for a non-profit organization, and they
depend heavily on local support. She stressed that the businesses that will be affected by the
Commission's decision support most, if not all, of the non-profit organizations in Bozeman. She asked the
Commission to reconsider its decision and to consider the community impacts.
Mr. Mark Haggerty, Greater Yellowstone Coalition, read excerpts from a newspaper article in
Philadelphia regarding big box stores. That story encouraged communities to be prepared when big box
stores come knocking on the door and to recognize that zoning helps shape the communities that people
want to work and live in. Suggested items to be addressed include re-use of the building should the store
fail and leveraging of improvements. He concluded by noting that as Bozeman updates its zone code,
issues like this should be included.
Mr. Stewart Mitchell, 705 South Tracy Avenue, urged the Commission to consider the wisdom of
permitting additional big box stores in the community. He noted the smaller stores in the community pay
higher wages that support families, and the companies put their profits back into the local economy. He
stated that the existing businesses are competitive and are willing to meet or beat the prices in other stores.
He Cautioned that big box stores can allowa store to be a loss leader until the competition is driven out; then
they can increase the prices in what'has become a monopoly. In addition, the big box stores pay lower
wages, and people are less able to support the local' economy. He concluded by noting the cumulative
impact of big box stores can be devastating to a community.
Mr. David Smith, Executive DireCtor of the Bozeman Area Chamber of Commerce, nOted that the
830 members of the Chamber are not unanimous on anything, but they are consistent in support of the free
enterprise system and the democratic process. He stated that many of the Chamber members are
concerned about the potential for taxes being raised to defend lawsuits. He noted the real issue is due
process; and in this instance the public hearing was held and closed, an agreement was accepted and the
Commission voted on the application. He conclUded by encouraging the Commission to uphold its decision.
Former Commissioner Sandra Smiley, 614 South 14th Avenue, noted that she· has heard discussion
about parking spaces, sizes of stores and protecting existing businesses, but nothing about people, Iow-
income housing or where those making'less than $8 an hour will live. She stressed that this community is
becoming the retail center for all of southwest Montana 'and encouraged the Commissioners to allow it to
happen.
03-11-2002
Mr. Cad Esbjomson, 236 Marilyn Court, characterized himself as pro-community and prO-business.
He stated there is a place for big box stores, but only if theY meet the community's standards .and mitigate
the negative impacts on the community and local economY, He noted that, when considering new
commercial development, questions tO be answered include who benefits and how the new development
impacts the quality of life. He concluded by enCouraging the Commission to reconsider its vote on Home
DePot. . -
" Mr. Chris .Ogle, 825 South VVillson Avenue, encoUraged the Commissioners to rescind their vote
and to gather more information before'making a new decision. He cautioned there has been very little
consistency in actions on 15ig box stores, and .starting this process over and considering additional
information would be beneficial.
Mr. Bob Bellows, 15139 Kelly Canyon Road, stated that 87 percent of the materials for his recently;
built home were purchased locally. He expressed.his support for free enterprise~ noting people should be
able to decide where they wish to shop; he chose Bozeman. He then noted that he worked with a Native
American for eleven years, and one'of his favorite expressions was "white man speak with forked tongue."
He concluded by cautioning that rescinding the previous decision could set a very dangerous precedent.
Mr. Randy Stenzel, 1200 East Main Street, stated his support for Home Depot, noting it gives
customers an additional choice. He noted that competition gives better prices and better quality of service,
citing the motel industry as an example.
Mr. Kerry McMaster, Herford Drive, Belgrade, voiced concern that while healthy competition can be
good; too much competition can be bad, particularly when a large corporation is involved. He' noted that
Home Depot is' known for a 300-percent emploYee turnover rate, many of whom they will have recruited from
local stores. He cautioned that if Home Depot comes to town and takes sales away from existing
businesses, the result will be lay-offs and closures; and he encouraged the Commission to reconsider its
decision.
Mr. Alan McCollim, 105 Shallow Brook, stated he is employed by Kenyon Noble. He encouraged
reconsideration of the decision, noting that 50 percent of Home Depot's employees are part-time employees.
Mr. Roger Koopman, Career Concepts, read his letter into the record. He encouraged the
Commission, when considering the potential negative effects of competition, to consider not only the impacts
of a big bOx store such as Home Depot, but to also consider other market sources such as internet
marketeers and mail order catalogues. He concluded by encouraging the Commission to not reconsider
its vote.
Mr. Chris Counce, 47 East Hulbert Road, stated that rescinding the decision would be a mistake and
would set a dangerous precedent.' He noted that, after working his fair share of $8 an hour jobs, he started
his own furniture making business three miles down the road from a major furniture manufaCturer.
Mr. Richard Smith, 2916 South Third Avenue, identified the main issue as whether large scale
competition is wanted inside city limits, and not the exterior appearance of the building, the landscaping or
the parking. He noted that, as a builder, he receives service from local companies that will not be available
from Home Depot, He concluded by encouraging the Commission to not protect certain businesses from
competition, which violates the basic tenets of free enterprise.
Mr. Steve Bachmeier, owner of TruValue in Belgrade, stated he offers some of the best service in
the area. He noted that pdce checks reveal his prices are close to those in Home Depot. He recognized
that competition is inevitable, noting it makes businesses stronger. In this instance, however, he is
concerned about the size of the store being proposed, and questioned whether the Bozeman area has
enough retail trade to support a 95,000-square-foot home improvement store.
Mr. Johnnie Corde, 2416 Fairway Drive, stated he feels the proposal to limit the initial size of the
building and then allow for expansion is a good One, particularly since it helps to create a level playing field.
He acknowledged that Bozeman is growing, noting that growth is not bad unless it is unbridled and
unplanned. He noted that big box stores are located in Missoula, Great Falls and Billings, all of which are
03~11-2002
11 -
bigger and uglier than Bozeman. He'concluded by encouraging the Commission to reconsider this item and
to.consider downsizing to a facility that match'es the scale and spirit of Bozeman.
Mr. Darrel'Behrent, 208 Lind'ley Place, noted that for several years the State of Montana had a 5-
percent preference for in-state contractors when bidding Public works projects. The MOntana contractors
fought to eliminate that preference, noting their position was that if they could not compete at home, they
should not be in business. He also quoted a very prominent downtown businessman who asked the City
to stay away from them, noting they don't need the help or the hindrance. He Concluded by encouraging
the Commission to not reconsider its previous vote.
Mr. Joe Hamner, 111 Michael Grove Avenue, reviewed the procedure followed in the hearing on
February 25, noting that everyone had the opportunity to speak at that time, although some chose not to
speak. He encouraged the Commission to honor the agreement previously reached and not reconsider this
item, cautioning that ramifications could include paying for a lawsuit instead of funding needed infrastructure
improvements.
Mr. Robin Becker, Becker Carpeting, noted he started his business in his home ten years ago, and
six new carpeting stores have opened since then. He stated there is enough competition in the area to keep
prices down, and he does not feel the market is large enough to accommodate Home Depot, too. As a
result, he encouraged the Commission to reconsider its vote.
Mr. Don Knittel, 2410 Par Court, stated he has loCated his business in Bozeman and hopes to
emploY ten.families. He noted that his business, in part, is a permit business; and he finds discussion about
rescinding a previous vote completely intolerable and unacceptable. He stated that hisnephew has worked
for Home Depot forfive years while going to school and has enjoyed good benefits. He concluded by noting
that he.supports Bozeman-based businesses; however, he also feels that competition is good.
Mr. Anthony Smith, 2457 Academy Drive, stated he is a contractor, with accounts at the local stores.
He noted that the local businesses have expanded or are planning expansions because of the growth in
business. He voiced concem about the proposal to reconsider the action on Home Depot and stated that
free enterprise should prevail.
Mr. Steve Rude, 183 West River Rock Road, stated he shops at TruValue and does not care if
HOme Depot locates in Bozeman. He noted, however, that he is concerned about the negative impacts that
the big box stores might have on the local businesses.
Mr. Keith Gilbert, Kenyon Noble, noted that Home Depot's prices are very close to those at Kenyon
Noble. He then noted that if people want local support, they should shop locally.
Mr. Steve Schlegel, 1417.Robin Lane, encouraged the Commission to not reconsider its vote. He
noted that he, personally, will continue to shop at the local stores. He. stated that he has seen several
Bozeman people shopping in Billings because of better prices; however, he does not believe local
businesses have as much to be concerned about as they have indicated.
Ms. Laurie Leland, 1305 Wildflower Way, encouraged the Commission to stick with its decision,
noting it is important for the Commission to set an example in the community. She stressed the .importance
of having options and choices, including hours and convenience for those needing such services. She also
indicated that she should have the opportunity to.shop in a store where she can afford to shop, rather than
being penalized for trying to succeed in home ownership on a tight budget.
Ms. Penny Bertelsen, 612 West Main Street, noted she grew up in Bozeman and owns a business.
She recognized the big job that a City Commissioner has, stating that with every decision, a Commissioner
alienates people; however, she stressed the importance of doing what the majo. rity of people want and
keeping the big picture in mind. She encouraged the Commissioners to revisit a decision made in haste,
taking time to address it in a manner similar to' past decisions.
Mr. Kelly Wiseman, Community Food Co-opl noted that their business successfully competes with
supermarkets. He stated that the approval process for their expansion project worked well. He is
03-11-2002
oncerned about the changing rules being cOnsider'ed at this time, and encouraged the Commission to not
reconsider its decision.
Mr. Frank Armknecht, 9748 Cougar Drive, questioned why Home.Depot was not required to do an
impact study and why theywere not held to the.same standards as VValMart. He also voiced concern about
the.negotiatiOn of acondition in other than a public setting. He stated it appears the. process is flawed and
encouraged reconsideration of the decision.
.Mr. Jerry Perkins, 511 North Wallace Avenue, stated the issue surfacing most is the reputation and
integrity of the community, to which no dollar value, can be assigned. He noted that, two Weeks ago, the City
and the aPplicant negotiated their best deal in good faith,' and encouraged the Commission to honor that
deal. He reminded the Commission that Home Depot Wi!l pay $795,000 in impact fees and $167,000
annually in taxes; and he feels that those revenueS Should be realized by Bozeman rather than Belgrade.
Ms. Susan Swimley, attorney representing Home Depot, noted that following due process, the
Commission Voted to approve the application, subject to seventy conditions.' She noted that decision was
based on evidence presented through the fullpublic.hearing process, and the unsubstantiated allegations
forwarded during this discussion are not relevant to the decision and should be disregarded. She stressed
that the City Attorney's response to the allegation of an illegal hearing reflects that allegation is unfounded
and encouraged the Commission to not reconsider this item.
Commissioner Hietala noted that the Commission has heard mostly from consumers and not much
from affected businesses. He stated that. he has a firm feeling that this is not a level playing field, and he
is 'concerned aboUt the enormity of the decision' made in a short period of time. He does not feel, however,
that the Commission would be on solid legal ground for reconsideration of its decision.
Commissioner Youngman noted that the comments made during the past two weeks have revealed
how much thinking is going on in the community regarding this issue, and those comments show the
community is evenly split. She addressed the difference between the WalMart process, in which they
offered a study in lieu of a proposed moratorium, and the Home Depot application, which requires that an
impact study be completed to identify needed mitigations. She then stressed that the Commission never
negotiates in public; rather, staff negotiates outside open meetings. She noted it is not uncommon for the
Commission to wait a week prior to making its decision; however, the applicant asked for a decision that
evening. She concluded by thanking everyone who has provided input on this issue.
Mayor Kirchhoff noted that the Commission has chosen not to implement a moratorium, during which
a consistent policy could be developed; rather, it is dealing with applications as they are submitted. He
recognized that theresults are difficult decisions that are open to inconsistencies. He conclUded by voicing
his hope that the Commission can evolve a policy that allows large scale retail in a way that won't
overwhelm the rest of the community.'
Commissioner Brown noted there are already big box stores in Bozeman; and over the past couple
years, the Commission has struggled with expansion of existing stores 'and the introduction of new ones.
He recognized that fairly assessing the impacts of new or expanding businesses can be very difficult to do.
He concluded by stating he feels an appropriate decision was made two weeks ago.
Based on the testimony submitted.and the above discussion, Commissioner Hietala requested
permission to withdraw the motion; after'seeing no Objection, Mayor Kirchhoff announced the motion is
withdrawn. '
Break -9:00 to 9:15 p.m,
Mayor Kirchhoff declared a break from 9:00 p.m.' to 9:15 p.m., in accordance with Commission
policy.
03-11-2002
13-
Public hearing - Zone Code Amendment - revise Section 18.52.030 ofthe Bozeman Municipal Code
to provide for consideration of fiscal criteria in site plan review for buildinQs .qreater than 50,000
square feet in gross floor area and settinq Parameters therefor (Z-02020)
This was the time 'and place set for the public hearing on the Zone Code Amendment initiated by
the City commission under Application No. Z-02020, to'revise Section 18.52.030 of the Bozeman Municipal
Code to provide for consideration of fisca crteria in site plan rev ew for bui d ngs greater than 50,000
square feet in gross floor aroa and setting parameters therefor.
Mayor Kirchhoff opened the public hearing.
City Manager Johnson noted that copies of the. staff report, draft minutes from the Zoning
Commission meeting held on Tuesday, March 5 and the draft ordinance were distributed just pdor to the
meeting. He stated that the. Zoning Commission action was tied on a 2-2 vote, thus this zone code
amendment is coming forward with no official recommendation.
Planning Director Andy Epple stated that the Zoning Commission was not convinced this proposed
amendment is the best approach and attempted to identify alternatives. He noted that this amendment, as
proposed, codifies the requirement for an economic impact study in conjunction with a site plan submittal
for any project involving a building of greater than 50,000 square feet. He noted that the criteria identify
those items expected in a study.
Commissioner Brown noted that in the previous diSCussion on this item, the Commission had asked
that the terms "retail" and "single tenancy" .be added to the ordinance; however, those revisions are not
included in the ordinance just distributed.
Mr. Jim Brandt, 526 West Cameron Bridge Road, urged the Commissioners to give favorable
consideration to this zone code. amendment, noting it is important to understand the impacts of big box
retailers. He stated it is important to protect the community atmosphere, citing Groat Falls and Phoenix as
examples of communities overrun by big box retailers.
Mr. David Smith, Executive Director of the Bozeman Area Chamber of Commerce, stated he is
opposed to this ordinance as drafted. He cited examples of how big box stores have helped local
businesses, including Pierce Flooring in Billings which realized a 30-percent growth in sales after Home
Depot was opened, and the Costco store in Billings which encountered a loss in sales after the Costco in
Bozeman opened. He stated that Mr. Murdoch, Ranch and Home, has asked that the City take steps to
ensure that future retail establishments are subject to the same criteria that he was subject to. He also
encouraged the Commission to consider the far-reaching effects of the proposed amendment,' and the fact
that it impacts only certain segments of the commercial community.
Mr. Chris Counce, 47 East Hulbert Road, cautioned that adoption of this amendment could result
in large retailers going to locations outside city limits rather than going through a time-consuming impact
study. He encouraged the Commissioners to address applications on a case-by-case basis rather than
adopting this amendment that could have additional negative impacts on the city.
Mr. Lowell Springer, 117 Hoffman Drive, noted that this amendment as drafted would impact the
72,500-square-foot manufacturer of high tech materials that Would potentially be hiring MSU graduates. He
suggested that different size buildings for.different types of uses be considered as the trigger point fOr an
economic impact study, much like the parking requirements in the code.
Mr. JOe Hamner, 111 Michael Grove Avenue, stated his concurrence with Mr. Springer's comments.
Mr. Chds Ogle, 825 South Willson Avenue, stated it is important to develop a cleady defined process
so everyone knows what is needed for Commission approval of a project. He noted that the requirements
could start at 50,000 square feet, but additional study.might suggest that the square footage be increased
to 70,000. He stated the information in the economic impact studies will help in identifying the appropriate
size and the appropriate mitigations.
03-11-2002
Mr. Jerry Perkins, 511 North Wallace Avenue, cautioned that the impact study is subjective and
asked who designs the criteria. He noted that young people are taught to pursue their goals with no ceiling,
and he is concerned that size limitations could impact future businesses coming to the community. He
recognized that this amendment could result in more consistency in the process and what is expected of
future development; however, he cautioned that it could also ddve businesses elsewhere in the County, like
Belgrade or Four Comers.
Mr. Rick Ogle, 210 East Lincoln Street, stated his'support for the ideaS forwarded by Mr. Springer.
He stressed that the key issue is ensuring the same requirements and expectations for everyone-and
creating'a level playing field for all businesses. As a result, he suggested that a single way of dealing with
those having more impacts would be great for the community.
Mrs. Ashley Brandt, 526 WestCameron Bridge Road, stated her concurrence With those who have
spoken' in support of this amendment. She noted that, without the consistency that this amendment
provides, the Commission is being bullied into decisions. Inaddition, it is important to consider the welfare
of the community and how a specific proposal might impact it. She concluded by voicing her support for a
cap with growth points and stressed the importance of a standard process.
Mr. Larry Bowman, 2614 Spring Creek Drive, noted that testimony on the preVious agenda item
included repeated comparisons with Billings, Missoula and Great Falls, all of which have substantially larger
populations and trade dollars. He stated that Bozeman will grow and absorb' more retail business; but the
question is how soon, how fast and to what extent. He indicated that this amendment will allow businesses
to come in and grow with the community while allowing for some control on how the community grows and
the impacts on existing businesses.
Mr. Jim Plum, 404 Golden Valley Drive, asked where the 50,000 square feet in the amendment
came from and suggested that a percentage of the total industry in the community may be better than a fixed
size cap.. He also cautioned that allowing a smaller building and then a.percentage expansion in a couple
years will result in significantly higher building' costs. He noted that in graduate school, he learned how to
manipulate statistics, cautioning that a favorable statistical analysis can be made for any positionl He
concluded by stating the pdmary PUrpose of government is for the health and safety of the community and
indicated he feels the effects of government on the governed should be minimized.
Mr. Frank Armknecht, 9748 Cougar; Drive, urged approval of this amendment or a similar
amendment.
Mr; Christopher Nixon, 719 North Wallace Avenue, stated he is appreciative of the Commission
looking Jnto the issues identified in this amendment. He suggested, however, that this item is coming before
the wrong bodY; rather, it should be discussed by the Commissions of Gallatin County and Park County to
ensure it is addresSed on a broader basis. He cautioned that implementing this amendment could result
in businesses moving outsize Bozeman's. city limits. ' ~
Commissioner Brown reiterated his interest in. having the limitations of "retail" and "sing e tenant"
added to the proposed ordinance. He also feels it is critical that the impact studies be done for the City, not
for the applicant. He suggested that the monies for the study be placed in an escrow account by the
applicant before the study is undertaken and that the City control the process.
CommissiOner Cetraro viewed this amendment as a work in progress, stating he can support it only
with significant rewriting. --
· Commissioner Youngman stated her.supp0rt for limiting this amendment' to. retail, noting that
manufacturing and high tech businesses seem to have feWer negative impacts on the cOmmunity. She also
voiced support for applying these requirements.to single tenant 'structures,' suggesting that the 50,000-
square-foot figure maY needadjusting. She then suggested revisions to the term "balanced housing" and
suggested that more information on the :"category killer" concept be included.. She stated she is Still
committed to the idea of an impact study for large stores, noting the resulting data will be helpful.
Commissioner Hietala stated his support for Commissioner Youngman's comments regarding
structures, impactStatements and measuring their effects? He also recognizedthe importance of drafting
03,11-2002
-15-
something that is consistent and coherent. He proposed a temporary cap of 70,000 square feet'with growth
points for a period of two years to give the City an opportunity to further study this issue. He suggested one
alternative may be to restdct the applicant to 50 percent of the total square footages of similar businesses
in the area. In. the meantime; he proposed a short moratorium until the ordinance for this zone'code
amendment can be finally drafted and adopted, so the Commission can address this type of application in
a consiStent manner.
Staff Attorney Day-Moore noted that a couple 'of years ago staff drafted an interim urgency
ordinance to place a moratorium on construction of large stores, but it was not adopted at that time. She
stated it. could probably be revised and brought back on Monday for Commission review.
Commissioner Brown stated that, while he understands Commissioner Hietala's concerns, he does
not share his approach. He noted the Commission has established a precedent that if a large store comes
in and has an unfavorable impact on specific items, such as affordable housing and the market, mitigation
is .required. He concluded by stating that he is in favor of an impact study but is opposed to prohibition of
buildings over a certain size.
Commissioner Cetraro stated his concurrence with Commissioner Brown's comments.
Responding to Mayor Kirchhoff, CommisSioner Brown stated he envisions impact studies being
required for every applicant for a large store, recognizing that some studies may simply expand information
from a previous study to ider~tjfy impacts that a second large store in a similar retail market may have. He
noted this further stresses the importance 'of the City controlling the process.
Following Commission discussion on the proposed amendment and the possibility of implementing
a moratorium while the amendment is being finished, City Manager Johnson cautioned that, without a
moratorium, the City will negotiate the conditions of approval for the next big box store in the presence of
crowd pressure; and the Commission will make'its decision with a condition crafted in the final moments
before the vote.
The COmmissioners reviewed the changes proposed during the above discussion. A majority of the
Commissioners agreed that the ordinance should be revised to reflect single tenancy, retail establishments
and City control of the impact study. Some of the Commissioners also recognized the benefits of pursuing
an interim urgency ordinance to implement a moratori.um while the amendments under this agenda item are
further considered and possibly enacted.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that this public hearing
be continued to next week's meeting and that the Clerk of the Commission be directed to publish notice of
a public hearing for March 25 on a possible interim urgency zoning ordinance to establish a moratorium on
"big box" development. The motion carried 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. .
Adjournment - 11:00 p.m.
There being no further business to come before the Commission at this time, it was moved by.
Commissioner Brown, seconded by Commissioner Cetraro, that the meeting be adjourned..The motion
carded by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner
Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none.
ROBIN L. SULLIVAN
Clerk of the Commission
KI'RCN~OFF, Mayor
'03-11-2002