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HomeMy WebLinkAbout2001-06-11 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 11, 2001 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, June 11, 2001, at 6:00 pm. Present were Mayor Youngman, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Assistant City Manager Brey, Planning Director Epple, Director of Public Service Arkell, Staff Attorney Cooper, and Deputy Clerk of the Commission DeLathower. Commissioner Brown was absent. 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 discussion. for Authorize absence of Commissioner Brown from this meeting, in compliance with Section 7-3-4322(2), M.C.A. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the absence of Commissioner Brown from this meeting be authorized in compliance with Section 7-3-4322(2), Montana Code Annotated. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. Minutes - January 18 and February 7, 2000, and January 30, April 20, April 30, May 7 May 14, May 21, May 29 and June 4, 2001 It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the minutes of the meeting of May 21,2001 be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Frost, and Mayor Youngman; those voting No, none. Mayor Youngman deferred action on the minutes of the meetings of January 18 and February 7, 2000, and January 30, April 20, April 30, May 7 May 14, May 21, May 29 and June 4, 2001 to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3443 - intent to increase water rates by 7 percent, effective September 1; set public hearing for July 16, 2001 COMMISSION RESOLUTION NO. 3443 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED SEVEN PERCENT (7.0%) INCREASE IN THE WATER RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WATER SYSTEM. 06-11-2001 2- Commission Resolution No. 3444 - intent to increase sewer rates by 3 percent, effective September 1; set public hearing for July 16, 2001 COMMISSION RESOLUTION NO. 3444 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED THREE PERCENT (3.0%) INCREASE IN THE WASTEWATER (SEWER) BASE RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WASTEWATER (SEWER) SYSTEM. Exemption from subdivision review - relocation of common boundary line to provide rioht-of-way for state highway r)urposes (1800 West Main Street) (E-0101) Exemption from subdivision review - Dennis and J0ni Balian - relocation of common boundary lines between Lots 62-8, 62-9 and 62-10; 62-12 and 62-13; and 62-16, 62-17 and 62-18, Village Greens Townhouses (Boylan Road) (E-0105) Acknowledge receipt of request from County Commission, dated June 4, 2001, re City building inspection r)ro(~ram within jurisdictional area; refer to staff Authorize Mayor to sign - Acceptance of Bylaws of the Bozeman Senior Citizens' Advisory Board Authorize City Manager to siqn - Service Line Installation Agreements with various r)ror)ertv owners, as identified in memo dated June 6, 2001 Authorize City Manager to sign - Amendment No. I to Professional Services A(]reement for Lyman Creek Reservoir Improvement Project - HKM Engineering Inc. Authorize City Manager to sign - General Release of Easement - 20-foot-wide utility easement runnincj north/south between Lots 2 and 4 and Lots 3 and 5, Gardner Simmental Plaza {in conjunction with development of the Bozeman Ford site) Award bid - water main extension for Bozeman solvent site - COP Construction Comr)anv, Billin.~s, Montana - in the bid amount of $1,237,327.00 Claims It was moved by Commissioner Kirchhoff, seconded by Commissioner Frost, 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 Kirchhoff, Commissioner Frost, Commissioner Smiley, and Mayor Youngman; those voting No, none. Proclamation - "Ali-American Soap Box Derby Weekend" - June 23-24, 2001 Included in the Commissioners' packets was a copy of the proclamation for "Ali-American Soap Box Derby Weekend" on June 23-24, 2001. Roger Curtiss, Alcohol and Drug Services of Gallatin County, 502 South 19 Avenue; Suite 302, noted the Soap Box Derby has been absent from Bozeman for 43 years; and it is wonderful to have it revived. This year there are 32 young people registered to participate, with the two winners going to Akron, OH to participate in the international competition. Carol Ferrie, 1450 West Kagy Boulevard, Adolescent Resource Center of Alcohol and Drug Services, stated this is an activity that is good for the community and provides opportunities for youth 06-11-2001 3- and adult collaboration. The race will be held on June 24 at 11:00 am on the Grant Street hill. On June 23 at 9:00 am a parade will begin from the mall, ending at Grant Street; and the trial runs will be held immediately following. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission concur in the Mayor's proclamation of June 23-24, 2001, as "Ali-American Soap Box Derby Weekend". The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman; those voting No, none. Ordinance No. 1539 - adding Chapter 8.30 to the Bozeman Municipal Code, to regulate, restrict or prohibit production or emission of noises which a reasonable person may find offensive Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1539, as approved by the City Attorney, entitled: ORDINANCE NO. 1539 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING CHAPTER 8.30 TO REGULATE, RESTRICT OR PROHIBIT THE PRODUCTION OR EMISSION OF NOISES OR AMPLIFIED SPEECH, MUSIC, OR OTHER SOUNDS WHICH A REASONABLE PERSON MAY FIND OFFENSIVE. Included in this week's packets were written comments from Debbie DeVoe, dated June 7, and Chris Saunders, dated June 4. Distributed just prior to the meeting were written comments from Rhonda Hildreth, dated June 7. Joel Figg, 1703 West Olive, spoke in support of the ordinance but took issue with the 5:00 am beginning hour for solid waste collection. He asked for a change to a 7:00 am starting time. Dan Gamble, 13 Hitching Post Road, asked if the Commission could provide the salient points of the ordinance for those in the audience. Staff Attorney Cooper responded this ordinance is an outgrowth of the disturbing the peace laws found in any community. The request for such an ordinance was generated because of various sources within town who continually disturb the peace with noise, prompting numerous citizen complaints. The ordinance identifies specific noise sources, prohibiting these types of noises when they disturb the quiet, comfort, health, peace, or safety of persons with ordinary sensitivity. These noises are regulated during the late night and early morning hours. The exceptions found in this ordinance allow for certain noise levels, which are to be expected in an urban environment during regular daytime hours. Enforcement will be handled as a misdemeanor offense, with complaints being filed by citizens or police officers witnessing a violation. The City Court judge has the authority to suspend the fine for the first offense; and after that, the fines will escalate per offense committed in a single year. Mr. Gamble pointed out the phrase "which a reasonable person may find offensive" seems intentionally vague; there needs to be a more scientific definition, as this could be a point of possible contention. Mayor Youngman replied that as the budget allows, the City will purchase a decibel measuring device. This ordinance is the first step; it will be rewritten to be more specific at a later time. Vern Voegele, 24727 Frontage Road, came to express his concern that businesses cannot get their snow removal completed during the time frame allowed, which will create a liability issue. Erica Skinger, 810 North 7 Avenue,//7, stated she is very much in favor of this ordinance and hopes the City will designate 10 decibels within 30 feet of property, per the Jackson Hole ordinance, as the maximum allowable. Gerald Delin, 442 North 10 Avenue, stated he has been plowing snow for 17 years; and the City is "shooting itself in the foot" if this ordinance is enforced on snowplowers because the snow 06-11-2001 4- won't get plowed before people start filling up the lots with cars. The City should be helping the businesses that are paying the bills, instead of putting a big burden on them with this ordinance. Bob Mielnik, 1604 Maple Lane, said "thank you" to whomever initiated this noise ordinance. Raucous noise is very pertinent to his family, particularly since 3 years ago when a project was built adjacent to their home. He, too, believes there will be problems if snow removal cannot begin earlier than allowed by this ordinance. There will be lots of complaints from citizens and pedestrians alike if plowing, isn't completed before they arrive. Snow plowing noises are only temporary and are a part of living in Montana. It is the unwanted and uncontrolled noises that are undesirable and should be addressed. Mr. Mielnik suggested staff research what has been done in other cities with the same climate conditions as Bozeman. He also suggested deleting the snow removal portion of this ordinance until more research is done and instead place these restrictions on loud mufflers and loud private snow blowers. John Baker, 61 9 East Mendenhall Street, noted the objections to this ordinance are based on reasonable person standards and the time limits are discriminatory. He suggested coming up with a standard that is based on a more scientific method, such as decibel levels which can be measured. Stricter enforcement of the current disturbing the peace and/or disorderly conduct statutes is one way of getting rid of unruly and/or undesirable behaviors. Ed Harrington, 2196 Harper Puckett Road, stated his primary concern is snow removal and noise. He is involved with the County Market plaza snow removal, and they have been involved in two sizable lawsuits because of people falling in the parking lot. Snow is an act of God, which must be removed in a timely fashion. He suggested the Commission needs to revisit this ordinance because they are interfering with private enterprise. Micky Davis, 55 Axtell Anceny Road, said this ordinance will be put him out of business (snow plowing), totally, and he will be forced to talk to a lawyer; that's how serious this ordinance is. He said the ordinance needs to include lawn mowing, street sweeping, semis parking in lots, and other noise making activities. Jon Gerster, 719 North Wallace Avenue, pointed out they are in the business of sleeping people, but they still need to plow their lot. He doesn't believe plowing should be an issue with this ordinance, since people's windows are closed in the wintertime. Summer is when things are more contentious in the noise department, with windows open and people trying to sleep. The city needs an ordinance for when common courtesy fails; and it needs to target parties, etc. that can be controlled, but it cannot punish businesses with this ordinance. Wade Dooley, 24727 Frontage Road, stated this ordinance is in direct conflict with the law regarding snow removal. He was here a year ago defending himself against snow removal violations; he had to buy more equipment and hire more crew last year to meet the snow removal requirements. He has never had calls or complaints about noise in the middle of the night resulting from snow removal. He, too, stated this ordinance will put them out of business and will increase the liability of businesses. The community will not stand behind the Commission when people are being hurt or killed and vehicles are being damaged because there is nothing that can be done when snow turns to ice except throw sand on it, which will destroy the beauty of this clean, little community. Jerry Perkins, 511 North Wallace Avenue, Karst Stage, noted smells can be offensive, lights are offensive; are they going to be addressed, as well, under disturbing the peace laws. They have backup devices on their buses for safety, and those buses leave before 6:00 am to pick up clients. When young kids start sliding under buses, that is a serious problem. Once the snow is packed down and turns to ice, it cannot be removed. Bonnie Hash, 1204 North 9 Avenue, said she used to sleep days and she used ear plugs. People need to learn to talk to their neighbors. This community doesn't need laws made to make honest people criminals; there is no need for this type of ordinance. 06-11-2001 5- Joe Zinner, 113 South Wallace Avenue, stated these are necessary noises. What bothers him are the kids with motorcycles with no mufflers or cars with loud stereos. Necessary noises are different from nuisance noises. Commissioner Smiley voiced her concern about commercial uses, saying those uses need to be reexamined. The intent isn't to hamper the city from taking care of its snow problems or put people out of business. Mayor Youngman said there are a variety of ways commercial noises can be dealt with. It was unanimously agreed by the Commissioners to have Staff Attorney Day-Moore review the public comments and bring back a revised ordinance for Commission consideration. Concept plan review "Off Broadway" Delaney and Company commercial planned unit development on 18 acres located along east side of North Broadway Avenue at East Mendenhall and East Lamme Streets extended Included in the Commissioners' packets was a memo from Assistant Planner Caroline, dated June 11, forwarding the concept plan for "Off Broadway", a commercial planned unit development to be located on 18 acres along the east side of North Broadway Avenue at East Mendenhall Street extended and East Lamme Street extended. Assistant Planner Caroline noted this is an informal review of this project; a commercial PUD development of 18 acres of this parcel. The developer will do the formal presentation. Michael Delaney, 101 East Main Street, stated he is before the Commission to get their comments on his proposed Off Broadway project. He has held numerous meetings with the Commissioners, City Planning staff, the Northeast Neighborhood Association, and reviewed numerous drafts of plans to develop one which will have the least amount of impact on the infrastructure of the area while providing maximum benefit for downtown Bozeman. This will be a first-class office park, capable of accommodating high-tech companies who want to relocate to Rozeman. Mr. Delaney noted they have created a place centered around the classic design of a central park with a fountain and statuaries, with office spaces that will have front doors as their major entrances. The buildings will be one to two stories primarily, but some may be three to four stories. All will be brick and glass; an extension of existing Main Street construction. The initial response by potential clients has been very encouraging. Commissioner Frost responded this site plan looks like a huge parking lot with buildings on it. There are a lot of parking places, with few trees. The comments and eight suggestions received from the Design Review Board, and included in the Commission packets, are pertinent and would improve the design shown this evening. Commissioner Frost said his great concern is there isn't going to be much residential development included in this project, and there needs to be a lot of residential included. Mr. Delaney responded to Commissioner Frost's comments by saying their goal was to try to increase the number of potential residences, so they explored the inclusion of apartment units and loft units. However, the real estate community was not encouraging of this location for home sites. In fact, Mr. Dab Dabney, developer of affordable housing units, sent a letter of response saying, in his opinion, this site is not appropriate for the type of housing he builds. The reason being developers cannot force housing in areas that people do not want to live. This particular location is noisy because of the freeway and the backing of trucks in the industrial areas; there is a lot of noise conflict in this area. He has attempted to shelter the area from this noise by building in a square design, which would provide the potential for residences on the third or fourth floors. Mr. Delaney said he feels this design allows them the creativity to allow residential development; they are not closing the door to residential development, rather opening the door to a place where people want to be. Ileana Indreland, 101 East Main Street, clarified for the Commission that the Design Review Board (DRB) has not seen the plan they are presenting to the Commission this evening. The DRB comments in the staff report were made about a previous plan. The developers took the suggestions 06-11-2001 -6- from the DRB and reworked the plan to incorporate them, and that product is before this Commission now. Mr. Delaney pointed out that to be competitive in the market place, whether on Main Street, in the city, or out in the county, adequate parking is a must. He said he hates installing parking lots, but people are going to drive; and if there isn't adequate parking with attractive landscaping, the City cannot expect to lure high quality businesses that pay above a living wage. He believes people prefer to be near Main Street; and they will shop, eat, and entertain themselves downtown, but there must be facilities to attract them. Commissioner Smiley noted the City has complicated living downtown by the lack of adequate parking She encouraged Mr. Delaney to do something with his design to include parking around the park. Mr. Delaney responded the most valuable parking a business has is parking at the front door, per the consultants. This plan presented tonight is designed for the customers who will be using the facilities. The customers will park around the park; and the employees will park behind the buildings, which will create the appearance of a vibrant city center. Mayor Youngman questioned the connection of a trail with the Burke Park trail, heading north. Mr. Delaney replied this is a large 70-acre parcel they are dividing into three lots. The interconnection on Mendenhall Street will be the gateway to the trail system. He is trying to devise ways to move pedestrians to the newly created trails. Commissioner Kirchhoff inquired as to the width and length of the central park area, to which Mr. Delaney replied it is 60 feet wide and 500 feet long. Commissioner Kirchhoff said there are some great features included in this project; and he particularly likes the central place idea, which will be a "destination". He, too, agrees there is a lot of parking area. He also feels the entryway and parking on Lamme Street should be de-emphasized. Commissioner Kirchhoff stated the public right-of-way streetscape is good with the buildings configured like that. Commissioner Smiley noted lot 1 is primarily wetlands and asked what they are planning to do with the wetlands, which is a great community concern. Mr. Delaney responded their hope is that once the first phase of buildings are built, the property values will appreciate to such an extent it will be possible for them to donate a large amount of that land to the city. Mayor Youngman stated the integration of residential units is the important element of this concept that is missing. There is a terrible attrition of housing in the downtown, and that residential component is what helps to stabilize the downtown. Mr. Delaney replied they would have designed their 777 project differently, to include two floors of residences, if they had known then what they know now; specifically the possibility of the new library being constructed across the street, the construction of Jacobs Crossing, and other downtown improvements. However, parking remains a huge issue downtown; studies have shown that residential units that sell are those that provide two parking spaces, even if it is only a one-bedroom unit. Ms. Indreland encouraged the Commissioners to take the opportunity to walk the property; they will view the project differently when they are actually on the property. Also, they welcome any additional input the Commissioners may provide. Break 7:55 pm Mayor Youngman declared a break from 7:55 pm until 8:04 pm, in accordance with Commission policy. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1) Copy of the resolution adopted by the Board of Health encouraging the Commission to adopt a clean air ordinance. 06-11-2001 7- (2) Copy of a letter from Anders Larsson, Department of Civil Engineering at MSU, to Director of Public Service Arkell, dated May 16, voicing appreciation for the collaborative effort between that department and the City's Wastewater Treatment Plant. (3) Letter from Chris Stamation, 1757 Highland Boulevard, dated June 5, thanking the City for maintaining the pedestrian/bicycle trail along Highland Boulevard on a year-round basis. (4) Letter from "Treasures of the State" parade, dated May 29, inviting participation in the Independence Day parade to be held on July 7 in Helena. (5) Newsletter from Headwaters Recycling, announcing that the next meeting will be held in Three Forks on June 13. (6) Minutes from the Montana Transportation Commission's regular meeting held on March 29, 2001, in Helena and the telephone meetings held on April 18 and May 11, 2001. (7) Agenda for the Bozeman School District No. 7 Board meeting to be held at 7:00 pm on Monday, June 11, at the Willson School. (8) Agenda for the County Commission meeting to be held at 9:00 am on Tuesday, June 12, at the Courthouse. (9) Revised agenda for the Zoning Commission meeting which was held on Tuesday, June (10) Agenda for the Development Review Committee meeting to be held at 10:00 am on Tuesday, June 12, at the Professional Building. (11) Agenda for the Design Review Board meeting to be held at 3:30 pm on Tuesday, June 12, at the Professional Building. (12) Agenda for the City Planning Board's work session scheduled for 7:00 pm on Tuesday, June 12, in the Commission Room. City Manager Johnson offered the following FYI items: 1 ) The city managers' meeting was the best one he's attended in a long time; the issues were relevant and there were good discussions. 2) Torlief Aasheim, who is chairing the restoration project of the "M", stopped by to see if the City would be interested in helping with that project. Since there is so much traffic in that area, the group's goal is to install a real parking lot to provide safety on the highway. Planning Director Epple submitted the following FYI items: 1) The Baxter Meadows project went through Planning Board and Zoning Commission review last week; it will come forward next week with recommendations of approval. 2) The Planning Board is also recommending approval of the Master Plan Amendment for the school district site; the Zoning Commission is not recommending approval of the B-P zoning. 3) The Planning Board will review the 2020 plan tomorrow night as their primary function, as a step toward making their formal recommendation to the Commission. 4) CastleBar Properties, on Oak Street, will be coming forward with another phase of their affordable housing project. 5) He met with a landowner who is considering the development of a planned unit community, to include 700 housing units and a golf course. 6) Planning staff appreciates the Commissions patience; projects are piling in at an astounding rate. Director of Public Service Arkell presented the following during her FYI: 1) The solvent site water main project came in under cost, but there will be additional costs incurred. 2) Regarding Wallace Avenue, Jerry Perkins has met with the Northeast Neighborhood Association and Commissioner Frost to discuss proposals to reestablish some no-parking on his side of the street. 3) They have completed the interviews for the transfer station design. 4) There is a Montana Department of Transportation meeting tomorrow at 7 pm at the high school. 5) Tom Adams, Wastewater Treatment Plant, was the first place winner of the NexLevel business plan competition. 06-11-2001 -8- During his FYI, Commissioner Frost offered the following: 1) The vacancies on the Planning Board need to be filled as soon as possible. Commissioner Smiley stated the following during her FYI: 1) There was a story of a similar sized community as Bozeman, with similar WalMart tactics being employed, presented on PBS; and she has it taped and available for viewing if anyone is interested. 2) There was extreme hail damage in Bismarck, ND; the storm lasted 2.5 hours, with 5-foot drifts of hail and plows becoming stuck in the drifts. Public hearing - Certificate of Appropriateness to allow creation of new basement apartment and construction of new detached two-car garage with uDDer story sleepinq area in coniunction with main floor apartment, with deviations from Sections 18.18.030, 18.18.050 and 18.50.110, Bozeman Municipal Code, to allow second dwelling unit on a lot which is 20 feet narrower than required 60- foot width, allow garage to encroach 5 feet into reouired 5-foot side yard setback and 10 feet into required 10-foot rear yard setback, allow garaoe tO occupy more than 25 percent of required rear yard. and allow reduction of on-site parkin= spaces from 4 spaces to 2 spaces on a portion of fractional Lot 2, Guy's Addition - Kent Madin, 108 South Bozeman Avenue (Z-01052) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Kent Madin, under Application No. Z-01052, to allow the creation of a new basement apartment and construction of a new detached two-car garage with upper story sleeping area in conjunction with main floor apartment on a portion of fractional Lot 2, Guy's Addition. In conjunction with this application is a request for deviations from Sections 18.18.030, 18.18.050 and 18.50.110 of the Bozeman Municipal Code to allow a second dwelling unit on a lot which is 20 feet narrower than required 60-foot width, to allow the new garage to encroach 5 feet into the required 5-foot side yard setback and 10 feet into the required lO-foot rear yard setback, to allow the garage to occupy more than 25 percent of required rear yard, and to allow reduction of on-site parking spaces from 4 spaces to 2 spaces. The subject property is located at 108 South Bozeman Avenue. Mayor Youngman opened the public hearing. Historic Preservation Planner Strahn presented the staff report, reviewing the proposed plans and the deviations requested. Staff is supportive of this application and feels the requested deviations are appropriate. However, staff did struggle with the parking issue; but if the on-site parking requirements are adhered to, there will be no yard space left to enjoy. In his letter, Mr. Roberts supports developing this property, but feels this is trying to do too much on such a small lot. He also believes the mature tree will be threatened by the rear addition. Planner Strahn noted Mr. James Drummond, president of First Security Bank, has expressed his concern that renters from these apartments will be parking in the bank parking lot, as they have in the past. Mr. Madin responded to those concerns and outlined them in his letter submitted to the Commission. He has suggested adding a condition to the lease agreement to contain the stipulation that abuse of the First Security Bank parking lot will be grounds for termination of the lease. Commissioner Kirchhoff inquired as to the number of parking spaces required and the number provided. Historic Preservation Planner Strahn replied four are required, with two being provided. Mara Gai-Katz, architect for this project, commented on the project and clarified the impact that requiring two extra parking spaces will have on the back yard. She noted they believe the tree in the back yard can be saved. Kent Madin, applicant, stated he was unaware of the parking controversy when he became interested in purchasing this property. He has purchased both 108 and 110 South Bozeman Avenue, and he has made improvements to this property. It has been painted, and it will soon be roofed. A tree service has come in and pruned one branch, and they have told him they believe this tree will survive if he is careful with the excavation. 06-11-2001 9- Mayor Youngman asked if this tree dies, will a replacement one be planted? Mr. Madin assured her a replacement tree would be planted, if necessary. Commissioner Smiley reminded Mr. Madin that saving those trees has been important to her throughout the review of these properties. Chris Nixon, 719 North Wallace Avenue, said he is excited to see this project. The neighborhood has fought for these houses to be preserved; this is right thing to do with these homes. He, too, believes this tree can be saved. Jon Gerster, 719 North Wallace Avenue, stated this is a real opportunity for urban/residential interface. He wholeheartedly salutes this project and feels it is important to save this type of residential density in the downtown area. Mr. Gerster recognized this is an appropriate last project for outgoing Historic Preservation Planner Strahn since this is true historic preservation - "taking houses out of the jaws of asphalt and restoring them to family dwellings". Curtis Olson, 116 South Bozeman Avenue, said he purchased his home just a year ago. While he likes what Mr. Madin has done and appreciates that he is fixing up the homes in the neighborhood, he is concerned about the amount of project in such a small space. This site was saved from being an asphalt parking lot and now Mr. Madin is packing people into this little space rather than cars. Parking is of particular concern for him because his property shares the driveway with 110 South Bozeman Avenue, and they have small children whose safety will be impacted by this increased occupancy. Also, there is no proposed landscaping for these projects. Mr. Olson cited his concern there will be big buildings with no landscaPing to hide them from view. He would prefer to see a 2-car garage only constructed, with no additional living space above the garage. Mr. Madin responded by saying he would like to find a way to create distinct back yards for these properties. He would also like to tastefully landscape them and install fencing at 110 South Bozeman Avenue. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Kirchhoff acknowledged he has heard the concerns of the neighbors; however, this is a good project. He is encouraged by the volunteer effort of the owner to put lease restrictions on to nip future parking problems in the bud. Therefore, he supports this project as is. Commissioner Frost agreed this is a good project, and he will support it as well. All Commissioners agreed to add the requirement for a lease restriction prohibiting parking in the First Security Bank parking lot as a condition of approval. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Certificate of Appropriateness requested by Kent Madin, under Application No. Z-01052, to allow the creation of a new basement apartment and construction of a new detached two-car garage with upper story sleeping area in conjunction with main floor apartment on a portion of fractional Lot 2, Guy's Addition, with deviations from Sections 18.18.030, 18.18.050 and 18.50.110 of the Bozeman Municipal Code to allow a second dwelling unit on a lot which is 20 feet narrower than required 60- foot width, to allow the new garage to encroach 5 feet into the required 5-foot side yard setback and 10 feet into the required 10-foot rear yard setback, to allow the garage to occupy more than 25 percent of required rear yard, and to allow reduction of on-site parking spaces from 4 spaces to 2 spaces, be approved subject to the following conditions: The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman zoning ordinance. 3. The applicant shall include in the lease agreements for the rental properties a 06-11-2001 10- stipulation that abuse of the First Security Bank parking lot will be grounds for termination of the lease. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman; those voting No, none. Work session re proposed living wage ordinance Previously distributed to the Commission was a copy of a proposed living wage ordinance, as submitted by the Montana People's Action. Those present for this work session included representatives of Montana People's Action, the Gallatin Development Corporation, and the Bozeman Area Chamber of Commerce. Mayor Youngman reminded the participants the Commission is asking the stakeholders to participate in a facilitation session, conducted by the Community Medication Center, at a later date to determine a common ground and issues that need to be addressed. This work session is the first of several steps required before the issue comes back before the Commission. Kelli Pollington, 16 Lancelot Lane, summed up the proposed ordinance, saying the Montana People's Action (MPA) has been working on enacting a living wage ordinance for a long time. They were requested by the Commission to draft an ordinance, which, after several revisions, is being presented this evening. A living wage is defined as a wage someone can exist on without receiving additional support benefits. This ordinance says any business receiving a tax break or incentive from the City, and the contract is over $10,000, they should be required to pay a living wage; this includes the City. A living wage is determined to be $9.25 per hour with benefits or $10.50 an hour without benefits. While there is a desire to have good businesses locate in Bozeman, MPA feels citizens shouldn't subsidize businesses and their employees both. Commissioner Kirchhoff asked how MPA had arrived at the $10,000 figure. Ms. Pollington answered they went through City contracts and found the $10,000 and above contracts have been awarded to stable companies that would not be hurt by this living wage ordinance. Commissioner Kirchhoff then noted the City doesn't pay living wages to all its employees and asked how that affects their thinking of then applying it to others. Ms. Pollington replied they believe the City does need to pay a living wage. Commissioner Kirchhoff then noted Missoula has a living wage ordinance and asked if that one was acceptable. Ms. Pollington responded Missoula's way of approaching their ordinance was different; they formed a committee, including members of the Montana Public Employees Association. She then distributed copies of Missoula's ordinance. Mayor Youngman inquired as to why the language regarding compensated days off was included. Ms. Pollington noted some jobs don't offer paid time off, and it is important people have some days off. The City is giving these businesses lots of money; and, in turn, those businesses should be required to give their employees some paid vacation days. Mayor Youngman then noted this ordinance doesn't include collective bargaining and asked if there was a specific reason for that. Ms. Pollington replied they did not feel it was necessary. Cort Felts, 610 Dell Place, //10, and representing the Gallatin Valley Green Party, stated he could answer specific figure questions regarding the job gap study, if necessary. They have found plenty of studies that support the living wage cause and haven't found any that haven't. Mr. Felts noted there has been no living wage ordinance passed anywhere in the country that has been a detriment to the economy in any way, including small business closure. He volunteered to supply the Commissioners with web sites on this issue that they might find helpful and informative. Joe Zinner, 113 South Wallace Avenue, who is retired and has "no ax to grind regarding a living wage", said he can see why people have to go to the store and use food stamps to buy food. But that could be eliminated if they were paid appropriately; that subsidy money is coming from moneys paid through taxes. Various people have brought to his attention that if people cannot make 06-11-2001 11 - a living here, why don't they move out. He responds that if people believe all they are worth is a minimum wage, that is what they will be paid elsewhere, same as here. Mayor Youngman asked Mr. Felts if any of the communities who have living wage ordinances are Bozeman's size? Mr. Felts replied there are a variety of cities Bozeman's size, including several in Wisconsin. There are more than 50 communities all over the country of various populations and make-up that have living wage ordinances. Vonda Laird, 414 North 20 Avenue, representing the Bozeman Area Chamber of Commerce, said she does not see a need for a living wage ordinance in Bozeman. She does, however, see a need to lower the cost of living in Bozeman. Gallatin County has one of the lowest unemployment rates in the state, currently around 2 percent. The wage level has also continued to increase in the county, and currently the average income is $21,000 or $10 per hour. Small businesses will feel the impact of this law; it is the small businesses that are growing and providing more and more entry-level jobs, and Bozeman does not have a trained workforce. She cited a recent study released by the Employment Policy Institute that found a living wage ordinance can have an adverse impact on those who enter the workforce in entry-level, skill-building jobs. Ms. Laird closed by asking the Commission to consider forming a task force that would address how to lower the cost of living in Bozeman, which would eliminate the need to enact this ordinance. Jerry Perkins, 511 North Wallace Avenue, Karst Stage, stated that requiring contractors to pay a prevailing wage to obtain a City contract will put small businesses at a disadvantage. There are a lot of variables affecting businesses besides wages; and businesses need to control where they can, with labor costs being one of those areas. The market will drive what is fair, and businesses are driven to do whatever is necessary to retain or attract employees. People will work for what a business is offering; and if the business isn't offering a competitive wage, they won't stay. Dennis Cattin, 2018 Knaab Drive, and member of the Executive Board of Gallatin Development Corporation, stated a skilled, trained labor force attracts companies and provides a higher quality of life for the entire community. Most start-up companies, after training their employees and getting through the initial stages of development, pay over $9 per hour. It is imperative to address the following questions regarding revolving loan fund dollars: 1) will businesses continue to use these funds if forced to pay living wages 2) what is the impact on business recruitment and expansion; will companies not locate or relocate here if they have to pay a living wage 3) 'would companies that contract with the City stop contracting with the City if they have to pay higher wages Mr. Cattin added that economists believe living wage ordinances will increase the poverty levels of those they are meant to protect. Non-profits, with Iow budgets, will also be affected; and they exist to help those who are largely unskilled. Two of the most important needs of companies are flexibility to adjust to change and skilled workforce development, according to Mr. Cattin. Workforce development is the number one need of companies today, and this area needs to center its focus on developing a skilled workforce. He, too, suggested the area needs to focus on the cost of living; not wages paid. Commissioner Smiley asked Mr. Cattin how he proposes to lower the cost of living. He replied there is a lot that can be done; but there needs to be lots of research to determine those things. Greg Metzger, 334 Skycrest Drive, agreed this is a cost of living issue; not a wage issue. He suggested, rather, breaks on water rates, electric rates, taxes, etc. should be the focus for those who need it. He believes the living wage issue can be overcome by training; a trained workforce is most important to him as a business owner. The City's revolving loan fund is an investment in the future, and the City shouldn't penalize those folks who are trying to make the future come to pass. David Smith, President of the Bozeman Area Chamber of Commerce, reiterated this should be a hand-up, not a hand-out program; and he would like to see more employees who want to stay in 06-11-2001 2- this community and work hard to move up. He wants to see a cooperative effort between the employees and employers. Cort Felts agreed this is a cost of living issue, and that is the point. He doesn't believe this is a hand out in any way, shape, or form. He noted non-profit organizations will not be affected by this ordinance. He reiterated there are no documented cases that living wage ordinances have been detrimental to businesses, including small businesses. A living wage ordinance doesn't demand entry- level workers be paid wages they don't deserve. Mr. Felts noted the prevailing minimum wage in this country in 1968 was $8.00 per hour in year 2000 dollars; currently the minimum wage is $5.15. The Montana prevailing minimum wage is less than 60 percent of the proposed living wage for a single adult. Commissioner Smiley stated she is struck by the fact that those employers who are most at fault are not in attendance tonight. The better employers are present tonight, and they have the ability to work with the others to encourage them to pay their employees better. She feels there needs to be facilitation sessions to see the entire business community shape up a bit. Commissioner Frost noted that when tax incentives are passed on to businesses, it benefits both the community and the business. He agrees the community needs to invest in the future of business, but it also needs to invest in the future of its people. Commissioner Frost said he doesn't see any problem with having people who are hired with tax incentive dollars being paid a wage that at least includes insurance. Having an opportunity to give people a chance to get into positions that pay livable wages with a growing company that receives tax incentives is a win/win situation. This is a problem that cannot be solved by the Commission; it must come from the community. Mayor Youngman asked the business community to think about resolving some of these issues through alternative approaches. There also could be other things that could be done besides loosening the requirements to encourage businesses to take advantage of the revolving loan fund. She suggested business community members need to get together with the Montana People's Action to find alternative solutions to the problems raised this evening; businesses cannot just say "no". Andy Jackson, 112 7 Street, Belgrade, said the net effect of this ordinance is those who follow the laws are penalized by those who do not. There needs to be a cooperative effort between the education system, businesses, and workers to better train the workforce. That way new companies could come in and understand they were getting skilled workers, capable of moving up within the business. From a business perspective, entry level personnel will not be hired if a living wage ordinance is enacted. Businesses won't hire someone with no skills when they can pay more to someone who has the skills. The net effect will be a wipe-out of entry-level jobs, eliminating the training of the workforce. People get raises based on merit and skill; train the workforce so they have skills and can earn more. Commissioner Kirchhoff said he is impressed with the work put forth on this and is grateful to have a prototype of a living wage ordinance. If this ordinance were being brought forward for a vote this evening, he would vote in favor of it. He also said he would be interested in hearing about programs to improve workers' abilities; and if there is a mechanism that someone can find to start controlling the cost of living, he would be interested in that as well; but those things don't preclude the need for a living wage ordinance. By a straw vote, all Commissioners support facilitation as the next step in this process; and all participants this evening indicated a willingness to participate in that facilitation, including City staff. Mayor Youngman noted the Community Mediation Center has offered July 9th as a possible date for the first facilitation meeting. The participants will check on the feasibility of meeting on that date and make arrangements to do so. Adjournment - 9:58 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Kirchhoff, seconded by Commissioner Frost, that the meeting be adjourned. 06-11-2001 -13- The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Frost, Commissioner Smiley, and Mayor Youngman; those voting No, none. ATTEST: Clerk of the Commission PREPARED BY: KAREN L. D~LATHt3~NER Deputy Clerk of the Commission 06-11-2001